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DE-350iGC-100
ATTORNEY OR PARTY WITHOUT ATTORNEV (Name, Stare Bar number, and address)‘~ FOR COURT USE ONLY
— Clayton B. Anderson 203126
Jacobs, Anderson, Potter & Chaplin
20 _Independence Circle Euparlor Cnur'l m Calll'omla
Chlco, CA 95973 F F
Emmy D‘ Butte
TELEPHONE N0 (530) 342-6144 FAX NO (Optional): (53 0) 342-6310 I I
E-MAIL ADDRESS (Oplional): canderson@j apc-law.c0m
ATTORNEY FOR (Name): SALVADORE CANCILLA [E- 1/23/2019
1/23/201 9 L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte E
STREET ADDRESS: 1775 Concord Avenue D‘ D
MAILING ADDRESS: 1775 Concord Avenue
CITYAND ZIP CODE‘ Chico, CA 95928
BRANCH NAME: North Butte County Courthouse
ESTATE 0F (Name):
SALVADORE PHILIP CANCILLA
III U DECEDENT CONSERVATEE [I] MINOR
FAX FILE
PETITION FOR APPOINTMENT OF GUARDIAN AD LlTEM-PROBATE CASE
19PR00039
NUMBER19PR00039
1
m EX pARTE
NOTE: This form is for use in proceedings under the Probate Code, except a request for coun‘ approval of (1) the compromise of a
minors disputed claim, (2) the compromise of an action to which a minor or a person with a disability is a party, or (3) disposition of
the proceeds of a judgment in favor of a minor or person with a disability. (See Prob. Code, §§ 3600-3613.) A person seeking the
appointment of a guardian ad Iitem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian
ad Iitem in a family law proceeding should use form FL-935. A person may not act as a guardian ad (item unless he or she is an
attorney or is represented by an attomey. A guardian ad litem is NOT the same as a guardian of the person or estate of a minor.
1. Petitioner (name): Clayton B. Anderson is
al El
personal representative of the estate of:
b. D
guardian of:
c. El
conservator of:
d .
El
trustee of:
e. KI
other interested person (specify capacity): Attorney for Salvadoré‘, Cancilla
2. This petition seeks the appointment of the following person as guardian ad Iitem (state name, address, and telephone number):
Jane E. Stansell
103 S. Plumas Street
Willows, CA 95988 530-342-4524
3. The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number):
Salvadore Cancilla
Prestige Assisted Living at Oroville
400 Executive Pkwy, Oroville, CA 95966 (530) 534-8160
4. The person to be represented is:
a. El
a minor (date ofbirth):
b. m
a person with a disability (within the meaning of Prob. Code, § 3603).
c. El
an unborn person.
d. El
an unascenained person.
e. El
a person whose identity or address is unknown.
f. U
a designated class of persons who are not ascertained or are not in being.
5. Appointment ofa guardian ad litem arises out of issues regarding
a. D
the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a).
b. III
the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify
details in Attachment 5b).
c. U
the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c).
Q .
U
the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment
5d).
e. the representation of a minor, incapacitated person‘ or other person identified in Probate Code section 1003(a) in a
proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e).
f. U other (specify in Attachment 5f).
Page 1 of 2
Furm_Adopled fa] Mandgtory Use PETITION FOR APPOINTMENT 0F Probate Code‘ § 1003
DE_§5“€)88‘_1°€6’P£28'J22'££,"'i20061 GUARDIAN AD LITEM-PROBATE
CEB' Essential
cehsom 1|:l (Probate-Decedent's Estates, and Guardianships and Conservatorships)
__
@ATE OF (N516)? CASE numutu
T SALVADORE PHILIP CANCILLA
r [I] DECEDENT ElCONSERVATEE CI MINOR .
6. The appointment of a guardian ad Iilem is
a. [:I
preper because Ihe minor has no guardian of his or her estate.
b. m necessary for the following reasons (specify reasons‘ Continue in Attachment 6b if necessary).
