Post on 28-Mar-2019
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
1 Frankie Eddie Vogel (GUARD/P) Case No. 03CEPR00402 Petitioner: Teresa Sanchez (Pro per – Guardian)
Petition for Termination of Guardianship
TERESA SANCHEZ, non-relative/guardian, is
petitioner.
Court Investigator report filed 1/13/2017.
Please see petition for details.
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/25/2017.
The following issues remain:
1. The Notice of Hearing filed
12/12/2016 was defective
(contained the wrong
hearing date). Need
Notice of Hearing for the
3/8/17 hearing and proof
of service of the notice at
hearing at least 15 days
before the hearing or
consents and waivers of
notice for:
a. Frank Vogel Sr. (father)
b. Renee Stover (paternal
grandmother)
c. Clarence Vogel
(brother) – if 12 years or
older
d. Frankie Vogel (ward)
Cont. from 012517
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9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/2/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 1- Vogel
1
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
2A Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Conservator Dale, Jeffrey (Pro Per – Spouse – Conservator of the Estate only)
Conservator of the Estate's Motion to Exonerate Bond of Assetless Conservatorship and
Motion to Waive Bond and Order
JEFFREY DALE, Conservator of the
Estate, is Petitioner.
Petitioner states he was appointed
conservator of the estate in 2008 and
has satisfactorily performed his duties to
date. The accounting has been duly
filed and accepted by this court. The
last accounting showed that all assets
have been correctly and lawfully
expended on behalf of the
Conservatee. The estate is assetless,
and there appears to be no need for
future annual bonds to be imposed on
the conservator of the estate. The
Conservator of the Estate is informed
and believes that an old bond placed
upon the conservator in 2009 is still in
place.
Petitioner prays that the Court find
good cause exists and the court order
that the bond be exonerated and
waive the requirement for an annual
bond on Mr. Dale.
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/25/17. Notice
issues have now been cured.
Cont. from 092616,
102416, 120516,
012517
Aff.Sub.Wit.
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Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 2A- Dale
2A
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
2B Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Conservator Dale, Jeffrey (Pro Per – Spouse – Conservator of the Estate only)
Amended Fourth Account and Report of Conservator of the Estate
JEFFREY DALE, Conservator of the Estate, is Petitioner. Account period: 6/30/14 – 8/1/16 Accounting: $280,144.59 Beginning POH: $280,144.59 Ending POH: $0 Petitioner states the conservatorship is assetless since the last accepted account. During the period of the account, there were no cash assets. Petitioner has received no compensation for his services as conservator and is requesting none at this time. On 10/14/08, the conservatee was moved to Oakdale Heights (now Cottonwood Court), a residential care facility and remains there. GORDON PANZAK will continue as conservator of the person. Petitioner states a request for special notice was received after the accounting was filed and special notice has now been given. The conservatorship estate ran out of funds during 2013 and the conservatee’s debts were paid from funds borrowed by the conservator, who is the conservatee’s husband. In July 2014, the court ordered the sale of the conservatee’s principal residence. The net proceeds of the sale after taxes, fees, and encumbrances were paid, netted the conservatee $17,314.99. Said money was spent on behalf of the conservatee’s monthly lodging and maintenance. Petitioner requests that: 1. The Court find that the Notice of Hearing of
this account, report and petition was given as required by law;
2. The Court make an order approving, allowing and settling the account and report of the conservator in all respects as filed;
3. The Court grant such other relief as it considers just and proper.
NEEDS/PROBLEMS/ COMMENTS: Continued from 1/25/17. The following issues remain noted:
SEE PAGE 2
Cont. from 012517
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Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 2B- Dale
2B
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
2B Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Page 2 – NEEDS/PROBLEMS/COMMENTS: 1. Need clarification as to whether the Conservatee receives Social Security or other benefits or
income, and if so, whether it is handled by Petitioner as payee or by the care facility as share of cost, or other. (Accounting indicates zero receipts. Account statements indicate various transfers into the conservatorship account, but this appears to be explained as Petitioner covering expenses. However, it is unusual for a conservatee to have zero income whatsoever.)
2. Closing escrow statement indicates Gordon Panzak was paid $500.00 for attorney and petition fees. Need clarification as to authorization for such payment from escrow.
3. The petition does not explicitly request termination of the conservatorship estate; however, it appears the estate is depleted, and the Conservator has requested exoneration of his bond at Page A. The Court may require clarification.
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
3 Donald Campbell (CONS/PE) Case No. 10CEPR00319 Attorney: Heather H. Kruthers (for Petitioner Public Guardian)
Fourth and Final Account and Report of Conservator; Petition for
Allowance of Compensation to Conservator and Attorney; and Distribution
DOD: 5/8/16 PUBLIC GUARDIAN, Conservator, is
petitioner.
