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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2023-05-25
Status Pending
Type Petition For Probate
Docket 92 entries

Parties

Plaintiff Etienne, Joseph F
Photo of Hon. Kendall, Andrew B.

Judge

Hon. Kendall, Andrew B.

Kern County (CA)

California

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Lawyers

Docket Entries

  1. Comment Petition for Probate of Will and for Letters Testamentary Authorization to Administer Under the Independent Administration of Estates Act with Full Authority
  2. Comment Personal Representative
  3. Comment Notice of Lodging Revocable Trust
  4. Comment -Decedent's Estate or Trust, HRG 06/29/23
  5. Comment to Attachment 3g(3) to Petition for Letters of Special Administration - HRG 6/29/23. J1
  6. Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Held Comment READY FOR HEARING
  7. Judicial Officer Myers, Brett V.
  8. Comment NOTICE OF UNAVAILABILITY OF COUNSEL
  9. View Document Rejection/Correction Notice Comment Letters of Special Administration
  10. Judicial Officer Myers, Brett V. Hearing Time 8:30 AM Comment Petition for Probate of Will and for Letters Testamentary Authorization to Administer Under the Independent Administration of Estates Act with Full Authority
  13. View Document Rejection/Correction Notice
  14. View Document Rejection/Correction Notice
  15. View Document Rejection/Correction Notice
  16. Comment Ex Parte Application for Modification of administrator's authority; memorandum of points and authorities and declaration of Joseph F. Etienne in support therof
  17. Comment Declaration of Notification to Joseph Etienne
  18. Comment Declaration of Notification to Cathy Treadwell
  19. Comment Declaration of Notification Elza Edmonds
  20. Comment Declaration of Notification to Belva Bradshaw
  21. Comment Declaration of Notification to Felix Diaz
  22. Comment Declaration of Notification to Jesus Ayala
  23. Comment Declaration of Notification to Richard Martinez
  24. Comment Declaration of Notification to Ben Wageman
  25. Comment Declaration of Notification to Richard Rojas
  26. Comment Declaration of Notification to William Broderick-Villa
  27. Comment Declaration of Notification to Cynthia Formano
  28. Comment Declaration of Notification to Sandra McCormack
  29. View Document Ex Parte Hearing 10/19/2023 Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Held Comment NOT READY FOR HEARING Ex Parte Application for Modification of administrator's authority; memorandum of points and authorities and declaration of Joseph F. Etienne in support therof COMMENTS/NOTES: 1. Need proof of ex parte hearing notice to all persons entitled to notice 2. Petitions for special and general letters state petitioner is a resident of California; JTD whether to require amended petitions or express notice that petitioner is now a nonresident to all interested persons 3. As nonresident, petitioner must comply with PrC 8570-8577; see also PrC 8465(f) [personal representative who changes residence outside of CA is deemed to have resigned] 4. Bond should be required; PrC 8571; CRC 7.201
  30. Judicial Officer Myers, Brett V. Comment Order on Ex Parte Application of Modification of Special Administrators Authority
  31. Comment Notice of Change of Address
  32. Comment of Order HRG 12/21/23 J1
  33. Comment HRG 12/21/23 8:30 AM J-1
  34. Comment Proof of Publication
  35. View Document Rejection/Correction Notice
  36. Comment Ex Parte Application for modification of special administrator's authority; memorandum of points and authorities and declaration of Joseph F. Etienne in support thereof
  37. Comment to Petition for Probate-HRG 12-21-23, J1
  38. View Document Petition for Probate of Will 12/21/2023 Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Held Comment NOT READY FOR HEARING - NOTE - 1. Need clarification whether the will does preclude administration of this estate under the Independent Administration of the Estates Act (IAEA) since box number 4 is not marked, but petitioner is requesting for IAEA powers in number 2c.
  39. Comment HRG 12/28
  40. Comment to Ex Parte Application- HRG 12/27/23, J1
  41. View Document Ex Parte Hearing 12/27/2023 Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Continued - Party's Motion Hearing Comment NOT READY FOR HEARING Ex Parte Application for modification of special administrator's authority; memorandum of points and authorities and declaration of Joseph F. Etienne in support thereof REVISED NOTES: 1. Petitioner to verify whether decedent had a partnership agreement 2. Is petitioner seeking to transfer estate funds to trust and pay attorney fees from trust? Payment of compensation in estate case requires advance court approval; PrC 10501(a)
