Calendar date of 11/19/10
THE NOTES BELOW REPRESENT NOTES
AFTER THE SECOND CHECK HAS BEEN
COMPLETED. NO FURTHER
DOCUMENTS WILL BE REVIEWED PRIOR
TO HEARING.
*****
The Probate Examiners can be reached at
[email protected].
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
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000031
FILING DATE; 02/18/10
CASE NAME: MATTER OF MICHAEL D THORNTON & STEVEN S DUFF
ALSO SEE PAGE 2
HEARING:
Hearing Re: TO REMOVE GUARD (082510)
COUNSEL:
GOLDIE JONES
MICHAEL D THORNTON
STEVEN S DUFF
SHANEE RODELL
(PET)...PRO/PER
(MIN)...
(MIN)...
(PET)...PRO/PER
GENERAL INFORMATION:
Maternal grandmother, Goldie Jones, appointed guardian 3/26/10.
Ex parte orders to remove guardian and to appoint Shanee Rodell denied 8/26/10.
Continued from 9/24/10 as parties object to guardianship/removal. Matter referred to
Court Investigator.
THIS CASE IS SET FOR HEARING ON Petition to Remove Guardian filed by Shanee
Rodell (maternal aunt), minors 5, 4.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1. Petitioner requests that current guardian be removed and that she be named
guardian of minors. Petitioner alleges that current guardian is not the maternal
grandmother of the minors; that she was the rep payee for mother’s social security
benefits and that she coerced the mother into allowing guardianship of the minors.
2. Petitioner alleges that maternal grandmother is Brenda Sparks.
3. Due diligence declarations filed as to both fathers and both sets of paternal
grandparents. Petitioner alleges that no father is listed on the minors’ birth
certificates and that no DNA or paternity has been established as to the purported
father #1 (Thornton). JTD
4. Objection filed by guardian, Goldie Jones.
5. Need Court Investigator report as ordered by Court on 9/24/10.
RECOMMENDATION:
Court’s discretion. See Petition for appointment on following page.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 2
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000031
FILING DATE; 02/18/10
CASE NAME: MATTER OF MICHAEL D THORNTON & STEVEN S DUFF
ALSO SEE PAGE 1
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
GOLDIE JONES
MICHAEL D THORNTON
STEVEN S DUFF
SHANEE RODELL
(PET)...PRO/PER
(MIN)...
(MIN)...
(PET)...PRO/PER
GENERAL INFORMATION:
Ex parte orders to remove guardian and to appoint Shanee Rodell denied 8/26/10.
Continued from 9/24/10 as parties object to guardianship/removal. Matter referred to
Court Investigator.
THIS CASE IS SET FOR HEARING ON Petition for Appointment of Guardian, person
only, by Shanee Rodell (maternal aunt), minors now 5, 4.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1. Maternal grandmother, Goldie Jones, was appointed guardian 3/26/10. As there is
no vacancy currently, Court must first make a determination re Petition for removal
of guardian (see notes on prior page).
2. Mother signed a nomination, waiver and consent.
3. Due diligence declarations filed as to both fathers and both sets of paternal
grandparents. Petitioner alleges that no father is listed on the minors’ birth
certificates and that no DNA or paternity has been established as to the purported
father #1 (Thornton).
4. Child Information Attachment shows maternal grandmother is Brenda Sparks, not
Goldie Jones as stated in original petition for appointment filed by Ms. Jones.
RECOMMENDATION:
Court’s discretion.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 3
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000050
FILING DATE; 03/10/10
CASE NAME: MATTER OF JACOB A SALSBURY
HEARING:
OSC re: DISMISSAL filed by AMANDA L SALSBURY
COUNSEL:
AMANDA L SALSBURY
(PET)...PRO/PER
JACOB A SALSBURY
(MIN)...
GENERAL INFORMATION:
Temporary guardianship granted 3/15/10.
Continued from 4/23/10 and 6/18/10 Copy of notes given to petitioner.
Continued from 8/20/10 for compliance. Copy of notes given to petitioner.
On 10/8/10 Court set this OSC hearing as there was no appearance. Clerk mailed
notice. Nothing new filed.
THIS CASE IS SET FOR HEARING ON OSC re Dismissal
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTEDThe following notes are continued from 10/8/10 re Petition for Guardianship, person
only, by maternal aunt, minor 4 months:
1.
Petitioner alleges CPS involvement. See Declaration filed 6/18/10.
2.
Petitioner requests authority to obtain medical and dental treatment for minor
as needed. See Declaration filed 6/18/10.
3.
As father is not listed on the minor’s birth certificate (copy filed) the father
and paternal grandparents are unknown. No notice is required.
4.
Need notice of hearing and proof of mail service on maternal grandparents,
and siblings 12 or older, or file due diligence declaration(s).
5.
Court is directed to tabbed portions of Guardianship Questionnaire and
Confidential Guardian Screening Form.
6.
Mother signed a nomination waiver and consent.
RECOMMENDATION:
Re OSC: Court’s discretion.
Re petition: Need to clear note 4.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 4
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000058
FILING DATE; 03/26/10
CASE NAME: MATTER OF T.DYE,A.MOORE, RYAN MOORE,T.MOORE
HEARING:
Hearing re: Petition for Appointment of Guardian
LISA MOORE
TAYAH M DYE
ASJA N MOORE
RYAN C MOORE
TAMYRA N MOORE
COUNSEL:
(PET)...STEPHANIE ROBERTS ST JOHN
(MIN)...
(MIN)...
(MIN)...
(MIN)...
GENERAL INFORMATION:
Temporary guardianship granted 3/30/10.
Continued from 4/30/10 at request of petitioner. Copy of Minute Order mailed to petitioner.
Continued from 8/27/10. No appearance. Parties advised that failure to appear may result
in dismissal. Clerk mailed notice. Nothing new filed.
Continued from 10/1/10 as matter is referred to DCS for report. Notice to be given by
petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal aunt (Moore), unrelated as to minor, Tayah Dye; minors 11, 9, 7 and 6
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1.
Need DCS report as petitioner is a non-relative to minor Tayah M. Dye.
2.
Petition indicates petitioner intends to adopt minors.
3.
Mother and Father #2 (Moore) signed waiver and consent.
4.
Need notice of hearing and proof of personal service on Father #1 (Dye),
5.
