Preview
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
EXHIBIT 3
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREETADDRESS: 1100 Union SL
MAILINGADDRESS: 1100 UnionSt.
CITY AND ZIP CODE: San Diego, CA 92101
BRANCHNAME: Central
TELEPHONENUMBER: (619) 844-2053
PLAINTIFF(SyPETITIONER(SyAPPELLANT(S): Jeannette Servin
DEFENDANT(SyRESPONDENT(S):
In re the Conservatorshipof: Conservatorshipof William R. Lee III [IMAGED]
CASE NUMBER:
NOTICE OF HEARING
37-2022-00031463-PR-CP-CTL
Notice is given that the above-entitled case has been set for the reason listed below and at the location shown above. All
inquiries regarding this notice should be referred to the court listed above.
TYPE OF HEARING DATE TIME DEPT JUDGE
Petition for General Appointment of 09/22/2022 10:30 am 503 Julia C. Kelety
Conservator
Court appearances may be made either in person or virtually, unless otherwise ordered by the Court. Virtuai
appearances must
be made using the departments Microsoft Teams ("MS Teams") video link; or by calling the
departmenes MS Teams conference phone number and using the assigned conference ID number. The MS Teams
video conference links and phone numbers Can be found at www.sdcourt.ca.aov/ProbateHearinas.
ROA #1 Petition for Appointment of Probate Conservator of Person and Estate filed by Jeanette Servin on 08/09/2022
SUPCT CIV-700 (Rev. 8-06) P-a":1
NOH - NOTICE OF HEARING
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
SUPERIOR cOURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET ADDRESS: 1100UnionSL
MAIUNGADDRESS: 110DUnionSL
CITYANDZIPCODE- SanDieg4CA92101
DIVISION- Cenhal
TELEPHOPE NUMBER-(619)844-296
PLAINTIFF(S) / PETITIONER(S): Jeannette Servin
DEFENDANT(S) / RESPONDENT(S):
CONSERVATORSHIP OF WILLIAM R. LEE III [1MAGED]
CASE NUMBER:
NOTICE OF CASE ASSIGNMENT
37-2022-00031463-PR-CP-CTL
Assigned for all purposes to:
Judge: Julia C. Kelety Department: 503
PETITION FILED: 08/09/2022
Court appearances may b.e made either in person or virtually, unless otherwise ordered by the Court. Virtual appearances
must be made using the departments Microsoft Teams ("MS Teams") video link; or by calling the departments MS Teams
conference phone number and using the assigned conference ID number. The MS Teams video conference links and
phone numbers can be found at www.sdcourt.ca.qov/ProbateHearings.
1. Effective April 15, 2021, e-filing is required for attorneys in represented cases, pursuant to the San Diego Superior
Court General Order: in Re Procedures Regarding Electronically Imaged Court Records, Electronic Filing and
Access to Electronic Court Records in Civil and Probate Cases. E-filing is also encouraged, but not mandated, for
self-represented litigants, unless otherwise ordered by the court.
2. As a probate action this matter is subject to the Electronic Filing Requirements (Probate) (SDSC Form #PR-188)
Program."
and is assigned to a department that is part of the court's "Imaging This means that original documents
filed with the court, other than original wills and bonds, will be imaged, held for 30-days, and then destroyed.
Original wills and bonds will be retained by the court for the time required by law. The electronic copy of the filed
document(s) will be the official court record pursuant to Government Code § 68150.
3. It is the duty of each petitioner to serve a copy of this Notice of Case Assignment (SDSC Form #PR-156) on all
persons required to receive notice. Proof of service of this notice is required.
4. AII counsel, and individuals representing themselves, are expected to be familiar with SDSC Local Rules, Division
IV, Probate, and with the Electronic Filing Requirements (Probate) (SDSC Form #PR-188), available on the
courts website at www.sdcourt.ca.qov. These rules will be strictly enforced.
5. Probate Notes are published on the court's website up to two weeks in advance of the scheduled hearing and will
summarize any defects in the pleadings or procedure that have been identified by the probate examiner.
6. Documents must be filed no later than three court days prior to the hearing. Any document filed after the deadline
will be considered late and may not be reflected in the Probate Notes. Late filings will only be considered at the
court's discretion.
