Ava Ninth, L.P., A Delaware Limited Partnership Vs. Martha Raygoza Et Al

Matter on the Law & Motion Calendar for Wednesday, July 17, 2024, Line 3. 1 - DEFENDANT PAUL HWANG And SKYBOX REALTY, INC.'s Motion Compelling Deposition Of Natasha Alexeeva; And For Monetary And Other Sanction. I have reviewed the report and recommendation of pro tem Philip Ward, dated July 9, 2024, as well as the papers filed connection with the motion to compel. I adopt his views as modified here. (The Court's complete tentative ruling has been emailed to the parties). For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CK)

Real Property/Housing Court Law and Motion Calendar for July 19, 2024 line 1. DEFENDANT RONAN LYALL, ANGELA LYALL MOTION FOR SUMMARY ADJUDICATION is GRANTED in-part and DENIED in-part. The Court notes that both parties failed to comply with the rules and requirements regarding the contents of the separate statement. Plaintiff inserted purported evidentiary objections to facts into the separate statement; defendants failed to list all the supporting evidence as to each fact. For example, Fact 76 is objected to by the Plaintiff (instead of properly objecting to evidence cited) and Defendant listed only paragraph 5 of the Lyall declaration as supporting evidence while reciting information contained in paragraph 4 of Lyall declaration. These inclusions and omission defeat the purpose of providing a separate statement rendering the separate statement unusable for the intended purpose. 1.Defendants' Motion for Summary Adjudication on the First and Third causes of action is granted. Plaintiff cannot support claims for declaratory relief or quiet title because the agreed-boundary doctrine does not apply in the present case. 2.Defendants' Motion for Summary Adjudication as to the Second Cause of Action is treated as a Judgment on the Pleadings. The Court grants this motion. Plaintiff is granted leave to amend their complaint to allege adverse possession by the prior owners. 3.Defendants' Motion for Summary Adjudication as to the Fourth Cause of Action is granted. Plaintiff did not dispute SSUF 69 admitting that they cannot provide any evidence of hostility. SSUF 69 states, "Plaintiff cannot produce evidence that she openly and hostilely took possession of the disputed area or of a particular use to which she is entitled by such possession." 4.Defendants' Motion for Summary Adjudication as to the Fifth Cause of Action is DENIED. Triable issue of fact exists regarding the existence of the fence. See Lyall Declaration paragraphs 4 and 6 ("There was an old fence that run parallel to our back deck and extended part of the way to the back boundary of our property…." ") and Fact 76. "Before offering to purchase 51 Aloha and during escrow defendant Ronan Lyall inspected the area on the southeast side of the home, where there was no fence or other boundary markers separating his home from the home located at 45 Aloha. The side yard area in question was not developed in any form, was not planted or landscaped, had no fence or visible demarcation dividing the land between the two properties and had various debris scattered across the hillside." =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.

Real Property/Housing Court Law and Motion Calendar for July 18, 2024 line 4. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO DEMURRER is continued to August 2, 2024 on Court's own motion. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.

Matter on the Law & Motion Calendar for Thursday, July 18, 2024, Line 8. DEFENDANT FIVE KEYS SCHOOLS AND PROGRAMS' DEMURRER to COMPLAINT. GRANTED The demurrers in effect seek a stay pending resolution of the action filed in this court known as Wooten, CGC No. 23-606322. There is a prima facie showing that the actions overlap and continued prosecution of both at the same time would be waste of resources of the parties and of this court. The terse opposition does not explain why the motion is procedurally improper or otherwise should be denied. The action is abated and stayed pending resolution of the Wooten action. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CK)

Real Property/Housing Court Law and Motion Calendar for July 19, 2024 line 2. PLAINTIFF TYEE KYVELOS AN INDIVIDUAL MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD is OFF CALENDAR. No proof of service on file. Mandatory declaration filed 15 court days before the hearing. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.