  42. View Document Ex Parte Hearing 12/28/2023 Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Held Comment EX PARTE APPLICATION FOR MODIFICATION OF SPECIAL ADMINISTRATORS AUTHORITY; MEMO OF POINTS AND AUTHORITIES AND DEC OF JOSEPH F ETIENNE IN SUPPORT THEREOF
  43. Comment Notice of Related Case
  44. View Document Rejection/Correction Notice Comment [Proposed] Order on Exparte Application for Modificationof Special Administrator's Authority- PLACED IN ATTORNEY BIN STEPHEN DAKE
  45. Judicial Officer Myers, Brett V. Comment ORDER ON EX PARTE APPLICATION FOR MODIFICATION OF SPECIAL ADMINISTRATOR S AUTHORITY
  46. Comment $5,651.24
  47. Comment of order
  48. View Document Rejection/Correction Notice
  49. Comment $13,827.07
  50. Comment to Petition for Order HRG 02/22/24 J1
  51. View Document Petition for Order 02/22/2024 Judicial Officer Myers, Brett V. Hearing Time 08:30 AM Result Continued - Court's Motion Hearing Comment NOT READY FOR HEARING Petition for order for return of trust assets NOTES: 1. Need verified supplement with names and addresses of each person entitled to notice; PrC 17201 2. Need proof that hearing notice on mandatory form DE-115 with requisite advisements and copy of petition were properly served on all persons entitled to notice, including financial institutions and persons in possession of real property with service in accordance with CCP 413.10 et seq.; PrC 851 and 17203 3. Need copies of current title documents to all real and personal property sought to be transferred to trust (e.g., copies of grant deeds and financial statements showing how title to real properties and bank accounts currently held); Kern local rule 8.15(b) COMMENT: 1. Appears Heggstad petition should be filed in trust case, BPB-23-002475
  52. View Document Ruling 03/05/2024 Hearing Time 8:00 AM Result Ruling
  53. View Document Rejection/Correction Notice Comment PEREMPTORY CHALLANGE
  54. Comment Motion for peremptory disqualification; declaration of Craig N. Braun in support of motion
  55. View Document Ruling 03/26/2024 Hearing Time 8:00 AM Result Ruling
  56. View Document Rejection/Correction Notice Comment CMC Statment
  57. Judicial Officer Avila, Wendy L. Hearing Time 10:00 AM Cancel Reason Other Comment case management conference re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  58. Judicial Officer Avila, Wendy L. Hearing Time 10:00 AM Cancel Reason Other Comment RE: Re-setting of Petition for Order for Return of Trust Assests and Re-setting of Court Trial dates
  59. Comment HRG 04/24/24
  60. View Document Case Management Conference 04/24/2024 Judicial Officer Kendall, Andrew B. Hearing Time 8:30 AM Result Continued - Court's Motion Hearing Comment READY FOR HEARING - RE PETITION FOR PROBATE OF WILL COMMENT/NOTE - 1. No written objection to petition for probate of will has been filed. 04/24/24 CALENDAR #01
  61. View Document Review 04/24/2024 Judicial Officer Kendall, Andrew B. Hearing Time 8:30 AM Result Continued - Court's Motion Hearing Comment NOT READY FOR HEARING - RE: Re-setting of Petition for Order for Return of Trust Assests and Re-setting of Court Trial dates SAME NOTES - 1. Need verified supplement with names and addresses of each person entitled to notice; PrC 17201 2. Need proof that hearing notice on mandatory form DE-115 with requisite advisements and copy of petition were properly served on all persons entitled to notice, including financial institutions and persons in possession of real property with service in accordance with CCP 413.10 et seq.; PrC 851 and 17203 3. Need copies of current title documents to all real and personal property sought to be transferred to trust (e.g., copies of grant deeds and financial statements showing how title to real properties and bank accounts currently held); Kern local rule 8.15(b) COMMENT: 1. Appears Heggstad petition should be filed in trust case, BPB-23-002475 04/24/24 CALENDAR #02
  62. Comment 7/18/24 at 9:30 a.m.
  63. View Document Rejection/Correction Notice Comment Petition; Returned Via E-File
  64. Hearing Time 8:30 AM Cancel Reason Other Comment petition for order for return of trust assets
  65. Comment Petition to Reform Will to Correct Unilateral Mistake
  66. Comment Objector's Mandatory Settlement Conference Statement
  67. Comment Executor and Trustee Joseph Etienne's Mandatory Settlement Conference Statement
  68. View Document Ruling 07/16/2024 Hearing Time 8:00 AM Result Ruling
  69. View Document Mandatory Settlement Conference 07/18/2024 Judicial Officer Friedman - Retired, Gary T. Hearing Time 10:30 AM Result Held Comment READY FOR HEARING Time change from 9:30am to 10:30am, attorneys notified via email
