GC-150
ATTGRNEY
OR
PARTY
WITHOUT
ATTORNEY
(NamG,
state
bar
number,
and
addreSs):
After
recording-
re!um
lo:
_Geraldine A. Wyle, SBN .89735
Jeryll
S.
Cohen, SBN 125392
Vivian
L.
Thoreen, SBN 224162
Luce, Forward, Hamilton & Scripps LLP
601
S.
Figueroa St., Suite 3900, Los Angeles, CA 90017
TELEPHONE
NO.:
(213) 892-4992
FAX
NO.
(Optbnat},
(213) 892-7731
E-MAIL
ADDRESS
(Optional):
ATTORNEYFOR(Nam,1,
James P. Spears
SUPERIOR
COURT
OF
CALIFORNIA,
COUNTY
OF
Los Angeles
srREET
ADDREss,
111
North Hill Street
MAIUNGADDREss,
111
North
Hill
Street
c1TYANoz1PcoDE:
Los
Angeles, California 90012
BRANCH
NAME:
Central
TEMPORARY
O
GUARDIANSHIP
l?$J
CONSERVATORSHIP
.__
_______
F_o_R_R_Ec_o_R_DE_R_'s_u_sE_D_N_LY
_______
~
OF
(Name):
Britney Jean Spears
CASE
NUMBER:
1-----------~-----==
â–¡
=...-:.::M:.::IN:::O:.:_R_,cgj=·
c...:C::O::.N:::S::ER..::V..::A..::TE::E~
BP 108870
LETTERS OF TEMPORARY O GUARDIANSHIP
cg]
CONSERVATORSHIP
1------==-----,
â–¡
Person
cgi
Estate
FOR
couRr
usE
DNLY
LETTERS
1.
/Name): James
P:
Spears and Andrew
M.
Wallet
is
appointed
temporary
D
guardian
0
conservator
· of
the
D
person
0
estate
of
(name):
Britney Jean Spears
2.
0
Other
powers
have
been
granted
or restrictions
imposed
on
the
temporary
D
guardian
0 conservator
as
D
specified
below
0
specified
in
Attachment
2.
3.
These
Letters
shall
expire
a.
D
on
/date):
or
upon
earlier
issuance
of Letters
to
a
general
guardian
or
conservator.
b.
0
other
date
(specily):
Wlara,,
10
1
tl-0()8'
FILE])
..
LOS
/\NOEl.l:S
SUPERIOR
(
OUR
I
FEB
14
2008
JOHN
A:CLARKE,
CLERK
C.fu/'"t'n
'l<t"i
\_
•
....
h l
L.-<.
0
ri~
:-,,-
BY
S.L WILLIAMS,
DEPUTY
Is
not
authorized
to
take
possession
of
money
or
any
other
property
•••,,
......
AFFIRMATION
I solemnly'al'flrr,tthat I
will
perform
the
duties
of
temporary
D
guardian
cg]
conservator
according
to
law.
Executed
on
(date):
February 14, 2008
:
Los
Angeles
-""::!~:::;,•
California.
IFICATION
I certify
that
this
document
and
any
attachments
is
a
orrect
copy
of
the
original
on
file
In
my
office,
and
that
the
Letters
issued
to
the
person
appointed
above
have
not
been
revoked,
annulled,
or
set
aside
and
are
still
In
full
force
and
effect. .
'----"'--=-"""'-=""""""-
Form
Approved
for
Mandatoiy
Use
Judicial
Council
or
Ca!!lomia
GC-150
{Rev.
January
1,
2003)
LETTERS
OFTE;MPORARY~-~-
GUARDIANSHIP OR CONSERVATORSHIP Probate
Code,§
2250 el seq.;
Code
of
CM1
Procedure,
§
2015.6
2003 ©
American
lega!Nat,
Inc.
Letters
of
Temporary Conservatorship
of
the Estate
Britney Jean Spears
Attachment 2
1.
The
Temporary Conservators
of
the Estate are granted the following powers in
addition to the powers provided
by
law:
a.
The
Temporary Conservators shall have the power to obtain all documents
and records relating
to
the Conservatee and her assets, whether held in her
name
or
in the name
of
another, including but not limited to, all records
currently
in
the possession and control
of
the Conservatee's business manager,
Howard Grossman, her attorneys, and others, all contracts, information
relating to credit cards, bank statements, estate planning documents,
receivables, and any and all powers
of
attorney.
b.
The
Temporary Conservators shall have the power to take all actions
necessary to secure the Conservatee's assets, including the power to enter and
take possession and control
of
the Conservatee' s residence,
to
remove all
persons from the residence and take any and all actions necessary
to
secure
the residence, including changing the locks, call on law enforcement and
employ security guards at the expense
of
the Conservatorship Estate.
c.