7. Documents presented to the court must comply with all applicable provisions of the Probate Code, California Rules
of Court, SDSC Local Rules, and the Electronic Filing Requirements (Probate) (SDSC Form #PR-188). Other
communications, such as e-mails, letters, and notes directed to the court or staff will not be reviewed.
8. In contested matters, parties are encouraged and expected to consider participating in Alternative Dispute
Resolution, including Mediation, prior to the Case Management Conference. The court has long recognized the
value of early case management intervention and the use of ADR options for amenable and eligible cases. The
use of ADR will be discussed at all Case Management Conferences. A list of probate mediators may be found on
the court's website at www.sdcourt.ca.qçy.
SDSC PR-156 (Rev 4/21) Page:1
NOTICE OF CASE ASSIGNMENT
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
GC-020
ATFORNEY
ORPARTYWr“HOUTATTORNEY
(Name,StateBarnumber,andaddress): FORCOURTUSEONLY
Charles Scott, Esq. 78083
Kimball, Tirey & St. John LLP
7676 Hazard Center Drive, Suite 900
ELECTRONICALLY FILED
San Diego, CA 92108 superior court of Califamia,
TELEPHONE
NO.:(619) 231-1422 FAXNO. (OptionaU
: (619) 234-7692
County of San Diego
E-MAILADDRESS
(Optionan:charles.scott@kts-law.com
OOtH/2022 at 10:50:DD AM
ATTORNEY
FoR(Name);Jeannette SerVin
Clerk of the Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO E-
By Fihng,0eputy Clerk
STREET
ADDRESS1100 Union Street
MAIUNGADDRESS.1100 Union Street
CITYANDZIPCODE:San Diego, CA 92101
BRANCH NAMECentral - Probate
GUARDIANSHIP CONSERVATORSHIP OF THE 0 PERSON ESTATE
OF (Name):William R. Lee Ill
MINOR 0 (PROPOSED) CONSERVATEE
NOTICE OF HEARING - GUARDIANSHIP OR CONSERVATORSHIP
202 -00031463-PR-CP-CTL
This notice is required by law.
This notice does not require you to appear in court, but you may attend the hearing if you wish.
1. NOTFCE is given that (name) : Jeannette Servin
(representative capacity, if any): Proposed Conservator of the Person and Estate
has filed (specify) :
Petition for Appointment of Probate Conservator
2. You may refer to documents an file in this proceeding for more information.(Some documents filed with the court as confidential.
Under some circumstances you or your attomey may be able to see or receive copies of confidential documents if you file pape s
in the proceeding or apply to the court.)
3. The petition includes an application for the independent exercise of powers by a guardian or conservator under
Probate Code section 2108 Q Probate Code section 2590.
Powers requested are specified below specified in Attachment 3.
4. A HEARlNG on the matter will be held as follows:
a. Date: 9/22/2022 Time: 10:30 am Dept.: 503 O Room:
b. Address of court same as noted above is (specify) :
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are
available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for
Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.)
Page1 of 2
FarmAdo tedfor Mandalory
Use NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP ProbateCode. 1264,
o e"v u ΰÏC Essential (Pmbate-Guardianships and Conservatorships) en,o.ca
C Forgns-
mamn
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
GUARDIANSHIP |,1] CONSERVATORSHIP OFTHE [1] PERSON |Xj ESTATE CASENUMBER:
OF (Name): William R. Lee III 37-2022-00031463-PR-CP-CTL
MINOR (PROPOSED) CONSERVATEE
NOTE:"
"served"
A copy of this Notice of Hearing-Guaniianship or Conservatorship ("Notice") must be on-delivered to-each person who
has a right under the law to be notified of the date, time, place and purpose of a court hearing in a guardianship or conservatorship.
Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be
personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both
guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform
either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law
allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service,
which the petitioner then files with the original Notice.
This page contains a proof of service
that may be used only to show service by mail. Toshow personal service, each person who
performs the service inust complete and sign a proof of personal service, and each signed copy of that proof of service must be
attached to this Notice when it is filed with the court. You may use form GC-020(P) to show personal service of this Notice.
