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Case Number: PTR-05-287341
Filing Date: Dec-14-2006 3:08
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ORDER
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01626007
Instructions:
Please place this sheet on top of the document to be scanned.SUPERIOR COURT OF CALIFORNIA
County of San Francisco
Estateof — , Case No.: PTR-05-287341
CHARLES ACTIS, ORDER GRANTING SUMMARY
: ADJUDICTION IN PART AND DENYING
Decedent. SUMMARY ADJUDICATION IN PART.
CAROL MITCHELL,
Contestant,
vs.
EVA KNOTT,
Respondent.
The Motion of Contestant CAROL MITCHELL for Summary Adjudication of Issues, came on
regularly for hearing before this Court on November 28, 2006 in the Probate Department,
Honorable John Dearman Judge presiding. Robert J. Mitchell appeared as attorney for Contestant
Carol Mitchell and Michael Cochrane appeared as attomey for Respondent Eva Knott.
Case No: PTR05-287341
ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTC
Material Facts as to Which -
Triable Issues Exist
4. Whether Decedent Charles Actis was a
“Dependent Adult.”
2. Whether Respondent Eva Knott was a
“Care Custodian.”
Case No.: PTR-05-287341
After full consideration of the evidence and points and authorities and declarations
submitted by both parties, and oral arguments of counsel, it appears and this Court finds that there
are no triable issues as to the following material facts:
~ Permanente Medical Center (Exhibit *J");
ORDER GRANTING SUMMARY AOJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PART
References to Evidence Indicating
Controversy
Death Certificate (Exhibit "F");
Neuropsychological Report from Kaiser
Permanente Medical Center (Exhibit "J’);
Petition for Appointment of Probate
Conservator (Exhibit “G’) attachment 5b(1) &
5b(2), third paragraph; Report of Barbara
Simon (Exhibit *K’), first page, fourth and fifth
paragraphs; Affidavit of Carrie Wong (Exhibit
“H’); Deposition of Barbara Simon (Exhibit
“D") 201:23-202:4, 74:10-11, 26:13-15.
Neuropsychological Report from Kaiser
Deposition of Eva Knott (Exhibit “A”) 19:25-
20:11; 20:12-20; 21:11-14; 355:15-21; 21:15-
17; 7:12-22; 35:24-36:4; 34:7-12; 28:1-7;
37:14-23; 43:17-24; 45:22-25; 287:15-18;
38:16-39:3; 289:3-13; 289:20-23; 378:1-
379:2; 376:4-377:4; 60:23-24; 93:12-94:11;
54:6-14; 54:15-17; 412:16-23; 169:1-4; 188:1-
7; 61:24-62:3; 237:8-16; 150:9-151:16; Exhibit€ C
*M” (business card); Report of Barbara Simon
(Exhibit “K’} first page, fourth and fifth
paragraphs; Deposition of David Friedenberg
(Exhibit “B*) 114:8-20; Affidavit of Carrie
Wong (Exhibit “H”); Petition for Appointment
of Probate Conservator filed by the San
Francisco Public Guardian (Exhibit "G”)
attachment 56(1) & 5b(2), fourth paragraph;
Deposition of Barbara Simon (Exhibit *P”)
224:16-20; 226:1-2.
The Court grants Contestant's Request for Judicial Notice as to:
Petition for Appointment of Probate Conservator filed on November 22, 2004, in the
matter of the Conservatorship of Charles Actis, San Francisco County Superior Court
Case No. 04-288737,
Confidential Supplemental Information form filed on November 22, 2004, in the
matter of the Conservatorship of Charles Actis, San Francisco County Superior Court
Case No. 04-286737.
Neuropsycholagical report from Kaiser Permanente Medical Center, dated June 7,
2004, and authored by Dr. Charles Vella, which was purportedly filed in the matter of
the Conservatorship of Charles Actis, San Francisco County Superior Court Case
. No. 04-286737 on behalf of decedent.
Petition to Determine Entitlement filed on March 25, 2005, in the matter of the
Conservatorship of Charles Henry Pasa, San Francisco County Superior Court Case
No. 03-285121.
Catiformia Supreme Court Case Number S136070 and entitled Bemard v. Foley.
Case No.: PTR-05-287341
ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTThe Court denies Contestant’s Request for Judicial Notice as to:
a. Capacity Declaration - Conservatorship, authored by Dr. Abraham Nievod and filed
on January 25, 2005 in the matter of the Conservatorship of Charles Actis, San
Francisco County Superior Court Case No. 04-286737.
The Court grants Respondent's Request for Judicial Notice as to:
a. The ruling of this court in San Francisco County Case No. PCN-04-286737 denying
the petition for conservatorship of Charles Actis. Due to the fact that certain
testimony and reports from that proceeding have been deemed confidential, only the
registrar of actions of that case fs attached as Exhibit *1°.
