This case was last updated from San Francisco County Superior Courts on 11/24/2020 at 17:55:44 (UTC).

THE ESTATE OF ANTON BAJJALIEH

Case Summary

On 11/23/2020 THE ESTATE OF ANTON BAJJALIEH was filed as a Probate - Other Probate lawsuit. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is JOSEPH M. QUINN. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4049

  • Filing Date:

    11/23/2020

  • Case Status:

    Not Classified By Court

  • Case Type:

    Probate - Other Probate

  • County, State:

    San Francisco, California

Judge Details

Judge

JOSEPH M. QUINN

 

Party Details

Petitioner

BAJJALIEH, MICHELLE

Decedent

BAJJALIEH, ANTON

Attorney/Law Firm Details

Petitioner Attorney

MCGETTIGAN, E NEAL

Attorney at E. NEAL MCGETTIGAN, ESQ

220 Montgomery Street Ste 1075

San Francisco, CA 94104-3432

 

Court Documents

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY, COPY OF WILL FILED, FILED BY PETITIONER BAJJALIEH, MICHELLE AS TO DECEDENT BAJJALIEH, ANTON HEARING SET FOR DEC-15-2020 AT 09:00 AM IN DEPT 204

DECLARATION OF REAL PROPERTY

DECLARATION OF REAL PROPERTY FILED BY PETITIONER BAJJALIEH, MICHELLE

 

Docket Entries

  • 12/15/2020
  • HearingMatter(s): PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY; Location: CIVIC CENTER COURTHOUSE ROOM 204; Judge Name: JOSEPH M. QUINN

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  • 11/23/2020
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  • DocketDECLARATION OF REAL PROPERTY FILED BY PETITIONER BAJJALIEH, MICHELLE

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  • 11/23/2020
  • FinancialPayment : PROBATE FIRST PETITION FOR LETTERS/TRUST/OTHER; Amount : $450; Payment Type : CHECK ; Receipt Number : W2220B23P012

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  • 11/23/2020
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  • DocketPETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY, COPY OF WILL FILED, FILED BY PETITIONER BAJJALIEH, MICHELLE AS TO DECEDENT BAJJALIEH, ANTON HEARING SET FOR DEC-15-2020 AT 09:00 AM IN DEPT 204 (Fee:$450.00)

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Tentative Rulings

Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:DEC-15-2020 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
Rulings: Continued to 01/19/2021 at request of counsel.


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:JAN-19-2021 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
Rulings:Continued to 03/23/2021 at request of counsel.


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:MAR-23-2021 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
Rulings: Continued to 4/21/2021ISSUES:1) A proposed nonresident personal representative will be required to post a bond to protect California creditors, even if the will waives, or all beneficiaries waive, bond. A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be used by the Court to determine the amount of the bond, but in no event will the bond be less than $20,000. [LRSF 14.16 F.]2) Proof of Publication does not indicate Lost Will and must be re-done. Petitions for probate of lost wills must clearly state on their face that the will is lost and both the published and mailed notice must so state. [LRSF 14.20]3) Notice DE-121 does not indicate Lost Will and must be re-done. Petitions for probate of lost wills must clearly state on their face that the will is lost and both the published and mailed notice must so state. [LRSF 14.20]4) The addresses on DE-121 for Terah Bajjalieh and Abraham Bajjalieh do not match the addresses on attachment 8 of the petition please explain.


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:APR-21-2021 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
Rulings:Hearing appearance required. Remote appearance by video or telephone should be made whenever possible. Please review the 9th amended general order for more information. To appear by Zoom, go to Zoom.com and click Join Meeting, and use the ID and password below.Meeting ID: 875 8017 7925Password: 722809To appear by telephone through Zoom, call 1-669-900-6833 and follow the prompts, using the meeting ID and password above.Parties appearing should check in for the hearing using their full name.ISSUES (may be addressed at hearing):***the judicial officer is requesting that the parties be prepared to address Probate Code section 6124***1) Court to determine how to proceed.2) A proposed nonresident personal representative will be required to post a bond to protect California creditors, even if the will waives, or all beneficiaries waive, bond. A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be used by the Court to determine the amount of the bond, but in no event will the bond be less than $20,000. [LRSF 14.16 F.]3) The 04/01/2021 DE-121 does not show notice given to Michael Bassi who filed a Request for Special Notice on 01/28/2021. 4) Petitioner has not submitted a hard copy of the proposed order to the Examiner in room 202 at least five (5) court days in advance of the scheduled hearing date, with the scheduled hearing date noted on the face sheet. [LRSF 14.7].


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:MAY-19-2021 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:ADDED TO CALENDAR FOR Status On Filing Of A Written Response To The Probate Examiner'S Notes Regarding Any Known Liabilities And Claims Against The Estate
Rulings: OFF CALENDAR


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:JUN-01-2021 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR LETTERS OF ADMINISTRATION, Appointment Under IAEA
Rulings: Continued to 07/14/2021 to be heard with the other matters.


