This case was last updated from Los Angeles County Superior Courts on 06/29/2019 at 01:57:56 (UTC).

ALISA GIULIETTI, ET AL. VS FRANCINE THOMAS

Case Summary

On 01/25/2018 ALISA GIULIETTI filed a Property - Other Real Property lawsuit against FRANCINE THOMAS. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8261

  • Filing Date:

    01/25/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs

GIULIETTI JESSICA GRACE

GIULIETTI NATASHA ALISE

Defendants and Cross Plaintiffs

THOMAS FRANCINE

LEWIS BRISBOIS BISGAARD & SMITH LLP

WOLFE SHERIDAN

Cross Defendants

MASTELLER KIRA

LEWITT HACKMAN SHAPIRO MARSHALL &

SHUTE ROBYN

SHUTE ROBYN E.

Minors

DUVALL AIDEN ELDRIDGE GERRY

GIULIETTI NICOLAS DEAN

DUVALL INDIGO GRACE

GIULIETTI SABRINA JANE

DUVALL RAINA ALISE

Guardian Ad Litems

GIULIETTI ALISA

DUVALL TAMARA

Attorney/Law Firm Details

Plaintiff and Minor Attorney

STEPHEN T. HOLZER

Defendant and Cross Plaintiff Attorneys

THE WATKINS LAW FIRM APC

KNEZ LAW GROUP LLP

Cross Defendant Attorneys

LEWIS BRISBOIS BISGAARD & SMITH LLP

HOLZER STEPHEN T.

 

Court Documents

Legacy Document

1/25/2018: Legacy Document

Civil Case Cover Sheet

1/25/2018: Civil Case Cover Sheet

Summons

1/25/2018: Summons

Notice

1/25/2018: Notice

Notice of Case Assignment - Unlimited Civil Case

1/25/2018: Notice of Case Assignment - Unlimited Civil Case

Legacy Document

3/23/2018: Legacy Document

Proof of Service (not Summons and Complaint)

3/23/2018: Proof of Service (not Summons and Complaint)

Legacy Document

3/23/2018: Legacy Document

Legacy Document

3/23/2018: Legacy Document

Summons

4/13/2018: Summons

Substitution of Attorney

4/13/2018: Substitution of Attorney

Answer

4/13/2018: Answer

Legacy Document

4/13/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Case Management Statement

5/8/2018: Case Management Statement

61 More Documents Available

 

Docket Entries

  • 06/28/2019
  • Stipulation for Protective Order; Proposed Order; Filed by LEWITT, HACKMAN, SHAPIRO, MARSHALL & (Cross-Defendant)

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  • 04/11/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held

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  • 04/11/2019
  • Stipulation and Order (To Strike Prayer For Attorney Fees As To The Second And Third Causes Of Action In The Third Amended Cross Complaint); Filed by SHERIDAN WOLFE (Cross-Complainant); FRANCINE THOMAS (Defendant)

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  • 04/11/2019
  • Minute Order ( (CASE MANAGEMENT CONFERENCE)); Filed by Clerk

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  • 04/03/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Not Held - Continued - Stipulation

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  • 04/03/2019
  • Case Management Statement; Filed by LEWITT, HACKMAN, SHAPIRO, MARSHALL & (Cross-Defendant)

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  • 03/27/2019
  • Case Management Statement; Filed by SHERIDAN WOLFE (Cross-Complainant); FRANCINE THOMAS (Defendant)

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  • 03/26/2019
  • Case Management Statement; Filed by JESSICA GRACE GIULIETTI (Plaintiff); NATASHA ALISE GIULIETTI (Plaintiff); ROBYN SHUTE (Cross-Defendant)

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  • 03/25/2019
  • Answer; Filed by ROBYN SHUTE (Cross-Defendant)

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  • 03/25/2019
  • Stipulation and Order (Stipulation and Proposed Order); Filed by ROBYN SHUTE (Cross-Defendant)

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72 More Docket Entries
  • 04/13/2018
  • Cross-Compl fld - Summons Issued; Filed by FRANCINE THOMAS (Defendant)

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  • 03/23/2018
  • Proof of Service (not Summons and Complaint); Filed by FRANCINE THOMAS (Defendant)

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  • 03/23/2018
  • Motion to Quash; Filed by FRANCINE THOMAS (Defendant)

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  • 03/23/2018
  • Miscellaneous-Other; Filed by FRANCINE THOMAS (Defendant)

