CA CA - Bob Harrod, 81, Orange County, 27 July 2009 - # 5

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believe09 said:
Everyone who loves and misses Bob will have another tough holiday coming up. :(

We know that the outstanding issue for the 12/15 hearing is the audit of the estate and the accounting of how the funds have been used since Mr Harrod went missing. I wonder if there are any other items being heard?
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I hope we find out what happens on December 15th.
 
cloudajo said:
There is in an update in the court records for the Conservatorship case. The Ex Parte Motion was filed first, followed by the Objection.

I wonder what it means?

Objection filed by PB, RB on 11/24/2010
Motion - Other (Ex Parte) filed by FH on 11/24/2010

https://ocapps.occourts.org/ProbPubv2/Home.do
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This is interesting. Something must be going on.
 
believe09 said:
I have only seen these with RO/PO's-wonder if there is a protection order now for Mrs Harrod??? And what might the threat have been? Just speculating here....
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From another online definition of an 'ex parte' proceeding:

"Ex parte judicial proceedings are usually reserved for urgent matters where requiring notice would subject one party to irreparable harm. "

from: http://legal-dictionary.thefreedictionary.com/Ex+parte+application

I offer this to underline that a lawyer initiates this type of action when there is an *urgent* threat or risk. A competent lawyer would not do so for frivolous reasons or to burden legal resources.

I do hope Fontelle is safe (would be good if she has family around), and knows that there are many with her who are working to ensure justice is served.
 
I've seen it used in family court in regards to custody of children as well
 
suzyq211 said:
...and it was objected to by daughters?
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Yes -- according to online records, by PB and RB. (As per before, and I'm sure that none of the readers of this thread will have a heart attack if I reveal this: daughter JM has remained at arm's length from the probate matters.)
 
peeples said:
I've seen it used in family court in regards to custody of children as well
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Yes -- it could be used in almost any sort of case, theoretically. What it basically means (and forgive me for the over-simplification that I know is here) is that one party is saying to the court: "Hey, I have thought this through carefully, and I have found out that something has happened or will happen that could harm my client irreparably, and it's so important that it can't wait until the next time that we were scheduled to talk to the court/judge."
 
Wow-this really makes me anxious then! Like I said, I have only known of them in RO/PO situations-If the ex parte was filed by Mrs Harrod's attorney and the daughters' attorney objected, then we have to conclude it has something to do with them...yikes.
 
Montjoy said:
Yes -- according to online records, by PB and RB. (As per before, and I'm sure that none of the readers of this thread will have a heart attack if I reveal this: daughter JM has remained at arm's length from the probate matters.)
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Your right-she wasnt at the November hearing. I wonder if she will be at the one on the 15th? I guess it is unlikely as she has no standing in the case-it is her sisters that are running the show.
 
believe09 said:
Wow-this really makes me anxious then! Like I said, I have only known of them in RO/PO situations-If the ex parte was filed by Mrs Harrod's attorney and the daughters' attorney objected, then we have to conclude it has something to do with them...yikes.
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I'm anxious too. And worried for Fontelle. A reporter might be wise to start hanging out at these hearings.
 
I hope Fontelle is ok. It will be interesting to see if it is media who shows up for the hearing on the 15th or ???? OC or ???? Never know who might be on the case these days and what might be that small thing that breaks the case.

The next hearing is on the 15th, correct?

Hmm....
 
Cubby said:
I hope Fontelle is ok. It will be interesting to see if it is media who shows up for the hearing on the 15th or ???? OC or ???? Never know who might be on the case these days and what might be that small thing that breaks the case.

The next hearing is on the 15th, correct?

Hmm....
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Yes, December 15th at 9am.
 
Hi guys-I have an official transcript of the hearing on 11/16/10. is going to put it on the thread for me. I will let everyone digest it before I get into any highlights...because the hearing was public, the transcripts are available through normal channels.
 

Attachments

  • Reporter's Transcript for 11-16-10 Hearing[2].pdf
    212.8 KB · Views: 111
Looking forward to reading them when can get them here.
 
believe09 said:
Hi guys-I have an official transcript of the hearing on 11/16/10. is going to put it on the thread for me. I will let everyone digest it before I get into any highlights...because the hearing was public, the transcripts are available through normal channels.
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So the co-conservators / co-trustees (aka two daughters) haven't been complying with the terms of the settlement agreement, and so the ex parte motion was filed by Fontelle’s attorney to address that?

Also, the attorney for the two daughters requested an extension to produce the accounting and stated that one of the reasons it took them longer than usual to do the inventory and appraisal was because they never got the “statements” from the objector and had to get them directly from the bank. Why would they be getting bank statements from Fontelle to begin with? Wouldn’t they go through the bank? How long does it take to get bank statements?

 
cloudajo said:
So the co-conservators / co-trustees (aka two daughters) haven't been complying with the terms of the settlement agreement, and so the ex parte motion was filed by Fontelle’s attorney to address that?

Also, the attorney for the two daughters requested an extension to produce the accounting and stated that one of the reasons it took them longer than usual to do the inventory and appraisal was because they never got the “statements” from the objector and had to get them directly from the bank. Why would they be getting bank statements from Fontelle to begin with? Wouldn’t they go through the bank? How long does it take to get bank statements?

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BBM

Haven't we been down this road before?
 
I think what relieves me is that as of the last hearing, 11/16/10, the Harrod Trust had everything they needed to complete the audit. There should be no need for a continuance again on 12/15/10. Their attorney would have stated otherwise, correct?
 
I'd love to see the accounting. Will be interesting to see what excuses the daughters atty comes up with to further delay their obligations to uphold their parents wishes.

hmpf

jmo
 
cloudajo said:
So the co-conservators / co-trustees (aka two daughters) haven't been complying with the terms of the settlement agreement, and so the ex parte motion was filed by Fontelle’s attorney to address that?

Also, the attorney for the two daughters requested an extension to produce the accounting and stated that one of the reasons it took them longer than usual to do the inventory and appraisal was because they never got the “statements” from the objector and had to get them directly from the bank. Why would they be getting bank statements from Fontelle to begin with? Wouldn’t they go through the bank? How long does it take to get bank statements?
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Lazyness. A good attorney protecting their clients best interest would have gone directly to the bank from the get go to obtain any necessary financials or bank statements. Not go through a 3rd party. Perhaps a delay tactic.

jmo
 
It will probably be the 15th before we hear anything more, but just bumping this thread up a bit.
 
Thanks Opie...I am pretty sure there is a lot of activity going on behind the scenes. It will be an interesting hearing-per the trust Atty, there are no docs missing that would prevent the audit from being completed, so the transcripts should provide some good information!
 
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