Judge: Daniel S Belsky, Case: 37-2022-00013860-PR-CP-CTL, Date: 2023-12-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 26, 2023

12/28/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Conservatorship Of Person And Estate Motion Hearing (Probate) 37-2022-00013860-PR-CP-CTL CONSERVATORSHIP OF SHIRLEY LEE FOLTZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 11/13/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to be Relieved as Counsel is CONTINUED to February 6, 2024, at 9 a.m. for counsel to correct the deficiencies noted below.

The motion is filed on mandatory judicial council forms, provides the required information, and generally complies with CRC 3.1362, including with respect to service of motion the papers, which were served on the client and all parties that have appeared in the case. (ROA 49, Proof of Service.) However, counsel's declaration contains an incorrect date of February 26, 2024, regarding the next hearing set for February 6, 2024, to review the conservator's first and final report. (See ROA 46, Decl., at p. 2.) Further, counsel also requests attorney's fees and costs, but has not filed any report pursuant to Local Rule, rule 4.15.13. (Super. Ct. San Diego County, Local Rules, rule 4.15.13(A) ['Counsel appointed by the court must serve and file a written report to the court at least five court days prior to the hearing,' and this report must 'include a fee request in the prayer' among other information.].) Instead, counsel submitted a table briefly describing the work performed. (See ROA 46, Attachment 2.) Counsel requests an order awarding $387.50 in fees and costs and directing that these fees and costs be paid by the County.

In the Petition for Approval of First and Final Report of Conservator (ROA 40), which is set for review on February 6, 2024, the conservator states that he believes attorney Linton 'will review this petition, the proposed estate planning documents and file a report with the Court on behalf of her client. Ms. Linton will be provided notice of hearing of this petition and served with a copy of this petition in sufficient time to allow her to review this petition, prepare, and file her report prior to the hearing.' (Pet., at p. 7, ¶ 11.) Further, on June 16, 2022, when the Court granted the petition for appointment of a conservator (ROA 1), the Court ordered that the CAA's fees were to be paid by the estate, and not the County. (ROA 24.) Thus, the motion is CONTINUED to allow counsel to correct the deficiencies noted with the declaration in support of the motion, and to serve all parties and file the proof of service.

As for the request for attorney's fees and costs, attorney Linton is directed to file a report in compliance Calendar No.: Event ID:  TENTATIVE RULINGS

3054287 CASE NUMBER: CASE TITLE:  CONSERVATORSHIP OF SHIRLEY LEE FOLTZ [IMAGED]  37-2022-00013860-PR-CP-CTL with rule 4.15.13 prior to the review hearing, and to serve all parties and file proof of the same.

Attorney Linton is directed to serve written notice of ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3054287