Memorandum of Points and Authorities for Grandparents

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					                Calendar date of 02/02/10

     THE NOTES BELOW REPRESENT NOTES AFTER
      THE SECOND CHECK HAS BEEN COMPLETED.
         NO LATE FILED DOCUMENTS WILL BE
          REVIEWED PRIOR TO THE HEARING.
                                  *****
The Probate Examiners can be reached at ProbateNotes@sb-court.org.
Emails must have the case identification information and hearing
time/date in the subject line. No attachments will be opened. Probate
Examiners can only respond to inquiries regarding the meaning of
comments in the notes. PLEASE DO NOT SEND EMAILS TO STATE
THAT DOCUMENTS HAVE BEEN FILED, TO REQUEST A
CONFIRMATION OF WHETHER DOCUMENTS HAVE BEEN RECEIVED,
OR TO REQUEST THE CLEARING OF NOTES. No legal or procedural
advice may be given.
              Superior Court of Calif, County of San Bernardino
                                                 Page: 1


                        Rancho Cucamonga District
        CIVCAL4                Rancho District
                         GUARDIANSHIP CALENDAR

        HONORABLE COMMISSIONER M J TORCHIA
        ----------------------------------------------------------------------
        DATE: 02/02/10                   TIME: 8:30 DEPT: R16P
        ----------------------------------------------------------------------
              CASE #: RG RS01719                    FILING DATE; 08/15/05

        CASE NAME: GABRIELLA J CONTRERAS

        HEARING:
        Motion Re: TO BE RELIEVED AS COUNSEL Filed by Petitioner
        ANTOINETTE BERNAL

                                               COUNSEL:
        ANTOINETTE BERNAL              (PET)...DELILAH KNOX RIOS
        GABRIELLA J CONTRERAS          (MIN)...
        DEPARTMENT OF CHILDREN'S SERVI (AGN)...PRO/PER
        IRMA SMITH                     (TP )...PRO/PER
        ADELINA CONTRERAS              (PRO/PER             )...PRO/PER


GENERAL INFORMATION:

THIS CASE IS SET FOR HEARING ON: Motion to be Relieved as Counsel.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  Petitioner is attorney for guardian and requests order allowing withdrawal as
         attorney of record for guardian as fees are not being paid in accordance with
         retainer agreement.
     2.  Proper notice given.

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

        CIVCAL4              Rancho District
                         GUARDIANSHIP CALENDAR

        HONORABLE COMMISSIONER M J TORCHIA
        ----------------------------------------------------------------------
        DATE: 02/02/10                   TIME: 9:30 DEPT: R16P
        ----------------------------------------------------------------------
              CASE #: GAR RS800140                    FILING DATE; 09/15/08

        CASE NAME: LIAM P SIMONSON

        HEARING:
        Hearing re: Petition for Termination of Guardianship


                                                      COUNSEL:
        CONNIE J ABAYAN                      (PET)...EDWARDS-SWIFT & ASSOCIATES
        ALFONSO V ABAYAN                     (PET)...EDWARDS-SWIFT & ASSOCIATES
        LIAM P SIMONSON                      (MIN)...
        RYAN STABILE                         (FAT)...DAVID P SCHWARZ

GENERAL INFORMATION:
Guardianship granted to maternal grandmother and spouse 10/14/08.
Continued from 12/1/09, 12/15/09 at request of counsel.

THIS CASE IS SET FOR HEARING ON: Petition for Termination of Guardianship by
biological father, minor 2.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  Petitioner alleges he is the biological father of minor. However, birth
         certificate filed by guardians at the time petition for guardianship was heard
         shows no father listed. Related matter FAMRS801154 indicates petitioner is
         seeking legal and physical custody of minor.
     2.  Petitioner has checked Item 8 indicating that he is the minor’s guardian and
         has attached a visitation schedule. Court may wish to inquire whether
         petitioner is requesting termination of guardianship or visitation?
     3.  Objections filed by guardians.

RECOMMENDATION:
Court may wish to refer to Court Investigator.
(fhl)
              Superior Court of Calif, County of San Bernardino
                                                 Page: 3

        CIVCAL4               Rancho District
                          GUARDIANSHIP CALENDAR

        HONORABLE COMMISSIONER M J TORCHIA
        ----------------------------------------------------------------------
        DATE: 02/02/10                   TIME: 9:30 DEPT: R16P
        ----------------------------------------------------------------------
              CASE #: RG RS00516                    FILING DATE; 09/02/97

        CASE NAME: GUARDIANSHIP OF RAYMOND A RUIZ AND BRIANA D RUI

        HEARING:
        Hearing re: Petition for Termination of Guardianship


                                                      COUNSEL:
        RAYMOND D LOPEZ                       (GP )...JAMES D MADDEN
        LYDIA P LOPEZ                        (GP )...JAMES D MADDEN
        RAYMOND A RUIZ                       (MIN)...
        BRIANA D RUIZ                        (MIN)...
        RAUL A RUIZ                          (TP )...BRADLEY J HAGUE

GENERAL INFORMATION:
Guardianship granted to maternal grandparents 8/29/97.