*
(This Note replaces the clerk's certiiicate of posting on prior versions of this form. If notice by posting is desired, attach a copy of
form GC-020(C), Clerk's Certificate of Posting Notice of Hearing-Guardianship or Conservatorship.(See Prob. Code, § 2543(c).)
PROOF OF SERVICE BY MAIL
1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred.
2. My residence or business address is (specify) : .
7676 Hazard Center Drive, Suite 900B, San Diego, CA 92108
3. I served the foregoing Notice of Hearing-Guardianship or Conservatorshipon each person named below by enclosing a copy in
an envelope addressed as shown below AND
a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4
with the postage fully prepaid.
b. Q placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with this business's practice for collecting and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
4. a. Date mailed: 8/11/2022 b. Place mailed (city, state) : San Diego, CA
5. 0 I served with the Notice of Hearing-Guardianship or Conservatorship a copy of the petition or other document referred to in
the Notice.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 8/11/2022
Diana Gonzalez
(TYPEORPRINTNAMEOFPERSON
cOMPLETING
THISFORM) O C PLETING FORM)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
Name of person served Address (number, street, city, state, and zip code)
1. Please see attached
2.
3.
4.
Continued on an attachment. (You may use form DE-120(MA)£C-020(MA) to show additionai persons served.)
GC-020[Rev.July1,2008) NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP Page2or 2
(Probate-Guardianships and Conservatorships)
'| Essential
alu:om |)Fonne
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
CASE NUMBER
The Conservatorship of the Person and
Estate of William R. Lee III
37-2022-00031463PR-CP-CTL
Attachment to Notice of Hearing
Anna Lenhardt William Lee
2120 Avy Ave. #7401 130 Mazie Drive
Menlo Park, CA 94026 Pleasant Hill, CA 95423
Nancy Spielberg Mary Lee
24th
3515 Back Creek Church Rd 2267 East street
Charlotte, NC 28213 Brooklyn, NY 11229
Genevieve Medure Amelia Bechstein
7413 Bovine Lane O Böcklinstr.7 35396 Giessen Germany
Harrisburg, NC 28075
Peter Lee William Lee, IV
1563 West 7th Street, Apt 2A 2120 Avy Avenue, #7401
Brooklyn NY 11204 Menlo Park CA 94026
Rose Lee
2120 Avy Avenue, #7401
Menlo Park CA 94026
Attachment to Notice of Hearing
-1-
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
RA-010
ATrORNEY
ORPARTYWITHOUT
ATTORNEY: STATEBARNUMBER:78083
NAME:Charles Scott
FIRMNAME:Kimball, Tirey & St. John, LLP
ELECTRONICALLY FILED
STREET ADDRESS:7676 Hazard Center Drive, Suite 900B Superior Court of Califamia,
crrY: San Diego STATE CA ZIPCODE·92108 County of San Diego
TELEPHONENo.: 619-231-1422 FAXNO.
08/112022 at 10:50.DD Al
EMAILADDRESS.Charles.scott@kts-law.com
Clerk of the Superior Court
ATTORNEY
FOR(name):deannette S0rVin E-
By Filing,Deputy Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET
ADDRESS1100 Union Street
MAIUNGADDREss:1100 Union Street
CITYANDZP CODE:San Diego, 92101
BRANCHNAME:Central Probate
Pl..AINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: Conservatorship of the Person and Estate of
OTHER CASE NAME: William R. Lee Ill
NOTICE OF REMOTE APPEARANCE
20 2 0 031463-PR-CP-CTL
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the courts website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete ali that apply):
× Plaintiff/Petitioner (name): Jeannette Servin
Attorney for Plaintiff/Petitioner (name):
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name):
¡ Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. x Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding:
Set on (date): at (time): in (department):
Before (name of Judicial officer, if known):
3. The person intends to appear by (check coures website for method that may be used):
¡ Videoconference ¡ Audio only (including telephone)
4. ¡ For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the
remotely(describe what the party wants to be done remotely and why; attach form MC-25 if more
proceeding be conducted
space is needed):
Page1of $
"'"
c, "f NOTICE OF REMOTE APPEARANCE °N, c
RA-D10[New .Ianuary1.2022] WWEcourts.cagov
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
RA-010
PLAINTIFF: CASENUMBER:
DEFENDANT: of the Person and Estate of 37-2022-00031463-PR-CP-CTL
Conservatorship
5. ¡ I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: 8/11/2022
Charles Scott
(TYPEORPRINTNAME) GNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely entitled to receive notice in
to the other parties or persons this case as stated below.
notice"
Complete one item below for each person notice was given to, and enter one of the following options for "Method of in c.