Account period: 8/25/15 – 5/8/16
Accounting - $225,936.43
Beginning POH - $187,944.43
Ending POH - $196,857.86
Subsequent account period: 5/-/16 -
1/6/17
Accounting - $198,338.73
Beginning POH - $196,857.86
Ending POH - $196,847.28
Conservator - $1,443.48
(7.65 Deputy hours @ $96/hr and
709.08 Staff hours @ $76/hr)
Attorney - $1,250.00
(per Local Rule)
Bond fee - $738.18
(o.k.)
Petitioner prays for an Order:
1. Approving, allowing and
settling the fourth and final
account;
2. Authorizing the conservator
and attorney fees and
commissions;
3. Payment of the bond fee;
4. Distribution of remaining
property on hand to the Public
Administrator.
NEEDS/PROBLEMS/COMMENTS:
1. The Conservatee is deceased.
His sole heir is his nephew, Nelson
Campbell. The petition states no
one has filed a petition for
probate, therefore, this matter
will be referred to the Public
Administrator. There is no record
in Odyssey that an estate has
been open for Donald Campbell.
The court may wish to continue
this matter until the Public
Administrator has filed for and
been appointed as the
Administrator of the Estate of
Donald Campbell prior to
ordering distribution to the Public
Administrator.
Cont. from
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Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 3- Campbell
3
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
4 Herman L. McCloud (Estate) Case No. 15CEPR00724 Attorney: Jon P. Adams (for Petitioner/Executor Linda P. McCloud)
First and Final Account and Report of Administrator
DOD: 4/3/15 LINDA P. MCCLOUD, Executor, is petitioner.
Account period: 10/22/15 – 12/5/16
Accounting - $1,202,414.89
Beginning POH - $1,186,378.25
Ending POH - $1,142,193.76
Executor - $24,955.86
(statutory)
Attorney - $24,955.86
(statutory)
Reimbursement of Expenses to Crystle
Tinges - $2,733.56 (lost wages,
rental car, fuel, etc.)
Closing - $5,000.00
Will devises the income on the residue of
the estate to a Testamentary Trust for the
benefit of Victory Life Center Church for
the lifetime or Pastor Ron Shirley and then
to local Christian Schools for “kids who
normally could not afford to attend.”
The named trustee of the Testamentary
Trust declines to act, therefore, Petitioner
requests Bruce Bickel be appointed as
Trustee. If Bruce Bickel is unwilling or
unable the Matt Bickel will be appointed
as successor Trustee. Both are to serve
with bond.
Please see additional page
NEEDS/PROBLEMS/COMMENTS:
1. Order does not comply
with Local Rule 7.6.1A.
Balance of estate on hand
that will be distributed to
the Testamentary Trust
must be specifically listed
and not just identified as
the remainder of the
estate.
2. Based on the value of the
property to be distributed
to the Testamentary Trust, it
appears that the Trustee’s
bond should be set at
$1,083,000.00
Cont. from
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Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation:
✔ FTB Notice File 4- McCloud
4
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
4 Herman L. McCloud (Estate) Case No. 15CEPR00724
Distribution, pursuant to Decedent’s Will, is to:
Jerry Lee McCloud - $100.00
Shonda Lyn Clements - $1.00
Pastor Ron Shirley for Victory Life
Center Church - All interest earned on gross trust estate, to date
$1,369.88
Bruce Bickel as Trustee of the
Herman L. McCloud Testamentary Trust - Balance of estate.
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
5 Teresita Recel (Estate) Case No. 15CEPR00933 Attorney Boyajian, Thomas M. (for Administrator Pedro F. Reyes) Petition for Final Settlement and Final Distribution, Waiver of Account, For Allowance of Statutory Fees for the Administrator, for the Allowance of Extraordinary Fees for the Administrator, Statutory Fees for the Attorney and for Various Reimbursements
DOD: 8/11/09 PEDRO F. REYES, Administrator with Full IAEA without bond, is Petitioner. Accounting is waived I&A: $160,000.00 POH: $171,675.47 (cash) Administrator (Statutory): $6,850.00 Attorney (Statutory): $6,850.00 Reimbursement to Matthew Tugas: $17,763.37 – Petitioner states the decedent’s real property was in need of extensive cleanup internally and externally and had also been vacant since her death. It was not habitable and the landscape was overgrown and full of debris. Petitioner hired Matthew Tugas, with experience in rehabilitation of real property, and Mr. Tugas had four individuals who assisted him in rehabilitation and salability of the house. Mr. Tugas would like to be paid $20/hr for his work, including preparing the project, supervising workers, purchase of materials, and wages and expenses relating to the project. See petition and Exhibit B for details. Administrator (Extraordinary): $19,094.66 Petitioner states the actions of him as Administrator and Mr. Tugas salvaged the real property and increased its value for sale by $35,000.00. Administrator requests extraordinary fees for sorting, classifying, hundreds of items and preparation of packing of boxes for mailing to the sole beneficiary, the decedent’s sister (Philippines). These expenses included paying for individuals to assist Administrator for 8 days totaling 6 hr/day, $576 per person, total $2,880.00. In addition, Petitioner paid outstanding property taxes of $14,205.66, $449.00 for utilities during rehabilitation of the residence, $1,000.00 for filing, publication, and other costs, and $560.00 for mailing such boxes to the beneficiary. Costs: $400.00 (CPA) Closing: $1,000.00 Distribution pursuant to intestate sucession: Asteria Raguindin: $119,717.44
NEEDS/PROBLEMS/ COMMENTS:
Aff.Sub.Wit.