THIS CASE IS SET FOR HEARING ON: Petition for Termination of Guardianship by
guardians, minor 17.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  Petitioners allege that minor has moved out of their home and is residing
         with her mother.
     2.  Petitioners request reasonable visitation with the minor. However, no
         attachment 8 specifying what visitation is requested.
     3.  Need Declaration under UCCJEA.
     4.  Item 9 of petition is incomplete as to relatives within 2nd degree. Need
         complete list of relatives.
     5.  Need notice of hearing and proof of mail service on paternal grandparents or
         file due diligence declaration.

RECOMMENDATION:
Need notice. Need to clear notes.
(fhl)
         Superior Court of Calif, County of San Bernardino
                                                                            Page:   1
                  Rancho Cucamonga District
   CIVCAL4               Rancho District
                   GUARDIANSHIP CALENDAR

   HONORABLE Judge TERESA S BENNETT
   ----------------------------------------------------------------------
   DATE: 02/02/10                   TIME: 9:30 DEPT: R17P
   ----------------------------------------------------------------------
         CASE #: GAR RS800192                    FILING DATE; 12/16/08

   CASE NAME: CRYSTAL M ADAIR

   HEARING:
   Petition for APPOINTMENT OF GUARDIANSHIP FOR MINOR CRYSTAL M ADAIR

                                               COUNSEL:
   PAUL ADAIR                         (PET)...PITTULLO HOWINGTON BARKER & AB
   DELIA ADAIR                        (PET)...PITTULLO HOWINGTON BARKER & AB
   CRYSTAL M ADAIR                    (MIN)...
   OBO MINOR CHILD                    (MIN)...PAMELA STETTNER
   MERCI E VASQUEZ                     (PET)...ROSSANA MITCHELL

GENERAL INFORMATION
Temporary Letters issued 12/22/08. Parties are referred to FCS for mediation and
evaluation. Mother and minor to receive counseling and minor is not to have contact with
father in prison.
Continued from 1/20/09 as mother does not stipulate to judge pro tem. Court orders
witnesses to be present at the next hearing without further order or subpoena.
Continued from 03/10/09. Child to remain in the Youth facility she is currently in. Parties
shall not see the report from the CI prior to this hearing. Court orders no contact with child
at this time. Petitioner to obtain letter from school regarding integration of visitation.
Continued from 5/12/09 and all existing orders shall remain in full force and effect.
Continued from 6/16/09. Court appointed counsel for Minor with cost of minor’s counsel
to be split between the parties subject to reallocation. Obo Minor Child is added as a
minor child to petition of Paul Adair. Attorney Pamela Stettner appointed to represent
child. Minor’s Counsel directed to interview all parties; school; and child. Matter
continued to 7/13/09 for issue of visitation for Mother.
Continued from 7/13/09. Minor’s Counsel gave oral report to the Court. Minor’s Counsel
has not interviewed children, only their counselors. Court made finding that if matters
cannot be resolved at the next hearing, a trial may be set. Matter continued to 11/17/09.
Continued from 11/17/09 at request of petitioner.
Continued from 11/23/09. Written stipulation entered into whereby it was stipulated
that petitioner shall bring child to So. Cal area between 11/25 – 11/28/09. Mother
shall be allowed two supervised visits, 1 hour duration each, on 11/26 and 11/27/09.
Petitioner Paul Adair to supervise visit 11/26 and “Wee Care” to supervise 11/27 or
another supervisor approved by minor’s Counsel.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandparents, minor 13

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
  1.   Petition indicates minor is living with mother. As temporary letters have been
       issued, Court may wish to inquire as to the minor’s current residence.
  2.   Child Inquiry Attachment filed. However, petitioner alleges in section 1 that no
       inquiry re ancestry was made. Court may wish to inquire.
  3.   Biological father signed a nomination, waiver and consent.
  4.   Mother personally served 12/22/08.
  5.   Need notice of hearing and proof of personal service on minor and step-father
       (Ronnie Vasquez).
  6.   Need notice of hearing and proof of mail service on siblings 12 or older,
       maternal grandfather and step-PGPs or file due diligence declaration(s).
  7.   Objection filed by mother denying petitioner’s allegations and indicating
       that guardianship is not in the best interest of the minor.
  8.   Declarations by of Christopher R. Abernathy and Paul Adair filed for Court’s
       review.
  9.   Declaration filed by petitioner attaching letters in support of guardianship.
       However, attached to the declaration is only one exhibit wherein petitioner
       alleges there are two exhibits attached. Need exhibit 1 re letter from Sue
       Vander Hart.
  10.  Memorandum of points and authorities as to confidential juvenile records
       filed by Children and Family Services.
  11.  On 9/22/09, a Ruling on Submitted matter was entered wherein Court
       denied Mother’s motion for reconsideration of Court’s decision entered
       7/13/09 concerning termination of temporary guardianship.