" Mail: By mailing them a copy of this form (write the mailing address in d.)
" Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
" Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
" Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
" In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. ¡
a.
Plaintiff/Petitioner
Name: Please see attached
2.
a.
Attorney
Name:
for:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number
3. ¡Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
5. ¡ Other (specify): 6.
a.
¡ Attorney
Name:
for:
a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
7. ¡
a.
Other (specify): 7. ¡ Other (specify):
Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 7/21/2022 -
Diana Gonzalez
(TYPEORPRINTNAME) ( GNATUR)
RA-010[NewJanuary1,2022] NOTICE OF REMOTE APPEARANCE Page2 of 3
[page3 neednot befiled]
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
RA-010
Instructions for Giving Notice of Remote Appearance
(This page does not need to be filed.)
1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for
providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at:
https:Mwww.courts.ca.govMind-my-court.htm
2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other
than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the
parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings.
Check the court's website to determine how remote appearances work in that court before completing this form. If the court
does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the
court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a).
3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to
appear remotely to all parties and other persons who are entitled to notice of the proceeding. (if you checked item 2a, you only need to
give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can
describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court.
4. When to file and give notice to others.
California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the
other parties and the court. (You can give notice earlier.) There are different deadlines :
For motions and proceedings In which people cannot testify
days'
If a party gives or receives at least 3 court notice of the proceeding (including all regularly noticed motions):
" At least 2 court days before the proceeding.
days'
If a party gives or receives less than 3 court notice of the proceeding (including ex parte applications):
" With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or
"
By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings)
days'
If a party gives or receives atleast 15 court notice of a trial or hearing date, and for all small claims trials:
" At least 10 court days before the trial or hearing date.
days'
If a party gives or receives less than 15 notice of the trial or hearing (including hearings on protective orders):
" With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that
is asking for the hearing; or
"
By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely.
5. Opposition to remote appearances at trial
or evidentiary hearing. If a party or witness has given notice of intent to appear
remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote
appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served
on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of
Court, rule 3.672(h)(3).)
6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).)
7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court. rule 1.150(c).)
8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations
Request, to tell the court about their needs. See form MC-410-INFO for more information.
9, Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided
interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no coud interpreter
is available, it may be necessary to reschedule the hearing or trial.
RW [ mg 20221 NOTICE OF REMOTE APPEARANCE memor a
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020
NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023
Conservatorship of William R. Lee (
SDSC # 37-2022-00031463-PR-CP-CTL
Attachment to Notice of Remote Appearance
Name: Anna Lenhardt Name: William Lee Name: Nancy Spielberg
Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice: 8/11/2022
Method of Notice: Mail Method of Notice: Mail Method of Notice: Mail
Address: 2120Avy Avenue, Address: 130 Mazie Drive Address: 3515 Back Creek
#7401Menlo Park CA 94026 Pleasant Hill, CA 94523 Church Road
Charlotte, NC 28213
Name: Mary Lee Name: Genevieve Medure Name: Amelia Bechstein
Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice 8/11/2022
Method of Notice: Mail Method of Notice: Mail Method of Notice: Mail
Address: 2267 East 24th St. Address: 7413 Bovine Lane Address: o Böcklinstr.7
Brooklyn, NY 1 I229 Harrisburg, NC 28075 35396 Giessen Germany
