Preview
Electronically Filed
1 Jerome Anthony Clay, Jr., Esq., SBN 327175 Superior Court of California
LAW OFFICES OF JEROME A. CLAY County of San Joaquin
2 5250 Claremont Avenue, Suite 221
Stockton, California 95207 2021-03-09 15:14:52
3 Clerk: Taylor Hiedeman
Telephone: (209) 603-9852
4 Facsimile: (510) 280-2841
E-mail: Jclay7@claylaw.net
5
Attorney(s) for Plaintiff(s): Tracy B. Page
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN JOAQUIN
10 STOCKTON COURTHOUSE
11 TRACY B. PAGE, an individual, Case No.: STK-CV-UF-2020-0010485
12 Plaintiff(s), Assigned for all purposes to:
Honorable Judge Barbara Kronlund
13 vs. Department 10D
14 LARRY TAYLOR, an individual; JEFFREY
LOEW, an individual; AMERICAN GENERAL PLAINTIFF’S DECLARATION IN SUPPORT
15 LIFE INSURANCE COMPANY AKA AIG, a OF PLANITIFF’S OPPOSITION TO
Texas corporation; and DOES 1 through 50, DEFENDANT JEFFREY LOEW’S DEMURRER
16 Inclusive, TO COMPLAINT
17
Hearing’s:
Defendant(s).
18 Date : March 25, 2021
Time : 9:00 a.m.
19 Dept. : 10D
Judge: Honorable Barbara Kronlund
20
___________________________
21
[JURY TRIAL DEMANDED]
22 Complaint Filed: December 14, 2020
Trial Date: Not Assigned
23
24
25 DECLARATION OF TRACY B. PAGE IN SUPPORT OF OPPOSITION TO DEFENDANT
26 JEFFREY LOEW’S DEMURRER TO COMPLAINT
27 I, TRACY B. PAGE being first duly sworn and under oath deposes and declare that the
28 following is true and correct, and called as a witness, I could competently testify to the matters
LAW
OFFICES OF Case No. STK-CV-UF-2020-0010485 1
JEROME A.
CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER
1 hereinafter set forth which are within my personal knowledge:
2 1. I’m a Plaintiff in this instant action, and submitting this Declaration in Support of
3 Opposition to Defendant JEFFREY LOEW’S Demurrer.
4 2. I’m legally blind, and all my daily activates are supported by the assistance of my
5 guardian.
6 3. Recently, on or about November 2020, I inquired the assistance of Mr. Jerome
7 Anthony Clay, Jr., in reviewing the letters that I have been receiving from AMERICAN GENERAL
8 LIFE INSURANCE COMPANY AKA AIG and issues involving the fraud that my uncle LARRY
9 TAYLOR effected under my mother’s life insurance policy.
10 4. At that time, I also explained to Mr. Clay, that I previously had attorney to help me
11 with the issues regarding the Probate case, for which the petition was filed by my uncle, In Re
12 Estate of Betty Page, Case No.: STH-PR-EST-2016-000781.
13 5. My interest was represented by Mr. JEFFREY LOEW’s office. Mr. Loew knew that I
14 was legally blind and due to my disability he offered to take my case at discounter price. I paid him
15 $250.00 as I retainer, to represent my interest in the Probate court.
16 6. I was not involved much in the case. I provided Mr. Loew with all information that he
17 requested, and I believed that he is doing good job in the challenging my uncle petition, as I was
18 the only heir to my mother’s estate.
19 7. I did not know much about the case, but accepted my faith as my uncle deprived me
20 of enjoyment of my mother’s home and her business.
21 8. As I have learned about my uncle’s fraud upon my mother’s life insurance, I also
22 learned that the Probate case was concluded to my uncle’s satisfaction due to absence of the
23 objection to the petition.
24 9. I learned from Mr. Clay, that the document filed by Mr. Leow in the Probate case was
25 withdrawn by dismissal, also filed by Mr. Leow.
26 10. I was not informed by Mr. Leow that he was filing dismissal, nor did he inform me
27 what the consequences of such are. He did not advise me, that if he files the dismissal, how I
28 should proceed further, just to be able to have my interest presented in the Probate case.
LAW
OFFICES OF Case No. STK-CV-UF-2020-0010485 2
JEROME A.
CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER
1 11. I was explained by Mr. Clay, that the absences of the objection and/or contest,
2 basically paved the way for my uncle in completing his ill game of disinheriting me off my mother’s
3 inheritance, and leaving me on the street.
4 12. Couple days ago, I was contacted my Mr. Clay, inquiring about the document filed by
5 Mr. Leow, and my signature placed on the verification of that document.
6 13. I explained to Mr. Clay, that I have not signed any document prepared by Mr. Leow. I
7 have never meet Mr. Leow, nor visited his office, and I do not recall receiving any mail from him. If
8 he requested me to sign any document, that document need to be mailed to me, for me to sign.
9 14. All my mail and documents are read to me by my guardian, and if documents are
10 needed to be signed, are usually executed by my guardian, placing his hand over my hand, I will
11 hold the pen, and he will hold my hand. I’m not proud of my signatures, as they are probably
12 crooked.
13 15. I also discussed with Mr. Clay, the reasons behind sudden dismissal filed by Mr.
14 Leow in the Probate case. I was informed, that if Mr. Leow withdrew his legal representation from
15 the Probate case, that the objection/contest will not be withdrew, and in that case, I will be
16 representing myself. I also was informed that are many reasons why someone will decide to stop
17 the representation for the clients in legal matters, and that one of them can be economical.
18 16. As a blind person, I have a lot of time form myself to think about many things, but will
19 never understand that people can abended someone without saying good bye, especially when that
20 someone is not able to see, recognize and discover the abandonment.