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  • 03/23/2018
  • Declaration; Filed by FRANCINE THOMAS (Defendant)

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  • 01/25/2018
  • Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/25/2018
  • Notice (of Case Management Conference); Filed by Clerk

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  • 01/25/2018
  • Civil Case Cover Sheet; Filed by JESSICA GRACE GIULIETTI (Plaintiff); NATASHA ALISE GIULIETTI (Plaintiff)

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  • 01/25/2018
  • Complaint filed-Summons Issued; Filed by null

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  • 01/25/2018
  • Summons; Filed by null

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Tentative Rulings

Case Number: PC058261    Hearing Date: November 19, 2020    Dept: F47

Dept. F-47

Date: 11/19/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIMS OF MINOR

Petition filed on 9/22/20.

MINOR: Sabrina Jane Giuletti

PARENT: Alisa Giuletti

SUMMARY OF ACTION: This action arises out of the distribution of trust assets. Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust. Robin Lee Shute and Janet Shute have both died. Cross-Defendant Robyn L. Shute is the Trustee of the Trust.

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew). Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew. The real properties were then sold for $928,210.80. Defendant Francine Thomas is one of the 4 nieces. Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties).

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds). Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00. Despite requests, Thomas failed and refused to return any of the excess distribution.

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti). The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas. Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC. However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $27,826.35 which is the under-distributed amount to the minor plus interest.

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

AMOUNT TO BE PAID TO MINOR: $27,826.35 will be transferred to a custodian, Alisa Giuletti, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The petition is granted.

Date: 11/19/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Indigo Grace Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The petition is granted. 

Date: 11/19/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Raina Alise Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The petition is granted. 

Date: 11/19/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Aiden Elbridge Gerry Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The petition is granted. 

Date: 11/19/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM

OF

PERSON WITH A DISABILITY

Petition filed on 9/22/20.

PERSON WITH DISABILITY: Nicholas Dean Giuletti

GUARDIAN: Alisa Giuletti and Jeff Giuletti

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $22,100.26 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO PERSON WITH A DISABILITY: $27,826.35 will be paid or delivered to the guardian of the estate of the minor or the conservator of the estate of the conservatee.  (#19.a.(1))

RULING: The petition is granted.    

Case Number: PC058261    Hearing Date: October 14, 2020    Dept: F47

Dept. F-47

Date: 10/14/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM

OF

PERSON WITH A DISABILITY

Petition filed on 9/22/20.

PERSON WITH DISABILITY: Nicholas Dean Giuletti

GUARDIAN: Alisa Giuletti and Jeff Giuletti

SUMMARY OF ACTION: This action arises out of the distribution of trust assets. Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust. Robin Lee Shute and Janet Shute have both died. Cross-Defendant Robyn L. Shute is the Trustee of the Trust.

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew). Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew. The real properties were then sold for $928,210.80. Defendant Francine Thomas is one of the 4 nieces. Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties).

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds). Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00. Despite requests, Thomas failed and refused to return any of the excess distribution.

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti). The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas. Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC. However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $22,100.26 which is the under-distributed amount to the minor plus interest.

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

AMOUNT TO BE PAID TO PERSON WITH A DISABILITY: $27,826.35 will be paid or delivered to the guardian of the estate of the minor or the conservator of the estate of the conservatee. (#19.a.(1))

RULING: The hearing will be continued.

The petition was served on 9/22/20, by U.S. mail and email for the 10/14/20 hearing date. Such service does not provide the 16 court days, plus 2 court days’ notice required for service by email or the 16 court days, plus 5 calendar days’ notice required for service by mail. See CCP 1005(b); CCP 1010.6(a)(4)(B). Even if the service of the petition was timely or the defect in service is waived, other issues exist which need to be addressed.

A proposed order(s) have not been submitted with the petition and the petition is not signed by the attorney. More importantly, the petition indicates that it is made by Alisa Giuletti and Jeff Giuletti, the guardians for Nicholas Dean Giuletti, an adult with a disability. (See Petition # 1, #3.c.). With regard to distribution of the settlement funds, the petition indicates that there is a guardianship of the estate of the minor or a conservatorship of the estate of the adult person with a disability filed in the Circuit Court for the State of Oregon for Lane County, Case No. 19PR01842 and $27,826.35 of the proceeds will be paid or delivered to the guardian of the estate of the minor or the conservator of the estate of the conservatee. However, the petition does not indicate that Alisa Giuletti and/or Jeff Giuletti are the conservator(s) of the estate of Nicholas Dean Giuletti, an adult with a disability. (See Petition #3.d.). Since Nicholas Dean Giuletti is not a minor, the petition indicates that a conservatorship of the estate of Nicholas Dean Giuletti is required.

