Conservatorship of Hopkins

Filed 6/14/06 Conservatorship of Hopkins CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

I. INTRODUCTION

In December 2002, Linda Kretz, the Alameda County Public Guardian (the Public Guardian) was appointed conservator of the person and estate of Marie B. Hopkins (Marie). The Public Guardian initiated these proceedings by filing a petition, pursuant to Probate Code section 850 et seq. against Marie's nephew, Jeffrey C. Baker (Baker or Jeffrey Baker), to compel an accounting, to recover property wrongfully taken from Marie, to impose a constructive trust, and to recover double damages. After a court trial, judgment was entered holding Baker liable for $1,057,475 plus interest, for wrongfully taking assets from Marie's estate, and for an additional $2,114,950 because of Baker's bad faith conduct.

Baker is representing himself on appeal as he did in the lower court.[1] Although his briefs are long and convoluted, we discern only one claim on appeal, i.e., that the trial court's statement of decision is inadequate. We disagree and, therefore, affirm.

II. STATEMENT OF FACTS

A. Baker's Fraudulent Acquisition of Marie's Assets

In May 1998, Marie was an 80-year-old retired teacher and widow who lived in Washington D.C. When Marie's husband Anthony died the previous year, his probate estate was valued at $583,538.61. Marie owned additional significant assets, including her own home, and had a monthly income from her pension and Veterans' Administration benefits of approximately $5,000.

On or about May 27, 1998, Marie executed a form entitled â€