Still Missing CA - Maya Millete, 39, missed daughter's birthday, Chula Vista, 7 Jan 2021 *husband arrested* #5

[Niner]

Monday, August 12th:
*Review Hearing (Conservatorship) (@ 11am PT) – CA - *May “Maya” Millete (39) (last seen @ home on Jan. 7, 2021, near San Miguel Ranch area, Chula Vista & reported missing Jan. 9, 2021 by her sister; not found). *Larry Ibarreta Millete (40/now 42) – Conservatorship Case for Estate only: To have a conservator take control of Maya’s estate in her absence filed on 5/11/23 by sister Maricris Drouaillet. San Diego County Probate
Murder on 12/10/24 / Guardianship on 11/18/24
Judge Ronald F. Frazier presiding.
Case & court info from 1/7/21 thru 3/28/24 reference post #869 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-44
4/18/24 Docket update: [53] Notice of hearing on Petition to Determine Claim to Property Filed by Kaitlyn Welling. Filed By: Petitioner Welling, Kaitlyn. Notice of Hearing on Petition to Determine Claim to Property (Notice of Hearing on Petition to Deter. [54] Notice of Hearing on Petition to Determine Claim to Property Filed by Kaitlyn Welling. Filed By: Petitioner Welling, Kaitlyn. Notice of Hearing on Petition to Determine Claim to Property (Notice of Hearing on Petition to Deter. Next review hearing on 5/13/24 @ 11am.
5/8/24 Docket update: [55] Court Appointed Attorney Report filed by May T. Millete Filed by: Proposed Conservatee Millete, May T. Court Appointed Attorney Report (Court Appointed Attorney Report). Count: 2. 5/9/24 Docket update: [56] Substitution of Attorney filed by Judith I. Millete. Filed by: Interested Party Judith I. Millete. Count: 2. 5/13/24 Docket update: [57] Count 2: Substitution of attorney filed by interested party Judith I. Millete. [58] Count 1: Media request to photograph, record or broadcast. [59] Count 2: Order on media request to permit coverage-granted. [60] Count 1: Minute order. [61] Count 1: Other-minute Order.
7/12/Docket update: [62] Rejected filing. Substitution of Attorney. e-filing rejection Notice SD. [63] System generated Notice e-mailed. 7/15/24 Docket update: [64] Objection to Petition for 1) Partition of Real Property; 2) To Return Assets to Conservatee; 3) For Recovery of Damages for Breach of Fiduciary Duty; and 4) For Equitable Allocation of Proceeds of Sale of Real Property Filed by Judith I. Millete. Filed By: Attorney in Fact Judith Millet. Refers To: Objector Millete, Larry. Objection - Other (Objection to Petition for 1) Partition of Real Property; 2) To Return Assets to Conservatee. [65] Proof of service filed by Judith I. Millete. ROA #50-Petition: for Partition of Real Property; (1) to Return Assets to Conservatee; (2) for Recovery of Damages for Breach of Fiduciary Duty; and (3)for Equitable Allocation of Proceeds of Sale of Real Property [Cal. Code Civ. Proc. 872.230; Prob. C 850; Fam. Code 1100, 721] filed on 3/14/24 by Kaitlyn Welling. Next review hearing regarding funds to be allotted on 8/12/24 @ 11am.

 

[Curious Me]

Olga Alvarez has long appeared on the "case details" but after I scanned through pages of her Central Court calendar, I went back to the docket and referenced the ROA where Judge Ronald Frazier, Dept 1603 was identified for the first time. Frazier never appeared until "Court Trial" entries made it on the docket.

Hearing Entries​

ROA Number	Event Date	Event Type / Comments	Documents
8/8/2024	Court Trial ROA 36 Hearing Date: 8/8/2024 9:15 AM Judicial Officer: FRAZIER, RONALD F. Department: 1603	N/A

https://odyroa.sdcourt.ca.gov/Cases

Thank You, @Seattle1. A Judge Fraser was the Judge for the Ali Abulaban Murder Trial, but the name is spelled different though. I wonder if it's the same Judge. I'm going to check it out.

Okay, I'm back. I found it... it was Judge Jeffrey Fraser, not Judge Ronald Frazier. Close, but no cigar, huh.