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Inventory
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Not.Cred.
Notice of Hrg
Aff.Mail w
Aff.Pub.
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Letters
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CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates: 3/3/17
Citation Recommendation:
FTB Notice File 5- Recel
5
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
6 Olivia Salas (Estate) Case No. 15CEPR01078 Attorney Kruthers, Heather H. (for Public Administrator)
Status RE: Filing of the Inventory and Appraisal
DOD: 6/6/15 The FRESNO COUNTY PUBLIC ADMINISTRATOR
was appointed Successor Administrator on
9/14/16.
At the hearing on 9/14/16, the Court set this
status hearing for the filing of the Inventory
and Appraisal.
Status Report filed 2/28/17 states the PA
investigated the matter and has determined
that the estate consisted of $182,000 real
property, less encumbrances of $113,431,
and $5,000 personal property.
Prior to the PA’s appointment, the real
property was sold at a trustee’s sale and
vesting was thereafter held in MRO
Investments, Inc., a California corporation.
Although the asset was in existence at date
of death, it no longer is, and was not at the
PA’s appointment. Therefore, the PA
proposes that the real property not be
inventoried, but rather that proceeds
(explained below) be accounted for.
The report states the decedent’s son, Joseph
Salas, reported taking all furniture, and one
of the daughters, Stephanie Camacho,
transferred the vehicle into her name shortly
after her mother passed away.
The PA was prepared to report that there
were no assets, but on 12/5/16 the Trustee
contacted the PA to report that there were
excess proceeds from the sale of approx.
$40,000.00. The PA received and returned a
claim form and has received the funds and
has sent the file to the CPA to determine if
taxes are owed.
A status hearing is set for 11/15/17 for the
filing of the final account. The PA requests
this status hearing be taken off calendar and
that she file the account or a status report
before the November hearing.
NEEDS/PROBLEMS/COMMENTS:
Aff.Sub.Wit.
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Inventory
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CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 6- Salas
6
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
7 Jessie Ochoa (GUARD/P) Case No. 16CEPR00468 Petitioner: Berta Isabel Ochoa Castro (Pro per – Mother)
Petition for Visitation
BERTA ISABEL OCHOA CASTRO, mother, is
petitioner
JOSEFINA CASTRO MENDOZA and BENITO
MENDOZA, maternal grandmother and
step-grandfather were appointed co-
guardians on 9/6/2016.
See petition for details.
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/11/2017.
The following issues remain:
1. Need Notice of Hearing.
2. Need proof of service at least
15 days before the hearing of
the Notice of Hearing on:
a. Josefina Castro Mendoza
(guardian)
b. Benito Mendoza (guardian)
c. Jesse Ochoa (father)
Cont. from 110216,
011117
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Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/2/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 7- Ochoa
7
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
8 William Roland Davidson (Estate) Case No. 16CEPR00505 Executor Davidson, William (Pro Per – Executor – Petitioner)
Petition for Final Distribution on Waiver of Accounting
DOD: 4/21/16 WILLIAM DAVIDSON, Son and Executor
with Full IAEA without bond, is Petitioner.
Accounting is waived
I&A: $199,700.72
POH: $172,118.27 cash plus stock
Executor waives statutory compensation.
Costs: $435.00 (filing)
Distribution pursuant to decedent’s will is
to:
David A. Davidson: $85,841.64 plus
192.064812 shares of stock
William R. Davidson: $85,841.64 plus
192.064812 shares of stock
NEEDS/PROBLEMS/COMMENTS:
Aff.Sub.Wit.
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Aff.Mail w
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CI Report
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 8- Davidson
8
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
9 Richard Baiza Velasquez (Estate) Case No. 16CEPR00640 Attorney Bianco, John P. (of Visalia, for Executor Eric Velasquez)
First and Final Account and Report of Executor and Petition for Settlement Thereof; for
Allowance of Statutory Attorney's and Executor's Compensation; for Allowance of Costs
Advanced, and Final Distribution
DOD: 1/5/16 ERIC VELASQUEZ, Executor with Full
IAEA without bond, is Petitioner.
