Judge: Holly J. Fujie, Case: BC562840, Date: 2024-10-24 Tentative Ruling

Case Number: BC562840    Hearing Date: October 24, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner Soledad Weaver, as guardian ad litem for Antonio Rosales (“Petitioner”)

The Court has considered the moving papers.  No opposition papers were filed.

BACKGROUND

             On October 17, 2024, Petitioner filed this Petition to Withdraw Funds from Blocked Account (“Petition”), seeking to withdraw the remaining balance on the blocked account (“Account”) of Plaintiff Antonio Rosales (“Plaintiff”), and to close out the Account.  Petitioner represents herself as the guardian ad litem for Plaintiff, an adult who had a physical and mental disability, whom Petitioner states is now deceased.

DISCUSSION

            CRC Rule 7.954 states that “[a] petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.”  (Cal. Rules of Court, rule 7.954(a).)

            Petitioner’s Form MC-357 indicates that the depository is J.P. Morgan Chase Bank, the current balance in the Account is $11,176.01, and indicates previous withdrawals made on the Account.  The Form also indicates Plaintiff’s date of death as “July 16, 2024.”  Petitioner submits, as justification for the requested withdrawal, that Plaintiff is “deceased and based on Mr. ROSALES (sic), Power of Attorney, final funds should be dispensed in accord with it.” 

The Court finds that the request is improper as Petitioner has not submitted the purported Power of Attorney nor a certified copy of the death certificate of Plaintiff.  Moreover, heirs of deceased incompetent are real parties in interest and have a right to intervene in the administration of the Account.  (In re Clanton's Est. & Guardianship (1915) 171 Cal. 381, 153.)  Thus, to support the Petition, Petitioner was also required to submit a declaration regarding whether there is or ever was a probate proceeding regarding Plaintiff’s estate and, if so, the result of such proceeding.  If there was no probate proceeding, Petitioner is to submit a declaration regarding Plaintiff’s heirs.

RULING

Accordingly, the Petition is DENIED without prejudice.

Moving party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 24th day of October 2024