With respect to evidentiary objections made by the parties, the Court has specifically
considered the parties’ evidence and the objections to that evidence. The Court's decisions have
been based only on admissible, relevant evidence. Biljac Associates v. First Interstate Bank (1990),
218 CalApp.3d 1410.
(TIS THEREFORE ORDERED that the Motion of Contestant CAROL MITCHELL for
summary adjudication as to the First Issue, that decedent Charles Actis was at all times relevant
hereto, a “dependent adult* under Probate Code § 21350, is granted.
ITS FURTHER ORDERED that the Motion of Contestant CAROL MITCHELL for summary
adjudication as to the Second Issue, that Respondent Eva Knott was at all times relevant hereto,
the care custodian of decedent Charles Actis under Probate Code § 21350, is granted.
IT IS HEREBY FURTHER ORDERED that the Motion of Contestant for summary
adjudication as to the Third Issue, that the Certificate of Independent Review dated April 7, 2005 is
vold, is denied.
pateo: (2 [4+t-D6
JOHN DEARMAN
Judge of the Superior Court
Case No.: PTR-05-287341
ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTtw
a
~~
oo
€ €
IN RE: Estate of CHARLES ACTIS/Case No, 287341
CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1013a, 20.5.5.)
Undersigned certifies, under penalty of perjury: | am a citizen of the United States, over
the age of eighteen years, not a party to the within cause. | served the attached
document by depositing a true copy thereof in the U.S. Mail in San Francisco,
California, enclosed in a sealed envelope with postage fully prepaid on
BEC-1-4-2905 and said envelope was addressed as follows:
Ernest F. Der, Esq.
Skootsky & Der, LLP
90 New Montgomery Street, Suite 905
San Francisco, CA 94105
Robert J. Mitchell, Esq.
1850 Mt. Diablo Bivd., Suite 670
Walnut Creek, CA 94596-4407
David J. Friedenberg, Esq.
2171 Junipero Serra Blvd., Suite 620
Daly City, CA 94014
Michael J, Cochrane, Esq.
King, King & Fishteder
555 - 12th Street, Suite 1440
Oakland, CA 94507
O—.
by:
‘ Elina Leino, Court Assistant
JD/el
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IOUT San Francisco Superior Courts information Technology Group Document Scanning Lead Sheet Dec-15-2006 3:09 pm Case Number: PTR-05-287341 Filing Date: Dec-14-2006 3:08 Juke Box: 001 Image: 01626007 ORDER IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01626007 Instructions: Please place this sheet on top of the document to be scanned.SUPERIOR COURT OF CALIFORNIA County of San Francisco Estateof — , Case No.: PTR-05-287341 CHARLES ACTIS, ORDER GRANTING SUMMARY : ADJUDICTION IN PART AND DENYING Decedent. SUMMARY ADJUDICATION IN PART. CAROL MITCHELL, Contestant, vs. EVA KNOTT, Respondent. The Motion of Contestant CAROL MITCHELL for Summary Adjudication of Issues, came on regularly for hearing before this Court on November 28, 2006 in the Probate Department, Honorable John Dearman Judge presiding. Robert J. Mitchell appeared as attorney for Contestant Carol Mitchell and Michael Cochrane appeared as attomey for Respondent Eva Knott. Case No: PTR05-287341 ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTC Material Facts as to Which - Triable Issues Exist 4. Whether Decedent Charles Actis was a “Dependent Adult.” 2. Whether Respondent Eva Knott was a “Care Custodian.” Case No.: PTR-05-287341 After full consideration of the evidence and points and authorities and declarations submitted by both parties, and oral arguments of counsel, it appears and this Court finds that there are no triable issues as to the following material facts: ~ Permanente Medical Center (Exhibit *J"); ORDER GRANTING SUMMARY AOJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PART References to Evidence Indicating Controversy Death Certificate (Exhibit "F"); Neuropsychological Report from Kaiser Permanente Medical Center (Exhibit "J’); Petition for Appointment of Probate Conservator (Exhibit “G’) attachment 5b(1) & 5b(2), third paragraph; Report of Barbara Simon (Exhibit *K’), first page, fourth and fifth paragraphs; Affidavit of Carrie Wong (Exhibit “H’); Deposition of Barbara Simon (Exhibit “D") 201:23-202:4, 74:10-11, 26:13-15. Neuropsychological Report from Kaiser Deposition of Eva Knott (Exhibit “A”) 19:25- 20:11; 20:12-20; 21:11-14; 355:15-21; 21:15- 17; 7:12-22; 35:24-36:4; 34:7-12; 28:1-7; 37:14-23; 43:17-24; 45:22-25; 