Preview
Co eI HN fF WN
R. Boone Callaway (#126664)
boone@callawayandwolf.com
Vadim Nebuchin (#256630)
vadim@callawayandwolf.com ee
CALLAWAY & WOLF FILED
150 Post Street, Suite 600 Superior Court of California,
San Francisco, CA 941 08 County of San Francisco
Telephone: (415) 541-0300 03/20/2018
Facsimile: (415) 777-6262 Clerk of the Court
BY: VANESSA WU
Deputy Clerk
Attorneys for Plaintiff Emmett Waldrip
IN THE SUPERIOR COURT OF UNLIMITED JURISDICTION
OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO
Emmett Waldrip, an incompetent, CASE: CGC-17-562069
by Dixie Waldrip, his conservator of the
estate, EX PARTE APPLICATION FOR
ORDER TO ISSUE SUMMONS
Plaintiff,
vs.
The City & County of San Francisco, and
Does | through 25, inclusive,
Defendants.
Date: March 20, 2018
Time: 11:00 AM
Dept.: 302
eee
COMES NOW Dixie Waldrip, and petitions the court as follows:
Pursuant to C.C.P. §412.10, Plaintiff hereby applies for an Order to Issue Summons,
This application is made on the grounds that the clerk has improperly refused to issue a
Summons.
This is a nursing malpractice case arising from an incident at San Francisco General
Hospital on or about November 27, 2016, while Plaintiff was a patient there, and was left
unattended and fell, causing Plaintiff to land on the floor, and sustain bodily injuries, including a
fractured humerus. At the time of the fall, Defendants knew that Plaintiff was at high risk for a
fall, and that Plaintiff needed additional fall risk precautions.
Dixie Waldrip was appointed Conservator of the Estate of plaintiff Emmett Waldrip on
October 26, 2017. Attached hereto as Exhibit “A” is a true and correct copy of the Order
EX PARTE APPLICATION FOR ORDER TO ISSUE SUMMONS
1Co ON DU FF WN
Appointing Probate Conservator of the Person/Estate. Attached hereto as Exhibit “B” is a true
and correct copy of the Letters of Conservatorship Person/Estate.
On November 6, 2017, the Court filed an Order on Petition for Authority to Institute
Litigation, Retain Counsel, and Enter Into Fee Agreement, a true and correct copy of which is
attached hereto as Exhibit “C.”
Plaintiff's Complaint was filed in this court on October 23, 2017, but no Summons was
issued. The clerk has refused to issue a Summons, despite multiple submissions by Plaintiff's
counsel. The clerk has insisted that a guardian ad litem is necessary, despite Emmett Waldrip’s
conservatorship.
MEMORANDUM OF POINTS & AUTHORITIES
C.C.P. §412.10 provides that “[a]fter payment of all applicable fees, the plaintiff may
have the clerk issue one or more summons for any defendant.” Here, Plaintiff paid the applicable
fees on October 23, 2017. At that time, the Clerk filed the Civil Case Cover Sheet, and
Complaint, but did not issue the Summons. Plaintiff's counsel was informed, via his paralegal
Tyler Williams, that the court would require a guardian ad litem, despite the conservatorship of
Mr. Waldrip. On February 23, 2018, Plaintiff again submitted to the Clerk a Summons to be
issued. On March 5, 2018, the Clerk refused to issue the Summons, stating in an email that the
“[s]ummons can not be issued as of yet until the Order is signed for the Guardian Ad Litem.”
However, as Plaintiff has a Conservator of his estate, no Guardian Ad Litem is required to
institute litigation. C.C.P. 372(a).
CONCLU!
Based on the foregoing, Plaintiff respectfully requests that the Court grant this Ex Parte
Application and order the clerk to issue a Summons, so that this matter may proceed.
Respectfully submitted,
Dated: 3/29 //P CALLAWAY & WOLF
By: Ze
R. Boone Callaway
Attorneys for Plaintiff
EX PARTE APPLICATION FOR ORDER TO ISSUE SUMMONS
2EXHIBIT A‘STATE BARNO: 264131
sare. CA ‘ arcooe.94104 -, 7
TELEPHONE NO: 415 496.9273 Faxwo:415 520-6881.
San Feuncizea County Superior Court
OCT 26 2017
CLERK OF THE COURT
CARLOS MUFULLO
Day Ca
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF
se oie San Francisco
ICONSERVATORSHIP OF
(name): Emmett "Lynn" Waldrip
: CONSERVATE!
ORDER ‘APPOINTING [—] SUCCESSOR oanee
PROBATE CONSERVATOR OF THE PERSON ESTATE
(J Limited Conservatorship od Oa PCN—1 7 ~304173
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
4. The petltion for appointment of [—] successor ‘ conservator came on for hearing as follows
(check boxes 0, d, @, and for g to Indicate personal presence):
4 Jitdlolal officer (name): K. STEWART
b, Hoang date: QCT 2 36h) Time: CS pe CSG Dent: a TReom:
o [X) Peltiloner (name): Dixie Wal
d. [X] Attomey for petitioner (name): lel
e eo Attorney for personolted _ [“_] the conservates on petition to appoint successor conservator:
(Name): M Cc. oo Molephoned: AAG 60), IR
\ (Address): see Hewrars | #Fey .
: Quan anne, Che 540) 0
§. CE] Person cited was present’ FV} cinable torattend, [—} able butunwiling to attend. [] out of state.
g. [1 The conservaioe on pelion to oppo uccessor conservator was [[) present. [7] not present.
THE COURT FINDS 7 soe
2. All notices required by taw have been given, 7
a Granting the conservatorship is the ieast restrictive aiternative needed for the protection of the conservatee,
4. (Name): Emmett "Lynn" Waldrip
a Ca Js unable property to provide for his or her personal needs for physical health, food, clothing, or shelter, *
b, [C) Is substantially unable to manage his or her financlal resources or to resist fraud or undue influence.
ce. [7] has voluntarily requested appointment ofa omen and good causa has been shown for the appointment. -
6. The conservatee 7 7
a. CO] Isanadutt.. ae |
b Co wil be an adult onthe effective data of ths o rd =
ce (2) lsemanied minor. . ~ :
4. [7] Isa mincr whose manlage has baen dissolved.
8. [2] ‘There Is ito form of medical treatment for which the conservates has the capacity to give an informed consent.
7 :(—) The conservatee is an adherent of a religion defined In Probate Code section 2365(b).