Account period: not stated
Accounting: $200,000.00
Beginning POH: $200,000.00
Ending POH: $200,000.00
(real property)
Executor (Statutory): Waived
Attorney (Statutory): $7,000.00
Costs: $1,448.00 (filing, publication,
appraisal)
Distribution pursuant to Decedent’s will:
Eric Velasquez: A 33 1/3% interest in the
real property (Tenant In Common)
Elaine Kirchner: A 33 1/3% interest in the
real property (Tenant In Common)
Mike Velasquez: A 33 1/3% interest in
the real property (Tenant In Common)
NEEDS/PROBLEMS/COMMENTS:
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 9- Velasquez
9
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
10 Irene A Adams (Estate) Case No. 16CEPR00755 Attorney Gunner, Kevin D. (for Administrator Kathy Raye Krog)
Waiver of Accounting and Petition for Final Distribution and for Allowance of Statutory Fees
DOD: 10/24/15 KATHY RAYE KROG, Administrator with
Full IAEA without bond, is Petitioner.
Accounting is waived
I&A: $175,000.00
POH: $175,000.00 (real property)
Administrator (Statutory): Waived
Attorney (Statutory): $6,250.00
Distribution pursuant to intestate
succession:
Kathy Raye Krog: An undivided 50%
interest in the real property
Walter Michael Adams: An undivided
50% interest in the real property
NEEDS/PROBLEMS/COMMENTS:
Aff.Sub.Wit.
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 10- Adams
10
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
11 Anthony Jacob Ibanez (CONS/P) Case No. 16CEPR00799
Petitioner: Yolanda Ibanez (Pro per – Mother/Co-conservator of the Person)
Petitioner: Merrissa Madrigal (Pro per – Sister/Co-conservator of the Person)
Petition for Appointment of Probate Conservator of the Estate
NO TEMPORARY REQUESTED
YOLANDA IBANEZ and MERRISSA MADRIGAL,
mother and sister were appointed co-
conservators of the person on 10/20/2016.
Petitioners are now requesting appointment as
co-conservators of the estate without bond.
Court Investigator supplemental report filed
1/25/2017.
Please see petition for details.
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR. Request for Dismissal was filed
and entered 3/1/2017.
Cont. from 012517
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Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/2/2017
UCCJEA Updates:
Citation x Recommendation:
✔ CVRC w File 11- Ibanez
11
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
12 Louis A. Camacho (Estate) Case No. 16CEPR00813 Attorney Kruthers, Heather H. (for Public Administrator)
Status RE: Filing of the Inventory and Appraisal
DOD: 6/8/16 The FRESNO COUNTY PUBLIC
ADMINISTRATOR was appointed
Administrator on 9/14/16.
At the hearing on 9/14/16, the Court set
this status hearing for the filing of the
Inventory and Appraisal.
Status Report filed 2/28/17 states the PA
requires more time to complete the I&A
as the parties turned over volumes of
paper to sort through to the PA. In
addition, the PA is having more trouble
than usual determining which assets are
the decedent’s. See report for
examples, including a vehicle, furniture
and furnishings. The PA will have to work
with the purported wife who resides in
the home to determine what is
community property (if the court
determines she is a spouse) and what is
the decedent’s separate property.
The PA requests that this matter be set
no sooner than 6/7/17.
NEEDS/PROBLEMS/COMMENTS:
Note: Petition for Determination of
Entitlement to Distribution and Family
Allowance for Surviving Spouse filed
by Ortencia Martinez-Ramirez
Camacho on 10/25/16 was
continued to 3/14/17 for discussions
and set for trial on 3/28/17.
1. Need Inventory and Appraisal per
Probate Code §8800.
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 12- Camacho
12
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
13 Araceli Gonzalez Vega, Jose Luis Gonzalez Vega, Case No. 16CEPR01027
Jose Antonio Gonzalez Vega, Nayeli Gonzalez Vega, and
Octavio Reyes Vega (GUARD/P)
Petitioner Vaca, Maria Francisca (Pro Per – Maternal Grandmother – Petitioner)
Petition for Appointment of Guardian of the Person
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Minute Order 1/25/17: The Court will allow service of the father by mail, but a proper proof of service must be filed. As of 3/2/17, the following issue remains noted: 1. Declaration of Due Diligence was
filed 12/27/16 re Jose Luis Gonzalez Uvalle (Father). If diligence is not found, need personal or mailed service pursuant to Probate Code §1511 and minute Order 1/25/17.