The
Temporary Conservators shall have the power to take all actions
necessary to secure the Conservatee' s liquid assets, including but not limited
to, the power to cancel all credit cards.
d.
The
Temporary Conservators shall have the power
to
revoke all powers
of
attorneys, including powers
of
attorney for making health care decisions and
managing real estate, and
to
terminate any
and_
all agencies.
e.
The
Temporary Conservators shall have the power to commence and maintain
litigation and participate in any litigation with respect to which the
Conservatee is a party
or
has an interest, and the power
to
retain counsel and
experts, and
·to
pay
same from the Conservatorship Estate, not only
as
to the
family Jaw case
but
for any other matter.
f.
The Temporary Conservators have the power to perform any and all acts that
the Conservatee can perform (whether
as
an individual
or
in
a representative
capacity) with respect to the local, state, or federal tax liabilities
of
the
Conservatee
or
any entity, trust or foundation in which the Conservatee acts in
a representative
or
ownership capacity ( collectively referred to as
"Conservatee and related entities"), including but
not
limited
to
the power
to
receive and inspect confidential tax information; receive, and endorse or cash
refund checks; sign any and all tax returns, whether income, corporate,
1
employment, partnership, or otherwise; execute a Form 2848; represent the
Conservatee and related entities before
all
taxing authorities, participate in
audits; exercise the rights
of
the Conservatee and related entities to protest and
appeal assessments; pay amounts due to the appropriate taxing authority;
execute waivers, tax returns, consents, closing agreements, and similar
documents related
to
the tax liability
of
the Conservatee and related entities;
participate in all procedural matters connected with the tax liability
of
the
Conservatee and related entities; exercise any elections that may
be
available
to the Conservatee and related entities under applicable state or federal tax
laws or regulations;
to
substitute another representative; to request disclosure
of
tax returns or return information to a third party; and
to
perform any other
acts described
in
California Probate Code section 4463, except those acts that
conflict with or are limited by a more specific provision in this Power.
g.
The Temporary Conservators have the power
to
assert the Conservatee's
rights in any trust established for her benefit, including but not limited
to
all
revocable inter vivos trusts established
by
the Conservatee as settlor or truster,
but this power shall not include the power to modify, amend, or revoke any
such trusts, without a court order.
2.
The Court grants the Temporary Conservators the powers pursuant to Probate
Code Section 2590 and the following powers set forth in Probate Code Section 2591:
)
a.
To contract for the conservatorship and perform outstanding contracts and
thereby bind the estate, including asserting or waiving confidentiality
agreements.
b.
To operate at the risk
of
the estate a business constituting an asset
of
the
estate.
'
c.
To pay, collect, compromise, arbitrate, or otherwise adjust claims, debts, or
demands upon the Conservatorship Estate.
d.
To employ attorneys, accountants, investment counsel,. agents, depositaries,
and employees and to pay the expenses.
3.
The Temporary Conservators have the power
to
prosecute civil harassment
restraining orders that they deem to be appropriate.
4.
The Temporary Conservators are authorized and directed to pay, or to direct the
Co-Trustees
of
the SJB Revocable Trust, to pay, to Stephen
S.
Marmer, M.D., Ph.D., the court-
appointed expert under California Evidence Code section 730, a retainer in the amount
of
$5,000.00.
201014171.1
2
1 Geraldine
A.
Wyle, State Bar No, 089735
Jeryll
S.
Cohen, State Bar No. 125392
2 Jeffrey
D.
Wexler, State Bar No. 132256
Vivian
L.
Thoreen, State Bar No. 224162
FILED
LOS
ANGELES
SUPERlOR
COURT
3 LUCE, FORWARD, HAMILTON & SCRIPPS LLP
601
South Figueroa Street, Suite 3 900
FEB
14
2008
JOHNA.
CLARKE,
CLERK
~cl-.
4 Los Angeles, California 90017
Telephone No.: 213.892.4992
5 Fax No.: 213.892.7731
6 Attorneys for James P. Spears,
Temporary Conservator
of
the Person and
7 Temporary Co-Conservator
of
the Estate
BY
ANDREA
MURDOCK,
DEPUTY
8
9
10
11
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
In re the Conservators hip
of
the Estate
of
Case No. BP 108870
13
BRITNEY
JEAN
SPEARS, ORDER EXTENDING TEMPORARY
LETTERS
OF
CONSERVATORSHIP
OF
THE ESTATE
14
15
16
17
18
19
20
21
Proposed Conservatee.
Date:
Time:
Dept.:
Judge:
February 14, 2008
1:30p.m.
