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Right to a Jury Trial!

Found the following information regarding exceptions to the no jury trial in probate court rule...

In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered as provided in this Code. Where in these cases there are issues both of law and fact, the issue of law must be first disposed of. In other cases, issues of fact must be tried by the Court, subject to its power to order any such issue to be tried by a jury, or to be referred to a referee, as provided in this Code." [Ca Civ Pro § 592]

Actions Classified As Legal (To Be Tried By A Jury): The actions noted below are recognized to be "legal" in nature and hence triable by jury. (This is, by no means, a complete list)

• To recover specific real or personal property with or without damages. [Ca Civ Pro § 592]
• To recover money due on a contract. [Ca Civ Pro § 592]
• To recover money due under common count theories
• To recover damages for breach of contract. [Ca Civ Pro § 592]
• To recover damages for fraud
• To recover a fraudulent conveyance of a determinate sum of money.
• For restitution of benefits paid under a contract following rescission thereof. Here, the relief sought is legal although measured by equitable doctrines.
• To recover damages for negligence. [Ca Civ Pro § 592]
• To recover damages on a cross-complaint for equitable indemnity.
• To recover damages for injury to real or personal property. [Ca Civ Pro § 592]
• To recover damages for violation of a statute.
• To recover a secret profit obtained in breach of fiduciary duties.
• To compel a trustee to pay monies immediately and unconditionally due to a beneficiary.

Survey says!  Jury trial.

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Aileen Jung,
Catherine DeMartini,
Ann Maria Luna,
and
Clairbel Murphy

all have something in common!

Can you guess what it is?

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When I particiapted in court recommended mediation in October of 2009, all participants signed the Mediation Agreement that states the case was dismissed.  NOT!!

Wonder why Lawrence Larry Siracusa did not disclose his friendship with the Mediator?  HMMMM!  Another one of those pesky wikiprobate questions!

http://groundspark.org/wp-content/uploads/2008/04/Courtside_Fall_2010_.pdf

See Page 6!

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A national epidemic - Guardianship/Conservatorship Abuse is everybody's problem.

 

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DeMartini
Walsh
Luna......


Strength in numbers.

Who else is on the list?

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wikiprobate learns that painting contractor hired by professional conservator does not have a valid California license. 


What do think about that?

wikiprobate question

Does the court appointed attorney (with no paperwork filed to make him the court appointed attorney) show up to the hearing eventhough the conservatee has passed away?

wikiprobate Definition for May 8, 2011

Today's Legal Definition:

TESTAMENTARY INTENT

Testamentary intent refers to a testator’s intention with respect to a particular instrument that functions as his/her last will. Testamentary intent is required for a will to be valid. The existence of testamentary intent is not a matter of inference, but is expressed so that no mistake is made as to the existence of that intention. However, inquiry may be made into all relevant circumstances where the existence of testamentary intent is in doubt. A testamentary intent is also clearly deducible from the writing itself. A testamentary intent should also meet other formalities required for a will. In Estate of Pagel, 52 Cal. App. 2d 38 (Cal. App. 1942), it was held that testamentary intent is never retroactive.

What Does Under Penalty of Perjury Mean to You?

What Under Penalty of Perjury Means to Me:

By signing a document Under Penalty of Perjury, I am stating I told the truth because I would not want to perjure myself.  If someone does not tell the truth (i.e. they lie!), the penalty for perjury applies.

So Elizabeth A. Adler signs a document on May 4, 2011 that states the following:

"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

Ms. Elizabeth Adler declared under penalty of perjury that 50% of my Grandmother's Trust estate goes to my Uncle Paul.  This is a bold faced lie.  Ms. Adler is the successor trustee to my Grandmother 's Trust via court appointment and mediation.  A mediation that I did not benefit from by the way.  If Ms. Adler were to read the current Trust that was signed while my Grandmother was incapcitated and diagnosed with moderate to severe Alzheimer's dementia, she would see that Paul DeMartini receives $5000 per year.  $5000 per year not 50% of the Trust.  HUGE difference, Ms. Adler!

I would recommend that Ms. Adler do her homework next time before she declares something under penalty of perjury.

How many other lies has Ms. Adler told the court under penalty of perjury?

Mother's Day Daisies

Walking downtown, I had just finished my lunch,
A sign in the window said "Daisies $3.99 a Bunch."


Stopped in my tracks deciding to enter the store,
Little bells rang as I slowly opened the door.


A man behind the counter asked if he could help me,
I want to buy two bunches of daisies or maybe three.


As he wrapped up the daisies, and I prepared to pay,
He asked me if the daisies were for Mother's Day.

The daisies are for Lala Nora, she would have been 97,
She's celebrating with Noni on Mother's Day in Heaven.