On August 09, 2021 a
Order
was filed
involving a dispute between
Rautmann, Daniel,
and
for Trust
in the District Court of San Bernardino County.
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Noreen T. Fontaine, {SBN 170380} F L E [3
E
LAW OFFICE OF NOREEN T. FONTAINE SUPERIOR coum 0F CALIFOHSIA
400 S. Ramona Avenue, Suite 212-N COUNZEggAfiéNmbESRpNfiRD‘N
CA
'
Corona, 92879
Tel: No: (951) 278-8290
Fax No: (951) 268-9454
{:Ea 22 2323
Email: noreen@attyfontaine.com
Court Appointed Attorney for Denise Marie Garcia ASHA
BY:
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — JUSTICE CENTER
In re Case No: TRUSB2100072
10
THE CONNIE M. MONTESANO TRUST
ll
DENISE MARIE RAUTMANN TRUST PETITION FOR ORDER TERMINATING
12
(a Sub-Trust of The Connie Montesano Trust) APPOINTMENT OF THE GUARDIAN AD
LITEM
l3
VVVVVVVVVVVVVVVV
l4
15
DateH' H /2023
l6 Time: 0‘ A.M
Dept. S36
l7
18
Petitioner, DENISE MARIE RAUTMAN GARCIA, alleges:
19
1) Petitioner is the sole beneficiary of the Denise Marie Rautmann Trust (Sub-Trust”), a
20 Sub-Trust of The Connie Montesano Trust created under Declaration of Trust dated
21 October 4, 1993 (the “Trust") as amended. A copy ofthe Trust is on file.
22 2) On March 9, 2019, the Trust became irrevocable upon Settlor’s death.
23 3) Pursuant to Section 3.9 of the Trust, Daniel Rautmann serves as Successor Trustee of The
Trust. However, all three nominees to serve as Successor Trustee of the Sub-Trust,
24
namely, Daniel Rautmann, Anna Man'e Meyer and Linda Nocella, have declined to serve.
25
Attached as Exhibits B and incorporated herein by reference is Page 5 Section 3.9 of the
26
Trust. Exhibit C are three Declinations to Serve signed by the three nominees.
27
4) On August 18, 2021 Mr. Rautmann filed a Petition to Appoint a Successor Trustee of the
,
28
Denise Garcia Sub-Trust and to Accept the Declinations.
l
PETITION FOR ORDER TERMINATING APPOINTMENT OF THE GUARDIAN AD LITEM
5) On November 4, 2022, attorney Karin Horspool was appointed interim Trustee of the
Sub-Trust.
6) On October 31, 2022, Ms. Sheela Stark was appointed as Petitioner’s Guardian Ad Litem
in these proceedings.
7) On November 16, 2022, in her capacity as Guardian Ad Litem in these proceedings, Ms.
Stark was appointed as Petitioner’s Guardian Ad Litem in Family Law proceedings under
San Bernardino Superior Court Case No. FAMSS 2003784.
8) Petitioner now seeks the removal of Ms. Stark as her Guardian Ad Litem in both the
Trust and Family Law proceedings.
10
11
LEGAL AUTHORITY
12
A. Probate Code $1003(a)(2) provides for the appointment of a guardian ad litem for an
13 incapacitated person "if the court determines that representation 0f the interest otherwise
l4 would be inadequate."
l5 It states in relevant part:
l6 (a) The court may, on its own motion or 0n request of a personal representative, guardian,
conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a
l7
proceeding under this code to represent the interest of any of the following persons, if the
18
court determines that representation of the interest otherwise would be inadequate:
19
(1) A minor.
20
(2) A person who lacks legal capacity to make decisions.
21
(3) An unborn person.
22
(4) An unascertained person.
23
(5) A person whose identity or address is unknown.
24 (6) A designated class of persons who are not ascertained or are not in being.
25
26 B. Probate Code §15405 permits the court to appoint a guardian ad litem for a "beneficiary
27
who lacks legal capacity" in trust proceedings.