Need notice of hearing and proof of mail service on paternal grandparents
#1 (Dye), paternal grandfather #2 (Moore), and maternal grandmother or file
due diligence declaration(s).
RECOMMENDATION:
Need notice. Need DCS report.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 5
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000117
FILING DATE; 07/22/10
CASE NAME: MATTER OF NATHANIEL SANCHEZ
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
LISA JONES
(PET)...STEPHANIE ROBERTS ST JOHN
NATHANIEL SANCHEZ
(MIN)...
GENERAL INFORMATION:
Continued from 8/27/10 and 10/1/10 at request of counsel.
THIS CASE IS SET FOR HEARING ON Petition for Appointment of Guardian, ESTATE
ONLY, by mother, minor now 12.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1. Petitioner requests that no bond be required as the guardianship is for death
benefits to which minor is entitled. This is not a valid reason for a waiver of bond.
Court may wish to require that in lieu of bond, all deposits be placed in blocked
account. Alternatively Court may wish to order full bond of $53,460.00, which
includes the cost of recovery per CRC §7.207. JTD.
2. Father is deceased.
3. Need notice of hearing and proof of personal service on minor.
4. Need notice of hearing and proof of mail service on paternal grandparents,
maternal grandparents, and siblings 12 or older, or file due diligence declaration(s).
5. Petitioner requests authorization under Pr.C. §2590 as shown on attachment.
However petitioner only specifies the orders requested. Need verified supplement
listing the facts and reasons why each power is necessary.
6. Court to review Confidential Guardian Screening Form.
RECOMMENDATION:
Need to clear notes and Court’s determination re bond and 2590 powers.
If approved, Court to set future hearings for filing proof of bond or proof of deposit into
blocked account (suggest 30 days), for filing of Inventory & Appraisal per Pr.C.§2610 on
6/24/11 and for Accounting Review per Pr.C.§2620 on 1/26/12. Any accounting to be filed
30 days in advance. Note Local Rule requirements.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 6
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000121
FILING DATE; 07/28/10
CASE NAME: MATTER OF LAMAR A MOLETT
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
LASHAWN E NICHOLSON
(PET)...PRO/PER
LAMAR A MOLETT
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 9/3/10.
Continued from 10/1/10 as matter referred to DCS. Copy of notes given to petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
non-relative, minor 5
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Need DCS report as petitioner is a non-relative. Request for continuance to
1/7/11 filed by DCS.
2.
Mother signed a nomination, waiver and consent.
3.
As father is not listed on the minor’s birth certificate (copy filed) the father and
paternal grandparents are unknown. No notice is required.
4.
Petitioner alleges mother is cooperative, but will not give information as to
maternal grandparents.
5.
Need notice of hearing and proof of mail service on maternal grandparents or
file due diligence declaration(s).
Court to review the Guardianship Questionnaire and Confidential Screening
forms.
RECOMMENDATION:
Court may wish to continue at request of DCS to 1/7/11 or the first Friday available after
the requested date.
Need DCS report and notice.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 7
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000134
FILING DATE; 02/16/10
CASE NAME: MATTER OF DANIEL & RUBEN DELGADO
HEARING:
Hearing Re: STATUS (TRANSFER IN)
COUNSEL:
HORTENSIA DELGADO
(PET)...ADAM M ROSE
DANIEL EDUARDO DELGADO
(MIN)...
RUBEN ANGEL DELGADO
(MIN)...
GENERAL INFORMATION
Continued from 10/1/10 at request of counsel.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandmother, minors 3 and 2
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Notice of transfer indicates this matter was transferred from Orange County
Superior Court (30-2010-00344957-PR-LJC).
2.
The Court Investigator report filed in Orange County indicates the father has
physical custody of the minors and resides in Hesperia, CA.
3.
UCCJEA indicates there is a Family Law matter in Orange County that has a
judgment date of 7/7/08 and is still active. Court may wish to inquire as to the
current status.
4.
Petition indicates petitioner intends to adopt minors.
5.
Mother and father signed a waiver and consent.
6.
Child Information attachment indicates that the parties reside at the same
location in Anaheim, CA. As the Court Investigator report indicates this is not
the case, need an updated list of relatives’ addresses.
7.
Need Attachment 11 to the Confidential Screening form.
8.
Need Guardianship Questionnaire (Local form SB-18074).
9.
Need notice of hearing and proof of mail service on maternal grandparents and
paternal grandfather or file due diligence declaration(s).
RECOMMENDATION:
Need to clear notes 6-9 and Court’s determination re note 3.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 8
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000137
FILING DATE; 08/23/10
CASE NAME: MATTER OF KAYDEE VALARIA GARLAND
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
LILA J KIRK
(PET)...PRO/PER
WILLIAM I KIRK
(PET)...PRO/PER
KAYDEE JEAN VALARIA GARLAND
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 8/25/10.
Continued from 10/1/10 Court finds petitioner is the aunt of mother and matter is
referred to Court Investigator. Court finds mother continues to consent.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
non-relative, minor 2
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Mother signed a waiver and consent.
2.
Need notice of hearing and proof of personal service on father
3.
Need notice of hearing and proof of mail service on maternal grandparents or
file due diligence declaration(s).
4.
Court to review the Guardianship Questionnaire and Confidential Screening
forms for possible conflict (tabbed).
5.
Court Investigator report filed 11/9/10 for Court’s review.
RECOMMENDATION:
Need notice.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 9
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000145
FILING DATE; 08/27/10
CASE NAME: MF MATTER OF KATHERINE BUTLER
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
EVA ROMO
(PET)...PRO/PER
KATHERINE BUTLER
(MIN)...
JEFFREY G BROOKS
(MIN)...
GENERAL INFORMATION
Temporary Letters issued 9/3/10.
Continued from 10/1/10 as matter is consolidated with VGVS02149 – case
GARVS1000145 is deemed Master File. Copy of notes given to petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal aunt, minor 11
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Petitioner was appointed guardian 6/16/06 of minor’s half-sibling under case
number VGVS02149.
2.
Mother signed a nomination, waiver and consent.
3.
Father served via certified mail, as father resides outside of California.
4.
Notice complete.