Cont. from 120716,
012517
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Clearances
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates: 3/2/17
Citation Recommendation:
FTB Notice File 13- Vega
13
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
14 Aurelio Duarte (Spousal) Case No. 16CEPR01057 Petitioner: Guadalupe Castillo de Villalobos (Pro per)
Amended Spousal Property Petition
DOD: 8/3/2016 GUADALUPE CASTILLO DE VILLALOBOS,
surviving spouse, is petitioner
No other proceedings
Decedent died intestate
Petitioner states:
She and decedent were married in 1989 in
Mexico, remained married and
continuously lived together as husband
and wife from 1989 to the date of
decedent’s death in 2016.
At the time of the marriage, decedent
owned no real property and owned
personal property of not more than
$500.00. Petitioner and decedent came to
California in 2005; their net worth was no
more than a few hundred dollars. During
the marriage, decedent did not receive
any property by inheritance nor any
property of significant value by way of gift.
The real property subject to this petition
was acquired in 2010 through the
combined efforts of the parties. However,
at the time of the purchase, petitioner
signed an inter-spousal transfer deed to
decedent in 2010 in order to obtain a
better interest rate on the loan.
Decedent’s real property subject to this
proceeding was community property, but
was held in decedent’s name as his sole
and separate property due to the inter-
spousal transfer deed.
It was always understood notwithstanding
the form of conveyance by which the
property was taken or acquired, including
all property held in the name of either
spouse alone, would be and remain their
community property.
Please see additional page.
NEEDS/PROBLEMS/COMMENTS:
1. Petitioner is asking that the
Court recognize decedent’s
separate property as
community property and pass
it to her 100% as surviving
spouse. If the Court is unable
to make a determination that
decedent’s separate property
was in fact, community
property, via the laws of
intestacy, petitioner may only
pass 1/3rd of decedent’s
separate property interest to
herself as surviving spouse; the
other 2/3rds interest would
pass to the children subject to
administration in the estate of
the decedent.
2. Items 4a and b are
incomplete re: if decedent
was a resident of California.
3. Need order.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/2/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 14- Duarte
14
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
14 Aurelio Duarte (Spousal) Case No. 16CEPR01057 Page 2
Petitioner states, continued:
Decedent died without a will and is survived by three adult children in addition to the surviving
spouse. Under the laws of intestate succession, the surviving spouse is entitled to receive 1/3rd of
decedent’s separate property. However, by this petition, surviving spouse is asking that the Court
recognize the property as community property. Accordingly, the separate property listed in the
petition passes as community property to decedent’s surviving spouse.
Petitioner requests court determination that decedent’s 100% separate property interest in real property
(APN 460-074-17) passes to her as community property.
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
15 Richard Russell (Det. Succ) Case No. 16CEPR01184 Petitioner Matlock, Vivian Pilar (Pro Per)
Petition to Determine Succession to Real Property
DOD: 01/29/2016 VIVIAN PILA MATLOCK, is
petitioner.
40 days since DOD
No other proceedings
I&A - $110,000.00
Decedent died intestate
Petitioner requests Court
determination that Decedent’s
100% interest in real property
located at 36501 Sand Creek
Rd. Squaw Valley pass to Vivian
Pila Matlock.
NEEDS/PROBLEMS/COMMENTS:
Minute Order of 01/18/2017: Examiner notes given.
The following issues remain:
The deficiencies with the pleadings include, but are
not limited to, the following:
1. Petition was filed using a fee waiver. Costs of
administration must be paid prior to property
passing to the decedent’s heirs. Therefore, the
filing fee of $435.00 must be paid to the Court
prior to the signing an order to pass the property.
2. It is unclear what the petitioner’s relationship is to
the decedent. Need clarification.
3. #9a(1) or #9a(2) of the petition was not
answered regarding spouse.
4. #9a(3) or #9a(4) of the petition was not
answered regarding registered domestic partner.
5. #9a(7) or #9a(8) of the petition was not
answered regarding issue of predeceased child.
6. Need Attachment 14 which lists names,
relationships to decedent, ages and residence so
far known to or reasonably ascertainable by
petitioner. Note: Notice may be required to
those listed in Attachment 14.
8. Need Order. Local Rule 7.1 states a proposed
Order shall be submitted with all pleadings that
request relief. If the proposed order is not
received in the Probate Filing Clerk’s Office ten
(10) days before the scheduled hearing, a
continuance may be required.
Cont. from 011817
Aff.Sub.Wit.
✔ Verified
✔ Inventory
PTC
Not.Cred.