Sec Attachment 6b
7. The proposed guardian ad litem‘s relationship to the person he or she is representing is
a. U related (state relationship).-
b. El not related (specify capacily): an attorney familiar with proceedings under the Probate Code
8 The proposed guardian ad lilem is fully competent and qualified to understand and protect the rights ofiha
person he or she is
representing as explained in Attachment 8 and has no interest adverse to the interests of that person,
9. Nollce of this proceeding
a‘ [a will be given to the parties named in Attachment 9a.
b‘ II] should be dispensed with for the following reasons (specify reasons for ex pane request, Continua in Attachment
9!) if
necessary):
|
Date:
10 Number
ClmilnnfiAndcmmL-.-
'
of pages attached:
//Ys/’§
CluytonllAndcnsnm('[YPF
//z5 /j
mi
Q3_
'rJ'RTNIN/migy
m_
__ V-’ i_ > V
// / -
,5’
.
declare under penalty of perjury under lhe laws of the State of California that the foregoing is true and correct.
é/g,
l
','
‘SIGNATURE OF AYTCWNEY)
v -
(IYf'F OR PRINT NAME]
SIGNATURE OF I'ETITIONER]
CONSENT TO ACT AS GUARDIAN AD LITEM
lconsent lo the appoinlment as guardian ad lilem and declare under penalty of perjury under the laws
I
ofthe Stale of California lhal
the foregoing petition is true and correct,
Date: ///9//7
JilllC Ii. Slunsull VVVVVVVVVV i__ V v _
> '
'Jafiw-Zléiwmfidflummfl '
V
[I] CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional)
l, (name): am (specify age):
, years of age and hereby
nominate (name): lo be my guardian ad Iitem to represent my lnlerests
for the reasons set fonh in items 5 and 6 of this petition‘
Dale
(IYPEOH PRINT NAME)— i" ’ "'7'" ismnmum» 0| MlNUImE-A-RS or AGE
iiiiiii ._
OR moi-Ii)
i'
0F’ V
V
DEV-HQMEAOOIRW January arm-"'61 PETIfifiN'FOR APPOINTMENT PagoZol 2
CLB'? 5559a GUARDIAN AD LITEM—PROBATE
sch-(om ;;--.5Eqr_ms' (Probate-Decedent's Estates, and Guardianshlps and Conservatorships)
Petition for Appointment of Guardian ad Litem
Salvadore Philip Cancilla
ATTACHMENT Se
Proceeding
Salvadore Philip Cancilla suffers from mental impairment and requires the representation
of a guardian ad litem in a proceeding under Probate Code Sections 15642 and 17200 for the
removal of the successor trustee of his parents’ trust, of which he is a lifetime beneficiary.
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-1-
ATTACHMENT Se
Petition for Appointment of Guardian ad Litem
Salvadore Philip Cancilla
ATTACHMENT 6b
Appointment of Guardian ad Litem is Necessary
Salvador Philip Cancilla is the lifetime beneficiary of the Salvadore Cancilla and Mary F.
Cancilla 1987 Revocable Trust, dated November 10, 1987 (“1987 Trust”) and the Mary F.
Cancilla Revocable Trust 2008 dated October 3, 2008 and amended in part on July 19, 2011.
Mary F. Cancilla served as trustee of the 1987 Trust and the 2008 Trust until her death on J uly
10 18, 2016. The current successor trustee of the 1987 Trust and the 2008 Trust is Francesca M
11 Myers. Despite extensive discussions that led to an agreement as t0 the terms of the distributions
12 to be made to Salvador Philip Cancilla, Francesca M. Myers has failed t0 make any payments to
13 him and has been totally non-responsive to Salvador, his attorney and Francesca’s prior attorney.
14 Francesca M. Myers must be removed as trustee. A petition for her removal is prepared and will
15 filed immediately after the appointment of a guardian ad litem‘
16
17 Salvador Philip Cancilla has a competent understanding of his rights under the trust and
18 that Francesca M. Myers has failed to fulfill her duties as trustee. While he has never been
19 adjudicated to lack capacity he is mentally impaired as defined in Probate Code Section 3606.
20 Such impairment led the court t0 appoint a guardian ad litem in previous proceedings regarding
21 this matter. A guardian ad litem is once again needed to protect his rights.