Therefore, the hearing will be continued so that the issue regarding whether a conservatorship of the estate of Nicholas Dean Giuletti exists and whether Alisa Giuletti and/or Jeff Giuletti are/is the conservator(s) of such estate can be resolved. Also, the hearing will be continued so that a copy of the attorney’s signature page and a proposed order/orders can be submitted.

Date: 10/14/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIMS OF MINOR

Petition filed on 9/22/20.

MINOR: Sabrina Jane Giuletti

PARENT: Alisa Giuletti

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $22,100.26 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $27,826.35 will be transferred to a custodian, Alisa Giuletti, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The hearing will be continued. 

There is no proof of service attached to this petition.  If the petition was served on 9/22/20, by U.S. mail and email as were the petitions relating to Indigo Duvall, Raina Duvall and Aiden Duvall, for the 10/14/20 hearing date.  Such service does not provide the 16 court days, plus 2 court days’ notice required for service by email or the 16 court days, plus 5 calendar days’ notice required for service by mail.  See CCP 1005(b); CCP 1010.6(a)(4)(B).  Even if the service of the petition was timely or the defect is waived, a proposed order(s) have not been submitted with the petition and the petition is not signed by the attorney. 

Therefore, the hearing will be continued so that it can be served or evidence of service can be filed and so a copy of the attorney’s signature page and a proposed order/orders can be submitted.   

Date: 10/14/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Raina Alise Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The hearing will be continued. 

The petition was served on 9/22/20, by U.S. mail and email, for the 10/14/20 hearing date.  Such service does not provide the 16 court days, plus 2 court days’ notice required for service by email or the 16 court days, plus 5 calendar days’ notice required for service by mail.  See CCP 1005(b); CCP 1010.6(a)(4)(B).  Even if the service of the petition was timely or the defect is waived, a proposed order(s) have not been submitted with the petition and the petition is not signed by the attorney. 

Therefore, the hearing will be continued so that a copy of the attorney’s signature page and a proposed order/orders can be submitted.   

Date: 10/14/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Indigo Grace Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The hearing will be continued. 

The petition was served on 9/22/20, by U.S. mail and email, for the 10/14/20 hearing date.  Such service does not provide the 16 court days, plus 2 court days’ notice required for service by email or the 16 court days, plus 5 calendar days’ notice required for service by mail.  See CCP 1005(b); CCP 1010.6(a)(4)(B).  Even if the service of the petition was timely or the defect is waived, a proposed order(s) have not been submitted with the petition and the petition is not signed by the attorney. 

Therefore, the hearing will be continued so that a copy of the attorney’s signature page and a proposed order/orders can be submitted.   

Date: 10/14/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR

Petition filed on 9/22/20.

MINOR: Aiden Elbridge Gerry Duvall

PARENT: Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets.  Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust.  Robin Lee Shute and Janet Shute have both died.  Cross-Defendant Robyn L. Shute is the Trustee of the Trust.  

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew).  Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew.  The real properties were then sold for $928,210.80.  Defendant Francine Thomas is one of the 4 nieces.  Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties). 

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds).  Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00.  Despite requests, Thomas failed and refused to return any of the excess distribution. 

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti).  The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

In this action, the Plaintiffs seek to recoup the money owed directly from Thomas.  Plaintiffs never directly sued Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC.  However, to avoid Plaintiffs suing Lewitt Hackman’s client, Robyn Shute, and Ms. Shute suing Lewitt Hackman for malpractice, Lewitt Hackman has entered the settlement directly with Plaintiffs who have assigned their judgment against Thomas to Lewitt Hackman.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $8,347.91 which is the under-distributed amount to the minor plus interest. 

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

 

AMOUNT TO BE PAID TO MINOR: $8,347.91 will be transferred to a custodian, Tamara Duvall, for the benefit of the minor under the California Uniform Transfers to Minors Act

RULING: The hearing will be continued. 

