Corrected Order of Deposit of Funds in Court Blocked Account

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Corrected Order of Deposit of Funds in Court Blocked Account Powered By Docstoc
					                   Calendar date of 08/17/10

   THE NOTES BELOW REPRESENT NOTES
   AFTER THE SECOND CHECK HAS BEEN
   COMPLETED. NO FURTHER DOCUMENTS
   WILL BE REVIEWED PRIOR TO HEARING.

                                           *****
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            Superior Court of Calif, County of San Bernardino
                                               Page: 1

                    Rancho Cucamonga District
     CIVCAL4               Rancho District
                     GUARDIANSHIP CALENDAR

     HONORABLE COMMISSIONER MICHAEL J GASSNER
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R15P
     ----------------------------------------------------------------------
           CASE #: GAR RS1000041                    FILING DATE; 04/23/10

     CASE NAME: DANIEL AND ENRIQUE FELIX AND BRANDON SALAS

     HEARING:
     Hearing re: Petition for Appointment of Guardian

                                                  COUNSEL:
     MYRA JEAN AGUILAR                    (PET)...PRO/PER
     DANIEL A FELIX                       (MIN)...
     ENRIQUE A FELIX                      (MIN)...
     BRANDON SALAS                        (MIN)...

GENERAL INFORMATION
Temporary Letters issued 4/28/10.
Continued from 5/25/10 for proof of service.
Continued from 6/29/10 for petitioner to clear notes. Petitioner referred to the
Guardianship Assistance Program.

THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal great-grandmother, minors 16, 14, and 1.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-
  1.   Petitioner alleges CPS involvement.
  2.   Need notice of hearing and proof of personal service on minors 12 or older,
       mother and fathers #1(for minor Daniel Felix), #2(Ray Felix) and #3(Arthur
       Borrego) each or file due diligence declaration(s).
  3.   Need notice of hearing and proof of mail service on maternal grandfather and all
       sets of paternal grandparents or file due diligence declaration(s)
  4.   Court to review the Guardianship Questionnaire.

RECOMMENDATION:
Need notice.
(kra/fhl)
            Superior Court of Calif, County of San Bernardino
                                               Page: 2

     CIVCAL4              Rancho District
                     GUARDIANSHIP CALENDAR

     HONORABLE COMMISSIONER MICHAEL J GASSNER
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R15P
     ----------------------------------------------------------------------
           CASE #: GAR RS1000061                    FILING DATE; 06/04/10

     CASE NAME: JASON DAVID ARLINGTON

     HEARING:
     Hearing re: Petition for Appointment of Guardian

                                                      COUNSEL:
     ANNE ARLINGTON                          (PET)...CHRISTOPHER
     JASON DAVID ARLINGTON                   (MIN)...
     SANTY WILLIAMS                           (MOT)…

GENERAL INFORMATION:
At 6/10/10 hearing temporary guardianship denied as no emergency. Court finds that the
parties intend to work out visitation for the grandparent. Due to objections to the
guardianship, matter referred to Court Investigator for investigation and report.

THIS CASE IS SET FOR HEARING ON: Petition for Appointment of Guardian, person
only, by paternal grandmother, minor now 1.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
  1. Petitioner alleges father agrees with guardianship. However, no consent is filed.
  2. Mother personally served.
  3. Petitioner alleges father is incarcerated. Notice of hearing and proof of service may
     be served on father per Local Rule 20-1317. Need proof of certified mail service
     with accompanying declaration.
  4. Need notice of hearing and proof of mail service on paternal grandfather, maternal
     grandparents and siblings age 12 or older or file due diligence declaration(s).
  5. Child Information Attachment indicates related matter concerning custody and
     support in Orange County, Case No. OCFLl101666 (see orange tab in file).
  6. Need Court Investigator report.
  7. Objection filed by mother indicating a guardianship is not in the minor’s best
     interest and supporting declarations from friends attached.

RECOMMENDATION:
Need notice. Need Court Investigator report.
(fhl/kra)
         Superior Court of Calif, County of San Bernardino
                                            Page: 3

   CIVCAL4               Rancho District
                    GUARDIANSHIP CALENDAR

   HONORABLE COMMISSIONER MICHAEL J GASSNER
   ----------------------------------------------------------------------
   DATE: 08/17/10                   TIME: 9:30 DEPT: R15P
   ----------------------------------------------------------------------
         CASE #: RG RS01510                    FILING DATE; 07/12/04

   CASE NAME: MARIAH FELTS

   HEARING:
   FINAL ACCT CURRENT & REPORT

                                                  COUNSEL:
   YVONNE SINCLAIR                       (PET)...NOREEN FONTAINE
   MARIAH RUBY FELTS                     (MIN)...
   SANDRA ROBLES                          (SG )...NOREEN FONTAINE

GENERAL INFORMATION
Continued from 7/13/10 at request of counsel due to family emergency.