Name: Peter Lee Name: William Lee, IV Name: Rose Lee
Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice:8/11/2022
Method of Notice: Mail Method
Preview
FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 EXHIBIT 3 FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREETADDRESS: 1100 Union SL MAILINGADDRESS: 1100 UnionSt. CITY AND ZIP CODE: San Diego, CA 92101 BRANCHNAME: Central TELEPHONENUMBER: (619) 844-2053 PLAINTIFF(SyPETITIONER(SyAPPELLANT(S): Jeannette Servin DEFENDANT(SyRESPONDENT(S): In re the Conservatorshipof: Conservatorshipof William R. Lee III [IMAGED] CASE NUMBER: NOTICE OF HEARING 37-2022-00031463-PR-CP-CTL Notice is given that the above-entitled case has been set for the reason listed below and at the location shown above. All inquiries regarding this notice should be referred to the court listed above. TYPE OF HEARING DATE TIME DEPT JUDGE Petition for General Appointment of 09/22/2022 10:30 am 503 Julia C. Kelety Conservator Court appearances may be made either in person or virtually, unless otherwise ordered by the Court. Virtuai appearances must be made using the departments Microsoft Teams ("MS Teams") video link; or by calling the departmenes MS Teams conference phone number and using the assigned conference ID number. The MS Teams video conference links and phone numbers Can be found at www.sdcourt.ca.aov/ProbateHearinas. ROA #1 Petition for Appointment of Probate Conservator of Person and Estate filed by Jeanette Servin on 08/09/2022 SUPCT CIV-700 (Rev. 8-06) P-a":1 NOH - NOTICE OF HEARING FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 SUPERIOR cOURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREET ADDRESS: 1100UnionSL MAIUNGADDRESS: 110DUnionSL CITYANDZIPCODE- SanDieg4CA92101 DIVISION- Cenhal TELEPHOPE NUMBER-(619)844-296 PLAINTIFF(S) / PETITIONER(S): Jeannette Servin DEFENDANT(S) / RESPONDENT(S): CONSERVATORSHIP OF WILLIAM R. LEE III [1MAGED] CASE NUMBER: NOTICE OF CASE ASSIGNMENT 37-2022-00031463-PR-CP-CTL Assigned for all purposes to: Judge: Julia C. Kelety Department: 503 PETITION FILED: 08/09/2022 Court appearances may b.e made either in person or virtually, unless otherwise ordered by the Court. Virtual appearances must be made using the departments Microsoft Teams ("MS Teams") video link; or by calling the departments MS Teams conference phone number and using the assigned conference ID number. The MS Teams video conference links and phone numbers can be found at www.sdcourt.ca.qov/ProbateHearings. 1. Effective April 15, 2021, e-filing is required for attorneys in represented cases, pursuant to the San Diego Superior Court General Order: in Re Procedures Regarding Electronically Imaged Court Records, Electronic Filing and Access to Electronic Court Records in Civil and Probate Cases. E-filing is also encouraged, but not mandated, for self-represented litigants, unless otherwise ordered by the court. 2. As a probate action this matter is subject to the Electronic Filing Requirements (Probate) (SDSC Form #PR-188) Program." and is assigned to a department that is part of the court's "Imaging This means that original documents filed with the court, other than original wills and bonds, will be imaged, held for 30-days, and then destroyed. Original wills and bonds will be retained by the court for the time required by law. The electronic copy of the filed document(s) will be the official court record pursuant to Government Code § 68150. 3. It is the duty of each petitioner to serve a copy of this Notice of Case Assignment (SDSC Form #PR-156) on all persons required to receive notice. Proof of service of this notice is required. 4. AII counsel, and individuals representing themselves, are expected to be familiar with SDSC Local Rules, Division IV, Probate, and with the Electronic Filing Requirements (Probate) (SDSC Form #PR-188), available on the courts website at www.sdcourt.ca.qov. These rules will be strictly enforced. 5. Probate Notes are published on the court's website up to two weeks in advance of the scheduled hearing and will summarize any defects in the pleadings or procedure that have been identified by the probate examiner. 6. Documents must be filed no later than three court days prior to the hearing. Any document filed after the deadline will be considered late and may not be reflected in the Probate Notes. Late filings will only be considered at the court's discretion. 7. Documents presented to the court must comply with all applicable provisions of the Probate Code, California Rules of Court, SDSC Local Rules, and the Electronic Filing Requirements (Probate) (SDSC Form #PR-188). Other communications, such as e-mails, letters, and notes directed to the court or staff will not be reviewed. 