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Schuman v. Schuman

Schuman v. Schuman
07:31:2006

Schuman v. Schuman



Filed 7/28/06 Schuman v. Schuman CA1/4







NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR










HOWARD C. SCHUMAN,


Plaintiff and Appellant,


v.


BESSIE SCHUMAN, an Incompetent Person, etc.


Defendant and Respondent.



A112280


(San Francisco County


Super. Ct. No. PTR-03-284928)



The probate court appointed a guardian ad litem to represent an incapacitated trustor in pending litigation. The guardian was appointed to represent the trustor in two separate lawsuits, and in an accounting of the trust. A beneficiary of the trust maintained that the court had no authority to appoint a guardian for more than the single lawsuit pending in the probate court. The court rejected the argument but the beneficiary repeated it in opposing the guardian's subsequent fee request. The beneficiary again argued that the guardian's authority was limited to the probate court action alone, and maintained that resolution of the probate action ended the guardianship and entitlement to fees. The guardian asked the court to sanction the beneficiary for â€





Description The probate court appointed a guardian ad litem to represent an incapacitated trustor in pending litigation. The guardian was appointed to represent the trustor in two separate lawsuits and in an accounting of the trust. A beneficiary of the trust maintained that the court had no authority to appoint a guardian for more than the single lawsuit pending in the probate court.
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