RECOMMENDATION:
Court’s discretion.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 10
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000148
FILING DATE; 09/01/10
CASE NAME: MATTER OF TAHSJHANE I LEE
HEARING:
Hearing re: Petition for Appointment of Guardian
QIANA L PRIDGEN
TAHSJHANE I LEE
COUNSEL:
(PET)...PRO/PER
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 9/3/10.
Continued from 10/8/10 as matter is referred to DCS. Copy of notes given to
petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
non-relative, minor 5
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Need DCS report as petitioner is a non-relative. Request for continuance to
12/10/10 filed by DCS.
2.
Proof of personal service filed as to mother and maternal grandmother.
However, no Notice of Hearing is attached as noted in section 3. Thus, it cannot
be determined if proper notice was given. Need Notice of hearing and proper
proof of service.
3.
Need notice of hearing and proof of mail service on maternal grandfather or file
due diligence declaration(s)
4.
Petitioner alleges that no father is listed on the minor’s birth certificate, thus the
father and paternal grandparents are unknown. Does Court wish to require a
copy of the minor’s birth certificate? JTD
5.
Court to review the Guardianship Questionnaire and Confidential Screening
forms
RECOMMENDATION:
Court may wish to continue at request of DCS to 12/10/10 or the first Friday available after
the requested date.
Need notice and DCS report; Court’s determination re note 4.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 11
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000149
FILING DATE; 09/01/10
CASE NAME: MATTER OF LAURA URBAN
HEARING:
Hearing re: Petition for Appointment of Guardian
ANDRIA E REYES
JOSEPH R REYES
LAURA URBAN
COUNSEL:
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 9/3/10. Court advised petitioners to seek guardianship in
Arizona. Petitioners may appear by court-call at next hearing.
Continued from 10/8/10 for mother to file objections by 11/19/10 or they will be
deemed waived. The court orders the court investigator to contact cps re: any
investigation and report
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by sister
and spouse, minor 2 ½
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Petitioners live in the State of Arizona and request authority to move minor to that
state. Petition also indicates petitioners intend to adopt minor. On 9/3/10 Court
advised petitioners to seek guardianship in Arizona. On 10/8/10, Court finds
petitioner, Andria Reyes, has initiated a guardianship in Arizona. As the
minor is with petitioner in Arizona, question if Arizona has jurisdiction over
this California Court.
2. Mother and both grandmothers signed a waiver and consent. However, on 10/8/10,
Court finds Mother objects to guardianship and orders mother to file objections.
3. Need notice of hearing and proof of mail service on maternal grandfather or file due
diligence declaration.
4. Declarations filed by petitioners 9/29/10 concerning mother and father. Petitioners
request that declarations be reviewed by Court (orange tabs).
5. Objection filed by mother indicating guardianship is not necessary.
6. Father signed a waiver and consent.
7. Declaration filed by petitioners in further support of guardianship.
8. Court to review the Court Investigator’s report filed 11/15/10.
RECOMMENDATION:
Court’s determination re jurisdiction (note 1). Need notice on maternal grandfather, then
Court’s discretion.
(kra/fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 12
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000175
FILING DATE; 10/13/10
CASE NAME: MATTER OF GABRYELLA STAR TEMPLETON
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
TRACEY ANN TEMPLETON
RALPH TEMPLETON
GABRYELLA STAR TEMPLETON
(PET)...GUY A BOVEE
(PET)...GUY A BOVEE
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 10/15/10.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal grandparents, minor 4½
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Mother signed a nomination waiver and consent.
2. Petition and UCCJEA indicate there is a related Family Law matter in
VFLVS032663.
3. Proof of mail service filed as to father, but personal service is required. However,
as service indicates father resides outside California, service may be completed by
certified mail with return receipt. Need proper service.
RECOMMENDATION:
Need proper notice.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 13
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000179
FILING DATE; 10/13/10
CASE NAME: MATTER OF FRANCESCA AND TALULA SORIA
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
MARIA G AGUILAR
CARMEN S DOWELL
FRANCESCA D LORENZANA SORIA
TALULA S SORIA
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
(MIN)...
GENERAL INFORMATION:
Temporary Letters issued 10/15/10.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal aunts, minors 13 and 8
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Proposed guardians live at separate addresses. Petition indicates minors
currently reside with petitioner, Maria Aguilar. Court may wish to inquire as to
the care plan of proposed guardians.
2.
UCCJEA indicates that until recently, minors resided in Texas. Petitioners allege
that the Texas CPS is involved.
3.
UCCJEA indicates a related Family Law matter in case RFLRS041655.
4.
Father, paternal grandmother and minor, Francesca Soria, each signed a
waiver and consent.
5.
Mother personally served in Edinburg, TX on 11/2/10.
6.
Petition indicates that mother is not in agreement with the guardianship.
Question if an objection will be filed.
7.
Need notice of hearing and proof of mail service on paternal grandfather or file
due diligence declaration(s).
RECOMMENDATION:
Need notice on paternal grandfather, then Court’s discretion.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 14
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS1000180
FILING DATE; 10/13/10
CASE NAME: MATTER OF ALEXIS JAIDEN CROWE
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
MARY WALKER
ALEXIS JAIDEN CROWE
ALICIA C WYNN
REBECCA L WYNN
(PET)...PRO/PER
(MIN)...
(PET)...PRO/PER
(PET)...PRO/PER
GENERAL INFORMATION:
Temporary Letters issued to Mary Walker on 10/13/10.
At same-day Ex parte hearing 10/13/10 (no minutes provided), Mary Walker was
appointed temporary guardian. Petitioner’s declaration indicated CPS referral. However, it
does not appear that any notice was given.
Ex parte hearing 10/26/10 re temporary guardianship by petitioners Alicia and Rebecca
Wynn, Ex parte orders denied. Court finds petitioners are non relatives and refers matter
to DCS.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, minor 1 month
• Petition for person only, by non-relative (Mary Walker),
• Competing petition for person only, by non-relatives (Alicia and Rebecca Wynn)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTEDPetition by Walker:
1.
Need DCS report as petitioner is a non-relative. Request for continuance to
12/17/10 filed by DCS.
2.
Petitioner alleges CPS involvement. However, this appears to contradict with
the Guardianship Questionnaire. Court may wish to review the Questionnaire.
3.
Section 6c of the Child Information attachment is incomplete as to petitioner’s
intent to adopt minor. Court may wish to inquire.
4.
5.