  70. View Document Case Management Conference 07/24/2024 Judicial Officer Kendall, Andrew B. Hearing Time 8:30 AM Result Held Comment READY FOR HEARING CASE MANAGEMENT CONFERENCE RE PETITION FOR PROBATE OF WILL SAME COMMENT/NOTE - 1. No written objection to petition for probate of will has been filed. 07/24/24 CALENDAR #02
  71. View Document Review 07/24/2024 Judicial Officer Kendall, Andrew B. Hearing Time 8:30 AM Result Held Comment NOT READY FOR HEARING REVIEW HEARING RE PETITION FOR ORDER FOR RETURN OF TRUST ASSETS SUPPLEMENT FILED 02/21/24 REVIEWED AND SAME NOTES - 1. Need verified supplement with names and addresses of each person entitled to notice; PrC 17201 2. Need proof that hearing notice on mandatory form DE-115 with requisite advisements and copy of petition were properly served on all persons entitled to notice, including financial institutions and persons in possession of real property with service in accordance with CCP 413.10 et seq.; PrC 851 and 17203 3. Need copies of current title documents to all real and personal property sought to be transferred to trust (e.g., copies of grant deeds and financial statements showing how title to real properties and bank accounts currently held); Kern local rule 8.15(b) 07/24/24 CALENDAR #03
  72. View Document Petition 07/24/2024 Judicial Officer Kendall, Andrew B. Hearing Time 8:30 AM Result Held Comment NOT READY FOR HEARING Petition to Reform Will to Correct Unilateral Mistake NOTES: 1. No proof of hearing notice has been filed 2. Petitioner has provided no legal authority or analysis to support request to reform will; see PrC 6111.5, Estate of Duke (2015) 61 Cal.4th 871 07/24/24 CALENDAR #01
  73. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  74. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  75. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  76. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  77. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  78. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  79. Judicial Officer Myers, Brett V. Hearing Time 1:30 PM Cancel Reason Other Comment court trial re: petition for probate of will and for letters testamentary authorization to administer under the independent administration of estates act with full authority
  80. View Document Rejection/Correction Notice
  81. Hearing Time 10:00 AM Comment NOT READY FOR HEARING Petition in Objection to the William R. Edmonds Revocable trust SAME NOTES: 1. Title of pleading does not clearly and completely identify nature of all relief sought as required by Cal. Rules of Court 7.102 2. Need proof that hearing notice and copy of petition were served on trustee Joseph Etienne in accordance with CCP 413.10 et seq. or waiver of personal service; Prc 851(a)(1)(3). Rules of civil for initiating civil action to service of financial elder abuse claim; need proof of personal service or equivalent on trust beneficiaries/respondents; CCP 422.10, 412.20 07/24/24 CALENDAR #02
  82. Hearing Time 10:00 AM Comment READY FOR HEARING CASE MANAGEMENT CONFERENCE RE PETITION FOR PROBATE OF WILL SAME COMMENT/NOTE - 1. No written objection to petition for probate of will has been filed. 07/24/24 CALENDAR #02
  83. Hearing Time 10:00 AM Comment NOT READY FOR HEARING Petition to Reform Will to Correct Unilateral Mistake NOTES: 1. No proof of hearing notice has been filed 2. Petitioner has provided no legal authority or analysis to support request to reform will; see PrC 6111.5, Estate of Duke (2015) 61 Cal.4th 871 07/24/24 CALENDAR #01
  84. Hearing Time 10:00 AM Comment NOT READY FOR HEARING REVIEW HEARING RE PETITION FOR ORDER FOR RETURN OF TRUST ASSETS SUPPLEMENT FILED 02/21/24 REVIEWED AND SAME NOTES - 1. Need verified supplement with names and addresses of each person entitled to notice; PrC 17201 2. Need proof that hearing notice on mandatory form DE-115 with requisite advisements and copy of petition were properly served on all persons entitled to notice, including financial institutions and persons in possession of real property with service in accordance with CCP 413.10 et seq.; PrC 851 and 17203 3. Need copies of current title documents to all real and personal property sought to be transferred to trust (e.g., copies of grant deeds and financial statements showing how title to real properties and bank accounts currently held); Kern local rule 8.15(b) 07/24/24 CALENDAR #03
  85. Judicial Officer Friedman - Retired, Gary T. Hearing Time 09:30 AM Comment Continued from 7/18/2024

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