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- SANTA BARBARA COUNTY SUPERIOR COURT RULES - NOTICE OF PROPOSED ADOPTION OR AMENDMENT OF RULES,
TO: The State Bar of California The Attorney General, State of California Local Bar Associations, Santa Barbara and adjoining Counties Office of County Counsel, Santa Barbara and adjoining Counties Office of District Attorney, Santa Barbara and adjoining Counties Office of Public Defender, Santa Barbara and adjoining Counties Interested Others
Please be advised that, on or about December 1 and June 1 of each year, the Judges of the Superior Court will adopt any additions and/or amendments to the official local Rules of the Court, to be effective on the following January 1 and July 1, respectively. Copies of all rules proposed for adoption will be posted on the Court’s website in conformity with Rule 981 of the California Rules of Court. Please take notice that both the Court's current Rules, as well as any proposed Rules and amendments, are available for review in electronic form on the Court's website, at www.sbcourts.org. Please be further advised that the Court specifically invites any comment you may desire to make regarding the Court's proposed Rule changes, and that a paper copy of the proposed changes to the Rules is also available upon written request. Both requests for paper copies of proposed Rule changes and any comments on proposed Rules must be addressed as follows: Santa Barbara Superior Court Executive Officer
Thank you for your attention, and for your continuing assistance to us in maintaining and improving the administration and the effectiveness of our local trial court rules. GARY M. BLAIR The following amendments and/or additions to our Court Rules are proposed for adoption, with an effective date of January 1, 2008.
(a) [Contents of Conservatorship Petitions] The Petition for Appointment of Conservator shall be on the form prescribed by the Judicial Council and shall comply with the provisions of Section 1821 of the Probate Code. Care should be taken to complete all appropriate portions of the petition. At the time of the filing of the petition, the petitioner shall provide to the clerk an extra copy of each document filed and delivered to the court, including an Order Appointing Court Investigator, for further delivery to the Court Investigator. (b) [Notice of Hearing] The petitioner or petitioner’s attorney shall be responsible for preparation of notice of hearing and where notice of hearing and where notice by mail is required to be given, petitioner or petitioner’s attorney shall give notice and file a proper proof of service. (c) [Letters of Conservator] Prior to the Letters of Conservator being issued, individual conservators shall take the prescribed oath of office as conservator and sign, date and file the Letters of Conservatorship with the court anytime during the conservatorship hearing. (d) [Duties of Conservator] Prior to the Letters of Conservatorship being issued, individual conservators shall purchase and read the "Handbook for Conservators," and complete and file with the clerk of the court the Duties of the Conservator form. Individual conservators shall not complete the Duties of Conservators form with their Social Security Numbers of Driver’s License numbers; these lines on this form shall be left blank. Private professional conservators as defined in Probate Code Section 2341 are not required to purchase the handbook. (e) [Conservatorship Inventory and Appraisement] The court insists on strict compliance with the provisions of Section 2610 of the Probate Code which require the filing of the inventory and appraisement within ninety (90) days of the appointment. Each inventory item shall be clearly and precisely described. In the case of real property the full legal description, street address and assessor’s parcel number must be included. (f) [Conservatorship Accounts] Conservatorship accounts must conform to the requirements of the Probate Code for Probate accountings. The hearing on the account shall be set no sooner than forty-five (45) days from the date of filing to allow the Court Investigator sufficient time to complete the investigation. If the guardian or conservator is a private professional or licensed guardian or conservator, the guardian or conservator shall lodge all original account statements showing the balance as of all periods covered by the accounting. Documents lodged pursuant to this local rule will be retained until the court's determination of the guardian's or conservator's account has become final, at which time the documents shall be returned to the depositing guardian or conservator or delivered to any successor appointed by the court. (g) [Conservatorship Investigation Costs] In any Conservatorship case where a Court investigator has been appointed, the court will require evidence of compliance with the provisions of Section 1851.5 of the Probate Code regarding the assessment of the cost of the investigation, before a conservatorship is terminated and the conservator discharged. (h) [Appointment of Counsel for Conservatee]. If the court determines that it is in the best interests of the conservatee, or the conservatee requests, the appointment of counsel for the conservatee, the court shall appoint counsel from the list of attorneys willing to accept such appointments maintained by the probate clerk, any other attorney appropriate for such appointment or the public defender’s office. Within forty-eight (48) hours of appointment, the court shall order a "meet and confer" for all counsel involved in the conservatorship proceeding, in person or by telephone. (Adopted, eff. 07-01-98, amended eff. 07-01-00; 01-01-08) 705 ATTORNEY Reasonable attorney's fees shall be
awarded at the discretion of the Court in a tort action involving a
minor, insane or incompetent person. A. Petitions for reasonable attorney’s fees shall contain the following information: 1. A brief statement which sets forth the facts which establish liability. 2. A statement which outlines all medical treatment furnished, to date, what future medical, if any, is expected to be required and the nature and extent of any permanent injuries sustained by the minor, insane, or incompetent person. 3. The total medical expenses incurred by the minor, insane, or incompetent person to date and the estimated cost of any anticipated medical attention which will be required in the future. 4. A reasonably detailed declaration setting forth all effort expended on behalf of the minor, insane, or incompetent person in obtaining the settlement and how it was expended. The declaration should address any or all of the following factors: a. Was the case an obvious liability and policy limits case that just needed processing? b. What was the degree of difficulty involved? c. How much skill was needed and employed? d. How much risk was there of a poor result for the amount of work done? e. How much money did the attorney advance? f. How many hours of work did the attorney do? g. What result was achieved? h. What time elapsed between the work and getting paid the attorney fees? i. The fact that the attorney's fee is contingent on recovery. 5. If the injuries (damages) clearly exceed the amount of the insurance policy being offered, the statement should also include a recitation of all steps taken to determine if any additional coverage or assets are available from which the minor could seek compensation. 6. Any additional information that may be of assistance to the court in determining if the petition should be granted or would assist the court in determining reasonable compensation for the attorney in the case. B. Structured Settlement. If the petition for approval of a claim under Section 3500(b) of the Probate Code relates to a structured settlement calling for future periodic payments, the petition shall state the cost of the annuity.
(Adopted 07-01-98. As amended, eff. 01-01-01; 01-01-08) |
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