8. In contested matters, parties are encouraged and expected to consider participating in Alternative Dispute Resolution, including Mediation, prior to the Case Management Conference. The court has long recognized the value of early case management intervention and the use of ADR options for amenable and eligible cases. The use of ADR will be discussed at all Case Management Conferences. A list of probate mediators may be found on the court's website at www.sdcourt.ca.qçy. SDSC PR-156 (Rev 4/21) Page:1 NOTICE OF CASE ASSIGNMENT FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 GC-020 ATFORNEY ORPARTYWr“HOUTATTORNEY (Name,StateBarnumber,andaddress): FORCOURTUSEONLY Charles Scott, Esq. 78083 Kimball, Tirey & St. John LLP 7676 Hazard Center Drive, Suite 900 ELECTRONICALLY FILED San Diego, CA 92108 superior court of Califamia, TELEPHONE NO.:(619) 231-1422 FAXNO. (OptionaU : (619) 234-7692 County of San Diego E-MAILADDRESS (Optionan:charles.scott@kts-law.com OOtH/2022 at 10:50:DD AM ATTORNEY FoR(Name);Jeannette SerVin Clerk of the Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO E- By Fihng,0eputy Clerk STREET ADDRESS1100 Union Street MAIUNGADDRESS.1100 Union Street CITYANDZIPCODE:San Diego, CA 92101 BRANCH NAMECentral - Probate GUARDIANSHIP CONSERVATORSHIP OF THE 0 PERSON ESTATE OF (Name):William R. Lee Ill MINOR 0 (PROPOSED) CONSERVATEE NOTICE OF HEARING - GUARDIANSHIP OR CONSERVATORSHIP 202 -00031463-PR-CP-CTL This notice is required by law. This notice does not require you to appear in court, but you may attend the hearing if you wish. 1. NOTFCE is given that (name) : Jeannette Servin (representative capacity, if any): Proposed Conservator of the Person and Estate has filed (specify) : Petition for Appointment of Probate Conservator 2. You may refer to documents an file in this proceeding for more information.(Some documents filed with the court as confidential. Under some circumstances you or your attomey may be able to see or receive copies of confidential documents if you file pape s in the proceeding or apply to the court.) 3. The petition includes an application for the independent exercise of powers by a guardian or conservator under Probate Code section 2108 Q Probate Code section 2590. Powers requested are specified below specified in Attachment 3. 4. A HEARlNG on the matter will be held as follows: a. Date: 9/22/2022 Time: 10:30 am Dept.: 503 O Room: b. Address of court same as noted above is (specify) : Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the clerk's office for Request for Accommodations by Persons with Disabilities and Order (form MC-410). (Civil Code section 54.8.) Page1 of 2 FarmAdo tedfor Mandalory Use NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP ProbateCode. 1264, o e"v u ΰÏC Essential (Pmbate-Guardianships and Conservatorships) en,o.ca C Forgns- mamn FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 GUARDIANSHIP |,1] CONSERVATORSHIP OFTHE [1] PERSON |Xj ESTATE CASENUMBER: OF (Name): William R. Lee III 37-2022-00031463-PR-CP-CTL MINOR (PROPOSED) CONSERVATEE NOTE:" "served" A copy of this Notice of Hearing-Guaniianship or Conservatorship ("Notice") must be on-delivered to-each person who has a right under the law to be notified of the date, time, place and purpose of a court hearing in a guardianship or conservatorship. Copies of this Notice may be served by mail in most situations. In a guardianship, however, copies of this Notice must sometimes be personally served on certain persons; and copies of this Notice may be personally served instead of served by mail in both guardianships and conservatorships. The petitioner (the person who requested the court hearing) may not personally perform either service by mail or personal service, but must show the court that copies of this Notice have been served in a way the law allows. The petitioner does this by arranging for someone else to perform the service and complete and sign a proof of service, which the petitioner then files with the original Notice. This page contains a proof of service that may be used only to show service by mail. Toshow personal service, each person who performs the service inust complete and sign a proof of personal service, and each signed copy of that proof of service must be attached to this Notice when it is filed with the court. You may use form GC-020(P) to show personal service of this Notice. * (This Note replaces the clerk's certiiicate of posting on prior versions of this form. If notice by posting is desired, attach a copy of form GC-020(C), Clerk's Certificate of Posting Notice of Hearing-Guardianship or Conservatorship.(See Prob. Code, § 2543(c).) PROOF OF SERVICE BY MAIL 1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is (specify) : . 