6.
7.
8.
Petitioner alleges father is not listed on the minor’s birth certificate, thus, the
father and paternal grandparents are unknown. However, competing petitioner
alleges the father is Charles Bateham. Court may wish to require a copy of
minor’s birth certificate. JTD
Petitioners filed a single Guardianship Questionnaire as a married couple.
However, no date of marriage is given. Does Court wish to require petitioners to
file separate Guardianship Questionnaires? JTD
Need notice of hearing and proof of personal service on mother and father.
Need notice of hearing and proof of mail service on maternal grandparents and
paternal grandparents or file due diligence declaration(s).
Objection filed by competing petitioner, Rebecca Wynn.
PETITION BY WYNN IS SET FOR 12/17/10.
The following notes pertain to the petition by Wynn:
9.
Petitioners allege they are the adopted parents of minor’s biological sibling.
However, as they are non-relatives, need DCS report. Request for
continuance to 12/17/10 filed by DCS.
10.
Petition indicates an intent to adopt and petitioners allege an open adoption
relationship has been maintained with biological mother.
11.
Mother signed a nomination, waiver and consent.
12.
Need notice of hearing and proof of personal service on father.
13.
Need notice of hearing and proof of mail service on maternal grandparents and
paternal grandparents or file due diligence declaration(s).
14.
An Ex parte petition to remove temporary guardian was filed
contemporaneously with the petition for temporary guardianship set for
10/26/10. However, it is unclear if this matter was heard.
RECOMMENDATION:
Court may wish to continue at request of DCS to 12/17/10 or the first Friday available after
the requested date.
Require notice. Continue to 12/17/10 to be heard with competing petition.
(kra)
Future dates:
12/17/10 Hearing re: Petition for Appointment of Guardian by Wynn
Superior Court of Calif, County of San Bernardino
Page: 15
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS700011
FILING DATE; 04/11/07
CASE NAME: MATTER OF KAYLEE M STEVENS
HEARING:
Hearing re: Petition for Termination of Guardianship
COUNSEL:
MICHAEL NICHOLS
TINA NICHOLS
KAYLEE M STEVENS
TIMOTHY D STEVENS
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
(PET)...PRO/PER
GENERAL INFORMATION:
Maternal grandparents were appointed guardians on 5/25/07.
THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship by
father, minor now 4½
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Father states he wishes to have his parental rights back.
2.
Need notice of hearing and proof of mail service on mother, guardians/maternal
grandparents and paternal grandparents or file due diligence declaration(s).
RECOMMENDATION:
Need notice.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 16
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS800210
FILING DATE; 10/21/08
CASE NAME: MATTER OF FREDERICK A & CATALINO A JOHNSON
ALSO SEE PAGES 17 & 18
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
MARY A MERRITT
(PET)...PRO/PER
FREDERICK A JOHNSON
(MIN)...
CATALINO A JOHNSON
(MIN)...
BENNETT D MERRITT
(PET)...PRO/PER
GENERAL INFORMATION
Maternal grandmother, Mary Merritt, was appointed guardian 1/23/09.
Temporary Letters issued to Bennett Merritt 9/3/10 and matter was referred to the CI.
Continued from 10/1/10 as notice is incomplete. Copy of notes given to petitioner.
CPS is noticed
THIS CASE IS SET FOR HEARING ON Petition for Successor Guardianship, person only,
by maternal step-grandfather, as to minor Catalino Johnson (13), only.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
If the prior guardian is removed, Court may appoint a Successor Guardian.
Court will need to make a determination as to the matters on the following
pages re suspension and removal of guardian.
2.
Petitioner is requesting removal of the prior guardian and appointment as
Successor in order to continue to care for the minor, Catalino, only.
3.
Child Information attachment and the UCCJEA appear to conflict (yellow tabs).
Child Information attachment indicates a possible related Family Law matter in
Victorville (case FAMVS901486).
4.
Need notice of hearing and proof of personal service of Petition for appointment
on mother, father, minor 12 or older and guardian per Pr.C.§2670.
5.
6.
7.
Need notice of hearing and proof of mail service on siblings 12 or older,
biological maternal grandfather and paternal grandparents or file due diligence
declaration(s).
Court to review the Guardianship Questionnaire and the Confidential Screening
forms for possible conflict (tabbed).
Court Investigator report filed 11/15/10 for Court’s review.
RECOMMENDATION:
Need notice, then Court’s discretion.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 17
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS800210
FILING DATE; 10/21/08
CASE NAME: MATTER OF FREDERICK A & CATALINO A JOHNSON
ALSO SEE PAGES 16 & 18
HEARING:
Hearing re: Petition for Termination of Guardianship
COUNSEL:
MARY A MERRITT
(PET)...PRO/PER
FREDERICK A JOHNSON
(MIN)...
CATALINO A JOHNSON
(MIN)...
BENNETT D MERRITT
(PET)...PRO/PER
GENERAL INFORMATION
Maternal grandmother, Mary Merritt, was appointed guardian 1/23/09.
Temporary Letters issued to Bennett Merritt 9/3/10 and matter was referred to the Court
Investigator.
Continued from 10/1/10 as notice is incomplete. copy of notes given to petitioner.
THIS CASE IS SET FOR HEARING ON the following petitions are filed by maternal stepgrandfather, as to minor Catalino Johnson (13), only.
• Petition to suspend guardian’s powers
• Petition for Termination of Guardianship
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Petitioner alleges that the guardian “abandoned the family” and petitioner wishes to
continue to care for the minor, Catalino.
2. Mary Merritt was also appointed guardian of minor Frederick Johnson (15).
Petitioner alleges this minor is runaway. Although petitioner is only requesting the
removal of the guardian as to minor, Catalino, only, Court may wish to set hearing
as to the termination of the guardianship of minor, Frederick, and notice CPS that
the minor, Frederick, may need placement.
3. As petitioner does not have standing to petition for termination of guardianship per
Pr.C.§ 1601. Court may wish to deem the petition for termination as a petition to
remove the former guardian.
4. Need notice of hearing and proof of mail service on mother, father, minor and
siblings 12 or older, guardian, biological maternal grandfather and paternal
grandparents or file due diligence declaration(s).