RECOMMENDATION:
Need notice.
                Superior Court of Calif, County of San Bernardino
                                                   Page: 2

     CIVCAL4                 Rancho District
                         GUARDIANSHIP CALENDAR

     HONORABLE Judge TERESA S BENNETT
     ----------------------------------------------------------------------
     DATE: 02/02/10                   TIME: 9:30 DEPT: R17P
     ----------------------------------------------------------------------
           CASE #: GAR RS900107                    FILING DATE; 09/02/09

     CASE NAME: ANTHONY CHRISTOPHER VELA

     HEARING:
     Petition for APPOINTMENT OF GUARDIAN OF THE PERSON

                                                           COUNSEL:
     MARIA E MORENO                               (PET)...PRO/PER
     ANTHONY CHRISTOPHER VELA                     (MIN)...

GENERAL INFORMATION:
Temporary guardianship was granted on 9/8/09.
Continued from 10/6/09. Court excused notice to father. Petitioner ordered to make
further attempts to locate mother.
Continued from 11/10/09 as no appearance.
Continued from 12/22/09. Mother appeared. Court ordered Mother to file written
objections. Court found notice of hearing and proof of mail service in PGP; MGP;
siblings older than age 12 or due diligence declarations. Court needs DCS report.

THIS CASE IS SET FOR HEARING ON: Petition for Guardianship, person only, by non-
relative, minor 13.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
     1.  Need DCS report as petitioner is a non-relative.
     2.  Proof of personal service filed as to mother.
     3.  Notice to father excused in open court at 10/6/09 hearing.
     4.  Need notice of hearing and proof of mail service on paternal grandparents,
         maternal grandparents, and siblings older than age 12, or file due diligence
         declaration(s).
     5.  Court to review the Guardianship Questionnaire and confidential Screening
         forms.
     6.  Need Mother’s written objections.

RECOMMENDATION:
Need to clear notes. Need DCS report.
(fhl/kra/fhl)
              Superior Court of Calif, County of San Bernardino
                                                 Page: 3

        CIVCAL4               Rancho District
                          GUARDIANSHIP CALENDAR

        HONORABLE Judge TERESA S BENNETT
        ----------------------------------------------------------------------
        DATE: 02/02/10                   TIME: 9:30 DEPT: R17P
        ----------------------------------------------------------------------
              CASE #: RG RS00667                    FILING DATE; 08/05/98

        CASE NAME: KELSEY RENAY LONG

        HEARING:
        Accounting Review


                                                      COUNSEL:
        RALPH C LONG                           (PET)...HOLLY HUTCHINS
        CONSTANCE A LONG                       (PET)...HOLLY HUTCHINS
        KELSEY RENAY LONG                      (MIN)...


GENERAL INFORMATION:
Continued from 12/22/09 as no appearance. Notice given by Courtroom Clerk.

THIS CASE IS SET FOR HEARING ON: Accounting Review.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  The 5th accounting was approved 1/7/08. The 6th accounting now due to
         cover period 09/01/07 – 08/31/09.
     2.  Accounting filed 1/15/10 is not timely filed per Local Rule 20-901 which
         provides that accountings shall be filed thirty (30) days prior to the
         accounting review date. Should the accounting not be filed timely, the review
         date shall be continued to the date of the accounting.

RECOMMENDATION:
Suggest Court continue matter to 3/2/10, or next available Tuesday thereafter.
(fhl)
              Superior Court of Calif, County of San Bernardino
                                                 Page: 4

        CIVCAL4               Rancho District
                          GUARDIANSHIP CALENDAR

        HONORABLE Judge TERESA S BENNETT
        ----------------------------------------------------------------------
        DATE: 02/02/10                   TIME: 9:30 DEPT: R17P
        ----------------------------------------------------------------------
              CASE #: RG RS01070                    FILING DATE; 12/21/01

        CASE NAME: KARLYE CORINNE KEMP AND KAI LEE KEMP

        HEARING:
        Hearing Re: Accounting Review


                                                         COUNSEL:
        KAI CLAUSELL                             (PET)...PRO/PER
        KARLYE CORINNE KEMP                      (MIN)...
        KAI LEE KEMP                             (MIN)...VINCENT B GARCIA


GENERAL INFORMATION:
Continued from 12/22/09 as no appearance. Notice given by Courtroom Clerk.

THIS CASE IS SET FOR HEARING ON: Accounting Review.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
     1.  The 3rd accounting was approved 3/11/08. The 6th accounting now due to
         cover period 10/1/08 – 09/30/09.
     2.  No accounting filed.

RECOMMENDATION:
Inquire status. When an accounting is not filed as required the Court shall take action as
specified in Pr.C. §2620.2.
(fhl)

				
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