THIS CASE IS SET FOR HEARING ON 3rd & Final account and report by prior guardian
and petition for attorney fees, minor now 9

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-
  1.   Mother, Yvonne Sinclair, was appointed 10/12/04, with funds placed in a
       blocked account in lieu of bond. On 8/11/09 maternal grandmother, Sandra
       Robles was appointed successor guardian of the estate and guardian of the
       person.
  2.   Accounting period covers 7/1/08 – 8/10/09.
  3.   Petitioner alleges that the minor’s estate is comprised of a settlement award,
       which all but $40,000 was invested in annuities and that the first annuity
       payment will be paid just prior to the minor reaching majority. However, the I&A
       shows only $40,000 and no annuities have been inventoried. Need a corrected
       inventory showing the entire settlement award with a reconciliation of the
       investments made.
  4.   This accounting only accounts for the settlement amount not invested in
       annuities. All funds have been held in a blocked account. Petitioner alleges that
       no withdrawals or disbursements were made during this account period. Does
       Court wish to require an accounting of the investments made (see note 3)? JTD
  5.   Summary of account shows receipts during the period of account. Need
       supporting schedule per Pr.C.§1062.
    6.      Petitioner generally accounts for the Social Security benefits received by the
            Successor Guardian. Minor receives $947/month, which is used primarily for
            rent, food, school supplies & activities, and clothing. Petitioner alleges that the
            minor resides with the successor guardian; that the home has a total of 6
            occupants and the minor shares one of four rooms. From the bank statements
            provided for 2009, it appears that no money accumulates and the balance on
            the account is at close to zero. It is unclear how much minor is contributing to
            the rent, as some months show nearly the entire balance withdrawn at once and
            other months show transfers in small increments. Also, there is a total of $198 in
            NSF charges. Question if Ms. Robles reimbursed the minor for the charges?
            Need verified supplement.
    7.      Per minute order 2/23/10 Counsel indicates parties are attempting to change
            title on minor’s vehicle. Need verified supplement stating the status of the
            ownership.
    8.      Need notice of hearing and proof of service.

RECOMMENDATION:
Need to clear notes. If approved, court to set hearing re filing receipts and final discharge
for 8/23/11.
(kra/fhl)
            Superior Court of Calif, County of San Bernardino
                                               Page: 1

                    Rancho Cucamonga District
     CIVCAL4               Rancho District
                    GUARDIANSHIP CALENDAR

     HONORABLE COMMISSIONER M J TORCHIA
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R16P
     ----------------------------------------------------------------------
           CASE #: GAR RS1000066                    FILING DATE; 06/09/10

     CASE NAME: ETHAN FRANK JOHNSON

     HEARING:
     Hearing re: Petition for Appointment of Guardian
                                                     COUNSEL:
     LORI L JOHNSON                         (PET)...PRO/PER
     BRIAN G JOHNSON                        (PET)...PRO/PER
     ETHAN FRANK JOHNSON                    (MIN)...

GENERAL INFORMATION
Temporary Letters issued 6/14/10.
Continued from 7/13/10. Father verbally states in open Court that he is withdrawing
his consent to the guardianship. Matter continued for father to file objections.

THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandparents, minor 4

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-
  1.   Child Information attachment indicates there is a possible related case.
       However, the UCCJEA conflicts. Court may wish to inquire.
  2.   Father signed a waiver and consent. On 7/13/10, father stated in open Court
       that he withdraws his consent. As father has made personal appearance,
       Court may wish to deem personal appearance as waiver of notice.
  3.   Mother and maternal grandparents have signed waivers and consents.