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28
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ATTACHMENT 6b
Petition for Guardian ad Litem
Salvadore Philip Cancilla
ATTACHMENT 9a
Notice
1. Salvadore Philip Cancilla
Prestige Assisted Living
400 Executive Parkway
Oroville, CA 95966
10 2. Francesca M. Myers
11 6 Ridge Line Court
12 Oroville, CA 95966
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-1-
ATTACHMENT 9a
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DE-350iGC-100 ATTORNEY OR PARTY WITHOUT ATTORNEV (Name, Stare Bar number, and address)‘~ FOR COURT USE ONLY — Clayton B. Anderson 203126 Jacobs, Anderson, Potter & Chaplin 20 _Independence Circle Euparlor Cnur'l m Calll'omla Chlco, CA 95973 F F Emmy D‘ Butte TELEPHONE N0 (530) 342-6144 FAX NO (Optional): (53 0) 342-6310 I I E-MAIL ADDRESS (Oplional): canderson@j apc-law.c0m ATTORNEY FOR (Name): SALVADORE CANCILLA [E- 1/23/2019 1/23/201 9 L SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte E STREET ADDRESS: 1775 Concord Avenue D‘ D MAILING ADDRESS: 1775 Concord Avenue CITYAND ZIP CODE‘ Chico, CA 95928 BRANCH NAME: North Butte County Courthouse ESTATE 0F (Name): SALVADORE PHILIP CANCILLA III U DECEDENT CONSERVATEE [I] MINOR FAX FILE PETITION FOR APPOINTMENT OF GUARDIAN AD LlTEM-PROBATE CASE 19PR00039 NUMBER19PR00039 1 m EX pARTE NOTE: This form is for use in proceedings under the Probate Code, except a request for coun‘ approval of (1) the compromise of a minors disputed claim, (2) the compromise of an action to which a minor or a person with a disability is a party, or (3) disposition of the proceeds of a judgment in favor of a minor or person with a disability. (See Prob. Code, §§ 3600-3613.) A person seeking the appointment of a guardian ad Iitem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian ad Iitem in a family law proceeding should use form FL-935. A person may not act as a guardian ad (item unless he or she is an attorney or is represented by an attomey. A guardian ad litem is NOT the same as a guardian of the person or estate of a minor. 1. Petitioner (name): Clayton B. Anderson is al El personal representative of the estate of: b. D guardian of: c. El conservator of: d . El trustee of: e. KI other interested person (specify capacity): Attorney for Salvadoré‘, Cancilla 2. This petition seeks the appointment of the following person as guardian ad Iitem (state name, address, and telephone number): Jane E. Stansell 103 S. Plumas Street Willows, CA 95988 530-342-4524 3. The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number): Salvadore Cancilla Prestige Assisted Living at Oroville 400 Executive Pkwy, Oroville, CA 95966 (530) 534-8160 4. The person to be represented is: a. El a minor (date ofbirth): b. m a person with a disability (within the meaning of Prob. Code, § 3603). c. El an unborn person. d. El an unascenained person. e. El a person whose identity or address is unknown. f. U a designated class of persons who are not ascertained or are not in being. 5. Appointment ofa guardian ad litem arises out of issues regarding a. D the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a). b. III the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify details in Attachment 5b). c. U the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c). Q . U the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment 5d). e. the representation of a minor, incapacitated person‘ or other person identified in Probate Code section 1003(a) in a proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e). f. U other (specify in Attachment 5f). Page 1 of 2 Furm_Adopled fa] Mandgtory Use PETITION FOR APPOINTMENT 0F Probate Code‘ § 1003 DE_§5“€)88‘_1°€6’P£28'J22'££,"'i20061 GUARDIAN AD LITEM-PROBATE CEB' Essential cehsom 1|:l (Probate-Decedent's Estates, and Guardianships and Conservatorships) __ @ATE OF (N516)? CASE numutu T SALVADORE PHILIP CANCILLA r [I] DECEDENT ElCONSERVATEE CI MINOR . 6. The appointment of a guardian ad Iilem is a. [:I preper because Ihe minor has no guardian of his or her estate. b. m necessary for the following reasons (specify reasons‘ Continue in Attachment 6b if necessary). Sec Attachment 6b 7. The proposed guardian ad litem‘s relationship to the person he or she is representing is a. U related (state relationship).