Guardianship of Edward Isaac Esparza

Case Number

22PR00589

Case Type

Hearing Date / Time

Tue, 12/02/2025 - 09:00

Nature of Proceedings

1. Review: Order to Show Cause 2. Petition to Deposit Funds in Blocked Account

Tentative Ruling

Probate Notes:

Probate Notes:

Appearances required.

This matter came on for hearing on September 30, 2025, to determine whether the Court should surcharge two attorneys for fees paid prior to a court order.

No attorney's fees may be paid from the estate of a ward or conservatee without prior court order, nor is the estate of the ward or conservatee bound by any contract providing for attorney fees until that contract has been approved by the court. (Prob. Code, § 2647.)

According to the allegations in the Amended Petition filed on July 8, 2025, the guardian paid these fees to attorney’s who do not regularly practice probate, and did not properly advise the guardian of her duties and liabilities, resulting in the guardian breaching fiduciary duties owed to the ward.  

Both attorneys have represented to the court on the record the willingness to refund the fees paid (Michael Clayton, $1,538.30), and cancel the bill not paid (Karine Wegrzynowicz, $2,662.50). The court should accept this outcome, order the fees surcharged and resolved, and discharge the Order to Show Cause.  (Guardianship of Slakmon (1978) 83 Cal.App.3d 224, 229 [“The probate court is not precluded from a reexamination of former accounts rendered by a guardian of estates of minors, and on such reexamination it has power and authority to correct, revise or modify in amount any item or items of expenditure theretofore settled, allowed or approved by it, or to entirely disallow and withhold its approval or settlement of such item or items.”].)

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334