Jury deliberations begin in double murder trial of former TikTok star
May 24, 2024

FOX 5 San Diego & KUSI News

Get the latest San Diego news, breaking news, weather, traffic, sports, entertainment and video from fox5sandiego.com. Watch newscasts from FOX 5/KSWB and KUSI.

fox5sandiego.com

"Judge Jeffrey Fraser said multiple times during the trial how attentive this jury has been to this case."
​

 

[mlhenn]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

After a week of court argument and testimony in a guardianship trial, a San Diego probate judge has granted custody of Maya Millete’s three children to her sister, Maricris Drouaillet.

Judge Ronald Frazier ruled Monday that the children must move into the Drouaillets' home in Riverside County by noon on Sunday, August 18.

There will be a six-week pause in visitation by the paternal grandparents, to give the children a chance to settle into their new home and enroll in school. The grandparents will be allowed to text the children two times per day, the judge ordered.

 

[Seattle1]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

After a week of court argument and testimony in a guardianship trial, a San Diego probate judge has granted custody of Maya Millete’s three children to her sister, Maricris Drouaillet.

Judge Ronald Frazier ruled Monday that the children must move into the Drouaillets' home in Riverside County by noon on Sunday, August 18.

There will be a six-week pause in visitation by the paternal grandparents, to give the children a chance to settle into their new home and enroll in school. The grandparents will be allowed to text the children two times per day, the judge ordered.

This is wonderful news! So happy for Maya's family.

 

[Niner]

This is wonderful news! So happy for Maya's family.

Yes! Definitely great news!

So - does that mean the Convertorship part is over also - or is there a next hearing date for it? I could only find a calendar up to 8/16/24. TIA if you find something.

 

[IHAVENOCLUE]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

After a week of court argument and testimony in a guardianship trial, a San Diego probate judge has granted custody of Maya Millete’s three children to her sister, Maricris Drouaillet.

Judge Ronald Frazier ruled Monday that the children must move into the Drouaillets' home in Riverside County by noon on Sunday, August 18.

There will be a six-week pause in visitation by the paternal grandparents, to give the children a chance to settle into their new home and enroll in school. The grandparents will be allowed to text the children two times per day, the judge ordered.

What wonderful news!

I was so afraid it wouldn't go in this direction!

 

[Curious Me]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

After a week of court argument and testimony in a guardianship trial, a San Diego probate judge has granted custody of Maya Millete’s three children to her sister, Maricris Drouaillet.

Judge Ronald Frazier ruled Monday that the children must move into the Drouaillet's home in Riverside County by noon on Sunday, August 18.

There will be a six-week pause in visitation by the paternal grandparents, to give the children a chance to settle into their new home and enroll in school. The grandparents will be allowed to text the children two times per day, the judge ordered.​

Wow, this is huge news, and great news! It's going to be an enormous change for the children and take some time for them to adjust, but it is definitely best for them in the long run. The grandparents should've been encouraging their therapy visits. I'm sure those kids adored their mother, and have been around people who besmirched her memory and confused the children about why Maya's not there. I'm sure this is what Maya would've wanted for her children. ​

 

[Tink56]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

After a week of court argument and testimony in a guardianship trial, a San Diego probate judge has granted custody of Maya Millete’s three children to her sister, Maricris Drouaillet.

Judge Ronald Frazier ruled Monday that the children must move into the Drouaillets' home in Riverside County by noon on Sunday, August 18.

There will be a six-week pause in visitation by the paternal grandparents, to give the children a chance to settle into their new home and enroll in school. The grandparents will be allowed to text the children two times per day, the judge ordered.

Wow! This is wonderful as I as so many feared the negative impact of the paternal grandparents on the children's perception of their mother.

School has already started in Chula Vista, so this will come as a shock to the older children in particular. I wonder what evidence was presented during the hearing. Thirteen and fourteen year-old-girls can be overly emotional and sometimes need the safety and security of family. Hope that Maricris and family are getting lots of guidance and support in Riverside County.

Only good thoughts and prayers for the positive outcome of this decision.

What happens to the Chula Vista home at this time? Have the paternal grandparents been renting it from the new owner? So many questions.....Will the Drouuailet's receive financial assistance as they take over guardianship? It's a very short timeline....

 

[Seattle1]

Update to docket as of 8/13/24 PM:

Take note that while the Court has ruled in favor of Maricris's petition, the Court Order, Exhibits, and minutes are locked and can't be viewed by the public.