28
2
PETITION FOR ORDER TERMINATING APPOINTMENT OF THE GUARDIAN AD LITEM
Document Filed Date
February 22, 2023
Case Filing Date
August 09, 2021
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Noreen T. Fontaine, {SBN 170380} F L E [3 E LAW OFFICE OF NOREEN T. FONTAINE SUPERIOR coum 0F CALIFOHSIA 400 S. Ramona Avenue, Suite 212-N COUNZEggAfiéNmbESRpNfiRD‘N CA ' Corona, 92879 Tel: No: (951) 278-8290 Fax No: (951) 268-9454 {:Ea 22 2323 Email: noreen@attyfontaine.com Court Appointed Attorney for Denise Marie Garcia ASHA BY: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — JUSTICE CENTER In re Case No: TRUSB2100072 10 THE CONNIE M. MONTESANO TRUST ll DENISE MARIE RAUTMANN TRUST PETITION FOR ORDER TERMINATING 12 (a Sub-Trust of The Connie Montesano Trust) APPOINTMENT OF THE GUARDIAN AD LITEM l3 VVVVVVVVVVVVVVVV l4 15 DateH' H /2023 l6 Time: 0‘ A.M Dept. S36 l7 18 Petitioner, DENISE MARIE RAUTMAN GARCIA, alleges: 19 1) Petitioner is the sole beneficiary of the Denise Marie Rautmann Trust (Sub-Trust”), a 20 Sub-Trust of The Connie Montesano Trust created under Declaration of Trust dated 21 October 4, 1993 (the “Trust") as amended. A copy ofthe Trust is on file. 22 2) On March 9, 2019, the Trust became irrevocable upon Settlor’s death. 23 3) Pursuant to Section 3.9 of the Trust, Daniel Rautmann serves as Successor Trustee of The Trust. However, all three nominees to serve as Successor Trustee of the Sub-Trust, 24 namely, Daniel Rautmann, Anna Man'e Meyer and Linda Nocella, have declined to serve. 25 Attached as Exhibits B and incorporated herein by reference is Page 5 Section 3.9 of the 26 Trust. Exhibit C are three Declinations to Serve signed by the three nominees. 27 4) On August 18, 2021 Mr. Rautmann filed a Petition to Appoint a Successor Trustee of the , 28 Denise Garcia Sub-Trust and to Accept the Declinations. l PETITION FOR ORDER TERMINATING APPOINTMENT OF THE GUARDIAN AD LITEM 5) On November 4, 2022, attorney Karin Horspool was appointed interim Trustee of the Sub-Trust. 6) On October 31, 2022, Ms. Sheela Stark was appointed as Petitioner’s Guardian Ad Litem in these proceedings. 7) On November 16, 2022, in her capacity as Guardian Ad Litem in these proceedings, Ms. Stark was appointed as Petitioner’s Guardian Ad Litem in Family Law proceedings under San Bernardino Superior Court Case No. FAMSS 2003784. 8) Petitioner now seeks the removal of Ms. Stark as her Guardian Ad Litem in both the Trust and Family Law proceedings. 10 11 LEGAL AUTHORITY 12 A. Probate Code $1003(a)(2) provides for the appointment of a guardian ad litem for an 13 incapacitated person "if the court determines that representation 0f the interest otherwise l4 would be inadequate." l5 It states in relevant part: l6 (a) The court may, on its own motion or 0n request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian ad litem at any stage of a l7 proceeding under this code to represent the interest of any of the following persons, if the 18 court determines that representation of the interest otherwise would be inadequate: 19 (1) A minor. 20 (2) A person who lacks legal capacity to make decisions. 21 (3) An unborn person. 22 (4) An unascertained person. 23 (5) A person whose identity or address is unknown. 24 (6) A designated class of persons who are not ascertained or are not in being. 25 26 B. Probate Code §15405 permits the court to appoint a guardian ad litem for a "beneficiary 27 who lacks legal capacity" in trust proceedings. 28 2 PETITION FOR ORDER TERMINATING APPOINTMENT OF THE GUARDIAN AD LITEM