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Photo of San Diego Court

Court

San Diego Court

California

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Case Information

Filed 2024-02-08
Status Pending
Type Trust Proceedings
Docket 60 entries
Disposition remov
Photo of Hon. John B Scherling

Judge

Hon. John B Scherling

San Diego County (CA)

California

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Docket Entries

  1. Miscellaneous Hearing ROA#1 PETITION FOR INSTRUCTIONS, FINDINGS, AND DAMAGES:1. RESPONDENT’S IMMEDIATE SUSPENSION AND REMOVAL OF RESPONDENT AS TRUSTEE; 2. RESPONDENT’S IMMEDIATE ORDER TO CEASE ACTING AS REPRESENTATIVE OF ESTATE; 3. RESPONDENT SHALL NOT USE TRUST FUNDS FOR LITIGATION AND RESPONDENT SHALL RETURN ALL FUNDS USED FOR LITIGATION 4. RESPONDENT SHALL NOT USE ESTATE FUNDS FOR LITIGATION AND SHALL RETURN FUNDS USED; 5. ACCOUNTING BY RESPONDENT AS TRUSTEE; 6. ACCOUNTING BY RESPONDENT WHILE ACTING AS REPRESENTATIVE OF ESTATE; 7. QUIET TITLE TO PROPERTY; 8. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 9. BREACH OF FIDUCIARY DUTY AND BREACH OF TRUST; 10. BREACH OF CONTRACT; 11. UNJUST ENRICHMENT; 12. SURCHARGE OF TRUSTEE;13. ORDER CONFIRMING TRUST ASSETS.[Probate Code §§ 850, 859, 8400, 15642, 16002, 16003, 16060, 16062, 16420, 16440, 17200; Cal. Civ. Code §§ 1624, 3294, 3300, 3306, and 3367] filed on 02/08/2024 Hearing Date: 6/24/2024 10:30 AM Judicial Officer: SCHERLING, JOHN B. Department: 502
  2. Minute Order
  3. Case Management Statement Joint Case Management Statement Refers To: Petitioner Lee, Don
  4. Other Hearing ROA #1 - Petition for Instructions, Findings, and Damages: 1. Respondents Immediate Suspension and Removal of Respondent as Trustee; 2. Respondent's Immediate Order to Cease Acting as Representative of Estate Filed by: Don Lee on 02/08/2024. Hearing Date: 5/10/2024 9:00 AM Judicial Officer: SCHERLING, JOHN B. Department: 502
  5. Minute Order
  6. Confidential Trust Coversheet Filed by Don Lee Filed By: Petitioner Lee, Don
  7. Trust Coversheet Filed By: Objector McCann, John T.
  8. System Generated Notice E-mailed [email protected]
  9. Rejected Filing Notice of Lodgment Filed By: Objector McCann, John T.
  10. Proof of Service Filed By: Objector McCann, John T.
  11. Objection - Trust John McCann's Response and Objections to Petition Seeking Orders On... Filed By: Objector McCann, John T.
  12. Proof of Service Proof of Personal Service Filed By: Petitioner Lee, Don
  13. Proof of Service Filed by Don Lee Filed By: Petitioner Lee, Don
  14. Notice of Recorded Pendency of Action Filed by Don Lee Filed By: Petitioner Lee, Don
  15. Proof of Service Proof of Service Filed By: Petitioner Lee, Don
  16. Notice of Hearing on Petition to Determine Claim to Property Notice of Hearing on Petition to Determine Claim to Property Filed By: Petitioner Lee, Don
  17. Notice of Related Case Notice of Related Case Filed By: Petitioner Lee, Don
  18. Case initiation form printed.
  19. Other (Trusts) scheduled for 05/10/2024 at 09:00:00 AM at Central in 502 John B Scherling.
  20. Case assigned to Judicial Officer Scherling, John.
  21. Minute Order
  22. Case Management Statement Joint Case Management Statement <div style="margin-left:1.5em"> Refers To: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  23. Minute Order
  24. Confidential Trust Coversheet Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  25. Trust Coversheet Filed By: Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  26. System Generated Notice E-mailed [email protected] <ul class="small"> </ul>
