Conservatorship of Kimberly E Larsh

Case Number

SB22838

Case Type

Hearing Date / Time

Wed, 08/21/2024 - 08:30

Nature of Proceedings

Annual Accounting and Report of Conservator

Tentative Ruling

Probate Notes:

Appearances required.  

Discrepancy no. 1 – Resolved by supplement. It is recommended the Court order conservator to track “pocket money” expenditures in the future.

Discrepancy no. 2 – Attorney for petitioner requested $2,133 in fees in the petition, but it was not supported by any billing statements. (Cal. Rules of Ct. Rules, 7.702, 7.751(b).)   In response to the note about this issue, attorney for petitioner filed supplement with the billing statements attached, but then requested a fee award roughly three times higher than the request in the petition ($7,096.25). This is a material change in request for relief that is not appropriate in a Supplement, so must be brought in an amendment to the petition.  (CRC, Rule 7.3(5) [“"Supplement to a pleading" and "supplement" mean a pleading that modifies another pleading but does not allege facts or request relief materially different from the facts alleged or the relief requested in the supplemented pleading.”].)  Petition must be amended or the court can reserve ruling on the fee request until a proper fee petition is brought separately.

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305