Account and Report PRC

Cal. Super. - 2nd Dist.January 25, 2018

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: OXNARD DIVISION June 30, 2020 09/22/2020 09:00:00 AM DEPT.: J6 COUNTY OF VENTURA JUDICIAL OFFICER: Roger Lund CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Probate Conservatorship Of Estate Only 56-2018-00507214-PR-CE-OXN IN THE MATTER OF JAZZ HART Account and Report (PRC) - Due 05/15/19 CAUSAL DOCUMENT/DATE FILED: Petition on Current Account, 07/03/2019 stolo 2) Amended First and Final Account and Report ***** The deficient first accounting, the insufficient supplement, the declaration by counsel, the SNT, and the contradictory corrected I&As all display a profound misunderstanding or ignorance of conservatorship law. It appears to the Court that the problem here is the conservator's counsel, not the conservator per se. Conservator should consider finding new counsel to prepare the Amended Account. Issues to be addressed in the Amendment are as follows: - Petition the Court for a Substitution Judgement to create a SNT. (Prob. C. § 2580; Conservatorship of Kane (2006) 137 Cal.App.4th 400.) The current SNT dated 5/22/18 is invalid and should never have been funded. The Court did NOT give authority to create a SNT nor approval to the terms of the SNT since counsel failed to petition the court prior to establishing. As such all assets are part of the Conservatorship and shall be part of the accounting. - The I&A shall be for the values of the assets as of 3/23/18, the date that Kamila Brill was first appointed conservator of the estate of her sister, Jazz Hart. - File Amended/Corrected inventory and appraisals. Cash assets (Chase #1079) are appraised by the Conservator, while non-cash assets (ie. mutual funds, securities, and bonds) are to be presented to the Probate Referee for appraisal. [Since the Fidelity IRA account was a non-cash account, it needs to be appraised by a probate referee. The statement for 3/23/18 for the Fidelity IRA account shall be given to the Probate Referee Gregory Gose]. - The Amended First Account period shall be a one year period from the date of appointment, from 3/23/18 through 3/22/19. Prob. C §2620(c)(2). - Bank statements for the beginning balance on 3/23/18 and the ending balance on 3/22/19 shall be provided to the court. Prob. C §2620(c)(2). - The account report shall explain in words what happened with the funds during the period. - The support of the summary shall be detailed in the schedules. Prob C §1061 & 1062. Schedules shall be in the format required in the judicial counsel forms [Forms GC-400, et seq. can be found on the court's website]. (Beginning Assets; Receipts, Disbursements, Distributions, Ending Balance on Hand.) Including additional schedules set forth in Prob C. §1063. Counsel St. Clair to review Prob. C. §§ 1060 et seq. and §§ 2620 et seq. - Why are there payments for DMV, Lease payments & Car insurance when there is no vehicle listed on the I&A as an asset of the conservatorship? - Why was $11,000 given to Conservatee? There was no allowance provision in the Order or Letters? Itemize out what Conservatee used it on. - Itemize out on a schedule the detail for each transaction totaling $11,458.70 in disbursements. The $4,505.05 (Sch E) should be part of this schedule. TENTATIVE RULINGS Page: 1 CASE NUMBER: CASE TITLE: IN THE MATTER OF JAZZ HART 56-2018-00507214-PR-CE-OXN - Attorney fee Declaration needs to provide information required by California Rules of Court 7.7514(b) and CRC 7.702(1-6) before the court will approve fees to be paid. - When the Amended Account is filed, Notice of hearing is required to be given to the conservatee and her Public Defender counsel. (Prob. C. §§ 2621, 1460(b)(2), 1214.) - Proposed Accounting Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible. A very limited number of people will be allowed in Department J6 at one time to comply with safety protocols. Face coverings (masks, etc.) are required at all times to enter the courthouse and Department J6, and appropriate social distancing in the courtroom and inside the courthouse shall be maintained at all times. You are encouraged to bring your own face covering to Court if you intend to appear in person. In order to expand access to justice and still maintain social distancing protocols in Department J6 and the courthouse, the Court has set up a new, free Public Access number for Department J6 through CourtCall, effective June 15, 2020 for all hearings in Department J6. Any interested person or member of the public can dial in and observe the court (audio only) using the phone number below. They will not be able to speak or participate on this free public line. Please note that this number is specific to Department J6. Dial: (855) 268-7844 Public Access Code: 12129803# Public PIN: 12129803# (The access code and PIN are the same number, the number must be entered twice.) For general information regarding Judge Lund and his courtroom rules and procedures, please visit: http://www.judgerogerlund.com. TENTATIVE RULINGS Page: 2