5. Court Investigator report filed 11/15/10 for Court’s review.
RECOMMENDATION:
Need notice, then Court’s discretion.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 18
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS800210
FILING DATE; 10/21/08
CASE NAME: MATTER OF FREDERICK A & CATALINO A JOHNSON
ALSO SEE PAGES 16 & 17
HEARING:
Ex-Parte Motion Re: PTN FOR SUSPENSION OF GUARDIANS POWERS
COUNSEL:
MARY A MERRITT
(PET)...PRO/PER
FREDERICK A JOHNSON
(MIN)...
CATALINO A JOHNSON
(MIN)...
BENNETT D MERRITT
(PET)...PRO/PER
See notes on previous page (matter # 17).
Superior Court of Calif, County of San Bernardino
Page: 19
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS800241
FILING DATE; 12/03/08
CASE NAME: MATTER OF ZACHARY,ELIZABETH,HANNAH GUSTAFSON
HEARING:
Hearing Re: FIRST ACCNT OF GUARDIAN & PET REQSTNG APPR OF ACCT
COUNSEL:
DANIEL L GUSTAFSON
ZACHARY D GUSTAFSON
ELIZABETH N GUSTAFSON
HANNAH R GUSTAFSON
(PET)...PRO/PER
(MIN)...
(MIN)...
(MIN)...
GENERAL INFORMATION
Father was appointed guardian of the estate on 3/20/09, no bond required. Minors are
now 18 and 15 (twins).
Continued from 7/23/10. Copy of probate notes given to petitioner.
Continued from 8/27/10. No appearance. Parties are advised that failure to appear may
result in a citation being issued. Clerk mailed notice
Continued from 10/1/10. No appearance. Citation issued to Daniel Gustafson who is
ordered to appear.
THIS CASE IS SET FOR HEARING ON 1st account current
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Minor Zachary has attained majority. Need final accounting and petition for
termination of the guardianship of estate as to minor Zachary.
2.
Once a petition for termination is filed, Court may wish to deem this a final
account as to minor Zachary only. Discharge of guardian cannot occur sooner
than 1 year after the minor attains majority per Pr.C.§2627.
3.
Need Inventory and Appraisal per Pr.C.§2610. (Note Local Rules)
4.
Accounting period covers 3/20/09 – 5/28/10.
5.
Summary of account is incomplete as to sections 8-14 for each minor. Need
corrected summary of account per Pr.C.§1061.
6.
7.
8.
9.
As the summary of account is incomplete, it cannot be determined if the
accounting balances. However, it would appear that if no withdrawals or
disbursements were made, the accounting should balance.
All monies are held in blocked accounts and separate as to each minor.
Need notice of hearing and proof of mail service on each minor.
Proof of personal service of Citation filed.
RECOMMENDATION:
Need Inventory & Appraisal, corrected accounting and notice.
When an accounting is not filed as required, the court shall take action as specified in
Pr.C.§2620.2.
(kra/fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 20
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS900173
FILING DATE; 09/02/09
CASE NAME: MATTER OF CYRUS A & LISANDRO G BROWN
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
ISABEL MARTINEZ
CYRUS AURELIO BROWN
LISANDRO GAGE BROWN
(PET)...PRO/PER
(MIN)...
(MIN)...
GENERAL INFORMATION:
*SPANISH INTERPRETER NEEDED*
Temporary Letters issued 9/8/09
Continued from 12/11/09. Naomi Rodriguez, a representative from Walden House where
mother is staying, appeared. Court ordered Ms. Rodriguez to inform Mother that if she
intends to object to the guardianship she must file her objections by next hearing date.
Continued from 2/19/10 at request of mother. Petitioner states petition was completed
incorrectly and there is no Indian ancestry. Copy of notes given to petitioner.
Continued from 10/8/10 at request of petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandmother, minors 5 and 3
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Petitioner is paternal grandmother of minor Cyrus Brown and step-paternal
grandmother of minor Lisandro Brown. Thus, per Pr.C.§1513 petitioner is a
relative.
2.
Maternal grandparents and paternal grandfather #1 are deceased.
3.
On 8/13/10, Court accepts the due diligence declarations filed as to mother and
father #1 (Martinez).
4.
Court may wish to review the Confidential Screening form.
5.
Indian Child Inquiry indicates maternal grandmother is a member of the
Yankton Sioux Tribe. Notification of rights under Indian Child Welfare Act
(ICWA) must be served. On 8/13/10 Petitioner states petition was
6.
completed incorrectly and there is no Indian ancestry. Does Court wish to
require a written declaration as to Indian ancestry? JTD
Copy of Minute Order 10/8/10 mailed to petitioner was returned
undeliverable. Court may wish to require petitioner to file a notice of
Change in Address.
RECOMMENDATION:
Court’s discretion.
(kra/fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 21
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: GAR VS900230
FILING DATE; 12/04/09
CASE NAME: MATTER OF NASHAE C COLLINS
HEARING:
Hearing Re: APPTMNT OF GUARDIANSHIP
COUNSEL:
CHRISTINE COLLINS
(PET)...PRO/PER
NASHAE C COLLINS
(MIN)...
MARIETES M GONZALEZ-COLLINS (PET)...PRO/PER
GENERAL INFORMATION
Temporary Letters issued Christine Collins 12/8/09. Christine Collins was removed on
10/29/10 and Temporary Letters issued to Marietes Gonzalez-Collins.
Petition for appointment continued from 1/29/10 Copy of notes given to petitioner.
Petition for appointment on 3/26/10 OSC re Dismissal set as there was no appearance.
OSC continued from 5/14/10. Copy of probate notes given to petitioner.
OSC hearing 7/9/10 matter placed back on calendar. Copy of notes given to petitioner.
Continued from 8/13/10 for notice. Nothing new filed.
Continued from 10/1/10 as notice is incomplete. Copy of notes given to petitioner.
On 10/29/10 Court granted Ex parte Orders to remove Christine Collins as
temporary guardian. Court also appoints Attorney Sheri Kastilahn (pro/bono).
Request for transfer of matter to Los Angeles County granted.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandmother, minor 15
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Father, minor and sibling (Sharve Collins) each signed a waiver and consent.
2.
On 10/1/10 Court accepts due diligence as to mother.
3.
Need notice of hearing and proof of mail service on sibling (William Taylor) and
maternal grandparents or file due diligence declaration(s).
4.