7676 Hazard Center Drive, Suite 900B, San Diego, CA 92108 3. I served the foregoing Notice of Hearing-Guardianship or Conservatorshipon each person named below by enclosing a copy in an envelope addressed as shown below AND a. depositing the sealed envelope with the United States Postal Service on the date and at the place shown in item 4 with the postage fully prepaid. b. Q placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 4. a. Date mailed: 8/11/2022 b. Place mailed (city, state) : San Diego, CA 5. 0 I served with the Notice of Hearing-Guardianship or Conservatorship a copy of the petition or other document referred to in the Notice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 8/11/2022 Diana Gonzalez (TYPEORPRINTNAMEOFPERSON cOMPLETING THISFORM) O C PLETING FORM) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED Name of person served Address (number, street, city, state, and zip code) 1. Please see attached 2. 3. 4. Continued on an attachment. (You may use form DE-120(MA)£C-020(MA) to show additionai persons served.) GC-020[Rev.July1,2008) NOTICE OF HEARING-GUARDIANSHIP OR CONSERVATORSHIP Page2or 2 (Probate-Guardianships and Conservatorships) '| Essential alu:om |)Fonne FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 CASE NUMBER The Conservatorship of the Person and Estate of William R. Lee III 37-2022-00031463PR-CP-CTL Attachment to Notice of Hearing Anna Lenhardt William Lee 2120 Avy Ave. #7401 130 Mazie Drive Menlo Park, CA 94026 Pleasant Hill, CA 95423 Nancy Spielberg Mary Lee 24th 3515 Back Creek Church Rd 2267 East street Charlotte, NC 28213 Brooklyn, NY 11229 Genevieve Medure Amelia Bechstein 7413 Bovine Lane O Böcklinstr.7 35396 Giessen Germany Harrisburg, NC 28075 Peter Lee William Lee, IV 1563 West 7th Street, Apt 2A 2120 Avy Avenue, #7401 Brooklyn NY 11204 Menlo Park CA 94026 Rose Lee 2120 Avy Avenue, #7401 Menlo Park CA 94026 Attachment to Notice of Hearing -1- FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 RA-010 ATrORNEY ORPARTYWITHOUT ATTORNEY: STATEBARNUMBER:78083 NAME:Charles Scott FIRMNAME:Kimball, Tirey & St. John, LLP ELECTRONICALLY FILED STREET ADDRESS:7676 Hazard Center Drive, Suite 900B Superior Court of Califamia, crrY: San Diego STATE CA ZIPCODE·92108 County of San Diego TELEPHONENo.: 619-231-1422 FAXNO. 08/112022 at 10:50.DD Al EMAILADDRESS.Charles.scott@kts-law.com Clerk of the Superior Court ATTORNEY FOR(name):deannette S0rVin E- By Filing,Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO STREET ADDRESS1100 Union Street MAIUNGADDREss:1100 Union Street CITYANDZP CODE:San Diego, 92101 BRANCHNAME:Central Probate Pl..AINTIFF/PETITIONER: DEFENDANT/RESPONDENT: Conservatorship of the Person and Estate of OTHER CASE NAME: William R. Lee Ill NOTICE OF REMOTE APPEARANCE 20 2 0 031463-PR-CP-CTL You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use this form in a juvenile dependency proceeding.) Check the courts website for information about how to appear remotely, including the departments and types of cases or proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances. See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if this notice is for an evidentiary hearing or trial. A person appearing remotely should conduct themselves as though appearing in court in person. 1. The person who intends to appear remotely is (check and complete ali that apply): × Plaintiff/Petitioner (name): Jeannette Servin Attorney for Plaintiff/Petitioner (name): Defendant/Respondent (name): Attorney for Defendant/Respondent (name): ¡ Other (name and role in case): 2. The person or persons in 1 intends to appear remotely (check one): a. x Throughout the case. b. At the proceeding described below, including on any later dates if the proceeding is continued (describe): Type of proceeding: Set on (date): at (time): in (department): Before (name of Judicial officer, if known): 3. The person intends to appear by (check coures website for method that may be used): ¡ Videoconference ¡ Audio only (including telephone) 4. ¡ For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the remotely(describe what the party wants to be done remotely and why; attach form MC-25 if more proceeding be conducted space is needed): Page1of $ "'" c, "f NOTICE OF REMOTE APPEARANCE °N, c RA-D10[New .Ianuary1.2022] WWEcourts.cagov FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 RA-010 PLAINTIFF: CASENUMBER: DEFENDANT: of the Person and Estate of 37-2022-00031463-PR-CP-CTL Conservatorship 5. ¡ I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person. Date: 8/11/2022 Charles Scott (TYPEORPRINTNAME) GNATURE) Notice to Other Parties Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court, rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the declaration below. Declaration of Notice I gave notice that I intend to appear remotely entitled to receive notice in to the other parties or persons this case as stated below. notice" Complete one item below for each person notice was given to, and enter one of the following options for "Method of in c. " Mail: By mailing them a copy of this form (write the mailing address in d.) " Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.) " Electronic notice: By e-mail or text message (write the e-mail or phone number in d.) " Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or " In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.) 