RECOMMENDATION:
Absent objection, Court’s discretion.
(kra/fhl)
         Superior Court of Calif, County of San Bernardino
                                            Page: 2

   CIVCAL4               Rancho District
                    GUARDIANSHIP CALENDAR

   HONORABLE COMMISSIONER M J TORCHIA
   ----------------------------------------------------------------------
   DATE: 08/17/10                   TIME: 9:30 DEPT: R16P
   ----------------------------------------------------------------------
         CASE #: GAR RS900053                    FILING DATE; 04/03/09

   CASE NAME: ASHLEY SIMONE JANAE WILLIAMS

   HEARING:
   Hearing Re: Proof of blocked account

                                        COUNSEL:
   LEROY D SMITH                (PET)...SUSAN K HOLLIDAY
   SANDRA SMITH                 (PET)...SUSAN K HOLLIDAY
   ASHLEY SIMONE JANAE WILLIAMS (MIN)...




See notes on next page.
            Superior Court of Calif, County of San Bernardino
                                               Page: 3

     CIVCAL4               Rancho District
                      GUARDIANSHIP CALENDAR

     HONORABLE COMMISSIONER M J TORCHIA
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R16P
     ----------------------------------------------------------------------
           CASE #: GAR RS900053                    FILING DATE; 04/03/09

     CASE NAME: ASHLEY SIMONE JANAE WILLIAMS

     HEARING:
     Hearing Re: Inventory and Appraisal

                                          COUNSEL:
     LEROY D SMITH                (PET)...SUSAN K HOLLIDAY
     SANDRA SMITH                 (PET)...SUSAN K HOLLIDAY
     ASHLEY SIMONE JANAE WILLIAMS (MIN)...

GENERAL INFORMATION:
Hearing re inventory and appraisal continued from 5/4/10.
Hearing re proof of blocked account continued from 11/17/09, 3/10/10, 5/4/10. At hearing
on 5/4/10, counsel indicated the only assets of the estate have been deposited into
a blocked account.

THIS CASE IS SET FOR HEARING ON Inventory & Appraisal

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
  1.   Letters of person and estate issued to maternal uncle and spouse 8/19/09,
       minor 16. Court ordered all funds placed in a blocked account in lieu of bond.
  2.   No proof of deposit into blocked account filed. Need same.
  3.   No inventory filed. Need final I&A per Pr.C.§2610.

RECOMMENDATION:
Inquire status. When an inventory and appraisal is not filed as ordered, the court may set
hearing in accord with Pr. C. § 2614.5. When the representative does not file documents
as ordered by the court, the court may take action as specified in Pr.C. § 800 and CCP. §
128.
(kra/fhl)
             Superior Court of Calif, County of San Bernardino
                                                Page: 4

     CIVCAL4               Rancho District
                      GUARDIANSHIP CALENDAR

     HONORABLE COMMISSIONER M J TORCHIA
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R16P
     ----------------------------------------------------------------------
           CASE #: GAR RS900063                    FILING DATE; 04/21/09

     CASE NAME: CIARA R ORTIZ

     HEARING:
     Hearing re: Petition for Termination of Guardianship

                                                 COUNSEL:
     LORRAINE K PRICE                   (PET)...PRO/PER
     CIARA R ORTIZ                      (MIN)...
     RICARDO I ORTIZ                    (FAT)...PRO/PER

GENERAL INFORMATION
Aunt was appointed guardian 7/7/09.
Bcf 5/18/10 as matter is referred to Court Investigator for investigation and report.
Continued from 7/13/10. Court has read and considered the Court Investigator
report filed 7/7/10. Court directs Courtroom Clerk to contact CPS regarding
initiating an investigation as to the risk to the minor, Ciara.

THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship by
father, minor now 15

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-
  1.   Item 5 is incomplete as to reasons why termination is in the best interest of the
       minor. Need verified supplement.
  2.   Item 6 is incomplete as to special notice. Need verified supplement.
  3.   Minor signed a waiver and consent.
  4.   Item 9 is incomplete as to minor’s address. If minor has moved, need notice of
       change of address.
  5.   Need notice of hearing and proof of mail service on guardian, mother, step-
       father, siblings 12 or older, and paternal grandparents or file due diligence
       declaration(s).
  6.   Court Investigator report filed.
  7.   Need CPS report as ordered by Court on 7/13/10.

RECOMMENDATION:
Need to clear notes. Need CPS report.
(kra/fhl/kra/fhl)
                Superior Court of Calif, County of San Bernardino
                                                   Page: 1

     CIVCAL4                 Rancho District
                        GUARDIANSHIP CALENDAR

     HONORABLE Judge TERESA S BENNETT
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R17P
     ----------------------------------------------------------------------
           CASE #: GAR RS1000017                    FILING DATE; 02/22/10

     CASE NAME: CASSIDY NICOLE STEVENS

     HEARING:
     Hearing Re: Proof of Blocked Account

                                                       COUNSEL:
     ALECIA BROUGHTON                         (PET)...PRO/PER
     CASSIDY NICOLE STEVENS                   (MIN)...

