Parker

Filed 10/19/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

CYNTHIA PARKER,

Plaintiff and Appellant,

A165163

v. KIM SCHWARCZ, as Conservator, (Marin County etc., Case No. PRO-2100630) Defendant and Respondent.

Following the probate court’s termination of the temporary conservatorship of her estate, former conservatee Cynthia Parker filed a “Petition for Return of Property; for Declaratory Relief” requesting all communications and documents concerning the administration of the conservatorship estate from professional fiduciary Kim Schwarcz, the temporary conservator. The petition for return of property was made pursuant to Probate Code section 850 1, which allows for the filing of various petitions to recover property for or from a conservatorship estate. The probate court determined Parker’s petition failed as a matter of law because section 850 did not authorize such a petition. The court also denied her declaratory relief claim.

All further statutory references are to the Probate Code unless otherwise stated.

1 As Parker’s request for…