Due diligence declarations filed as to maternal grandparents.
5.
6.
Competing petition filed by step-mother, Marietes Gonzalez-Collins. Court may
wish to continue matter to 10/17/10 to be heard with the competing petition.
Need proposed order re Transfer to Los Angeles County submitted.
RECOMMENDATION:
As Minute Order of 10/17/10 indicates this matter is to be transferred the issue before this
Court is moot. Need order re transfer.
(kra/fhl/kra)
Future dates:
12/17/10 Hearing re: Petition for Appointment by Marietes Gonzalez-Collins (may be
vacated once order re transfer filed)
Superior Court of Calif, County of San Bernardino
Page: 22
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01367
FILING DATE; 03/07/03
CASE NAME: ANGUIANO: JULIE, ANYSSA, JESSIE & ALEXIS
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
MARLENE ANGUIANO
(PET)...PRO/PER
JOHN EBERT
(PET)...PRO/PER
JULIE ANGUIANO
(MIN)...
ANYSSA ANGUIANO
(MIN)...
JESSIE ANGUIANO
(MIN)...
ALEXIS ANGUIANO
(MIN)...
CHRISTIAN GONZALES
(PET)...PRO/PER
SYLVER HERNANDEZ
(MIN)...
JULEE ANQUIANO
(MIN)...
JESSE ANQUIANO
(MIN)...
GENERAL INFORMATION
Paternal grandmother was appointed guardian 4/18/03.
Continued from 8/13/10 and 10/1/10 at request of petitioner and DCS. Copy of notes
given to petitioner.
THIS CASE IS SET FOR HEARING ON
• Petition to remove guardian
• Petition for Successor Guardianship, person only, by 2nd cousin, minors 13, 11, 9, 7
and 1½
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Marlene Anguiano, paternal grandmother, was appointed on 4/18/03. The
original petition for appointment included a friend/non-relative of paternal
grandmother, as a proposed co-guardian. However, Minute Order of 4/18/03
indicates “Court does not approve John Ebert as co-guardian.” Letters were
issued to Marlene Anguiano only.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Petitioner requests to remove John Ebert as guardian as he is no longer able to
care for minors. However, as John Ebert was never appointed as guardian (see
note 1) and as petitioner indicates that Marlene Anguiano is deceased, it
appears the issue as to the removal of guardian is moot.
Need DCS report as petitioner is a non-relative per Pr.C.§1513. Request for
continuance to 1/7/11 filed by DCS.
In the first petition filed 3/7/03, the eldest minor’s name was spelled “Julie”. This
petition spells the name as “Julee”. Question if these minors are one in the
same. If so, need verified supplement clarifying minor’s correct name spelling.
Court may wish to review the UCCJEA.
Father, minor and prior caretaker, John Ebert, signed a waiver and consent.
Paternal grandparents are deceased.
Need notice of hearing and proof of personal service on mother.
Need notice of hearing and proof of mail service on maternal grandparents or
file due diligence declaration(s).
Notice of No Report filed by DCS. Court may wish to inquire what steps
petitioner has taken to provide all items necessary to allow completion of the
Guardianship Homestudy.
RECOMMENDATION:
Court may wish to continue at request of DCS to 1/7/11 or the first Friday available after
the requested date.
re petition for removal: Petition is moot.
re appointment: Need DCS report and clear notes.
(kra/fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 23
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01491
FILING DATE; 09/17/03
CASE NAME: GUARDIANSHIP OF NEVAEH B. HALOTE
HEARING:
Hearing re: Petition for Termination of Guardianship
COUNSEL:
PATRICIA BLACKMON
NEVAEH B HALOTE
MARK HALOTE
(PET)...PRO/PER
(MIN)...WIL R MULLINS
(OBJ)...
GENERAL INFORMATION
Letters issued to maternal grandmother 10/31/05.
Continued from 7/30/10 at request of counsel as parties have reached an agreement, but
a signature is needed from one of the parties who lives out of state.
Continued from 10/1/10.
THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship by
father, minor 9
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. On 4/16/10 Court deemed Petition to terminate guardianship an Objection to
petition to fix residence out of State. As the Petition for termination has been
continued, does Court wish to revisit the order of 4/16/10?
2. On 6/11/10 court denied the petition to fix residence filed by guardian. Attorney
Mullins was appointed for minor and parties to share cost. Petitioner/Guardian was
ordered to remain in Victorville to meet with minor’s counsel.
3. Objection to termination/Response to objection to petition to fix residence filed by
guardian and mother. Mother states she currently resides in Salt Lake City, Utah.
4. On 6/25/10, court reviewed the report of counsel filed this date and referred the
matter to Dr. Suiter re bonding study cost of report paid by father. Court also
granted visitation with father until 8/1/10 and guardian is to have 2 weekly visits.
5. Need report of Dr. Suiter.
RECOMMENDATION:
Court’s determination re note 1.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 24
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01648
FILING DATE; 05/12/04
CASE NAME: MATTER OF ARRIC D RODRIGUEZ
HEARING:
Hearing Re: PROOF OF RESIDENCY IN ARKANSAS
COUNSEL:
MARY A O'ROURKE
(PET)...PRO/PER
RONALD A O'ROURKE
(PET)...PRO/PER
ARRIC D RODRIGUEZ
(MIN)...
GENERAL INFORMATION:
Continued from 10/8/10 No appearance. Clerk mailed notice.
THIS CASE IS SET FOR HEARING ON proof of Arkansas residency & guardianship
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
On 6/11/10 Court granted petition to fix residence and advised parties to seek
guardianship in Arkansas.
2.
No proof of guardianship of residency filed.
3.
On 10/8/10 Clerk mailed notice to petitioner at the Hesperia, CA address. If
there is no appearance, Court may wish to direct notice sent to petitioner
at 12441 Stoney Point Road, Rogers, AR 72758.
RECOMMENDATION:
Inquire status.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 25
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01826
FILING DATE; 01/27/05
CASE NAME: MTR OF SHANICE KARA VERA
HEARING:
Accounting Review
COUNSEL:
MARGARET OLIVA
(PET)...WIL R MULLINS
FRANK PEREDO
(PET)...WIL R MULLINS
SHANICE KARA VERA
(MIN)...
GENERAL INFORMATION:
Aunt and uncle appointed guardians of person and estate on 3/4/05, no bond, minor now 17.