7. [J Grantingthe [=] successor - conservator powers to be exercised Independently under Probate Code section 2590
. is to the advantage and benefit end, In the best Interest of the conservatorship estate,
8. [__] ;The conservates cannot communicate, with or without reasonable accommodations, a desire to partlolpate In the voting
sprocess, 7 — 7 Zl
Do NOT ude this form for a femporary conservatorship, Gee : 7 Pagot of
oe a
ome Adonied i Mendey a ORDER APPOINTING PROBATE CONSERVATOR CEB ‘Probate Code, $§ 1890, 2088
Sesto en eran 16 2080) (Probate--.Guardianshipe and Gonservatorshiipe)GC-340
|CONSERVATORSHIP OF (CASE NUMBER:
a ee
CONSERVATEE|
a [C1 The conservates has dementia as defined In Probate Code section 2356.5, and the court finds all other facts required to
: make the orders specified in Item 28,
10. [J Attomey (name): has been appointed by the court as legal
+ counsel to represent the conservatee in these proceedings. The cost for representation Is: $
The conservates has the ability topay [_] all [_] none [_] aporton of this sum (speoily): $
14.(7) The conservatee need not attend the hearing,
2.0) Cn Rea pee ee AIS 55.265
30] (and canary Toned Reales ebay dt x deedn Probl Ca son
“ca ee ‘successor conservator Is a professional fiduclery as defined by Business and Professions Code section be
16.7] The (] suocessor. conservator holds a valld, unexpired, ansuspénded license as a professional fiduciary lesued by
the Professional Fiduclarles Bureau of the Catifornta Department of Consumer Affairs under ‘chapter 6 (commencing with
‘section 6500) of division 3 of the Business and Professions Code, 7
. _ Ucense no,: Iesuance or last renewal date: 7 Explration date:
16. (Eliher 2, b, or o must be checked): lo 7 : .
a.) The (7) successor conservator is nol the spouse of the conservates, ao
b, The successor conservator is the spouse of the conservatee and [s not a party to an action or proceeding
@ ee eee for tegal separation, dissolution, annulment, or adjudication of ‘ullily of thelr marriage.
« (J The () successor conservators the spouse of the conservatee and Is a party to an action or proceeding against
the conservatee for lega! separation, dissolution, annulment, or adjudication of nullity of thelr marriage,
[Us In the best Interest of the conservatee to eppolit the spouse as [—] successor conservator.
17. (Eliher 9, b, or c must be checked): ;
a, (XJ The [—] successor conservator's riot the domestic parinei’or fornier domesile pariner of the conservatee,
b, [) The [7] successor conservators the domestic ‘the congervatee and has nelther terminated nor
* intends to terminate their domestic ir 1 Be ELE
0, [7] The [—_] successor “conservator is the dqniastic partner or former domestlo partrier of the conservatee and Intends
to tetminate or has terminated their domestic partnership, .It 6 In the best Interest of the conservatee to appoint the
domestlo partner or former domestic partner as “[__]'sticcessor conservator,
THE COURT ORDERS : :
18. a. (Name): Dixie Waldrip a Pas {Telephone):415 652-0671
‘(Addrass):401 Lake Street,Apt, 103 - Sts
San Francisco, CA941 18-1327 Beer eee Reee| :
ts oppointed[—] successor [X_} conservator [—] (Imited conservator’ ofthe PERSON of (name): o
Emmett “Lynn" Waldtip © . ane Letlore of Conservato‘ship shell issue upon uallfication,
b, (Name): Dixle Waldiip * : noe +" Telephone): 415: 1
(Address): 401 Lake Street, Apt, 103
: San Francisco, CA94118-1327 Cee Eee : :
Is appointed [_] successor [XJ conservator (—] limited conservator of the ESTATE of (name):
* Emmett “Waldip oe . ts 9+" and Letters of Conservatorship shall (este upon qualification.
19. The conservatee need not attend the hearing: © ve 1 7 . 7
20, @. (X-) Bond fs not required, PEP CP EE ese eee
b, £] Bond is fixed at: $ to be fumished by an authorized surety company or as otherwise provided by law.
oP deposiisok $ ‘are ordered to be placed In a blocked account at (specify Institution and locatfon):
and recelpts shell bo fled, No withdrawals shall be wiade without a court order,
([) Additional orders in atiachment 200,
GCS. January 18, 2088) "ORDER APPOINTING PROBATE CONSERVATOR CEB Foaeere
{(Probate—Guardlanships and Conservatorships){ {
‘ {
GC-340
[CONSERVATORSHIP OF ‘CASE NUMBER: :
(name): Emmett "Lynn" Waldrip
CONSERVATEE
20. (cont)
d, [—] The ["_] successor conservator le not authorized o lake possession of money or any oer property
without a specific court order,
21, ra For legal servicea rendered, (1 conservatee [“] conservates's estate shall pay the sum of: $
forthwith [=] as follows (specify terms, including any combination of payors):
(1) Continued in attachment 21.
22, ((_) The conservatse Is disqualified from voting. i
23. (XJ The conservatee lacks the capacity to give Informed consent for medical treatment andthe Cc successor
conservator of the person is granted the powérs specifted in Probate Code section 2365, .
{1 The treatment shall be performed by an accredited practitioner of a sellgion as defined In Probate Gade f
section 2365(b).
24.) The [_] successor conservator of the estate Is granled authorization under Probate Code section 2680 to exercise
Independently the powers specified In attachment 24 Subject to the conditions provided,
26.) Orders relating to the eapacky of the conservatee under Probate Code sections 1873 or 1901 as specified Inatachment 25
ere granted.
26.7] Orde ean tho powar and clos of ho {[] successor conservator of the person under Probate Code
lons 2351-2358 as specified In attachment 26 are granted. (Do nat include orders under Probate Code section 2356.6
votang fo domenta}
27. (_} Orders relating to the conditions imposed under Probate Code section 24020n the [__] successer conservator
of the estate as specified In attachment 27 are granted.
28.(C] a. {7} The [7] successor. conservator of the person Is granted authority to place the conservatee in a care or
nurelng facliify described In Probate Code section 2358.6(b).
