On May 19, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
and
for Conservatorship of Person & Estate
in the District Court of Butte County.
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LAW
SBN
Chico,
Phone:
Fax:
OFFICES
William G. Apger
Attorney at Law
142992
CA 95926
(530)
(530)
OF WILLIAM G. APGER
250 Vallombrosa Ave.,
899-9575
899-1400
Ste. 450
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CourtotCatitomlaF
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2011
Flener, Clerk
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Deputy
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF BUTTE
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In Re: Case Nd.:
FR 3 9 9 2 g}
TEMPORARY CONSERVATORSHIP OF DECLAERATION OF WILLIAM G. APGER
l3 IN SUPPORT OF EX-PARTE
ROBERT R. MATTICE APPLICATION FOR GOOD CAUSE
EXCEPTION TO NOTICE
\JVVVVVVVVV
OF HEARING
Proposed Conservatee ON TEMPORARY CONSERVATORSHIP
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I, WILLIAM G. APGER, declare as follows: :
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1. I am an attorney at law licensed to practice iin the Courts of California.
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2. I represent Earl and Predesuenda Mattice w'ho are petitioning this Court for
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appointment as Temporary Conservators of the Person and Estate of their son, ROBERT R.
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MATTICE. They have also petitioned this Court for appointment as the general Conservators of
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their son.
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3. Along with the Petition for Appointment of Temporary Conservator, Earl and
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Predesuenda Mattice have filed their Ex-Parte Applicatiori for Good Cause Exception to Notice
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of Hearing on Petition for Appointment of Temporary Conservator, seeking waiver of the
Declaration of William G. Apger, Ex-Parte Application to Dispense with Notice - l
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Petition for Temporary Conservatorship of Robert R. Mattice
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requirement that they give notice to all relatives
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of Roberti R.
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Mattice to the second degree prior
to the hearing on the petition for their appointment as Temporary Conservators.
4. The reason Earl and Predesuenda Mattice wish to dispense with the requirement
of Notice is that they are the only relatives in the United States, of any degree, of Robert R.
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Mattice, other than his three-year old son who lives in Santa Barbara. The remaining relatives of
Robert R. Mattice are an uncle and cousin who reside in Aintipolo City, Philippines. They are
being served with Notice of the hearing for the general conservatorship, but delay in giving them
notice for the Temporary conservatorship will cause substantial harm to Robert R. Mattice and
his property. i
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10 5. Robert R. Mattice’s son in Santa Barbara has been kept from Robert throughout
ll the son’s life by the son’s mother, who died on or about Aipril 12, 2011. There is a hearing set
12 for mid-June, 2011 where third-degree relatives of the motlher are seeking custody, but the son
l3 would not know or understand the meaning of a conservatorship of his father even if notice could
l4 be given him. I
6. I am informed and believe, and upon such belief declare that the personal property
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l6 of Robert R. Mattice is being held in his apartment by his former girlfried, who has changed the
17 locks and refuses Petitioners access to obtain those items. |Without quick action the personal
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l8 property of Robert R. Mattice may be lost.
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19 7. I am informed and believe, and upon such belief declare that Robert purchased a
20 2010 Toyota Carnray and monthly payments on the purchase loan are becoming delinquent.
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21 Petitioners need access to Robert’s bank accounts and loan account with the lender so they can
22 prevent the repossession of the vehicle. 1
23 8. There is no opposing party known to Petitioners to whom notice of the ex-parte
24 hearing may be given. Therefore request is made to dispense with the requirement, per Rules of
25 Court 3.1204 and 7.1062, that Notice of the ex-parte hearing be given.
Declaration of William G. Apger, Ex-Parte Application to Dispense with Notice - 2
Petition for Temporary Conservatorship of Robert R. Mattice
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If called upon to testify to these matters, I can do soicompetently.
I declare under penalty of perjury that the foregoing,| is true and correct, except as to those
matters declared by information and belief, and as to those statements, I believe them to be true.
Dated this|19‘h day of May 11, Chico, CA
LAW OFFICES OF
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WILLIAM G. APGER
i William G. Apger
i
Attorney at Law
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Declaration of William G. Apger, Ex-Parte Application to Dispense with Notice
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Petition for Temporary Conservatorshipl of Robert R. Mattice
Document Filed Date
May 19, 2011
Case Filing Date
May 19, 2011
Category
Conservatorship of Person & Estate
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