Notice of Hrg ✗
Aff.Mail ✗
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order ✗
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/03/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 15- Russell
15
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
16 Janelle Sandoval (GUARD/P) Case No. 16CEPR01203 Petitioner Sanchez, Claudia Galindo (Pro Per – Maternal Grandmother)
Petition for Appointment of Guardian of the Person
NO TEMPORARY REQUESTED
CLAUDIA GALINDO SANCHEZ,
maternal grandmother, is petitioner.
Father: JAVIER SANDOVAL, consents
and waives notice
Please see petition for details
NEEDS/PROBLEMS/COMMENTS:
Minute Order of 01/25/2017:
Examiner notes provided in open
court.
All issues have been cleared.
Cont. from 012517
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w/
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. w/
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
✔ CI Report
9202
Order
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/03/2017
✔ UCCJEA Updates:
Citation Recommendation:
FTB Notice File 16- Sandoval
16
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
17A Shirley Ann Petch (Estate) Case No. 16CEPR01207 Attorney: Randolf Krbechek (for Renee Petch – Petitioner)
Petition for Letters of Administration; Authorization to Administer Under the
Independent Administration of Estates Act
DOD: 11/1/2016 RENEE PETCH, sister, is petition and
requests appointment as administrator
with full IAEA without bond.
All heirs waive bond.
Full IAEA – o.k.
Decedent died intestate
Residence: Fresno
Publication: Fresno Business Journal
Estimated value of Estate:
Personal property $ 1,500.00
Annual gross income: $ 0.00
Real property: $ 190,000.00
Total: $ 191,500.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
Note: If the petition is granted, status
hearings will be set as follows:
Tuesday, August 8, 2017 at 9:00 a.m.
in Department 303, for the filing of
the inventory and appraisal.
Tuesday, May 8, 2018 at 9:00 a.m. in
Department 303, for the filing of the
first account or petition for final
distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10 days
prior the date set the status hearing will
come off calendar and no
appearance will be required.
Cont. from 1/11/17
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Petn Admn
✔ Aff.Mail w
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/3/2017
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 17A – Petch
17A
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
17B Shirley Ann Petch (Estate) Case No. 16CEPR01207 Attorney: Randolf Krbechek (for Renee Petch – Petitioner)
Order to Show Cause re: Failure to Appear
DOD: 11/1/2016 RENEE PETCH petitioned for
appointment as administrator and
hearing was set for 1/11/2017.
The matter was not preapproved due
to a service defect.
At the hearing on 1/11/2017, there were
no appearances.
Minute order dated 1/11/2017 issued
this OSC to Randolf Krbechek for failure
to appear. A Clerk’s Certificate of
Mailing of the OSC minute order was
completed 1/13/2017.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/3/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 17B- Petch
17B
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
18 Vanchai “Von” Sundara (CONS/P) Case No. 17CEPR00032 Petitioner Sundara, Tengone “Cindy” (Pro Per – Sister – Petitioner)
Petition for Appointment of Probate Conservator of the Person
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Court Investigator advised
rights on 1/17/17.
Voting rights affected – need
minute order.
Minute Order 2/15/17: The
family is in agreement.
Examiner notes given.
As of 3/1/17, the following
issue remains noted:
1. The Proof of Service of
Citation (Page 3) is
incomplete and does not
state the address where
the proposed conservatee
was served, the date and
time service occurred, or
the server’s information.
Need clarification.
Cont. from 021517
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/1/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 18- V. Sundara
18
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
19A Simon Castro (Det. Succ) Case No. 17CEPR00082 Attorney Hornburg, Thomas E. (of Visalia, CA, for Petitioners)
Petition to Determine Succession to Real Property
DOD: 7/8/16 Petitioners are:
MARIA DEL ROSARIOR RODARTE DE
CASTRO, Spouse
AUGUSTINA CASTRO, Daughter
SIMON CASTRO, Son
MARIA CASTRO, Daughter
GUADALUPE CASTRO, Daughter
LUSMILA CASTRO, Daughter
MITZI LIZARDO, Guardian ad Litem
for DAVID CASTRO, Minor Grandson
40 days since DOD
No other proceedings
I&A: $110,000.00 (real property in
Sanger, CA)
Decedent died intestate
Petitioners request Court determination
that the Decedent’s 100% interest in
the real property passes to them 1/3 to
the spouse, and 1/6 of the remaining
2/3 interest each to the children and
grandson.
NEEDS/PROBLEMS/COMMENTS:
CONTINUED TO 4/20/17 Per attorney request
Note: Page B is the Ex Parte Petition
for Appointment of Mitzi Lizardo as
GAL for David Castro, which was set
for noticed hearing pursuant to this
Court’s Order of 2/6/17.
1. The attorney did not sign the I&A.
2. Notice was served on the minor
beneficiary “c/o” his mother,
Mitzi Lizardo; however, Cal. Rule
of Court 7.51 requires direct
notice to minors.