(1) successor conservator of the person Is granted authority to authorize the administration of
‘The
» ane ‘appropriate for the care and treatment of dementia described In Probate Code sectlon 2356,6(c),
29, [3]. Other orders 28 specified in attachment 29 are granted. :
30, ((X] The probate referee appoinied Is (name end addres): *
31.[(2] (For imited conservatorship only) Orders relating to the powors anid duties of the (C—] successor
limited conservator of the person under Probate Codg seption 2351. 6 as specifiad in attachment 31 are granted,
32.07). (For limited conservatorship only) Orders relating to the powers and duties of the () successor
Umited ‘conservator of the estate under Probate Code sectlon 1830(b) as specified In attachment 32 are granted,
33.[_] (For iimited conservatorship only) Orders limiting the civil and. legal rights of the limited conservatee as specified In.
attachment 33 are granted.
34.07) This order ts effective on the (ED data signe « [7 dete minor tans neorty (specify):
35, Number of boxes cheokad in items 18-94: 4, if w
36, Number of pages attached: Ld
Date:
: Me > 7 JUDIGIAL OFFICER
om onarunerouowe ABT ATEARHRAET
bow
(GC-S40 (Rev. Jaruvy 18,2016) 7 ORDER APPORTING PROBATE CONSERVATOR ' CEB Page 3 of3
**(Probato—Guardlanships and Consorvatorships):
oesOrder Appointing Probate Conservator
Emmett “Lynn” Waldrip
ttachment 29
The power to sign applications and documents pertaining to public benefits on behalf of the
conservatee, :
ete
Judicial Officer
K Srynatuu foes. [at
Date:
Petition for Appointment of Conservator ~ Attachment . Page 1 of 1Case No. PCN-17-301173 Conservatorship of: Emmett Lynn Waldrip
ATTACHMENT TO ORDER APPOINTING CONSERVATOR OF THE PERSON/ESTATE
IT IS FURTHER ORDERED THAT:
1. A status hearing is set for February 07, 2018 at 9:00 a.m. in Dept. 204 for
compliance with the following additional Orders of the Court:
a. Proof of Service of the mailing of the Order Appointing Conservator and of
the Notice of Conservatee's Rights shall be filed 30 days from the date of this
order. (PC §1830)
b, (1) The General Plan shall be filed 60 days from the date of this order.
(2) Determination of Conservatee’s Appropriate Level of Care shall be
filed 60 days from the date of this order. (PC §2352.5)
c The Assessment fee for court investigation(s) is
_ X_ $800 for general petitions.
Fee shall be paid within 90 days of this order.
Feeis_X__deferred___ waived.
d. Within 90 days of the date of this order, the Conservator shall have filed
the following documents:
(1) The Inventory and Appraisal with proof of mailing of the Inventory
and Appraisal or Order Dispensing with Mailing. (PC §2610)
(2) Proof of Mailing of notice of how to file an objection to the Inventory
and Appraisal. (PC §2614)
(3) Proof of recording of Letters of Conservatorship if the estate
includes real property. (PC §2313)
2. If the Conservator determines at any time that bond is not sufficient while
marshalling Conservatorship assets, the Conservator shall immediately file an ex
parte petition and order to increase the bond. The additional bond shall be filed
immediately upon receipt of the order increasing the bond. (C.R.C. §§7.204 — 7.207)
3. The Conservator shall have attended the conservatorship class and the
Certificate of Completion of the class shall be filed by April 30, 2018.
4. The First Account and/or Status Report shall be filed one week before January
02, 2019.
5. The Conservator shall obtain the conservatorship handbook from
http:/www.courts.ca.gov/documents/handbook.paf.
If any of the required filings have not been made, counsel and the Conservator must
appear at the Status Hearing on the date and time set forth above to explain why the
documents were not filed. If any filings have not been made and counsel and/or the
Conservator fail to appear at the Status Hearing, an Order will Issue for counsel and/or the
Conservator appear in court to explain the failure to comply with this Order.
JOHN K. STEWART
Dated: October 26, 2017
Judge John K. StewartEXHIBIT B| Mercy L. Hall, HALL LAW FIRMPC.
57 Post Street, Suite 903
San Francisco,CA94104
texto: 415 496-9273 FAXNO. (optona): 415 520-6881
EsMAIL ADDRESS (optioned): \excyhall.com.
ATTORNEY FOR (tome): Dixie Waldrip, Petitioner
| SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aboress: 400 McAllister Street
MAILING ADDRESS: Same
lorry AND IP cove: San Francisco
CONSERVATORSHIP OF jnanel
/Eramett "Lynn Waldrip CONSERVATEE PCN-17-301173
LETTERS OF CONSERVATORSHIP
Ge] Person Gc] Estate [7] Limited Conservatorship oe
. (Name): Dixie Waldri Is the appointed YDORSED
Gd conservator ca limited conservator ofthe [X ] person [x_] estate sun Frormatsen Clon in en —_
of (name): Emmett Tmn Wi Weld
2. (J (For conservatorship mber 31, 1980, a guardianship of an adult or of
the person of a married minor) (Name):
ee appointed the guardian ofthe [] person [__] estale by order dated
(specily): and Is now the conservator of the [__] person
SS estate of (name): BY:
3. (GJ Other powers have been granted or conditions Imposed as follows:
a, [_) Exclusive authority to give consent for and to require the conservatee to receive
medical treatment that the conservator In good falth based on medical advice
determines to be necessary even If the conservatee objects, subject to the limitations
stated in Probate Code secllon 2356,
(1) (=) This treatment shall be performed by an accredited practitioner of the religion whose tenels and practices call
for rallance on prayer alone for healing of which the conservatee was an adherent prior to the establishment of
the conservatorship.
(2) [3 (if court order mits duration) This medical authority terminates on (date):
b. [_) Authority to place the conservalee in a care or nursing facility described In Probate Code section 2356.5(b).
c. [x] Authority to authorize the administration of medications appropriate for the care and treatment of dementia described In
Probate Code section 2356.5(c).
d. {"_] Powers to be exercised independently under Probate Code sectlon 2590 are specified in Attachment 3d (specify powers,
restrictions, conditions, and limitations).
e. [_] Conditions relating to the care and custody of property under Probate Code section 2402 are specified in Attachment 3e.
f. [_] Conditions relating to the care, treatment, educatlon, and welfare of the conservatee under Probate Code section 2368
are specified In Attachment 3f.
g. {_) (For limited conservatorship only) Powers of the limited conservator of the person under Probate Code section 2351.5 are
specified In Attachment 3g.
h. [) For imited conservatorship only) Powers of the limited conservator of the estate under Probate Code section 1830(b) are
specified in Attachment 3h.
|. (4) Other powers granted or conditions imposed are specified In Attachment 31.