Case Number 37-2021-00046499-PR-GP-CTL
Case Title Guardianship Of Lara Mae Millete, Maylani Millete, and Lazarus Tristan Millete [IMAGED]

Scheduled Hearings

Hearing Date and Time	Hearing Department	Hearing Type / Comments
11/18/2024 11:00 AM	503	Review Hearing Review Hearing RE: Therapy and Visitation

All Entries​

ROA Number	Event Date	Event Type / Comments	Documents
	8/12/2024	Court Trial ROA 36 Hearing Date: 8/12/2024 9:30 AM Judicial Officer: FRAZIER, RONALD F. Department: 1603	N/A
	8/12/2024	Court Trial ROA 1 Hearing Date: 8/12/2024 9:30 AM Judicial Officer: FRAZIER, RONALD F. Department: 1603	N/A
379	8/12/2024	Exhibit List	Exhibit List Page Count: 7
378	8/12/2024	Minute Order #36 - Petition for Appointment of Guardian of Minor(s)	Minute Order Page Count: 2
377	8/12/2024	Minute Order #1 - Petition for Appointment of Guardian of Minor(s) - Person	Minute Order PR SD Page Count: 2
376	8/12/2024	Letters of Guardianship - Person Filed by Maricris Drouaillet Filed By: Petitioner Drouaillet, Maricris	Letters of Guardianship - Person Page Count: 2
375	8/12/2024	Order Appointing Guardian or Extending Guardianship of the P Filed by Maricris Drouaillet Filed By: Petitioner Drouaillet, Maricris	Order Appointing Guardian or Extending Guardianship of the Person Page Count: 5

https://odyroa.sdcourt.ca.gov/Cases

 

[Seattle1]

Update to the docket as of 8-13-24 PM:

Case Details​

Case Number 37-2023-00017948-PR-CE-CTL
Case Title Conservatorship of May T. Millete aka Maya Millete [IMAGED]
Case Category Probate
Case Type - Conservatorship of Estate Only
Case Status -Pending
Date Filed 04/26/2023
Case Age 475
Location Central
Judicial Officer -ALVAREZ, OLGA


Case Parties

Name	Role	Representation
Drouaillet, Maricris	Petitioner	SHERRY, ADAM L.
MILLETE, JUDITH I	Attorney in Fact; Interested Party	BRUMER, STEVEN K
Millete, Larry	Interested Party; Objector
Millete, May T. Millete, Maya	Proposed Conservatee	Nazimova, Olga
Welling, Kaitlyn	Petitioner; Proposed Conservator

Scheduled Hearings
No Future Hearings.

All Entries​

ROA Number	Event Date	Event Type / Comments	Documents
	8/12/2024	Review Hearing ROA #50 - Petition: for Partition of Real Property; (1) to Return Assets to Conservatee; (2) for Recovery of Damages for Breach of Fiduciary Duty; and (3)for Equitable Allocation of Proceeds of Sale of Rela Property [Cal. Code Civ. Proc. 872.230; Prob. C 850; Fam. Code 1100, 721] filed on 03/14/2024 by Kaitlyn Welling Hearing Date: 8/12/2024 11:00 AM Judicial Officer: ALVAREZ, OLGA Department: 503	Probate Notes Page Count: 2
	8/12/2024	Review Hearing Review Hearing re: Update Regarding Funds to be Allotted Hearing Date: 8/12/2024 11:00 AM Judicial Officer: ALVAREZ, OLGA Department: 503	Probate Notes Page Count: 2
68	8/12/2024	Appointment of Official Reporter Pro Tempore Monique Minahan	Appointment of Official Reporter Pro Tempore Page Count: 1
67	8/12/2024	Order on Media Request to Permit Coverage	Order on Media Request to Permit Coverage Page Count: 2
66	8/12/2024	Media Request to Photograph, Record, or Broadcast	Media Request to Photograph, Record, or Broadcast Page Count: 1

https://odyroa.sdcourt.ca.gov/Cases

07/16/2024
CONTESTED

ROA#50
PETITION:FOR PARTITION OF REAL PROPERTY;
(1) TO RETURN ASSETS TO CONSERVATEE;
(2) FOR RECOVERY OF DAMAGES FOR BREACH OF FIDUCIARY DUTY; AND
(3)FOR EQUITABLE ALLOCATION OF PROCEEDS OF SALE OF RELA PROPERTY[Cal. Code Civ. Proc. 872.230; Prob. C 850; Fam. Code 1100, 721]Filed 03/14/2024Examiner: Gabriela Gonzalez