- b. El not related (specify capacily): an attorney familiar with proceedings under the Probate Code 8 The proposed guardian ad lilem is fully competent and qualified to understand and protect the rights ofiha person he or she is representing as explained in Attachment 8 and has no interest adverse to the interests of that person, 9. Nollce of this proceeding a‘ [a will be given to the parties named in Attachment 9a. b‘ II] should be dispensed with for the following reasons (specify reasons for ex pane request, Continua in Attachment 9!) if necessary): | Date: 10 Number ClmilnnfiAndcmmL-.- ' of pages attached: //Ys/’§ CluytonllAndcnsnm('[YPF //z5 /j mi Q3_ 'rJ'RTNIN/migy m_ __ V-’ i_ > V // / - ,5’ . declare under penalty of perjury under lhe laws of the State of California that the foregoing is true and correct. é/g, l ',' ‘SIGNATURE OF AYTCWNEY) v - (IYf'F OR PRINT NAME] SIGNATURE OF I'ETITIONER] CONSENT TO ACT AS GUARDIAN AD LITEM lconsent lo the appoinlment as guardian ad lilem and declare under penalty of perjury under the laws I ofthe Stale of California lhal the foregoing petition is true and correct, Date: ///9//7 JilllC Ii. Slunsull VVVVVVVVVV i__ V v _ > ' 'Jafiw-Zléiwmfidflummfl ' V [I] CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional) l, (name): am (specify age): , years of age and hereby nominate (name): lo be my guardian ad Iitem to represent my lnlerests for the reasons set fonh in items 5 and 6 of this petition‘ Dale (IYPEOH PRINT NAME)— i" ’ "'7'" ismnmum» 0| MlNUImE-A-RS or AGE iiiiiii ._ OR moi-Ii) i' 0F’ V V DEV-HQMEAOOIRW January arm-"'61 PETIfifiN'FOR APPOINTMENT PagoZol 2 CLB'? 5559a GUARDIAN AD LITEM—PROBATE sch-(om ;;--.5Eqr_ms' (Probate-Decedent's Estates, and Guardianshlps and Conservatorships) Petition for Appointment of Guardian ad Litem Salvadore Philip Cancilla ATTACHMENT Se Proceeding Salvadore Philip Cancilla suffers from mental impairment and requires the representation of a guardian ad litem in a proceeding under Probate Code Sections 15642 and 17200 for the removal of the successor trustee of his parents’ trust, of which he is a lifetime beneficiary. 10 11 12 13 14 15 16 1? L8 19 20 21 22 24 25 26 2'? 28 -1- ATTACHMENT Se Petition for Appointment of Guardian ad Litem Salvadore Philip Cancilla ATTACHMENT 6b Appointment of Guardian ad Litem is Necessary Salvador Philip Cancilla is the lifetime beneficiary of the Salvadore Cancilla and Mary F. Cancilla 1987 Revocable Trust, dated November 10, 1987 (“1987 Trust”) and the Mary F. Cancilla Revocable Trust 2008 dated October 3, 2008 and amended in part on July 19, 2011. Mary F. Cancilla served as trustee of the 1987 Trust and the 2008 Trust until her death on J uly 10 18, 2016. The current successor trustee of the 1987 Trust and the 2008 Trust is Francesca M 11 Myers. Despite extensive discussions that led to an agreement as t0 the terms of the distributions 12 to be made to Salvador Philip Cancilla, Francesca M. Myers has failed t0 make any payments to 13 him and has been totally non-responsive to Salvador, his attorney and Francesca’s prior attorney. 14 Francesca M. Myers must be removed as trustee. A petition for her removal is prepared and will 15 filed immediately after the appointment of a guardian ad litem‘ 16 17 Salvador Philip Cancilla has a competent understanding of his rights under the trust and 18 that Francesca M. Myers has failed to fulfill her duties as trustee. While he has never been 19 adjudicated to lack capacity he is mentally impaired as defined in Probate Code Section 3606. 20 Such impairment led the court t0 appoint a guardian ad litem in previous proceedings regarding 21 this matter. A guardian ad litem is once again needed to protect his rights. 22 23 24 25 26 27 28 -1- ATTACHMENT 6b Petition for Guardian ad Litem Salvadore Philip Cancilla ATTACHMENT 9a Notice 1. Salvadore Philip Cancilla Prestige Assisted Living 400 Executive Parkway Oroville, CA 95966 10 2. Francesca M. Myers 11 6 Ridge Line Court 12 Oroville, CA 95966 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 -1- ATTACHMENT 9a