287:15-18; 38:16-39:3; 289:3-13; 289:20-23; 378:1- 379:2; 376:4-377:4; 60:23-24; 93:12-94:11; 54:6-14; 54:15-17; 412:16-23; 169:1-4; 188:1- 7; 61:24-62:3; 237:8-16; 150:9-151:16; Exhibit€ C *M” (business card); Report of Barbara Simon (Exhibit “K’} first page, fourth and fifth paragraphs; Deposition of David Friedenberg (Exhibit “B*) 114:8-20; Affidavit of Carrie Wong (Exhibit “H”); Petition for Appointment of Probate Conservator filed by the San Francisco Public Guardian (Exhibit "G”) attachment 56(1) & 5b(2), fourth paragraph; Deposition of Barbara Simon (Exhibit *P”) 224:16-20; 226:1-2. The Court grants Contestant's Request for Judicial Notice as to: Petition for Appointment of Probate Conservator filed on November 22, 2004, in the matter of the Conservatorship of Charles Actis, San Francisco County Superior Court Case No. 04-288737, Confidential Supplemental Information form filed on November 22, 2004, in the matter of the Conservatorship of Charles Actis, San Francisco County Superior Court Case No. 04-286737. Neuropsycholagical report from Kaiser Permanente Medical Center, dated June 7, 2004, and authored by Dr. Charles Vella, which was purportedly filed in the matter of the Conservatorship of Charles Actis, San Francisco County Superior Court Case . No. 04-286737 on behalf of decedent. Petition to Determine Entitlement filed on March 25, 2005, in the matter of the Conservatorship of Charles Henry Pasa, San Francisco County Superior Court Case No. 03-285121. Catiformia Supreme Court Case Number S136070 and entitled Bemard v. Foley. Case No.: PTR-05-287341 ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTThe Court denies Contestant’s Request for Judicial Notice as to: a. Capacity Declaration - Conservatorship, authored by Dr. Abraham Nievod and filed on January 25, 2005 in the matter of the Conservatorship of Charles Actis, San Francisco County Superior Court Case No. 04-286737. The Court grants Respondent's Request for Judicial Notice as to: a. The ruling of this court in San Francisco County Case No. PCN-04-286737 denying the petition for conservatorship of Charles Actis. Due to the fact that certain testimony and reports from that proceeding have been deemed confidential, only the registrar of actions of that case fs attached as Exhibit *1°. With respect to evidentiary objections made by the parties, the Court has specifically considered the parties’ evidence and the objections to that evidence. The Court's decisions have been based only on admissible, relevant evidence. Biljac Associates v. First Interstate Bank (1990), 218 CalApp.3d 1410. (TIS THEREFORE ORDERED that the Motion of Contestant CAROL MITCHELL for summary adjudication as to the First Issue, that decedent Charles Actis was at all times relevant hereto, a “dependent adult* under Probate Code § 21350, is granted. ITS FURTHER ORDERED that the Motion of Contestant CAROL MITCHELL for summary adjudication as to the Second Issue, that Respondent Eva Knott was at all times relevant hereto, the care custodian of decedent Charles Actis under Probate Code § 21350, is granted. IT IS HEREBY FURTHER ORDERED that the Motion of Contestant for summary adjudication as to the Third Issue, that the Certificate of Independent Review dated April 7, 2005 is vold, is denied. pateo: (2 [4+t-D6 JOHN DEARMAN Judge of the Superior Court Case No.: PTR-05-287341 ORDER GRANTING SUMMARY ADJUDICATION IN PART, DENYING SUMMARY ADJUDICATION IN PARTtw a ~~ oo € € IN RE: Estate of CHARLES ACTIS/Case No, 287341 CERTIFICATE OF SERVICE BY MAIL (C.C.P. 1013a, 20.5.5.) Undersigned certifies, under penalty of perjury: | am a citizen of the United States, over the age of eighteen years, not a party to the within cause. | served the attached document by depositing a true copy thereof in the U.S. Mail in San Francisco, California, enclosed in a sealed envelope with postage fully prepaid on BEC-1-4-2905 and said envelope was addressed as follows: Ernest F. Der, Esq. Skootsky & Der, LLP 90 New Montgomery Street, Suite 905 San Francisco, CA 94105 Robert J. Mitchell, Esq. 1850 Mt. Diablo Bivd., Suite 670 Walnut Creek, CA 94596-4407 David J. Friedenberg, Esq. 2171 Junipero Serra Blvd., Suite 620 Daly City, CA 94014 Michael J, Cochrane, Esq. King, King & Fishteder 555 - 12th Street, Suite 1440 Oakland, CA 94507 O—. by: ‘ Elina Leino, Court Assistant JD/el