4. [] The conservator Is not authorized to take possession of money or any other property without a
‘specific court order.
§. Number of pages attached:
ee clark ers aut if seal of the court affixed.
Clerk, by
OCT 26 2017
(OURT
Gano 2S MUEULLO
» Deputy
Paget of2
‘This form may be recorded as notice of the establishment of a conservatorship ofthe estate os provided in Probate Code § 1875.
oun Adepedfer Mandatory Use LETTERS OF CONSERVATORSHIP pee reaeane
e
‘GC-350 (Rev. July 1, 2016) (Probate—Guardlanships and Conservatorships) CEB Code of Cll Procedure, § 2016.8
wine coutacegeyGC-350
CONSERVATORSHIP OF (namo): elniacle
"Lynn" ‘1
‘ oe CONSERVATEE PCN-17-301173
NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS
(Probate Code sections 2890-2893)
‘When these Letters of Conservatorship (Letters) are delivered to you as an employee or other representallve of an institution or
financial institution (described below) In order for the conservator of the estate (1) to take possession or control of an asset of the
conservatee named above held by your insiltutlon (Including changing title, withdrawing all or any portion of the asset, or transferring all
or any portion of the asset) or (2) to open or change the name of an account or a safe-depostt box in your financial institutfon to reflect
the conservatorship, you must fill out Judiclal Counci form GC-050 (for an Institution) or form GC-051 (for a financial institution). An
officer: ‘authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the
court.
There Is no filing fee for filing the form. You may elther arrange for personel delivery of the form or mall it to the court for filing at the
address given for the court on page 1 of these Letters.
The conservator should defiver a blank copy of the appropriate form to you with these Letters, but itis your Institution's or financial
institution's responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If
the corract form Is not delivered with these Letters or Is unavailable for any other reason, blank copies of the forms may be obtained
from the court. The forms may also be accessed from the judicial branch's public Web site free of charge. The Intemet address (URL) Is
www.courts.ca.gov/orms/, Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050 for
an Institution or form GC-051 for a financlel institution. The forms may be printed out as blank forms and filled in by typewriter or may be
filled out onfine and printed out ready for signature and filing.
Aninsiltution under California Probate Code section 2890(c) is an Insurance company, agent, or broker; an investment company; an
Investment bank; a securities broker-dealer, an investment advisor, a financlal planner; a financial advisor, or any other person who
takes, holds, or controls an asset subject fo a conservatorship or guardianship other than a financial institution. Institutions must file a
Notice of Taking Possession or Control of an Asset of Minor or Conservates (form GC-050) for an asset of the conservatee held by the
Institution, A single form may be filed for all affected assets held by the institution.
A financial institution under Califomla Probate Code section 2892(b) Is a bank, a trust, a savings and loan association, a savings bank,
an Industrial bank, or a credit union, Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship
Account or Safe-Deposit Box (form GC-051) for an account or a safe-deposit box held by the financial institution. A single form may be
filed for all affected accounts or safe-deposit boxes held by the financial Institutlon.
LETTERS OF CONSERVATORSHIP
AFFIRMATION
{ solemnly affirm that | will perform according to law the duties of [X_] conservator [__] limited conservator.
Executed on (datos: VO(2O|ZOLT at race): am Frowse
Dixie Waldrip
(TYPE OR PRINT NAME) {SIGNATURE OF ,
CERTIFICATION
| cerlify that this document, including any attachments, is a correct copy of the original on file In my office, and that the Letters Issued to
the person appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.
Date:
Clerk, by 0, Deputy
60-080 Rav. sey 1.2018) LETTERS OF CONSERVATORSHIP CEB’ Page not
(Probate—Guardianships and Conservatorships)Letters of Conservatorship
Emmett “Lynn” Waldrip
ttachment 3i
The power to sign applications and documents pertaining to public benefits on behalf of the
Conservatee,
Letters of Conservatorship — AttachmentPage 1 of 1EXHIBIT Cwo oN DH PR WD
10
en HALL SBN 264131 : ENDORSED
avE Post Street. Suite 903 a ED
He Siete es
Tephone B38 NOY 06 2017
Attorneys for Petitioner: CLERK OF THE COURT
DIXIE WALDRIP, Proposed By: JACQUELINE ALAMEDA __
Deputy Clerk
Conservator
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
In re CONSERVATORSHIP OF THE CASE NO.: PCN-17-301173
PERSON AND ESTATE OF
ORDER ON PETITION FOR
AUTHORITY TO INSTITUTE
LITIGATION UNDER PROBE
)
)
)
EMMETT “LYNN” WALDRIP. )
)
) -$956) RETAIN COUNSEL, AND
)
)
)
)
)
ENTER INTO FEE AGREEMENT
(PROB C §2403)
DATE: October 24, 2017
TIME: 9:00 AM
DEPT: 204
The Petition for Authority To Institute Litigation Under Prob C §850,
Retain Counsel, And Enter Into Fee Agreement (PROB C §2403) by Petitioner,
DIXIE WALDRIP, proposed Conservator of the Person and Estate of EMMETT
“LYNN” WALDRIP, came on:regularly for hearing on this date, in the Probate
Department of the above-entitled court before the Honorable PETER BUSCH.
MERCY L. HALL appeared on behalf of Petitioner DIXIE WALDRIP.
ele
ORDER ON PETITION FOR AUTHORITY TO INSTITUTE LITIGATION UNDER PROB C $850, RETAIN COUNSEL, AND ENTER
FEE AGREEMENT (PROB C $2403)
CONSERVATORSHIP OF EMMETT LYNN" WALDRIP
&Good cause appearing, and proof having been submitted to the satisfaction
of this Court,
THIS COURT:
1. Finds that all notices have been given as required by law;
2. Authorizes Petitioner to retain attorney BOONE CALLAWAY to
represent EMMETT “LYNN” WALDRIP with regard to the proposed
litigation; and
3. Authorizes a to enter into the e fee ¢ agregment attached tof. 4
Petition Jeet te Ane ug
der | as Exhibit A 4 [Payment of attomey’s fees and costs to BOONE
CALLAWAY shall not be made without prior Court approval.b on ve
ated moyen Sudan Sess ak costs au. reavo :
ITIS SO ORDERED.