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:SEP-24-2021 09:00 AM
Court/Room:204
Examiner:KIMBERLY DUGGAN
Calendar Matter:ADDED TO CALENDAR FOR Motion For An Order Compelling Beneficiary And Real Party In Interest Michelle Bajjalieh To: To Provide Amended Responses To Special Interrogatories (Set One); To Provide Amended Responses To Requests For Production (Set One), And Produce Documents; And To Pay Monetary Sanctions (Added For Posting Of The Tentative Ruling)
Rulings:[2 of 3] Joanne Rajaei-Tehrani's request for additional production in response to Requests for Production 5, 6, 8-24 is GRANTED. The issue is relevance. The initial burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) Glenfed Develop. Corp. v. Sup. Ct. (National Union Fire Ins. Co. of Pittsburgh, Penn.) (1997) 53 Cal.App.4th 1113, 1117 (citations omitted); see also Kirkland v. Sup. Ct. (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. Joanne Rajaei-Tehrani's has shown that the information is relevant to the subject matter of the action and either admissible or "reasonably calculated to lead to the discovery of admissible evidence. Thus, the burden shifts to the responding party to justify any objections made to document disclosure. Kirkland v. Sup. Ct. (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The response must "identify with particularity" any document or thing falling within any category in the demand to which the objection is made, and set forth the specific ground for objection. CCP 2031.240(b). Michelle Bajjalieh's general objections are improper and, overall, she failed to meet her burden. Joanne Rajaei-Tehrani's request for additional responses to Special Interrogatories 25-33 and additional production for Requests for Production 10-24 and 27-28 is GRANTED. The issue is privilege. Michelle Bajjalieh may provide a further response by serving a privilege log that adequately identifies each document the responding party claims is privileged and the factual basis for the privilege claim under Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 116, 1127. Any documents not adequately identified as privileged must be produced.Joanne Rajaei-Tehrani's request for sanctions is GRANTED. Joanne Rajaei-Tehrani has prevailed and sanctions are mandatory, unless the court finds that Michelle Bajjalieh acted with substantial justification or that other circumstances make the imposition of the sanction unjust. See CCP 2030.300(d) and 2031.310(h). The court finds that Michelle Bajjalieh did NOT act with substantial justification and circumstances do not make the imposition of sanction unjust. Michelle Bajjalieh shall pay to Joanne Rajaei-Tehran $2,820.00 within 10 days of service of notice of entry of this order.Michelle Bajjalieh's request for monetary sanctions is denied. Bajjalieh's opposition to the motion was without merit; additionally, the court cannot find that Joanne Rajaei-Tehrani requested information outside the scope of possible discovery, failed to meet and confer in reasonably good faith, or otherwise abused the discovery process. See C.C.P. 2023.010(a), (c), (h), and (i), 2023.310(h), 2030.300(d), and 2031.310(h).Movant Joanne Rajaei-Tehrani, shall lodge with the clerk in Department 204 by the time set for this hearing a proposed order consistent with this tentative.


Case Number:*******4049
Case Title:THE ESTATE OF ANTON BAJJALIEH
Court Date:APR-26-2022 09:00 AM
Court/Room:204
Examiner:BRANDON SLYKHOUS
Calendar Matter:PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
Rulings:Hearing appearance required. Remote appearance by video or telephone should be made whenever possible. Please review the 10th amended general order for more information. To appear by Zoom, go to Zoom.com and click Join Meeting, and use the ID and password below.Meeting ID: 875 8017 7925Password: 722809To appear by telephone through Zoom, call 1-669-900-6833 and follow the prompts, using the meeting ID and password above.Parties appearing should check in for the hearing using their first and last name and case number.ISSUES (may be addressed at hearing):1) Court to determine how to proceed. Parties have not reached a settlement.2) Issues in Michelle Bajjalieh Petition of Lost Will: [Same issues since 4/21/2021.]a. A proposed nonresident personal representative will be required to post a bond to protect California creditors, even if the will waives, or all beneficiaries waive, bond. A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be used by the Court to determine the amount of the bond, but in no event will the bond be less than $20,000. [LRSF 14.16 F.] In response attorney E. Neal McGettigan filed a Declaration on 05/10/2021 that is not signed or verified by Petitioner Michelle Bajjalieh. [See CRC 7.103]b. Petitioner Michelle Bajjalieh has not submitted a hard copy of the proposed order to the Examiner in room 202 at least five (5) court days in advance of the scheduled hearing date, with the scheduled hearing date noted on the face sheet. [See LRSF 14.7]. 3) Issues in First Amended Petition for Letters of Administration [Filed 08/11/2021 by Jacqueline Ahwal]a. DE-121 Notice was not given 15 days prior to the hearing to the following individuals directly but was given 1 day prior to the 10/6/2021 hearing: Michelle Bajjalieh, Matthew Joseph Bajjalieh, Terah Bajjalieh, and Debra Dolch.


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