Judge: John B. Scherling, Case: 37-2023-00020124-PR-CP-CTL, Date: 2024-01-12 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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CENTRAL COURTHOUSE TENTATIVE RULINGS - January 11, 2024
01/12/2024 02:00:00 PM 502 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:John B Scherling
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Probate Conservatorship Of Person And Estate Motion to Quash (Probate) 37-2023-00020124-PR-CP-CTL CONSERVATORSHIP OF HELEN KARAFILIS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Notice of Motion and Supporting Declarations, 09/27/2023
Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to Quash Subpoenas Duces Tecum (ROA 93) filed by Helen Karafilis and the Motion to Quash Subpoenas (ROA 95) filed by Milton Karafilis are CONTINUED to March 1, 2024, at 2 p.m. in light of the declaration of the Court Appointed Attorney filed on January 8, 2024 (ROA 128) regarding a conflict of interest that has developed with respect to his representation of the proposed conservatee, Helen Karafilis.
The parties are expected to appear on January 12, 2024, for a status conference. The Court intends to relieve attorney Branson and appoint new counsel for Ms. Karafilis.
Further, to the extent that the scope of Milton Karafilis's Power of Attorney (whether the CAA is required to follow the instructions of the attorney-in-fact for Ms. Karafilis and/or whether a GAL should be appointed) is an issue that bears on the motions to quash, the new CAA for Ms. Karafilis may file supplemental briefing on the issue. As previously noted, the CAA may file a motion to address any issues raised in ROA 111, with the CAA being the moving party and briefing according to CCP 1005(b).
(See ROA 122, Minute Order filed Nov. 30, 2023.) Counsel for Helen Karafilis is directed to serve notice of ruling on all parties in accordance with the provisions of CCP ยง 1019.5(a).
IT IS SO ORDERED.
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