Dated:__ {\/6 /ou8l Fe
PETER J. BUSCH
2
ORDER ON PETITION FOR AUTHORITY TO INSTITUTE LITIGATION UNDER PROB C §850, RETAIN COUNSEL, AND ENTER
INTO FEE AGREEMENT (PROB C§2403)
CONSERVATORSHIP OF EMMETT “LYNN” WALDRIP
Preview
Co eI HN fF WN R. Boone Callaway (#126664) boone@callawayandwolf.com Vadim Nebuchin (#256630) vadim@callawayandwolf.com ee CALLAWAY & WOLF FILED 150 Post Street, Suite 600 Superior Court of California, San Francisco, CA 941 08 County of San Francisco Telephone: (415) 541-0300 03/20/2018 Facsimile: (415) 777-6262 Clerk of the Court BY: VANESSA WU Deputy Clerk Attorneys for Plaintiff Emmett Waldrip IN THE SUPERIOR COURT OF UNLIMITED JURISDICTION OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO Emmett Waldrip, an incompetent, CASE: CGC-17-562069 by Dixie Waldrip, his conservator of the estate, EX PARTE APPLICATION FOR ORDER TO ISSUE SUMMONS Plaintiff, vs. The City & County of San Francisco, and Does | through 25, inclusive, Defendants. Date: March 20, 2018 Time: 11:00 AM Dept.: 302 eee COMES NOW Dixie Waldrip, and petitions the court as follows: Pursuant to C.C.P. §412.10, Plaintiff hereby applies for an Order to Issue Summons, This application is made on the grounds that the clerk has improperly refused to issue a Summons. This is a nursing malpractice case arising from an incident at San Francisco General Hospital on or about November 27, 2016, while Plaintiff was a patient there, and was left unattended and fell, causing Plaintiff to land on the floor, and sustain bodily injuries, including a fractured humerus. At the time of the fall, Defendants knew that Plaintiff was at high risk for a fall, and that Plaintiff needed additional fall risk precautions. Dixie Waldrip was appointed Conservator of the Estate of plaintiff Emmett Waldrip on October 26, 2017. Attached hereto as Exhibit “A” is a true and correct copy of the Order EX PARTE APPLICATION FOR ORDER TO ISSUE SUMMONS 1Co ON DU FF WN Appointing Probate Conservator of the Person/Estate. Attached hereto as Exhibit “B” is a true and correct copy of the Letters of Conservatorship Person/Estate. On November 6, 2017, the Court filed an Order on Petition for Authority to Institute Litigation, Retain Counsel, and Enter Into Fee Agreement, a true and correct copy of which is attached hereto as Exhibit “C.” Plaintiff's Complaint was filed in this court on October 23, 2017, but no Summons was issued. The clerk has refused to issue a Summons, despite multiple submissions by Plaintiff's counsel. The clerk has insisted that a guardian ad litem is necessary, despite Emmett Waldrip’s conservatorship. MEMORANDUM OF POINTS & AUTHORITIES C.C.P. §412.10 provides that “[a]fter payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant.” Here, Plaintiff paid the applicable fees on October 23, 2017. At that time, the Clerk filed the Civil Case Cover Sheet, and Complaint, but did not issue the Summons. Plaintiff's counsel was informed, via his paralegal Tyler Williams, that the court would require a guardian ad litem, despite the conservatorship of Mr. Waldrip. On February 23, 2018, Plaintiff again submitted to the Clerk a Summons to be issued. On March 5, 2018, the Clerk refused to issue the Summons, stating in an email that the “[s]ummons can not be issued as of yet until the Order is signed for the Guardian Ad Litem.” However, as Plaintiff has a Conservator of his estate, no Guardian Ad Litem is required to institute litigation. C.C.P. 372(a). CONCLU! Based on the foregoing, Plaintiff respectfully requests that the Court grant this Ex Parte Application and order the clerk to issue a Summons, so that this matter may proceed. Respectfully submitted, Dated: 3/29 //P CALLAWAY & WOLF By: Ze R. Boone Callaway Attorneys for Plaintiff EX PARTE APPLICATION FOR ORDER TO ISSUE SUMMONS 2EXHIBIT A‘STATE BARNO: 264131 sare. CA ‘ arcooe.94104 -, 7 TELEPHONE NO: 415 496.9273 Faxwo:415 520-6881. San Feuncizea County Superior Court OCT 26 2017 CLERK OF THE COURT CARLOS MUFULLO Day Ca [SUPERIOR COURT OF CALIFORNIA, COUNTY OF se oie San Francisco ICONSERVATORSHIP OF (name): Emmett "Lynn" Waldrip : CONSERVATE! ORDER ‘APPOINTING [—] SUCCESSOR oanee PROBATE CONSERVATOR OF THE PERSON ESTATE (J Limited Conservatorship od Oa PCN—1 7 ~304173 WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED. 4. The petltion for appointment of [—] successor ‘ conservator came on for hearing as follows (check boxes 0, d, @, and for g to Indicate personal presence): 4 Jitdlolal officer (name): K. STEWART b, Hoang date: QCT 2 36h) Time: CS pe CSG Dent: a TReom: o [X) Peltiloner (name): Dixie Wal d. [X] Attomey for petitioner (name): lel e eo Attorney for personolted _ [“_] the conservates on petition to appoint successor conservator: (Name): M Cc. oo Molephoned: AAG 60), IR \ (Address): see Hewrars | #Fey . : Quan anne, Che 540) 0 §. CE] Person cited was present’ FV} cinable torattend, [—} able butunwiling to attend. [] out of state. g. [1 The conservaioe on pelion to oppo uccessor conservator was [[) present. [7] not present. THE COURT FINDS 7 soe 2. All notices required by taw have been given, 7 a Granting the conservatorship is the ieast restrictive aiternative needed for the protection of the conservatee, 4. (Name): Emmett "Lynn" Waldrip a Ca Js unable property to provide for his or her personal needs for physical health, food, clothing, or shelter, * b, [C) Is substantially unable to manage his or her financlal resources or to resist fraud or undue influence. ce. [7] has voluntarily requested appointment ofa omen and good causa has been shown for the appointment. - 6. The conservatee 7 7 a. CO] Isanadutt.. ae | b Co wil be an adult onthe effective data of ths o rd = ce (2) lsemanied minor. . ~ : 4. [7] Isa mincr whose manlage has baen dissolved. 8. [2] ‘There Is ito form of medical treatment for which the conservates has the capacity to give an informed consent. 7 :(—) The conservatee is an adherent of a religion defined In Probate Code section 2365(b). 