Conservatorship of James R. Gill

each member of the conspiracy acted in concert and came to a mutual understanding to accomplish a common and unlawful plan, and that one or more of them committed an overt act to further it. [Citation.] It is not enough that the conspiring officers knew of an intended wrongful act, they had to agree – expressly or tacitly – to achieve it.” (Choate v. County of Orange (2000) 86 Cal.App.4th 312, 333.) The Court finds no evidence of any such agreement here.

Based on the foregoing, the Court finds that Plaintiffs have not carried their burden of showing a likelihood of prevailing on the merits of their claims against Mimi Leong. Plaintiffs also fail to carry their burden of showing a likelihood of prevailing on the merits of their claims against Kenneth Leong based on giving false information to police and/or assisting with the filing and prosecution of Leong v. Mazy I and II

3. Fee Request

Through the Notice of Motion, Moving Defendants indicate that they will “seek their attorney’s fees incurred in connection with this motion by way of a separate attorney's fee request following the hearing on this motion.” The Court concludes that this statement is not sufficient to raise the issue in connection with the instant motion. This does not, however, foreclose Moving Defendants from seeking such fees. (See Melbostad v. Fisher (2008) 165 Cal.App.4th 987, 992 [“In general, the party prevailing on a special motion to strike may seek an attorney fees award through three different avenues: simultaneously with litigating the special motion to strike, by a subsequent noticed motion, or as part of a cost memorandum at the conclusion of the litigation”].)

PROBATE CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Conservatorship of James R. Gill 25PR000132

[1] FIRST ACCOUNT AND REPORT OF CONSERVATOR; PETITION FOR ALLOWANCE OF FEES TO CONSERVATOR OF PERSON AND ESTATE AND ATTORNEY FOR CONSERVATOR

[2] REVIEW – 1ST YEAR

TENTATIVE RULING: The Petition is GRANTED, including fees as prayed. After a review of the matter, the Court finds the Conservator is acting in the best interest of the Conservatee. Thus, the matter is set for a Review – Biennial and for an Accounting in two years on September 01, 2028, at 8:30 a.m. in Dept. A. All accounting documents must be filed at least 30 days prior to the hearing. The Court Investigator shall prepare a biennial investigator report for the next hearing date. The Clerk is directed to send notice to the parties.

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