From Janet Phelan–what statutory authority in Cal. permits the AG and IAG to exclude probate cases from investigations for criminal activities?

From: Janet Phelan <>
Sent: Jan 26, 2015 4:25 PM
To: JoAnne M Denison <>, “” <>, Janet Phelan <>
Subject: JoAnne….

JoAnne, can you publish this?


My contact with Kamala Harris’s office was relevant to bundled reports that were sent into that office a few years back by one Marilyn Peters, documenting criminal activity by professional guardians in California. As Harris’s office stated that she doesn’t “do probate,” I requested the legal authority under which the Attorney General for California is allowed to ignore criminal activity by professional guardians.
Sending me a letter issued in 2007 does not address my request to your office.
On the phone a couple of minutes ago, you told me that your office was declining to answer that question. As it is my understanding that there is no legal authority which allows you to ignore these complaints—and you continue to ignore these complaints– I am letting you know that Ms. Harris is in violation of her job description and oath and that this will be widely reported.
I believe your office was informed of the fact that local police are acting as heinously as is your office regarding these matters.  If you refuse to do your job and to protect residents of California from predators and thieves, then you will need to understand that your lack of accountability can and will be made an issue in the press.
I am giving you one more opportunity to reply to the question: Under what legal authority is AG Harris ignoring these complaints?
Thank you for your attention to this matter.
Janet Phelan
New Eastern Outlook

From: PIU <>
To: “” <>
Sent: Monday, January 26, 2015 3:56 PM
Subject: Melodie Scott et al. / PIU 186052

Dear Ms. Phelan:
Thank you for your follow-up call of January 26, 2015. Pursuant to your request, a copy of our Office’s March 6, 2007 response to you is attached.
As we discussed, if you have information about a crime, please file a report with the police or sheriff’s department in the area where the crime occurred. Local law enforcement authorities are responsible for investigating violations of law within their jurisdictions. After investigating the crime, the local law enforcement authorities may forward the case to the county district attorney’s office for prosecution, if appropriate. The decision whether or not to file criminal charges will then be made by the locally elected district attorney.
If you wish to report misconduct by a professional fiduciary, please contact the Professional Fiduciaries Bureau at  We acknowledge your concern about how the Professional Fiduciaries Bureau has handled your prior complaint, however we are unable to assist or comment on this matter. The Attorney General’s Office is required by law to provide legal representation to state agencies in disputes arising out of their actions. This duty precludes the Attorney General from representing individual citizens in their disagreements with state agencies or providing advice to any individual regarding the disputed activity. While the Attorney General represents state departments in legal matters, she does not seek to impose her own policy judgments or control the administration of the business of her client agencies.
Lastly, we recommend that you consult with an attorney to determine any civil remedies that may be available to you. An attorney would directly represent your interests and is the one whose advice would be most helpful to you. You may obtain a referral to a private attorney by contacting the San Bernardino County Bar Association at
Thank you again for contacting our Office.
Melissa Weikel, Manager
Office of the Attorney General
Public Inquiry Unit

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