7. [J Grantingthe [=] successor - conservator powers to be exercised Independently under Probate Code section 2590 . is to the advantage and benefit end, In the best Interest of the conservatorship estate, 8. [__] ;The conservates cannot communicate, with or without reasonable accommodations, a desire to partlolpate In the voting sprocess, 7 — 7 Zl Do NOT ude this form for a femporary conservatorship, Gee : 7 Pagot of oe a ome Adonied i Mendey a ORDER APPOINTING PROBATE CONSERVATOR CEB ‘Probate Code, $§ 1890, 2088 Sesto en eran 16 2080) (Probate--.Guardianshipe and Gonservatorshiipe)GC-340 |CONSERVATORSHIP OF (CASE NUMBER: a ee CONSERVATEE| a [C1 The conservates has dementia as defined In Probate Code section 2356.5, and the court finds all other facts required to : make the orders specified in Item 28, 10. [J Attomey (name): has been appointed by the court as legal + counsel to represent the conservatee in these proceedings. The cost for representation Is: $ The conservates has the ability topay [_] all [_] none [_] aporton of this sum (speoily): $ 14.(7) The conservatee need not attend the hearing, 2.0) Cn Rea pee ee AIS 55.265 30] (and canary Toned Reales ebay dt x deedn Probl Ca son “ca ee ‘successor conservator Is a professional fiduclery as defined by Business and Professions Code section be 16.7] The (] suocessor. conservator holds a valld, unexpired, ansuspénded license as a professional fiduciary lesued by the Professional Fiduclarles Bureau of the Catifornta Department of Consumer Affairs under ‘chapter 6 (commencing with ‘section 6500) of division 3 of the Business and Professions Code, 7 . _ Ucense no,: Iesuance or last renewal date: 7 Explration date: 16. (Eliher 2, b, or o must be checked): lo 7 : . a.) The (7) successor conservator is nol the spouse of the conservates, ao b, The successor conservator is the spouse of the conservatee and [s not a party to an action or proceeding @ ee eee for tegal separation, dissolution, annulment, or adjudication of ‘ullily of thelr marriage. « (J The () successor conservators the spouse of the conservatee and Is a party to an action or proceeding against the conservatee for lega! separation, dissolution, annulment, or adjudication of nullity of thelr marriage, [Us In the best Interest of the conservatee to eppolit the spouse as [—] successor conservator. 17. (Eliher 9, b, or c must be checked): ; a, (XJ The [—] successor conservator's riot the domestic parinei’or fornier domesile pariner of the conservatee, b, [) The [7] successor conservators the domestic ‘the congervatee and has nelther terminated nor * intends to terminate their domestic ir 1 Be ELE 0, [7] The [—_] successor “conservator is the dqniastic partner or former domestlo partrier of the conservatee and Intends to tetminate or has terminated their domestic partnership, .It 6 In the best Interest of the conservatee to appoint the domestlo partner or former domestic partner as “[__]'sticcessor conservator, THE COURT ORDERS : : 18. a. (Name): Dixie Waldrip a Pas {Telephone):415 652-0671 ‘(Addrass):401 Lake Street,Apt, 103 - Sts San Francisco, CA941 18-1327 Beer eee Reee| : ts oppointed[—] successor [X_} conservator [—] (Imited conservator’ ofthe PERSON of (name): o Emmett “Lynn" Waldtip © . ane Letlore of Conservato‘ship shell issue upon uallfication, b, (Name): Dixle Waldiip * : noe +" Telephone): 415: 1 (Address): 401 Lake Street, Apt, 103 : San Francisco, CA94118-1327 Cee Eee : : Is appointed [_] successor [XJ conservator (—] limited conservator of the ESTATE of (name): * Emmett “Waldip oe . ts 9+" and Letters of Conservatorship shall (este upon qualification. 19. The conservatee need not attend the hearing: © ve 1 7 . 7 20, @. (X-) Bond fs not required, PEP CP EE ese eee b, £] Bond is fixed at: $ to be fumished by an authorized surety company or as otherwise provided by law. oP deposiisok $ ‘are ordered to be placed In a blocked account at (specify Institution and locatfon): and recelpts shell bo fled, No withdrawals shall be wiade without a court order, ([) Additional orders in atiachment 200, GCS. January 18, 2088) "ORDER APPOINTING PROBATE CONSERVATOR CEB Foaeere {(Probate—Guardlanships and Conservatorships){ { ‘ { GC-340 [CONSERVATORSHIP OF ‘CASE NUMBER: : (name): Emmett "Lynn" Waldrip CONSERVATEE 20. (cont) d, [—] The ["_] successor conservator le not authorized o lake possession of money or any oer property without a specific court order, 21, ra For legal servicea rendered, (1 conservatee [“] conservates's estate shall pay the sum of: $ forthwith [=] as follows (specify terms, including any combination of payors): (1) Continued in attachment 21. 22, ((_) The conservatse Is disqualified from voting. i 23. (XJ The conservatee lacks the capacity to give Informed consent for medical treatment andthe Cc successor conservator of the person is granted the powérs specifted in Probate Code section 2365, . {1 The treatment shall be performed by an accredited practitioner of a sellgion as defined In Probate Gade f section 2365(b). 24.) The [_] successor conservator of the estate Is granled authorization under Probate Code section 2680 to exercise Independently the powers specified In attachment 24 Subject to the conditions provided, 26.) Orders relating to the eapacky of the conservatee under Probate Code sections 1873 or 1901 as specified Inatachment 25 ere granted. 26.7] Orde ean tho powar and clos of ho {[] successor conservator of the person under Probate Code lons 2351-2358 as specified In attachment 26 are granted. (Do nat include orders under Probate Code section 2356.6 votang fo domenta} 27. (_} Orders relating to the conditions imposed under Probate Code section 24020n the [__] successer conservator of the estate as specified In attachment 27 are granted. 28.(C] a. {7} The [7] successor. conservator of the person Is granted authority to place the conservatee in a care or nurelng facliify described In Probate Code section 2358.6(b). (1) successor conservator of the person Is granted authority to authorize the administration of ‘The » ane ‘appropriate for the care and treatment of dementia described In Probate Code sectlon 2356,6(c), 29, [3]. Other orders 28 specified in attachment 29 are granted. : 30, ((X] The probate referee appoinied Is (name end addres): * 31.[(2] (For imited conservatorship only) Orders relating to the powors anid duties of the (C—] successor limited conservator of the person under Probate Codg seption 2351. 6 as specifiad in attachment 31 are granted, 32.07). (For limited conservatorship only) Orders relating to the powers and duties of the () successor Umited ‘conservator of the estate under Probate Code sectlon 1830(b) as specified In attachment 32 are granted, 33.