9
Hon.
Reva
Goetz, Judge Pro Tem
The further hearing on the Petition for Appointment
of
Temporary Conservator
of
the
22 Estate
ofBritney
Jean Spears (''Ms. Spears"),
:filed
by James P. Spears, came on regularly for
23
hearing
on
February 14, 2008 at 1:30 p.m. in Department 9
of
the Los Angeles Superior Court,
24 Central District, the Honorable Reva Goetz, Judge
Pm
Tern presiding. Geraldine
A.
Wyle and
25
Jeryll
S.
Cohen
of
Luce, Forward, Hamilton & Scripps LLP appeared
on
behalf
of
Petitioner
26 James
P.
Spears ("Mr. Spears"), Temporary Conservator
of
the Person and Co-Conservator
of
the
27 Estate
of
Ms. Spears. Mr. Spears appeared personally. Samuel D. Ingham III appeared as the
28 court-appointed PVP counsel on behalf
of
Ms. Spears. Andrew M. Wallet
of
Hinojosa & Wallet
1
ORDER
EXTENDING
TEMPORARY
LETTERS
OF
CONSERVATORSHIP
OF
THE
ESTATE
1 appeared
on
behalf
of
Andrew
M. Wallet as Co-Conservator
of
the
Estate
of
Ms. Spears. Mitchell
2
L.
Gaswirth
of
Proskauer Rose LLP appeared on
behalf
of
Ivan Taback. Clark R. Bymn
of
Hahn
3 &
Hahn
LLP appeared
on
behalf
of
Bryan Spears.
From
proof
made
to
the satisfaction
of
the
4 court,
5
6
7
8 with.
9
THE
COURT
FINDS AS FOLLOWS:
1.
Notice
of
time and place
of
hearing
has
been
given as required
by
law
or
dispensed
2.
It
is
in
the
best
interest
of
the Conservatee that the Temporary Conservatorship
be
1 0 continued
over
the Conservatee' s Estate.
11
3.
It
is necessary and appropriate that the Letters
of
Temporary Conservatorship
of
the
12 Estate
issued
to Mr. Spears and Mr. Wallet
on
February
1,
2008
be
extended to
13
tv)
arevi
( 0 , 2008 for further hearing.
14 · 4.
The
bond
fixed by the
Court's
prior
Order
in
the
mnount
of$50,000.00
for each
15
Co-Conservator
is
sufficient.
16
17
THE
COURT
ORDERS
AS FOLLOWS:
18
19
with.
20
21
1.
2.
3.
Notice
of
time and
place
of
hearing
has
been
given as required
by
law
or
dispensed
Ms. Spears' attendance at
the
hearing
is
waived.
Letters
of
Temporary Conservatorship
of
the Estate issued to James
P.
Spears
and
22.
Andrew M.
Wallet
on
February
1,
2008 are extended to
Ma
VO,i
( 0 2008.
23
24
25
26
27
28
4.
The
Temporary
Conservators
of
the
Estate are granted
the
following powers in
addition to the
powers
provided
by
law:
a.
The
Temporary Conservators shall
have
the
power
to obtain all documents
and
records relating to the Conservatee
and
her
assets, whether held
in
her
name
or
in
the
name
of
another, including
but
not
limited to, all records currently in
the
possession and control
of
the
Conservatee's
business manager,
Howard
Grossman,
her
attorneys, and others, all contracts, information relating to credit
cards, bank statements, estate planning documents, receivables, and any and all
2
ORDER
EXTENDING
TEMPORARY
LETTERS
OF
CONSERVATORSHIP
OF
THE
ESTATE
I
2
3
4
5
6
7
8
9
10
I I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
powers
of
attorney.
b.
The
Temporary Conservators shall
have
the
power
to take all actions necessary
to secure the Conservatee' s assets, including
the
power
to enter and take
pbssession and control
of
the Conservatee's residence, to remove all persons
from the residence and take any and all actions necessary to secure the
residence, including changing the locks, call
on
law enforcement and employ
security guards at the expense
of
the Conservatorship Estate.
c.
The
Temporary Conservators shall
have
the
power
to take all actions necessary
to secure the Conservatee's liquid assets, including
but
not
limited to, the
power
to cancel all credit cards.
d.
The
Temporary Conservators shall
have
the
power
to
revoke all powers
of
attorneys, including powers
of
attorney for
making
health care decisions and
managing real estate, and to terminate any and all agencies.
e.
The
Temporary Conservators shall have
the
power
to commence and-maintain
litigation and participate in any litigation
with
respect to
which
the Conservatee
is a party
or
has an interest, and the
power
to retain counsel and experts, and to
pay
same
from the Conservatorship Estate,
not
only as to
the
family law
case
but
for any other matter.