  27. Rejected Filing Notice of Lodgment <div style="margin-left:1.5em"> Filed By: <i>Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  28. Proof of Service Filed By: Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  29. Objection - Trust John McCann's Response and Objections to Petition Seeking Orders On... <div style="margin-left:1.5em"> Filed By: <i>Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  30. Proof of Service Proof of Personal Service <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  31. Proof of Service Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  32. Notice of Recorded Pendency of Action Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  33. Proof of Service Proof of Service <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  34. Notice of Hearing on Petition to Determine Claim to Property Notice of Hearing on Petition to Determine Claim to Property <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  35. Notice of Related Case Notice of Related Case <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  36. Case initiation form printed.
  37. Other (Trusts) scheduled for 05/10/2024 at 09:00:00 AM at Central in 502 John B Scherling.
  38. Case assigned to Judicial Officer Scherling, John.
  39. Petition Re: Internal Affairs of Trust (Probate Code 17200) Petition Re Internal Affairs of Trust (Probate Code 17200) (Petition for Instructions, Findings, and Damages: 1. Respondents Immediate Suspension and Removal of Respondent as Trustee; 2. Respondent's Immediate Order to Cease Acting as Representative of Estate) filed by Lee, Don.; Transaction Number: 21960349 Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <div style="margin-left:1.5em"> Refers To: <i>Trust</i> The Trust of Marion E. McCann dated 11/23/2005 </div> <ul class="small"> </ul>
  40. Case Management Statement Joint Case Management Statement <div style="margin-left:1.5em"> Refers To: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  41. Confidential Trust Coversheet Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  42. Trust Coversheet Filed By: Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  43. Proof of Service Filed By: Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  44. Objection - Trust John McCann's Response and Objections to Petition Seeking Orders On... <div style="margin-left:1.5em"> Filed By: <i>Objector</i> McCann, John T. </div> <ul class="small"> </ul>
  45. Proof of Service Proof of Personal Service <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  46. Proof of Service Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  47. Notice of Recorded Pendency of Action Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  48. Proof of Service Proof of Service <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  49. Notice of Hearing on Petition to Determine Claim to Property Notice of Hearing on Petition to Determine Claim to Property <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  50. Notice of Related Case Notice of Related Case <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <ul class="small"> </ul>
  51. Petition Re: Internal Affairs of Trust (Probate Code 17200) Petition Re Internal Affairs of Trust (Probate Code 17200) (Petition for Instructions, Findings, and Damages: 1. Respondents Immediate Suspension and Removal of Respondent as Trustee; 2. Respondent's Immediate Order to Cease Acting as Representative of Estate) filed by Lee, Don.; Transaction Number: 21960349 Filed by Don Lee <div style="margin-left:1.5em"> Filed By: <i>Petitioner</i> Lee, Don </div> <div style="margin-left:1.5em"> Refers To: <i>Trust</i> The Trust of Marion E. McCann dated 11/23/2005 </div> <ul class="small"> </ul>
  52. Minute Order
  53. Minute Order