3. If granted, the minor heir will
receive a 1/9 undivided interest
in the real property, a value of
approx. $12,222.22. The Court
may require establishment of a
guardianship estate pursuant to
Probate Code §3611.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates: 3/6/17
Citation Recommendation:
FTB Notice File 19A- Castro
19A
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
19B Simon Castro (Det. Succ) Case No. 17CEPR00082 Attorney Hornburg, Thomas E. (of Visalia, CA, for Petitioner)
Ex Parte Petition for Appointment of Guardian Ad Litem-Probate
MITZI LIZARDO, Mother, is Petitioner
and requests appointment as
Guardian ad Litem of DAVID CASTRO,
a minor.
Petitioner states the minor is the son of
Eustrojio Castro, predeceased son of
the decedent Simon Castro, and thus
a beneficiary. Petitioner is the
surviving parent of said minor and has
been advised that appointment as
GAL is necessary to represent the
minor’s interests in the probate
proceeding.
NEEDS/PROBLEMS/COMMENTS:
CONTINUED TO 4/20/17 Per attorney request
Note: Page A is Petition to Determine
Succession to Real Property of
Decedent Simon Castro, this minor’s
grandfather.
1. The Order entered 2/6/17
required 15 days’ notice to all
interested parties. Therefore, need
proof of service of Notice of
Hearing with copy of petition on
all interested parties, including
direct notice to the minor per Cal.
Rule of Court 7.51.
2. The petition requests authorization
to represent the minor’s interests
in the probate proceeding;
however, the filing is actually a
summary proceeding. As such,
the Court may require that the
Order Appointing GAL be more
narrowly tailored to authorize
Petitioner to execute such petition
on the minor’s behalf.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
x
Aff.Mail x
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates: 3/6/17
Citation Recommendation:
FTB Notice File 19B- Castro
19B
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
20 Vaughn Alexanian (Estate) Case No. 17CEPR00087
Attorney Peter Russo (for Petitioner Marjorie D. Ekparian)
Petition for Probate of Will and for Letters Testamentary with Authorization to
Administer under the Independent Administration of Estates Act
DOD: 8/25/2015 MARJORIE D. EKPARIAN, sister, and
named Executor without bond, is
Petitioner.
Full IAEA: OK
Will Dated: 8/17/2004
Residence: Fresno
Publication: Fresno Bee
Estimated value of the Estate:
Real property - $0.00
Personal property - $0.00
Total - $0.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
1. Item 3(d) of the Petition
regarding estimated value of
the estate indicates the value
as $0.00. Need information as
to the character and
estimated value of the
property of the estate
pursuant to Probate Code §
8002(a)(4), in particular for the
purposes of determining
whether opening a full
probate of Decedent’s estate
is necessary and appropriate.
2. Need Confidential
Supplement to Duties and
Liabilities of Personal
Representative form, pursuant
to Local Rule 7.10.1 and
Probate Code § 8404.
~Please see additional page~
Cont. from
Aff.Sub.Wit. S/P
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp Supp
X
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 20- Alexanian
20
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
20 Additional Page, Vaughn Alexanian (Estate) Case No. 17CEPR00087
NEEDS/PROBLEMS/COMMENTS, continued:
3. Decedent’s Will devises the estate residue to the Trustee of the VAUGHN ALEXANIAN 1997 TRUST.
Item 8 of the Petition does not list the Trustee(s) of the Trust. Probate Code § 1208(b) provides if the
personal representative and the Trustee of a Trust are the same person, then notice shall be given
to the Trust beneficiaries. Need the name(s) of the Trustee(s), and if applicable, the names of the
Trust beneficiaries, to be listed in Item 8 of the Petition, and proof of service of Notice of Petition to
Administer Estate served to the Trustee and all Trust beneficiaries.
Note: If Petition is granted, Court will set Status Hearings as follows:
Monday, August 7, 2017 at 9:00 a.m. in Dept. 303 for the filing of the final inventory and appraisal;
and
Monday, May 7, 2018 at 9:00 a.m. in Dept. 303 for the filing of the first account and/or petition for
final distribution.
Pursuant Local Rule 7.5, if the documents noted above are filed 10 days prior to the dates listed, the
hearings will be taken off calendar and no appearance will be required.
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
21 Nancy Lee Kilgore (Estate) Case No. 17CEPR00093 Attorney: Jeff S. Shepard (for Petitioner Christopher F. Kilgore)
Petition for Probate of Will and for Letters Testamentary with IAEA
DOD: 1/11/17 CHRISTOPHER F. KILGORE, named
executor without bond, is petitioner.
Full IAEA – o.k.
