Barker v. Carver

WHITE, P. J.

Plaintiff appeals from an adverse judgment in an action instituted by her against Mary Carver, plaintiff’s former guardian, Baymond E. Parr, attorney for said guardian, and Jewel Giroux, sister of plaintiff, to “recover property belonging to appellant (plaintiff herein) that they have never accounted for to appellant (plaintiff) or to the court in the guardianship matter.” Subsequent to the death of defendant Parr on November 29, 1954, Ilo Mohr Parr, as executrix of his estate, was substituted as a party defendant.

The factual background surrounding this litigation may be thus epitomized: On July 24, 1944, plaintiff was committed to the General Hospital of Los Angeles County, and shortly thereafter was committed to the State Hospital at Camarillo, California. On July 14, 1944, defendant Mary Carver, a niece of plaintiff, filed a petition for appointment of

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herself as guardian of plaintiff Clara Myrtle D. Barker, and was thereafter regularly appointed and qualified as such guardian. The estate of said plaintiff was handled by said guardian and through regular procedure was eventually administered, and the accounts of said guardian were settled, attorney’s fees allowed, and the proceedings finally terminated in the court below. An appeal was taken by plaintiff herein “from the judgment on Final Account” and from the order “denying motion for a new trial.” This court affirmed the judgment

(Guardianship of Barker,

100 Cal.App.2d 69 [223 P.2d 64]). Petition for hearing was denied by the Supreme Court on December 18, 1950.

The action involved in this appeal was filed on November 21, 1949, while the matter of guardianship of Barker just referred to was on appeal. Thereafter, an amended complaint was filed and eventually a supplemental complaint wherein the Estate of Parr was substituted for Baymond E. Parr, deceased. Baymond E. Parr during his lifetime, appeared as attorney for the guardian, Mary Carver, in the guardianship proceedings. In the present case a motion to dismiss for lack of prosecution was filed for the defendant Jewel Giroux and later a similar motion was filed on behalf of defendant Ilo Mohr Parr, executrix of the estate of defendant Baymond E. Parr, deceased. Both motions were denied.