2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4 5 ) 6 ANDERS HOFF, ) Case Number: FDI-22-797003 ) 7 Petitioner ) Hearing Date: July 16, 2024 ) 8 VS. ) Hearing Time: 9:00 AM ) 9 THOMAS WEI WANG, ) Department: 404 ) 10 Respondent ) Presiding: ANNE COSTIN ) 11 ) 12 REVIEW HEARING 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) At the prior 4/23/2024 hearing, the Court ordered Petitioner to pay to Respondent $4,171 per 18 month in base temporary spousal support, made a Smith / Ostler spousal support order, ordered 19 Respondent to spend at least 15 hours per week seeking work, issued a Gavron warning, and set a 20 review hearing for 7/16/2024. 21 2) This matter is on for a review hearing to (a) recalculate temporary spousal support effective 22 6/1/2024 (when Petitioner previously estimated his income would become taxable) and (b) review 23 Petitioner’s seek work efforts. 24 3) This Court has reviewed the declarations, Income and Expense Declarations, and proposed 25 Statements of Support Calculation filed by each party. 26 B. Findings and Orders 27 1) Base Temporary Spousal Support 28 29 1 a. In accordance with the attached support calculation attached hereto and incorporated 2 within this order as Dissomaster “A”, for the month of June 2024, Petitioner shall pay to 3 Respondent $391 per month in temporary spousal support. 4 b. In accordance with the attached support calculation attached hereto and incorporated 5 within this order as Dissomaster “B”, effective 7/1/2024, Petitioner shall pay to 6 Respondent $1,461 per month in base temporary spousal support. One-half shall be due 7 and payable by the 1 st and one-half shall be due and payable by the 15th of each month. 8 c. The Court’s jurisdiction to recalculate temporary spousal support retroactive to 7/1/2024 9 is reserved in the event MetLife denies Petitioner’s claim for Long Term Disability, if 10 Petitioner ultimately does not receive $11,408 per month in taxable disability income he 11 estimates he will receive commencing July 2024, or if Respondent secures a position of 12 paid employment. 13 d. Based on the foregoing, Respondent owes to Petitioner temporary base spousal support 14 credits of $3,780 for June 2024 ($4,171 (prior support order) - $391 (current support 15 order)) and $2,710 for July 2024 ($4,171 (prior support order) - $1,461 (current support 16 order)) for total credits due and owing of $6,490 from Respondent to Petitioner. Effective 17 8/1/2024, Petitioner may deduct from future support payments until these credits are 18 satisfied. 19 2) Dissomaster Inputs 20 a. The attached Dissomaster reports contain the inputs upon which the parties agree. For the 21 inputs upon which the parties do not agree, the Court makes the following findings and 22 orders. 23 b. The Court will continue to impute to Respondent full-time minimum wage income of 24 $3,132 per month. The Court does not have sufficient evidence currently before it to 25 impute more than this amount to Petitioner. This support order is made without prejudice 26 to an imputation of additional income to Respondent at the next review hearing, if the 27 requisite showing is made. Moreover, the Court finds that Respondent has not used his 28 best efforts to seek and secure a position of employment or self-employment 29 commensurate with his earning capacity (in violation of the Gavron warning issued at the 1 4/23/2024 hearing). The Court will give Respondent several more months to seek work. 2 At the next review hearing, if the Court continues to find that Respondent has not used 3 his best efforts to seek and secure a position of employment or self-employment 4 commensurate with his earning capacity, the Court will consider awarding Respondent 5 below-guideline temporary spousal support. 6 c. The Court previously imputed Respondent with a 3% rate of return on the $960,000 7 Respondent previously reported holding in investment accounts in his name (which 8 averaged out to $28,800 per year, or $2,400 per month). Respondent now reports that his 9 holdings have diminished to $728,924 without explaining the over $230,000 decrease in a 10 span of less than 3 months. The Court will continue to use a $2,400 per month rate of 11 return for Respondent’s investments. 12 d. The Court will use the $115 per month that Respondent states he pays out of pocket for 13 health insurance premiums. 14 e. The Court will use the following inputs for Petitioner for June 2024 in Dissomaster “A” 15 (as reported by Petitioner and as confirmed by the June 2024 paystubs attached to 16 Petitioner’s most recent Income and Expense Declaration): $491 for Petitioner’s 401(k) 17 contribution, $1,755 in nontaxable income, and $5,265 in taxable income. 18 f. The Court will use the $11,408 per month in taxable income and the $737 per month in 19 401(k) contributions Petitioner estimates he will receive and make commencing July 20 2024 in Dissomaster “B”. 