[_] (For iimited conservatorship only) Orders limiting the civil and. legal rights of the limited conservatee as specified In. attachment 33 are granted. 34.07) This order ts effective on the (ED data signe « [7 dete minor tans neorty (specify): 35, Number of boxes cheokad in items 18-94: 4, if w 36, Number of pages attached: Ld Date: : Me > 7 JUDIGIAL OFFICER om onarunerouowe ABT ATEARHRAET bow (GC-S40 (Rev. Jaruvy 18,2016) 7 ORDER APPORTING PROBATE CONSERVATOR ' CEB Page 3 of3 **(Probato—Guardlanships and Consorvatorships): oesOrder Appointing Probate Conservator Emmett “Lynn” Waldrip ttachment 29 The power to sign applications and documents pertaining to public benefits on behalf of the conservatee, : ete Judicial Officer K Srynatuu foes. [at Date: Petition for Appointment of Conservator ~ Attachment . Page 1 of 1Case No. PCN-17-301173 Conservatorship of: Emmett Lynn Waldrip ATTACHMENT TO ORDER APPOINTING CONSERVATOR OF THE PERSON/ESTATE IT IS FURTHER ORDERED THAT: 1. A status hearing is set for February 07, 2018 at 9:00 a.m. in Dept. 204 for compliance with the following additional Orders of the Court: a. Proof of Service of the mailing of the Order Appointing Conservator and of the Notice of Conservatee's Rights shall be filed 30 days from the date of this order. (PC §1830) b, (1) The General Plan shall be filed 60 days from the date of this order. (2) Determination of Conservatee’s Appropriate Level of Care shall be filed 60 days from the date of this order. (PC §2352.5) c The Assessment fee for court investigation(s) is _ X_ $800 for general petitions. Fee shall be paid within 90 days of this order. Feeis_X__deferred___ waived. d. Within 90 days of the date of this order, the Conservator shall have filed the following documents: (1) The Inventory and Appraisal with proof of mailing of the Inventory and Appraisal or Order Dispensing with Mailing. (PC §2610) (2) Proof of Mailing of notice of how to file an objection to the Inventory and Appraisal. (PC §2614) (3) Proof of recording of Letters of Conservatorship if the estate includes real property. (PC §2313) 2. If the Conservator determines at any time that bond is not sufficient while marshalling Conservatorship assets, the Conservator shall immediately file an ex parte petition and order to increase the bond. The additional bond shall be filed immediately upon receipt of the order increasing the bond. (C.R.C. §§7.204 — 7.207) 3. The Conservator shall have attended the conservatorship class and the Certificate of Completion of the class shall be filed by April 30, 2018. 4. The First Account and/or Status Report shall be filed one week before January 02, 2019. 5. The Conservator shall obtain the conservatorship handbook from http:/www.courts.ca.gov/documents/handbook.paf. If any of the required filings have not been made, counsel and the Conservator must appear at the Status Hearing on the date and time set forth above to explain why the documents were not filed. If any filings have not been made and counsel and/or the Conservator fail to appear at the Status Hearing, an Order will Issue for counsel and/or the Conservator appear in court to explain the failure to comply with this Order. JOHN K. STEWART Dated: October 26, 2017 Judge John K. StewartEXHIBIT B| Mercy L. Hall, HALL LAW FIRMPC. 57 Post Street, Suite 903 San Francisco,CA94104 texto: 415 496-9273 FAXNO. (optona): 415 520-6881 EsMAIL ADDRESS (optioned): \excyhall.com. ATTORNEY FOR (tome): Dixie Waldrip, Petitioner | SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aboress: 400 McAllister Street MAILING ADDRESS: Same lorry AND IP cove: San Francisco CONSERVATORSHIP OF jnanel /Eramett "Lynn Waldrip CONSERVATEE PCN-17-301173 LETTERS OF CONSERVATORSHIP Ge] Person Gc] Estate [7] Limited Conservatorship oe . (Name): Dixie Waldri Is the appointed YDORSED Gd conservator ca limited conservator ofthe [X ] person [x_] estate sun Frormatsen Clon in en —_ of (name): Emmett Tmn Wi Weld 2. (J (For conservatorship mber 31, 1980, a guardianship of an adult or of the person of a married minor) (Name): ee appointed the guardian ofthe [] person [__] estale by order dated (specily): and Is now the conservator of the [__] person SS estate of (name): BY: 3. (GJ Other powers have been granted or conditions Imposed as follows: a, [_) Exclusive authority to give consent for and to require the conservatee to receive medical treatment that the conservator In good falth based on medical advice determines to be necessary even If the conservatee objects, subject to the limitations stated in Probate Code secllon 2356, (1) (=) This treatment shall be performed by an accredited practitioner of the religion whose tenels and practices call for rallance on prayer alone for healing of which the conservatee was an adherent prior to the establishment of the conservatorship. (2) [3 (if court order mits duration) This medical authority terminates on (date): b. [_) Authority to place the conservalee in a care or nursing facility described In Probate Code section 2356.5(b). c. [x] Authority to authorize the administration of medications appropriate for the care and treatment of dementia described In Probate Code section 2356.5(c). d. {"_] Powers to be exercised independently under Probate Code sectlon 2590 are specified in Attachment 3d (specify powers, restrictions, conditions, and limitations). e. [_] Conditions relating to the care and custody of property under Probate Code section 2402 are specified in Attachment 3e. f. [_] Conditions relating to the care, treatment, educatlon, and welfare of the conservatee under Probate Code section 2368 are specified In Attachment 3f. g. {_) (For limited conservatorship only) Powers of the limited conservator of the person under Probate Code section 2351.5 are specified In Attachment 3g. h. [) For imited conservatorship only) Powers of the limited conservator of the estate under Probate Code section 1830(b) are specified in Attachment 3h. |. (4) Other powers granted or conditions imposed are specified In Attachment 31. 