Will dated: 9/24/13
Residence: Selma
Publication: Selma Enterprise
Estimated value of the Estate:
Personal property - $500,000.00
Annual income - $ 10,000.00
Real property - $150,000.00
Total - $660,000.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
Note: If the petition is granted,
status hearings will be set as
follows:
Wednesday, August 9, 2017 at
9:00 a.m. in Department 303,
for the filing of the inventory
and appraisal.
Wednesday, May 9, 2018 at
9:00 a.m. in Department 303,
for the filing of the first account
or petition for final distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10
days prior the date set the status
hearing will come off calendar
and no appearance will be
required.
Cont. from
Aff.Sub.Wit. S/P
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
✔ Aff.Mail W/
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 21- Kilgore
21
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
22 Kimberly A Lomen (Estate) Case No. 17CEPR00095 Attorney: Lee S.W. Cobb (for Petitioner Allen Lung)
Petition for Probate of Will and for Letters Testamentary and IAEA
DOD: 12/6/16 ALLEN LUNG, named executor without
bond, is petitioner.
Full IAEA – o.k.
Will dated: 7/22/15
Residence: Fresno
Publication: Fresno Business Journal
Estimated value of the Estate:
Personal property - $ 3,000.00
Real property - $200,000.00
Total - $203,000.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
Note: If the petition is granted,
status hearings will be set as
follows:
Wednesday, August 9, 2017 at
9:00 a.m. in Department 303,
for the filing of the inventory
and appraisal.
Wednesday, May 9, 2018 at
9:00 a.m. in Department 303,
for the filing of the first account
or petition for final distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10
days prior the date set the status
hearing will come off calendar
and no appearance will be
required.
Cont. from
Aff.Sub.Wit. S/P
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
✔ Aff.Mail W/
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 22- Lomen
22
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
23 Troy Joseph Bishop (CONS/P) Case No. 17CEPR00102
Petitioner Eric Armando Bishop (Pro Per, father)
Petitioner Frances Marie Bishop (Pro Per, mother)
Petitioner Brett Eric Bishop (Pro Per, brother)
Petition for Appointment of Probate Conservator of the Person
ERIC ARMANDO BISHOP, father, FRANCES
MARIE BISHOP, mother, and BRETT ERIC
BISHOP, brother, are Petitioners.
~Please see Petition for details~
Court Investigator’s Report was filed on
3/1/2017.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
✔ Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 23- Bishop
23
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
24 Gregory Tolmachoff (CONS/PE) Case No. 17CEPR00103 Attorney Shahbazian, Steven L. (for Petitioner Diana Tolmachoff)
Petition for Appointment of Probate Conservator of the Person and Estate
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Court Investigator was unable
to advise rights – See Court
Investigator’s report.
1. Need Citation and proof of
personal service of Citation
with a copy of the petition
at least 15 days prior to the
hearing per Probate Code
§1824 on Proposed
Conservatee Gregory
Tolmachoff.
2. Petitioner does not check
the box at #1g to request
that the Conservatee be
adjudged to lack capacity
to give informed consent
for medical treatment
under Probate Code §2355;
however, did check the
box at #9 re medical
treatment and did submit a
Capacity Declaration.
Need clarification as to
whether medical consent
powers are requested, and
if so, further notice to the
proposed conservatee and
relatives may be necessary.
3. Need video receipt per
Local Rule 7.15.8.A.
4. Need Letters.
SEE ADDITIONAL PAGES
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv. x
Conf.
Screen
Letters x
Duties/Supp
Objections
Video
Receipt
x
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
Citation x Recommendation:
FTB Notice File 24- Tolmachoff
24
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
24 Gregory Tolmachoff (CONS/PE) Case No. 17CEPR00103
Page 2 – NEEDS/PROBLEMS/COMMENTS:
5. Petitioner states at #3b that she is not a creditor of the proposed conservatee; however, the
Court Investigator’s Report states Petitioner reported that her son stole her credit card and
charged $3,000.00 of merchandise, and also that she has paid her son’s mortgage and expenses
for the past few years. The Court may require clarification re whether Petitioner intends to seek
reimbursement from the conservatorship estate.
Note: If granted, the Court will set status hearings as follows:
Wednesday, April 26, 2017 for filing bond;
Wednesday, July 12, 2017 for filing the Inventory and Appraisal;
Wednesday, May 9, 2018 for filing the First Account.
Dept. 303, 9:00 a.m. Wednesday, March 8, 2017
25 Blia Xiong (CONS/P) Case No. 17CEPR00120 Petitioner: Xiong M. Vang (pro per)
Petitioner: Bao Vang (pro per)
Petition for Appointment of Probate Conservator
THERE IS NO TEMPORARY. No
temporary was requested.
XIONG VANG, sister-in-law, and BAO
VANG, mother, are petitioners
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
✔ Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/2/17
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 25- Xiong
25