OBJECTION

1.(ROA#64) Objection to Petition for (1) Partition of Real Property; (2) To Return Assets to Conservatee; (3)For Recovery of Damages for Breach of Fiduciary Duty; and (4) For Equitable Allocation of Proceeds of Sale of Real Property filed 07/15/2024

RELIEF SOUGHT

17. The partition procedure set forth under the Code of Civil Procedure is not appropriate where, as here, the two co-owners are parties to a valid marriage. Similarly, an action for an accounting of community property or for breach of fiduciary duty between spouses is not appropriate in the context of a conservatorship.18. The division of community property and the pursuit of damages for breach of the fiduciary duty each spouse owes to the other is the province of the Family Court. To grant this petition would set a precedent that married persons can sue each other for partition of real property and for breach of fiduciary duty in contravention of clear statutory guidance stating that the Family Court is the sole locus for the adjudication of such disputes.19. Respondent and his attorney in fact therefore respectfully request that this court deny the petition in its entirety.

SUMMARY

Petitioner is informed and believes that the Real Property is the sole community property of significant value that remains. Accordingly, to the extent that Petitioner is entitled to recovery of community property assets and/or damages for Respondent’s breach of fiduciary duties to the community estate, the Court should order recovery of Conservatee’s interest in community assets and damages from the proceeds of the sale.

 

[Seattle1]

8/12/24

Judge grants custody of Maya Millete's children to her sister

A judge on Monday granted custody of missing Chula Vista mother Maya Millete’s three children to her sister, Maricris Drouaillet.

www.nbcsandiego.com

 

[Seattle1]

https://fox5sandiego.com/news/local-news/court-grants-custody-of-maya-milletes-children-to-her-sister/

8/13/24

The guardianship dispute marks the first to be resolved in connection to the then-39 year-old’s disappearance from her Chula Vista home in January 2021. After a nine month investigation, she was presumed dead by authorities. Her body has not been found in the years since.

[..]

The case, which has been drawn out by multiple months-long delays, has been ongoing alongside probate proceedings to work through the settling of Maya’s estate.

 

[Seattle1]

Sister of Maya Millete granted custody of missing woman's 3 children

Judge rules children must move to the home of Maricris Drouaillet in Riverside County.

www.cbs8.com

8/12/24

The judge said he would sign a formal, written ruling within 10 days.

Maya’s children, now ages 14, 13, and 7, had remained at the family’s Chula Vista home with their paternal grandparents as a nearly three-year guardianship battle continued in court. The grandparents failed to make mortgage payment on the house, which is expected to be sold by the end of the year or, in the alternative, foreclosed upon in January, according to court testimony.

[..]

Guardian ad litem, Kelly James, represented the interests of the children during the guardianship case. James told the judge she recommended Drouaillet be granted custody of the children, even though the children told James they wanted to stay with their grandparents.

“These two sides of the family cannot work together in the best interests of the children,” James said in court.

She said the grandparents, Benito and Judith Millete, had not supported the children to attend therapy or visitations with the maternal side of the family.

[..]

Judge Frazier issued an oral ruling immediately following closing arguments, saying to the grandparents, “You have failed your grandchildren emotionally by not supporting their therapy and visitation.”

 

[Seattle1]

What happens to the Chula Vista home at this time? Have the paternal grandparents been renting it from the new owner? So many questions.....Will the Drouuailet's receive financial assistance as they take over guardianship? It's a very short timeline....

^^rsbm

Acting for LM, reportedly, the grandparents have not made any mortgage payments and the house is expected to be sold by year end or will be foreclosed in January 2025.

According to the Probation Notes from the Conservatorship case, more than $100K of community assets are missing from the estate of MM.

The judge came down hard on the grandfather during the guardianship hearing -- asking him what he was going to do if the house was foreclosed on. And moving to the neighbors next door did not satisfy the Judge:

“If you’re moving from house to house. If you’re sponging off of the neighbor’s goodwill, how can you say that is stable?” Judge Frazier questioned.

Pending Foreclosure

 

[Seattle1]

What wonderful news!

I was so afraid it wouldn't go in this direction!

