In Re Conservatorship Hume

44 Cal. Rptr. 3d 906, 140 Cal. App. 4th 1385
CourtCalifornia Court of Appeal
DecidedJune 29, 2006
DocketG036141
StatusPublished
Cited by22 cases

This text of 44 Cal. Rptr. 3d 906 (In Re Conservatorship Hume) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Conservatorship Hume, 44 Cal. Rptr. 3d 906, 140 Cal. App. 4th 1385 (Cal. Ct. App. 2006).

Opinion

44 Cal.Rptr.3d 906 (2006)
140 Cal.App.4th 1385

CONSERVATORSHIP OF the Person and Estate of Laura Snow Auston HUME.
John S. Williams, as Public Guardian, etc., Petitioner and Respondent,
v.
William Snow Hume, Objector and Appellant.

No. G036141.

Court of Appeal, Fourth District, Division Three.

June 29, 2006.

William Snow Hume, in pro. per., for Objector and Appellant.

Benjamin P. de Mayo, County Counsel, and James C. Harvey, Deputy County Counsel for Conservator and Respondent.

OPINION

SILLS, P.J.

I

We publish this case to make explicit what is otherwise implicit in the statute dealing with objections to inventories and accountings in conservatorship proceedings *907 (Prob.Code, § 2614[1])—namely that the burden of proof is on the objector to the inventory and accounting, not on the conservator.

The facts are simple: The Orange County Public Guardian was appointed conservator of Laura Snow Auston Hume sometime prior to June 2004. In June 2004 the public guardian filed a final inventory and appraisal of Laura's estate. One of her children, William Snow Hume, filed objections.[2] A hearing was held, and the trial court entered an order overruling the objections and "accept[ing]" the inventory and appraisal "as is." William Snow Hume then filed this appeal.[3] His primary contention is that the trial court erred in placing the burden of proof on him to show that the various appraisals contained in the inventory were erroneous, rather than placing the burden of proof on the conservator to show the validity of, in his words, the "contested valuations" in the inventory.[4]

The burden of proof is to law what inertia is to physics—a built-in bias in favor of the status quo. (See Evid.Code, § 500.[5]) That is, if you want the court to do something, you have to present evidence sufficient to overcome the state of affairs that would exist if the court did nothing. Of course, the hard work for courts presented with burden of proof issues is to ascertain the true nature of the status quo, or the baseline where the court starts. In regard to the present case, the text of the general governing statute, section 500 of the Evidence Code, merits explication. In its entirety, it reads: "Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting." (Italics added.)

*908 A review of the relevant Probate Code statutes governing inventory and accountings in conservatorship proceedings establishes that the status quo is the conservator's duty to file an inventory. Functionally, it is the objector who seeks to upset the status quo.

The conservator's duty to file accountings is set forth in sections 2610 and 2620. For our purposes, the key point is that these statutes impose a mandatory duty on the part of conservators (or guardians) to file accountings and inventories. The operative words are "shall file,"[6] "shall take and subscribe to an oath that the inventory contains a true statement of all of the estate"[7] and "shall present the accounting."[8] In particular, the requirement of an oath as to the veracity of the inventory in all cases implies that, whatever further proceedings might occur, courts begin with the presumption of accuracy. The baseline, or status quo, is the fact of the filed, verified accountings, which will be operative unless something else happens.

That conclusion is confirmed by the structure and text of the statute governing objections to inventories and accountings, section 2614.[9] In contrast to the mandatory duty on the part of the conservator to file inventories and accountings, section 2614 clearly makes filing objections a voluntary matter. Any interested party "may file written objections to any or all appraisals." (Italics added.) And while subdivision (c) requires the court to "determine the objections," it doesn't require it to "fix the true value of any asset to which objection has been filed." Rather, the court may do so. Finally, subdivision (c) of section 2614 contains some explicit disincentives against filing frivolous objections. In response to objections, the court has the power to "cause an independent appraisal" to be made, and if "the objection is rejected by the court" the court has the power ("may" again) to "assess the cost of any such additional appraisal" *909 against the objecting party. By contrast, if the objection is well taken, the court has the power to impose the cost of the appraisal "at the expense of the estate," but in that situation the statute makes no provision to have that cost borne by the conservator.

The picture of the statute is thus remarkably consistent: There will be inventories and accountings—that is a given. Those inventories and accountings will be sufficient by themselves because they are required to be under oath and objections need not be filed at all. But, as a safety valve, interested parties may file objections. If those objections lead to an unnecessary appraisal, the court can impose the costs of any such unnecessary appraisal on the objector. If those objections lead to an, appraisal that proves necessary, the court has the authority to impose the expense on the estate. Thus, again, the court begins with the status quo of the verified accountings, and it is the objector who assumes the role of upsetting that status quo. We may conclude from this structure that the burden of proof in any hearing on objections is on the objector.

Now that we have seen what the probate statutes have to say, we return to Evidence Code section 500 to round out the picture. As would be expected, the general statute in the Evidence Code dovetails perfectly with the more specific statutes in the Probate Code. The operative words in Evidence Code section 500 are "essential to the claim for relief or defense." The conservator's accounting, because it is mandatory, can hardly be described as a claim for relief or defense. It is a duty, period. It is the objector who seeks relief by trying to change the result that would normally obtain without intervention, which would be acceptance of the accounting. While one can speculate as to the pros and cons of a statutory regime that imposes the burden of proof on a party objecting to a conservator's accounting,[10] we cannot escape the conclusion that that is indeed the statutory regime, and the trial court's approach was thus in accord with it.

William Snow Hume's argument in favor of putting the burden on the conservator centers on sections 1060 through 1064 of the Probate Code (generally governing all accounts to be filed with the court)[11] and in particular section 1064, which contemplates a petition for approval of an account.[12] (Interestingly enough, though, the statute relaxes the necessity of filing a formal petition, deeming the very fact of filing an account to include a petition for *910 approval.[13]) William Snow Hume reasons that a petition for approval of an account necessarily contemplates confirmation of any inventory (a point which appears to be sound), and thus, as petitioner, the conservator should bear the burden of proof in any proceedings contesting an inventory.

The flaw in the argument is that it conflates two different contexts.

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Cite This Page — Counsel Stack

Bluebook (online)
44 Cal. Rptr. 3d 906, 140 Cal. App. 4th 1385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-conservatorship-hume-calctapp-2006.