4. [] The conservator Is not authorized to take possession of money or any other property without a ‘specific court order. §. Number of pages attached: ee clark ers aut if seal of the court affixed. Clerk, by OCT 26 2017 (OURT Gano 2S MUEULLO » Deputy Paget of2 ‘This form may be recorded as notice of the establishment of a conservatorship ofthe estate os provided in Probate Code § 1875. oun Adepedfer Mandatory Use LETTERS OF CONSERVATORSHIP pee reaeane e ‘GC-350 (Rev. July 1, 2016) (Probate—Guardlanships and Conservatorships) CEB Code of Cll Procedure, § 2016.8 wine coutacegeyGC-350 CONSERVATORSHIP OF (namo): elniacle "Lynn" ‘1 ‘ oe CONSERVATEE PCN-17-301173 NOTICE TO INSTITUTIONS AND FINANCIAL INSTITUTIONS (Probate Code sections 2890-2893) ‘When these Letters of Conservatorship (Letters) are delivered to you as an employee or other representallve of an institution or financial institution (described below) In order for the conservator of the estate (1) to take possession or control of an asset of the conservatee named above held by your insiltutlon (Including changing title, withdrawing all or any portion of the asset, or transferring all or any portion of the asset) or (2) to open or change the name of an account or a safe-depostt box in your financial institutfon to reflect the conservatorship, you must fill out Judiclal Counci form GC-050 (for an Institution) or form GC-051 (for a financial institution). An officer: ‘authorized by your institution or financial institution must date and sign the form, and you must file the completed form with the court. There Is no filing fee for filing the form. You may elther arrange for personel delivery of the form or mall it to the court for filing at the address given for the court on page 1 of these Letters. The conservator should defiver a blank copy of the appropriate form to you with these Letters, but itis your Institution's or financial institution's responsibility to complete the correct form, have an authorized officer sign it, and file the completed form with the court. If the corract form Is not delivered with these Letters or Is unavailable for any other reason, blank copies of the forms may be obtained from the court. The forms may also be accessed from the judicial branch's public Web site free of charge. The Intemet address (URL) Is www.courts.ca.gov/orms/, Select the form group Probate—Guardianships and Conservatorships and scroll down to form GC-050 for an Institution or form GC-051 for a financlel institution. The forms may be printed out as blank forms and filled in by typewriter or may be filled out onfine and printed out ready for signature and filing. Aninsiltution under California Probate Code section 2890(c) is an Insurance company, agent, or broker; an investment company; an Investment bank; a securities broker-dealer, an investment advisor, a financlal planner; a financial advisor, or any other person who takes, holds, or controls an asset subject fo a conservatorship or guardianship other than a financial institution. Institutions must file a Notice of Taking Possession or Control of an Asset of Minor or Conservates (form GC-050) for an asset of the conservatee held by the Institution, A single form may be filed for all affected assets held by the institution. A financial institution under Califomla Probate Code section 2892(b) Is a bank, a trust, a savings and loan association, a savings bank, an Industrial bank, or a credit union, Financial institutions must file a Notice of Opening or Changing a Guardianship or Conservatorship Account or Safe-Deposit Box (form GC-051) for an account or a safe-deposit box held by the financial institution. A single form may be filed for all affected accounts or safe-deposit boxes held by the financial Institutlon. LETTERS OF CONSERVATORSHIP AFFIRMATION { solemnly affirm that | will perform according to law the duties of [X_] conservator [__] limited conservator. Executed on (datos: VO(2O|ZOLT at race): am Frowse Dixie Waldrip (TYPE OR PRINT NAME) {SIGNATURE OF , CERTIFICATION | cerlify that this document, including any attachments, is a correct copy of the original on file In my office, and that the Letters Issued to the person appointed above have not been revoked, annulled, or set aside, and are still in full force and effect. Date: Clerk, by 0, Deputy 60-080 Rav. sey 1.2018) LETTERS OF CONSERVATORSHIP CEB’ Page not (Probate—Guardianships and Conservatorships)Letters of Conservatorship Emmett “Lynn” Waldrip ttachment 3i The power to sign applications and documents pertaining to public benefits on behalf of the Conservatee, Letters of Conservatorship — AttachmentPage 1 of 1EXHIBIT Cwo oN DH PR WD 10 en HALL SBN 264131 : ENDORSED avE Post Street. Suite 903 a ED He Siete es Tephone B38 NOY 06 2017 Attorneys for Petitioner: CLERK OF THE COURT DIXIE WALDRIP, Proposed By: JACQUELINE ALAMEDA __ Deputy Clerk Conservator IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO In re CONSERVATORSHIP OF THE CASE NO.: PCN-17-301173 PERSON AND ESTATE OF ORDER ON PETITION FOR AUTHORITY TO INSTITUTE LITIGATION UNDER PROBE ) ) ) EMMETT “LYNN” WALDRIP. ) ) ) -$956) RETAIN COUNSEL, AND ) ) ) ) ) ENTER INTO FEE AGREEMENT (PROB C §2403) DATE: October 24, 2017 TIME: 9:00 AM DEPT: 204 The Petition for Authority To Institute Litigation Under Prob C §850, Retain Counsel, And Enter Into Fee Agreement (PROB C §2403) by Petitioner, DIXIE WALDRIP, proposed Conservator of the Person and Estate of EMMETT “LYNN” WALDRIP, came on:regularly for hearing on this date, in the Probate Department of the above-entitled court before the Honorable PETER BUSCH. MERCY L. HALL appeared on behalf of Petitioner DIXIE WALDRIP. ele ORDER ON PETITION FOR AUTHORITY TO INSTITUTE LITIGATION UNDER PROB C $850, RETAIN COUNSEL, AND ENTER FEE AGREEMENT (PROB C $2403) CONSERVATORSHIP OF EMMETT LYNN" WALDRIP &Good cause appearing, and proof having been submitted to the satisfaction of this Court, THIS COURT: 1. Finds that all notices have been given as required by law; 2. Authorizes Petitioner to retain attorney BOONE CALLAWAY to represent EMMETT “LYNN” WALDRIP with regard to the proposed litigation; and 3. Authorizes a to enter into the e fee ¢ agregment attached tof. 4 Petition Jeet te Ane ug der | as Exhibit A 4 [Payment of attomey’s fees and costs to BOONE CALLAWAY shall not be made without prior Court approval.b on ve ated moyen Sudan Sess ak costs au. reavo : ITIS SO ORDERED. Dated:__ {\/6 /ou8l Fe PETER J. BUSCH 2 ORDER ON PETITION FOR AUTHORITY TO INSTITUTE LITIGATION UNDER PROB C §850, RETAIN COUNSEL, AND ENTER INTO FEE AGREEMENT (PROB C§2403) CONSERVATORSHIP OF EMMETT “LYNN” WALDRIP