San Mateo — 97-14

Source: https://sanmateo.courts.ca.gov/system/files/97-14.pdf

Sparse pages use OCR; original PDF remains authoritative.

STANDING ORDER NO. 97-14 SUPERIOR AND MUNICIPAL COURTS OF SAN MATEO COUNTY COUNTY OF SAN MATEO, STATE OF CALIFORNIA FILED IN THE SUPERIOR COURT ) SUPERIOR AND MUNICIPAL COURTS FOR THE ) OF SAN MATEO COUNTY COUNTY OF SAN MATEO. )ss. STATE OF CALIFORNIA _ ) JUN 16 1997 STANDING ORDER RE: FILING OF INVENTORY AND APPRAISEMENT Based upon the Exparte Application of Steven L, Dylina, Deputy County Counsel as attorney of record for the San Mateo County Public Guardian; and GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that this standing order will now issue excusing the Public Guardian for the County of San Mateo from complying with the requirements of Probate Code Section 2610 in filing the Inventory and Appraisement within 90 days from the date of appointment only in those instances where the conservatee owns real property and where it is necessary to sell said real property to meet the needs of the conservatee. IT IS FURTHER ORDERED that the Public Guardian for the County of San Mateo will advise the Court that the sale of the conservatee’s real property is anticipated in the General Plan filed with the Court. This order shall supersede any previous order(s) and shall remain in effect indefinitely and until such time as the order is vacated or superseded by the Presiding Judge. tat four Mark R. Forcum, Presiding Judge

fe te be eo a oO Ww STANDING ORDER 97-14 THOMAS F. CASEY, II, COUNTY COUNSEL STATE BAR NO. 47562 FILED STEVEN L. DYLINA, DEPUTY STATE BAR NO, 76301 Ee ol REDWOOD CITY, CA 94063 MAY 3 0 1997 Telephone: (415)363-4989 Peggy ct Officer Clerk oe Attorneys for San Mateo County By! pa Public Guardian aa IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO EX PARTE PETITION FOR STANDING ORDER RE: FILING OF INVENTORY AND APPRAISEMENT By way of this Ex Parte Application for Waiver of the provisions set forth in Probate Code Section 2610 requiring the conservator to file the Inventory and Appraisement within 90 days from the date of appointment, it is submitted to the Court that many of the probate conservatorships filed by the Public Guardian for the County of San Mateo involve a conservatee who owns real property. In numerous instances there is a need to sell this real property to meet the long-term needs of the conservatee. It is also submitted to the court that a pattern has developed whereby the bids received pursuant to the sale of real property has been established consistently at 90% of the appraised value set forth in the Inventory and Appraisement filed with the Court, Given the depressed real estate market in the San Francisco Bay Area it is the experience of Steven L. Dylina, Deputy County Counsel that overbids at the time of confirmation of sale are the noted exception and not the general rule. Probate Code Section 2610 allows the court discretion as to the time that the Inventory and Appraisement is in fact filed with the Court. By way of this Ex Parte Application, Steven L. Dylina, Deputy County Counsel as attorney for the San Mateo County Public Guardian requests the issuance

n= oc bh iM tl tH ta i) tw ta hh = _ _ — _ _ - —— — — es] —] a a] = Ka bMS _ co] re) oe an nA b Ww bh —_ STANDING ORDER 97-14 of a Standing Order allowing the Inventory and Appraisement to be filed in conjunction with the filing of the Petition for Confirmation of the Sale of Real Property. It is anticipated that this procedure will eliminate the current practice of receiving only 90% of the appraised value at the time of the initial bid. By way of this Ex Parte Application the Public Guardian is seeking leave of the Court to file the Inventory and Appraisement past the 90 day time requirement of Probate Code Section 2610 only in those conservatorship proceedings where the conservator seeks to sell the real property of the conservatee. This request will either be set forth in the General Plan filed with the Court or alternatively by Ex Parte Petition filed by the County Counsel for the County of San Mateo. op DATED: ee Bo (G97)

RESPECTFULLY SUBMITTED, THOMAS F. CASEY, IN, COUNTY COUNSEL GADON SER VEPET@GIO WPIE