1. ¡ a. Plaintiff/Petitioner Name: Please see attached 2. a. Attorney Name: for: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number 3. ¡Defendant/Respondent 4. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 5. ¡ Other (specify): 6. a. ¡ Attorney Name: for: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 7. ¡ a. Other (specify): 7. ¡ Other (specify): Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about how and when notice was given to each person. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 7/21/2022 - Diana Gonzalez (TYPEORPRINTNAME) ( GNATUR) RA-010[NewJanuary1,2022] NOTICE OF REMOTE APPEARANCE Page2 of 3 [page3 neednot befiled] FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 RA-010 Instructions for Giving Notice of Remote Appearance (This page does not need to be filed.) 1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at: https:Mwww.courts.ca.govMind-my-court.htm 2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings. Check the court's website to determine how remote appearances work in that court before completing this form. If the court does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a). 3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to appear remotely to all parties and other persons who are entitled to notice of the proceeding. (if you checked item 2a, you only need to give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court. 4. When to file and give notice to others. California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the other parties and the court. (You can give notice earlier.) There are different deadlines : For motions and proceedings In which people cannot testify days' If a party gives or receives at least 3 court notice of the proceeding (including all regularly noticed motions): " At least 2 court days before the proceeding. days' If a party gives or receives less than 3 court notice of the proceeding (including ex parte applications): " With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or " By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely. For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings) days' If a party gives or receives atleast 15 court notice of a trial or hearing date, and for all small claims trials: " At least 10 court days before the trial or hearing date. days' If a party gives or receives less than 15 notice of the trial or hearing (including hearings on protective orders): " With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that is asking for the hearing; or " By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely. 5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of Court, rule 3.672(h)(3).) 6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).) 7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court. rule 1.150(c).) 8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations Request, to tell the court about their needs. See form MC-410-INFO for more information. 9, Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no coud interpreter is available, it may be necessary to reschedule the hearing or trial. RW [ mg 20221 NOTICE OF REMOTE APPEARANCE memor a FILED: WESTCHESTER COUNTY CLERK 09/22/2023 04:24 PM INDEX NO. 50914/2020 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 09/22/2023 Conservatorship of William R. Lee ( SDSC # 37-2022-00031463-PR-CP-CTL Attachment to Notice of Remote Appearance Name: Anna Lenhardt Name: William Lee Name: Nancy Spielberg Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice: 8/11/2022 Method of Notice: Mail Method of Notice: Mail Method of Notice: Mail Address: 2120Avy Avenue, Address: 130 Mazie Drive Address: 3515 Back Creek #7401Menlo Park CA 94026 Pleasant Hill, CA 94523 Church Road Charlotte, NC 28213 Name: Mary Lee Name: Genevieve Medure Name: Amelia Bechstein Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice 8/11/2022 Method of Notice: Mail Method of Notice: Mail Method of Notice: Mail Address: 2267 East 24th St. Address: 7413 Bovine Lane Address: o Böcklinstr.7 Brooklyn, NY 1 I229 Harrisburg, NC 28075 35396 Giessen Germany Name: Peter Lee Name: William Lee, IV Name: Rose Lee Date of Notice 8/11/2022 Date of Notice 8/11/2022 Date of Notice:8/11/2022 Method of Notice: Mail Method