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Conservatorship of Wayne O Evenson

Case Number

22PR00263

Case Type

Conservatorship

Hearing Date / Time

Tue, 04/22/2025 - 09:00

Nature of Proceedings

Order to Show Cause

Tentative Ruling

Probate Notes:

Appearances required.

On December 27, 2023, Shirley Evenson filed a Petition that contained a request for surcharge of a former co-conservator, Donna R. Maron, pursuant to Probate Code section 2401.3(a).  Donna R. Maron filed an objection to that request on April 15, 2024, placing the matter at issue and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

On May 7, 2024, the Court ordered Donna R. Maron to provide an accounting compliant with Probate Code section 1060 et seq. before an evidentiary hearing is scheduled, because the request for surcharge requires exact damages calculations and proof of malfeasance.  No deadline was placed on that order, and no accounting has been filed since the order was made.

On August 13, 2024, the Court held a hearing on this matter and ordered Donna R. Maron to show cause why she should not be sanctioned for failure to account.  That OSC was heard and continued multiple times, until January 28, 2025, when the Court acknowledged a stipulation resolving all issues was filed and ordered the OSC discharged.

On March 18, 2025, the Court placed the OSC back on calendar for reasons that are not clear from the record, despite the OSC being discharged.

The OSC is currently the only matter on calendar for this hearing, and it is recommended that the Court discharge the OSC as a result of the Court’s January 28, 2025 order already doing so.

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

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