GENERAL INFORMATION:
Continued from 4/20/10.
Continued from 7/13/10. Court needs proof from Bank of America that accounts are
blocked.

THIS CASE IS SET FOR HEARING ON: Proof of Blocked Account.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  Mother appointed guardian of estate on 3/24/10. In her petition, petitioner
         indicated that monies would be deposited into a restricted bank account.
     2.  Order entered on 3/24/10 shows that the guardian is not authorized to take
         possession of money or any other property without a specific Court order
         (Item 9d). Need Amended Order showing that deposits are ordered to be
         placed in blocked account (Item 9c). On 4/20/10 Court requires an
         Amended Order to be submitted.
     3.  Letters issued 3/24/10 show that guardian is not authorized to take
         possession of money or any other property without a specific Court order
         (Item 3). Need Amended Letters allowing guardian to take possession of
         minor’s property.
     4.  No proof of deposit into blocked account filed.
     5.  Courtesy copy of forms required on left side of file.

RECOMMENDATION:
Need Amended Orders and Amended Letters. Need proof of blocked account.
(fhl/kra/fhl)
              Superior Court of Calif, County of San Bernardino
                                                 Page: 2

        CIVCAL4              Rancho District
                        GUARDIANSHIP CALENDAR

        HONORABLE Judge TERESA S BENNETT
        ----------------------------------------------------------------------
        DATE: 08/17/10                   TIME: 9:30 DEPT: R17P
        ----------------------------------------------------------------------
              CASE #: GAR RS1000078                    FILING DATE; 07/12/10

        CASE NAME: KAPRI OLA THOMPSON

        HEARING:
        Hearing re: Petition for Appointment of Guardian

                                                     COUNSEL:
        JOANNA G SHELTON                      (PET)...PRO/PER
        KAPRI OLA THOMPSON                    (MIN)...

GENERAL INFORMATION:
Temporary Letters issued 7/19/10.

THIS CASE IS SET FOR HEARING ON: Petition for Appointment of Guardian, person
only, by sister, minor now 12.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  Mother is deceased.
     2.  Father signed nomination, waiver and consent.
     3.  Minor signed waiver and consent.
     4.  Need notice of hearing and proof of mail service on siblings age 12 or older
         or file due diligence declaration.
     5.  Petitioner requests authority to seek medical and dental treatment as
         needed and authority to apply for and receive social security and public
         benefits for minor.

RECOMMENDATION:
Need notice.
(fhl)
            Superior Court of Calif, County of San Bernardino
                                               Page: 3

     CIVCAL4               Rancho District
                      GUARDIANSHIP CALENDAR

     HONORABLE Judge TERESA S BENNETT
     ----------------------------------------------------------------------
     DATE: 08/17/10                   TIME: 9:30 DEPT: R17P
     ----------------------------------------------------------------------
           CASE #: RG RS01987                    FILING DATE; 01/04/07

     CASE NAME: BRANDON JORDAN MOLINA

     HEARING:
     Hearing Re: PETITION FOR VISITATION

                                                         COUNSEL:
     TONY MOLINA                                (PET)...SOHEILA AZIZI & ASSOCIATES P C
     DOLORES MOLINA                             (PET)...KELLY R MACLYMAN
     BRANDON JORDAN MOLINA                      (MIN)...
     MARY WILSON                                (PET)...PRO/PER
     STEVEN WILSON                              (PET)...PRO/PER

GENERAL INFORMATION
Paternal grandfather and spouse were appointed guardians 2/9/07.
Continued from 5/25/10 as matter is referred to FCS. Court orders minor is not to visit his
biological father.
Continued from 7/13/10. Written report received from Family Court Services. Court
re-refers parties to Family Court Services for minor to be interviewed. Court orders
minor is not to be used as a messenger.

THIS CASE IS SET FOR HEARING ON Petition for visitation, by mother and step-father,
minor now 13

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-
  1.   Petitioners allege the guardians refuse to cooperate re visitation.
  2.   Need notice of hearing and proof of mail service on minor.
  3.   Need Family Court Services report as ordered by Court on 7/13/10.

RECOMMENDATION;
Need notice. Need Family Court Services report.
(kra/fhl)

				
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