21 g. As Petitioner is currently living in the former marital residence and he is paying for the 22 carrying costs, the Court will maintain the $1,811 per month in property tax expenses and 23 $3,085 per month in deductible mortgage interest figures in Petitioner’s column. 24 h. The Court will continue to use the $200 per month in dividend income reported by 25 Petitioner. Respondent’s request to impute to Petitioner a 3% rate of return on the 26 $800,000 in investments Petitioner reports in his Income and Expense Declaration is 27 denied because (i) Respondent has not shown that the $800,000 reportedly held by 28 Petitioner is Petitioner’s separate property and (ii) Petitioner reported $800,000 in 29 investments prior to the 4/23/2024 hearing and Respondent made no request to impute 1 Petitioner with that rate of return prior to the 4/23/2024 hearing (i.e. there have been no 2 demonstrated changed circumstances with respect to this issue since the prior hearing). 3 3) Smith / Ostler Temporary Spousal Support 4 a. The Court will not make a Smith / Ostler spousal support order for the month of June 5 2024 as Dissomaster “A” contains total actual or imputed income figures for the parties 6 for that month. 7 b. Effective 7/1/2024, Petitioner shall pay additional spousal support and Respondent shall 8 owe spousal support credits on any compensation they receive that exceeds their 9 respective base pay pursuant to their respective Annual Bonus Wages Reports attached to 10 Dissomaster “B”. 11 c. By April 30th of each year (commencing 4/30/2025), the parties shall exchange their tax 12 returns filed for the previous calendar year and their end-of-year paystubs and engage in 13 an annual true up support. Any additional support or credits owed between the parties 14 shall be paid no later than May 30th. 15 4) Seek Work Order 16 a. The Seek Work Order made at the prior 4/23/2024 hearing shall remain in full force and 17 effect. 18 5) Review Hearing 19 a. A review hearing is set for Thursday, 10/17/2024 at 9:00 AM in Dept. 404 on the 20 following issues: (a) consider recalculating temporary spousal support effective 7/1/2024 21 or any date thereafter, (b) review Petitioner’s seek work efforts, and (c) consider 22 deviating from the support guideline if the Court finds that Respondent has not used his 23 best efforts to secure a position of employment or self-employment commensurate with 24 his earning since the 7/16/2024 hearing. 25 b. At least 25 calendar days prior to the next hearing date, the parties shall file and serve 26 updated Income and Expense Declarations. 27 c. At least 20 calendar days prior to the next hearing date, Petitioner shall file and serve a 28 declaration outlining his position regarding the issues to be heard at the review hearing. 29 1 d. At least 10 calendar days prior to the next hearing date, Respondent shall file and serve a 2 declaration responding to Petitioner’s declaration. 3 e. At least 5 calendar days prior to the next hearing date, Petitioner may file and serve a 4 reply declaration. 5 f. At least 5 calendar days prior to the next hearing date, both parties shall file and serve 6 proposed Statements of Support Calculation for all relevant periods. 7 6) Respondent’s attorney is admonished to submit in hard copy form (not via e-filing) the proposed 8 Findings and Order After Hearing for the prior 4/23/2024 hearing as required by San Francisco 9 Local Rules, rule 2.11(D)(7)(d). 10 7) Respondent’s attorney shall prepare the written order after hearing. 11 8) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 12 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 13 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 14 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 15 proposed order after hearing directly to the court. Failure to submit the order after hearing within 16 10 days may allow the other party to prepare a proposed order and submit it to the court in 17 accordance with CA Rules of Court, Rule 5.125(d). 18 19 20 21 22 23 24 25 26 27 28 29

Real Property/Housing Court Law and Motion Calendar for July 15, 2024 line 2. DEFENDANT'S MOTION TO COMPEL is GRANTED. Plaintiff to appear for deposition on July 16, 2024 at 9:00 a.m. Parties may agree on any other mutually acceptable date and inform the Court of their agreement by 9:30 a.m. on July 15, 2024. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.

Matter on the Law & Motion Calendar for Monday, July 15, 2024, Line 3. PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC's Motion To Vacate Dismissal And Enter Judgment Under Terms Of Stipulated Settlement. Plaintiff's unopposed "motion to vacate dismissal and enter judgment under terms of stipulated settlement" is granted. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)