  54. Miscellaneous Hearing ROA#1 PETITION FOR INSTRUCTIONS, FINDINGS, AND DAMAGES:1. RESPONDENT’S IMMEDIATE SUSPENSION AND REMOVAL OF RESPONDENT AS TRUSTEE; 2. RESPONDENT’S IMMEDIATE ORDER TO CEASE ACTING AS REPRESENTATIVE OF ESTATE; 3. RESPONDENT SHALL NOT USE TRUST FUNDS FOR LITIGATION AND RESPONDENT SHALL RETURN ALL FUNDS USED FOR LITIGATION 4. RESPONDENT SHALL NOT USE ESTATE FUNDS FOR LITIGATION AND SHALL RETURN FUNDS USED; 5. ACCOUNTING BY RESPONDENT AS TRUSTEE; 6. ACCOUNTING BY RESPONDENT WHILE ACTING AS REPRESENTATIVE OF ESTATE; 7. QUIET TITLE TO PROPERTY; 8. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 9. BREACH OF FIDUCIARY DUTY AND BREACH OF TRUST; 10. BREACH OF CONTRACT; 11. UNJUST ENRICHMENT; 12. SURCHARGE OF TRUSTEE;13. ORDER CONFIRMING TRUST ASSETS.[Probate Code §§ 850, 859, 8400, 15642, 16002, 16003, 16060, 16062, 16420, 16440, 17200; Cal. Civ. Code §§ 1624, 3294, 3300, 3306, and 3367] filed on 02/08/2024 <ul class="small"> <li> Hearing Date: 6/24/2024 10:30 AM </li> <li>Judicial Officer: SCHERLING, JOHN B.</li> <li>Department: 502</li> </ul>
  55. Petition Re: Internal Affairs of Trust (Probate Code 17200) Petition Re Internal Affairs of Trust (Probate Code 17200) (Petition for Instructions, Findings, and Damages: 1. Respondents Immediate Suspension and Removal of Respondent as Trustee; 2. Respondent's Immediate Order to Cease Acting as Representative of Estate) filed by Lee, Don.; Transaction Number: 21960349 Filed by Don Lee Filed By: Petitioner Lee, Don Refers To: Trust The Trust of Marion E. McCann dated 11/23/2005
  56. Minute Order #1 - Petition Re: Internal Affairs of Trust (Probate Code 17200)
  57. Minute Order
  58. Minute Order
  59. Case Management Conference ROA#1 - PETITION FOR INSTRUCTIONS, FINDINGS, AND DAMAGES: 1. RESPONDENT’S IMMEDIATE SUSPENSION AND REMOVAL OF RESPONDENT AS TRUSTEE; 2. RESPONDENT’S IMMEDIATE ORDER TO CEASE ACTING AS REPRESENTATIVE OF ESTATE; 3. RESPONDENT SHALL NOT USE TRUST FUNDS FOR LITIGATION AND RESPONDENT SHALL RETURN ALL FUNDS USED FOR LITIGATION 4. RESPONDENT SHALL NOT USE ESTATE FUNDS FOR LITIGATION AND SHALL RETURN FUNDS USED; 5. ACCOUNTING BY RESPONDENT AS TRUSTEE; 6. ACCOUNTING BY RESPONDENT WHILE ACTING AS REPRESENTATIVE OF ESTATE; 7. QUIET TITLE TO PROPERTY; 8. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 9. BREACH OF FIDUCIARY DUTY AND BREACH OF TRUST; 10. BREACH OF CONTRACT; 11. UNJUST ENRICHMENT; 12. SURCHARGE OF TRUSTEE; 13. ORDER CONFIRMING TRUST ASSETS. [Probate Code §§ 850, 859, 8400, 15642, 16002, 16003, 16060, 16062, 16420, 16440, 17200; Cal. Civ. Code §§ 1624, 3294, 3300, 3306, and 3367] Filed 02/08/2024 Hearing Date: 11/7/2024 10:00 AM Judicial Officer: SCHERLING, JOHN B. Department: 502
  60. Miscellaneous Hearing ROA#1 PETITION FOR INSTRUCTIONS, FINDINGS, AND DAMAGES:1. RESPONDENT’S IMMEDIATE SUSPENSION AND REMOVAL OF RESPONDENT AS TRUSTEE; 2. RESPONDENT’S IMMEDIATE ORDER TO CEASE ACTING AS REPRESENTATIVE OF ESTATE; 3. RESPONDENT SHALL NOT USE TRUST FUNDS FOR LITIGATION AND RESPONDENT SHALL RETURN ALL FUNDS USED FOR LITIGATION 4. RESPONDENT SHALL NOT USE ESTATE FUNDS FOR LITIGATION AND SHALL RETURN FUNDS USED; 5. ACCOUNTING BY RESPONDENT AS TRUSTEE; 6. ACCOUNTING BY RESPONDENT WHILE ACTING AS REPRESENTATIVE OF ESTATE; 7. QUIET TITLE TO PROPERTY; 8. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 9. BREACH OF FIDUCIARY DUTY AND BREACH OF TRUST; 10. BREACH OF CONTRACT; 11. UNJUST ENRICHMENT; 12. SURCHARGE OF TRUSTEE;13. ORDER CONFIRMING TRUST ASSETS.[Probate Code §§ 850, 859, 8400, 15642, 16002, 16003, 16060, 16062, 16420, 16440, 17200; Cal. Civ. Code §§ 1624, 3294, 3300, 3306, and 3367] filed on 02/08/2024 Hearing Date: 6/24/2024 10:30 AM Judicial Officer: SCHERLING, JOHN B. Department: 502

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