£
The
Temporary Conservators have
the
power
to perform any and all acts that
the Coriservatee can perform (whether as
an
individual or
in
a representative
capacity) with respect to the local, state,
or
federal tax liabilities
of
the
Conservatee
or
any entity, trust or foundation in which the Conservatee acts
in
a representative or ownership capacity ( collectively referred
to
as "Conservatee
and related entities"), including but not limited to
the
power to receive and
inspect confidential tax information; receive, and endorse or cash refund
checks; sign any and all tax returns, whether incqme, corporate, employment,
partnership,
or
otherwise; execute a
Form
2848; represent the Conservatee and
related entities before all taxing authorities, participate in audits; exercise
the
rights
of
the Conservatee and related entities to protest and appeal assessments;
pay
amounts due to the appropriate taxing authority; execute waivers, tax
returns, consents, closing agreements, and similar documents related to the
tax
liability
of
the Conservatee and related entities; participate in
al1
procedural
matters connected with the
tax
liability
of
the
Conservatee and related entities;
exercise any elections that
may
be
available
to
the Conservatee and related
entities under applicable state or federal
tax
laws
or
regulations; to substitute
another representative; to request disclosure
of
tax returns or return information
to a third party; and
to
perform any other acts described
in
Califomia Probate
Code
section 4463, except those acts that conflict with
or
are limited
by
a
more
specific provision in this Power.
g.
The
Temporary Conservators have the
power
to assert
the
Conservatee's rights
in
any trust established for her benefit, including
but
not
limited
to
all revocable
inter vivos trusts established
by
the Conservatee as settlor or trustor, but this
power
shall not include the power
to
modify, amend, or revoke any such trusts,
3
ORDER EXTENDING TEMPORARY LETTERS OF CONSERVATORSHIP OF
THE
ESTATE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
without a court
order.
5.
The Court grants the Temporary Conservators the powers pursuant
to
Probate Code
Section
2590
and
the following powers
set
forth
in
Probate Code Section
2591:
6.
a.
To
contract for the conservatorship
and
perform outstanding contracts
and
thereby bind the
estate,
including asserting
or
waiving confidentiality
agreements.
b.
To
operate
at
the risk
of
the estate a business constituting
an
asset
of
the
estate.
c.
To
pay,
collect, compromise, arbitrate,
or
otherwise adjust claims,
debts,
or
demands upon the Conservatorship Estate.
d.
To
employ attorneys, accountants, investment counsel, agents, depositaries,
and
employees and
to
pay
the
expenses.
The Temporary Conservators have the power
to
prosecute civil harassment
restraining orders that they deem
to
be appropriate.
7.
The Temporary Conservators
are
authorized
and
directed
to
pay,
or
to
direct the
Co-Trustees
of
the
SJB
Revocable Ttust,
to
pay,
to
Stephen
S.
Marmer,
M.D.,
Ph.D.,
the
court-
appointed expert under California Evidence Code section
730,
a retainer
in
the amount
of
$5,000.00.
8.
The Conservatee shall
not
have
any
contact, direct
or
indirect, with Osama
aka
Sam
Lutfi, including telephone calls, text messaging,
or
email
communications.
9.
The Conservatee is
to
remain in California pending the hearing on the Petition
for
Appointment
of
Permanent Conservator, the written consent
of
the Conservator
of
the
Person,
or
until
Ma.V'Clri
(0
'
2008
at
(:
30
-6)or
further order
of
the Court.
10.
The
bond fixed
by
the
Court's prior Order
in
the amount of$50,000.00
for
each
Co-Conservator
is
sufficient.
Ill
Ill
Ill
Ill
Ill
4
ORDEREXTE1'TDING.TEMPOR,ARY
LETTERS
OF
CONSERVATORSHJP
OF
THE ESTATE
"
1 11. The next hearing in this matter is set for
l!Jat"C(;i
( 0 2008 at
r:~o
2
=cE)
3
4 APPROVED AS
TO
FORM
AND CONTENT:
5
6
7
8
9
10
11
12
13
Dated:
2-fy-&o
Dated:
IT
IS SO ORDERED.
14
.
15
Dated:
ff!#o<f
16
17
18
19
20
21
22
23
24
25
26
27
28
201014170.1
5
Samuel D. Ingham
III,
Temporary Conserva Counsel for
Britney Jean Spears
Andrew ary Co-
Conse
fBritney
Jean
Spears
Hon. Reva Goetz, Ju
ro
Tern
Superior Court, State
of
California
ORDER EXTENDING TEMPORARY LETTERS OF CONSERVATORSHIP OF
THE
ESTATE