The petition was served on 9/22/20, by U.S. mail and email, for the 10/14/20 hearing date.  Such service does not provide the 16 court days, plus 2 court days’ notice required for service by email or the 16 court days, plus 5 calendar days’ notice required for service by mail.  See CCP 1005(b); CCP 1010.6(a)(4)(B).  Even if the service of the petition was timely or the defect is waived, a proposed order(s) have not been submitted with the petition and the petition is not signed by the attorney. 

Therefore, the hearing will be continued so that a copy of the attorney’s signature page and a proposed order/orders can be submitted.   

Case Number: PC058261    Hearing Date: September 03, 2020    Dept: F47

Dept. F-47

Date: 9/3/20

Case #PC058261

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIMS

OF

MINORS & PERSON WITH A DISABILITY

Petition filed on 8/4/20.

MINORS: Sabrina Jane Giulietti; Aiden Elbridge Gerry Duvall; Raina Alise Duvall; and Indigo Grace Duvall

ADULT WITH A DISABILITY: Nicholas Dean Giulietti

PARENT/GUARDIAN AD LITEM/GUARDIAN: Jeff Giulietti; Alisa Giulietti; and Tamara Duvall

SUMMARY OF ACTION: This action arises out of the distribution of trust assets. Plaintiffs are the beneficiaries of the Robin Lee Shute and Janet Shute Family Trust. Robin Lee Shute and Janet Shute have both died. Cross-Defendant Robyn L. Shute is the Trustee of the Trust.

The Trust provides that certain real properties were to be distributed to Robin Lee Shute and Janet Shute’s grand nieces and nephews (the 12 children of their 4 nieces and 1 nephew). Mistakenly, the Trustee’s law firm (Kira Masteller, Esq. and Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC) distributed the properties to the 4 nieces and 1 nephew. The real properties were then sold for $928,210.80. Defendant Francine Thomas is one of the 4 nieces. Defendant Thomas received $185,642.00 (1/5th of the proceeds from the sale of the properties).

If the Trust had been distributed correctly, Defendant Thomas’ daughter should have received $77,350.00 (1/12th of the proceeds). Giving Thomas credit for the amount her daughter should have received, Thomas received an extra $108,291.00. Despite requests, Thomas failed and refused to return any of the excess distribution.

Due to the mistake in distribution, one of the minors (Sabrina Jane Giulietti) was under-distributed $22,100.26 as was the adult with a disability (Nicholas Dean Giulietti). The three other minors (Aiden Elbridge Gerry Duvall, Raina Alise Duvall, and Indigo Grace Duvall) were under-distributed $6,630.08 each.

SETTLEMENT: Lewitt, Hackman, Shapiro, Marshall & Harlan, ALC has agreed to pay $64,090.75 which is the total under-distributed amount to the minors and the person with a disability.

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

AMOUNTS TO BE PAID TO CLAIMANTS:

(1) Sabrina Jane Giulietti: $22,100.26

(2) Nicholas Dean Giulietti: $22,100.26

(3) Aiden Elbridge Gerry Duvall: $6,630.08

(4) Raina Alise Duvall: $6,630.08

(5) Indigo Grace Duvall: $6,630.08

RULING: The hearing is placed off calendar.

The petition improperly combines the compromises of four minors’ claims with the compromise of the claim of one person with a disability. Five separate petitions setting forth the information as to each minor and/or adult with a disability must be filed along with corresponding proposed orders.

Additionally, #4 in the petition is incorrect as the claims of the minors and person with a disability are the subject of a court action.

The hearing reservation/calendar entry indicates that the petition involves a Special Needs Trust; however, no information is provided regarding a Special Needs Trust and the disposition of the settlement proceeds does not indicate that any of the funds are to be paid to a Special Needs Trust. (See Petition #19.b.(4)). With regard to claimant Nicholas Dean Giulietti, an adult with a disability, it does not appear that his settlement funds may be properly transferred to a custodian for his benefit under the California Uniform Transfers to Minors Act because he is 18 years old.

If the settlement with regard to Nicholas Dean Giulietti involves a Special Needs Trust, information regarding the trust must be provided and the procedures for obtaining approval of a Special Needs Trust must be followed. (See Petition #19.b.(4); Los Angeles Superior Court Local Rule 4.115(c)). If a Special Needs Trust is not involved, the petition filed on behalf of Nicholas Dean Giulietti must indicate an appropriate method of disposition of his settlement funds as an adult.

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