Continued from 10/1/10 at request of counsel.
THIS CASE IS SET FOR HEARING ON Accounting Review.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1.
Second accounting approved 4/9/10.
2.
Need Third accounting to cover period 6/2/08 – 6/1/10.
RECOMMENDATION:
Find out status. When an accounting is not filed as required, the court shall take action as
specified in Pr.C. § 2620.2.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 26
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01848
FILING DATE; 02/15/05
CASE NAME: MTR OF TATUM L INGLEFIELD-BUSTILLOS
HEARING:
Hearing re: Petition for Termination of Guardianship
COUNSEL:
SHARON INGLEFIELD
TATUM L INGLEFIELD-BUSTLLOS
BRENT INGLEFIELD
(PET)...DAVID & TURNER
(MIN)...
(PET)...PRO/PER
GENERAL INFORMATION
Paternal grandmother was appointed 6/10/05.
Continued from 9/17/10 for mother, Cynthia Bustillos, to file objections to
termination. Or objections will be deemed waived.
THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship by
father, minor now 8
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Father alleges he is now able to care for minor.
2.
Notice complete.
3.
Objections filed by guardian, Sharon Ingelfield.
4.
Declarations filed in support of guardian.
5.
Declarations filed in support of father.
6.
Court may wish to refer matter to Court Investigator for an investigation
and report.
RECOMMENDATION:
Court’s discretion.
(kra)
Superior Court of Calif, County of San Bernardino
Page: 27
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS02012
FILING DATE; 10/03/05
CASE NAME: MTR OF QUIANNA A LIVINGSTON
HEARING:
Hearing Re: CONFIRMATION OF FUNDS IN BLOCKED ACCOUNT
COUNSEL:
PAMELA JOHNSON
LEON JOHNSON
QUIANNA A LIVINGTON
(PET)...PIERPONT M LAIDLEY
(PET)...PIERPONT M LAIDLEY
(MIN)...
GENERAL INFORMATION:
Continued from 8/20/10 and 9/24/10 at request of counsel.
THIS CASE IS SET FOR HEARING ON Proof of deposit into Blocked Account
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1.
On 4/30/10, Court approved Second Account.
2.
Need proof of blocked account for the ING Direct Account and the
Southwest Gas Corp Plan.
RECOMMENDATION:
Inquire status. When documents are not filed as ordered, court may set a hearing in
accord with Pr.C.§2655.
(fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 28
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS02090
FILING DATE; 02/17/06
CASE NAME: MATTER OF LANIIYAH, LAYVIN & LYNNAE FRANKLIN
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
COLLEEN MANGHANE
LANIIYAH ASHER
LAYVIN FRANKLIN
LYNNAE FRANKLIN
TIFFANY SEENEY
WILLIE M COBB
(PET)...PRO/PER
(MIN)...
(MIN)...
(MIN)...
(PET)...PRO/PER
(PET)...PRO/PER
GENERAL INFORMATION:
Amended general guardianship Letters issued to Colleen Manghane 1/14/10 as to
minors, Layvin and Lynnae, only.
Temporary Letters issued to Willie Cobb on 1/14/10 as to minor, Laniiyah, only.
Continued from 11/20/09 for mother, Tiffany Seeney to file written objections.
Continued from 1/8/10 as parties stipulate to terminate guardianship as to minor Laniiyah
only and that Willie Cobb is deemed temporary guardian of Laniiyah. Court finds mother’s
objection deemed waived as she is not present in Court.
Continued from 3/19/10. Court finds that $250 investigation fee is to be paid.
Continued from 4/30/10 at request of counsel.
Continued from 6/25/10 to clear notes.
Continued from 7/30/10 as copy of notes given to petitioner. Matter referred to CI.
Continued from 10/1/10 copy of notes given to petitioner.
THIS CASE IS SET FOR HEARING ON Petition for Successor Guardian, person only, by
Willie Cobb, 3rd cousin, as to minor, Laniiyah Asher (9), only
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Non-relative, Colleen Manghane, was appointed guardian 3/24/06. Petitioner
alleges guardian wishes to resign. Need resignation of guardian. Alternatively,
need petition for removal of guardian.
2.
3.
4.
5.
6.
7.
DCS Report filed 6/24/10.
Need notice of hearing and proof of mail service on siblings 12 or older and
maternal grandparents or file due diligence declaration(s).
Objection filed 3/19/10 by mother. However, Minute Order of 1/8/10 indicates
Court deemed mother’s objections waived as she was not present in Court.
Further declaration filed by objector on 11/9/10.
On 10/1/10 Court accepts due diligence as to father and paternal grandparents.
Notice of Withdrawal of Attorney of Record filed by Janis Hilke. However,
need substitution of attorney or Order on Motion to be relieved as counsel
filed.
RECOMMENDATION:
Need to clear notes 1, 3 & 7.
(kra/fhl/kra/fhl/kra)
Superior Court of Calif, County of San Bernardino
Page: 29
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:31 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01886
FILING DATE; 04/14/05
CASE NAME: MTR OF KYLE FIERRO
ALSO SEE PAGE 30
HEARING:
Hearing Re: PETITION FOR TERMINATION OF GUARDIANSHIP
COUNSEL:
LINDA FIERRO
ELIAS FIERRO
KYLE FIERRO
BRANDON JAMES FIERRO
ISABELLA FIERRO
KELLY FIERRO
BRANDON FIERRO
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
(MIN)...
(MIN)...
(OBJ)...PAUL R HORNAK
(PRO/PER)...PRO/PER
GENERAL INFORMATION:
Paternal grandparents, Linda & Elias Fierro, were appointed guardians of minor, Kyle
Fierro, on 1/6/06 and of minor, Brandon Fierro, on 11/21/07.
Temporary Letters issued to Linda & Elias Fierro as to minor Isabella Fierro on 5/7/09.
Continued from 4/2/10 as actions consolidated physically with VGVS01886.
Continued from 8/6/10
THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship by
Mother (Kelly Fierro), as to Temporary guardianship of minor, Isabella Fierro, only
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.
1. Mother is petitioner and requests termination of guardianship. Petitioner requests
that she be able to see her child with regular visitation with a step-up program for
weekends and then custody. Petitioner states that she has completed a parenting
class. Certificate of completion filed.