Given the children testified (via the GAL) they wanted to live with their grandparents, this decision was surprising but welcome. Talking heads have also opined it's unusual for the Court not to consider the children's request but I think the grandparents shot their opportunity here by failing the children emotionally -- not encouraging therapy and interfering emotionally with a relationship with the maternal family. IMO, this is not going to be an easy transition given the ages of the minors.

 

[Seattle1]

Yes! Definitely great news!

So - does that mean the Convertorship part is over also - or is there a next hearing date for it? I could only find a calendar up to 8/16/24. TIA if you find something.

No, while the next hearing date has not been set, the Guardianship Judge announced he would be issuing a written Order in 10 days. There is still much left on the docket for the Estate of MM including the sale of the residence and receipt of the written guardianship Order for consideration so the Conservatorship is not "over." MOO

 

[Niner]

Update to docket as of 8/13/24 PM:

Take note that while the Court has ruled in favor of Maricris's petition, the Court Order, Exhibits, and minutes are locked and can't be viewed by the public.

Case Number 37-2021-00046499-PR-GP-CTL
Case Title Guardianship Of Lara Mae Millete, Maylani Millete, and Lazarus Tristan Millete [IMAGED]

Scheduled Hearings

Hearing Date and Time	Hearing Department	Hearing Type / Comments
11/18/2024 11:00 AM	503	Review Hearing Review Hearing RE: Therapy and Visitation

All Entries​

ROA Number	Event Date	Event Type / Comments	Documents
	8/12/2024	Court Trial ROA 36 Hearing Date: 8/12/2024 9:30 AM Judicial Officer: FRAZIER, RONALD F. Department: 1603	N/A
	8/12/2024	Court Trial ROA 1 Hearing Date: 8/12/2024 9:30 AM Judicial Officer: FRAZIER, RONALD F. Department: 1603	N/A
379	8/12/2024	Exhibit List	Exhibit List Page Count: 7
378	8/12/2024	Minute Order #36 - Petition for Appointment of Guardian of Minor(s)	Minute Order Page Count: 2
377	8/12/2024	Minute Order #1 - Petition for Appointment of Guardian of Minor(s) - Person	Minute Order PR SD Page Count: 2
376	8/12/2024	Letters of Guardianship - Person Filed by Maricris Drouaillet Filed By: Petitioner Drouaillet, Maricris	Letters of Guardianship - Person Page Count: 2
375	8/12/2024	Order Appointing Guardian or Extending Guardianship of the P Filed by Maricris Drouaillet Filed By: Petitioner Drouaillet, Maricris	Order Appointing Guardian or Extending Guardianship of the Person Page Count: 5

https://odyroa.sdcourt.ca.gov/Cases

Thanks for this update - BUT!! I am missing #373 & #374 - were those skipped... ?

No, while the next hearing date has not been set, the Guardianship Judge announced he would be issuing a written Order in 10 days. There is still much left on the docket for the Estate of MM including the sale of the residence and receipt of the written guardianship Order for consideration so the Conservatorship is not "over." MOO

Okay - thanks for that case update!

 

[Seattle1]

Thanks for this update - BUT!! I am missing #373 & #374 - were those skipped... ?

Here you go -- the Minute Orders are locked -- can't be viewed:

374	8/8/2024	Minute Order #36 - Petition for Appointment of Guardian of Minor(s)	Minute Order PR SD Page Count: 5
373	8/8/2024	Minute Order #1 - Petition for Appointment of Guardian of Minor(s) - Person	Minute Order PR SD Page Count: 5

https://odyroa.sdcourt.ca.gov/cases/CfDJ8JPtzktiHTtHg0-gW-hy5AWifRUPCWZsh8krNeUZTPOqW_pYwPTP6ntKPlv16G3x9VYdHuIn2BeSoRR8Hu60W5sbisc2R-PKsMcmtQtkplrZvMwzC2F3Ck8LlCDgfHwHhA

 

[Seattle1]

@Niner -- I noticed that Olga Alvarez is presiding over the Conservatorship matter and this might explain why the Guardianship Trial was heard by Judge Ronald Frazier. Probably a conflict for her to preside over both matters.

 

[Seattle1]

Maya Millete's Sister Wins Custody of Her Three Kids

Maya Millete's sister wins custody of Maya's three children. The children had been living with Larry Millete's family, Maya's alleged killer.

www.courttv.com