Conservatorship of Boyes
This matter is before us on a motion to dismiss the appeal as untimely. We agree that the notice of appeal was not filed within the time allowed under California Rules of Court, rule 8.104(a)(1)(B),[1] and therefore dismiss the appeal.
The case involves the conservatorship of the person and estate of Esther R. Boyes (Esther). David M. Boyes and Michele Fotinos, both children of Esther, petitioned to be appointed Esther’s conservator. Because the two siblings could not agree on the appropriate care for their mother, the court appointed a “private fiduciary,†Laurie R. Sells, as conservator instead.
On September 27, 2012, Sells filed a motion to have a prefiling order entered against Fotinos as a vexatious litigant under Code of Civil Procedure section 391.[2] Sells further requested that Fotinos be required to post security under section 391.1 before filing any further pleadings. The basis for the motion was that Fotinos had filed seven pleadings and amended pleadings in propria persona in five matters; in each of those matters Fotinos’s objections were overruled and her requested relief was denied.
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