2. Maternal grandmother signed waiver and consent.
3. Notice complete.
4.
As paternal grandparents are guardians of related minors now consolidated
cases, question if mother will seek termination of guardianship as to minors
Kyle and Brandon Fierro.
RECOMMENDATION:
Court’s discretion.
(kra/fhl)
Superior Court of Calif, County of San Bernardino
Page: 30
Civil:Ste100 Crim/Traf:Ste200
CIVCAL4
Victorville District
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
---------------------------------------------------------------------DATE: 11/19/10
TIME: 8:31 DEPT: V12G
---------------------------------------------------------------------CASE #: VG VS01886
FILING DATE; 04/14/05
CASE NAME: MTR OF KYLE FIERRO
ALSO SEE PAGE 29
HEARING:
Hearing Re: PTN FOR APPT OF GUARDIANSHIP/REVIEW
COUNSEL:
LINDA FIERRO
ELIAS FIERRO
KYLE FIERRO
BRANDON JAMES FIERRO
ISABELLA FIERRO
KELLY FIERRO
BRANDON FIERRO
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
(MIN)...
(MIN)...
(OBJ)...PAUL R HORNAK
(PRO/PER)...PRO/PER
GENERAL INFORMATION:
Paternal grandparents, Linda & Elias Fierro, were appointed guardians of minor, Kyle
Fierro, on 1/6/06 and of minor, Brandon Fierro, on 11/21/07.
Temporary Letters issued to Linda & Elias Fierro as to minor Isabella Fierro on 5/7/09.
Continued from 12/18/09 counsel advised the Court that agreement was reached
regarding mother’s visitation with minor on Christmas Eve. Visitation to be supervised.
Continued from 2/26/10 at request of counsel, St. John.
Continued from 4/2/10 as actions consolidated and notice is incomplete. Copy of notes
given to petitioner. Visitation ordered for mother.
Continued from 8/6/10.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
paternal grandparents, as to minor, Isabella Fiearro, only, 1 year
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Father signed a nomination, waiver and consent.
2.
Petitioner alleges that the day of birth is unknown. Need copy of birth certificate.
3.
4.
5.
6.
7.
8.
9.
10.
Petition indicates minor is living with mother.
Consent to act signed by counsel. Need consent signed by proposed guardian
Linda Fierro.
Petition for termination filed by mother was dismissed on 8/7/09.
Objection to appointment filed by mother.
Declarations in support of mother’s objection filed by friends of mother.
Verification of enrollment in parenting program filed by mother.
Declaration by objector’s counsel indicates a request for visitation by mother.
Need notice of hearing and proof of mail service on maternal grandparents and
siblings 12 or older or file due diligence declaration(s).
RECOMMENDATION:
Need to clear notes 4 & 10.
(kra/fhl/kra)
State of California Superior Courts
Page: 31
ADD ON
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
-----------------------------------------------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 AM
DEPT: V-12G
CASE #:
GARVS1000024
CASE NAME: MATTER OF MANUEL SALVADOR HARD
HEARING:
Hearing Re: REMOVAL OF TEMP GUARDIAN BRADFORD HART
PET - HART, BRADFORD
MIN - HART, MANUEL SALVADOR
OBJ - CORDOVA, REINA
COUNSEL:
Atty - Pro/Per
Atty - Pro/Per
GENERAL INFORMATION:
Maternal grandfather, Bradford Hart, appointed temporary guardian 3/8/10.
Ex parte orders for removal of temporary guardian denied 4/6/10. Court deems Petition as
an objection to guardianship.
Continued from 4/16/10 all existing orders to remain in effect. Court deems Petition for
removal as an Objection to guardianship.
Continued from 6/11/10, 7/30/10 and 9/17/10.
Continued from 10/29/10 the Court finds the true name of the minor child to be:
Manuel Salvador Mendez III. Guardian, Bradford Hart, requests that the minor and
the mother both be DNA tested. Parties are to complete testing by week of 11-1-10.
The father is ordered to cooperate with the DNA testing. Matter is continued for the
DNA results-father is requesting visitation with the minor child.
THIS CASE IS SET FOR HEARING ON Petition to remove Bradford Hart as Temporary
Guardian, by Reina Cordova
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
On 4/6/10 and 4/16/10, Court deemed the instant petition as an objection to the
guardianship of Bradford Heart.
2.
DNA results filed in confidential envelope.
RECOMMENDATION:
None.
(kra)
Future dates:
02/04/11 Hearing re: Petition for Appointment of Guardian
State of California Superior Courts
Page: 32
ADD ON
PROBATE/GUARDIANSHIP/CONSERVATORSHIP CALENDAR
HONORABLE ROBERT J LEMKAU
-----------------------------------------------------------------------------------------------------------DATE: 11/19/10
TIME: 8:30 AM
DEPT: V-12G
CASE #:
GARVS1000036
CASE NAME: MATTER OF MARVIN TOWNS, JR
HEARING:
OSC RE: DISMISSAL
PET - JACKSON, DEBRA R
MIN - TOWNS, MARVIN JR
OBJ - TOWNS, AVA S
COUNSEL:
Atty - Pro/Per
GENERAL INFORMATION:
Paternal grandmother appointed temporary guardian 3/1/10.
Hearing re appointment continued from 4/16/10; from 7/2/10 as maternal grandmother
withdraws her objections orally; from 8/27/10 mother’s objection deemed waived by her
non-appearance in court. Court finds that mother has absconded with minor and believe
mother now lives in Van Nuys; from 9/24/10. Court finds minor child and his mother are
living with maternal grandmother.
THIS CASE IS SET FOR HEARING ON OSC re Dismissal with proof of guardianship in
Los Angeles by maternal grandmother
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1.
Matter came on for Petition for Guardianship, person only, by paternal
grandmother (Debra Jackson), minor 3, on 10/29/10. Court finds that the minor
child is living with the maternal grandmother Ava Towns. The court finds that the
objector, Ava Towns, has filed a petition for guardianship in LA County and that
temporary orders have been granted in LA County. Permanent guardianship
should be granted on 11/17/10. Ava Towns is ordered to appear at next hearing.
2.
Need appearance by maternal grandmother, Ava Towns.
3.
Need proof of Los Angeles Guardianship.
RECOMMENDATION:
Court’s discretion
(kra)