21 17. As already stated, I’m legally blind and everything that I do, is through the assistance,
22 and if I ever signed anything for Mr. Leow, it needed to be done through the mail, and with the
23 assistance of my guardian.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing
25 is true and correct and that this Declaration was executed on March 8, 2021, in Stockton, San
26 Joaquin County, California.
27 __________________________
Tracy B. Page
28
LAW
OFFICES OF Case No. STK-CV-UF-2020-0010485 3
JEROME A.
CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER
1 TRACY B. PAGE vs LARRY TAYLOR, ET. AL.
Superior Court of the State Of California, In and for the County of San Joaquin
2 Stockton Courthouse, Case No.: STK-CV-UF-2020-0010485
3 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN
4
I am resident of the State of California, over the age of eighteen years, and not a party to the
5 within action. My business address is, 5250 Claremont Avenue, Suite 221, Stockton, California
95207.
6
On the date set forth below, I served the following document(s) described as:
7
♦ PLAINTIFF’S DECLARATION IN SUPPORT OF PLANITIFF’S OPPOSITION TO
8 DEFENDANT JEFFREY LOEW’S DEMURRER TO COMPLAINT
9 On the interested parties in this action by placing true copies thereof enclosed in sealed
envelopes and/or packages addressed as follows:
10
♦ Bruce D. MacLeod, Esq. E-Mail: bruce@wsbclawyers.com
11 WILLOUGHBY, STUART, BENING & COOK, INC.
50 W. San Fernando Street, Suite 400
12 San Jose, California 95113
13 Attorney(s) for Defendant(s): JEFFREY LOEW
14 ☒ (MAIL) I placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with this firm’s practice for collecting and processing
15 correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
16 Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the
county where the mailing occurred. The envelope or package was placed in the mail at
17 Stockton, California.
☒ (E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of
18 the parties to accept service by e-mail or electronic transmission, I caused the documents to
be sent to the persons at the e-mail addresses listed, I did not receive, within a reasonable
19 time after the transmission, any electronic message or other indication that the transmission
was unsuccessful.
20
☒ (State) I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
☐ (Federal) I declare that I am employed in the office of a member of the Bar of this Court at
22 whose direction the service was made. I declare under penalty of perjury under the
laws of the United States of America that the above is true and correct.
23
Executed on March 9th, 2021, at Stockton, San Joaquin County, California.
24
25
___________________________
26 Jerome Anthony Clay, Jr.
27
28
LAW
OFFICES OF Case No. STK-CV-UF-2020-0010485 4
JEROME A.
CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF
PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER
Preview
Electronically Filed 1 Jerome Anthony Clay, Jr., Esq., SBN 327175 Superior Court of California LAW OFFICES OF JEROME A. CLAY County of San Joaquin 2 5250 Claremont Avenue, Suite 221 Stockton, California 95207 2021-03-09 15:14:52 3 Clerk: Taylor Hiedeman Telephone: (209) 603-9852 4 Facsimile: (510) 280-2841 E-mail: Jclay7@claylaw.net 5 Attorney(s) for Plaintiff(s): Tracy B. Page 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN JOAQUIN 10 STOCKTON COURTHOUSE 11 TRACY B. PAGE, an individual, Case No.: STK-CV-UF-2020-0010485 12 Plaintiff(s), Assigned for all purposes to: Honorable Judge Barbara Kronlund 13 vs. Department 10D 14 LARRY TAYLOR, an individual; JEFFREY LOEW, an individual; AMERICAN GENERAL PLAINTIFF’S DECLARATION IN SUPPORT 15 LIFE INSURANCE COMPANY AKA AIG, a OF PLANITIFF’S OPPOSITION TO Texas corporation; and DOES 1 through 50, DEFENDANT JEFFREY LOEW’S DEMURRER 16 Inclusive, TO COMPLAINT 17 Hearing’s: Defendant(s). 18 Date : March 25, 2021 Time : 9:00 a.m. 19 Dept. : 10D Judge: Honorable Barbara Kronlund 20 ___________________________ 21 [JURY TRIAL DEMANDED] 22 Complaint Filed: December 14, 2020 Trial Date: Not Assigned 23 24 25 DECLARATION OF TRACY B. PAGE IN SUPPORT OF OPPOSITION TO DEFENDANT 26 JEFFREY LOEW’S DEMURRER TO COMPLAINT 27 I, TRACY B. PAGE being first duly sworn and under oath deposes and declare that the 28 following is true and correct, and called as a witness, I could competently testify to the matters LAW OFFICES OF Case No. STK-CV-UF-2020-0010485 1 JEROME A. CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER 1 hereinafter set forth which are within my personal knowledge: 2 1. I’m a Plaintiff in this instant action, and submitting this Declaration in Support of 3 Opposition to Defendant JEFFREY LOEW’S Demurrer. 4 2. I’m legally blind, and all my daily activates are supported by the assistance of my 5 guardian. 6 3. Recently, on or about November 2020, I inquired the assistance of Mr. Jerome 7 Anthony Clay, Jr., in reviewing the letters that I have been receiving from AMERICAN GENERAL 8 LIFE INSURANCE COMPANY AKA AIG and issues involving the fraud that my uncle LARRY 9 TAYLOR effected under my mother’s life insurance policy. 10 4. At that time, I also explained to Mr. Clay, that I previously had attorney to help me 11 with the issues regarding the Probate case, for which the petition was filed by my uncle, In Re 12 Estate of Betty Page, Case No.: STH-PR-EST-2016-000781. 13 5. My interest was represented by Mr. JEFFREY LOEW’s office. Mr. Loew knew that I 14 was legally blind and due to my disability he offered to take my case at discounter price. I paid him 15 $250.00 as I retainer, to represent my interest in the Probate court. 16 6. I was not involved much in the case. I provided Mr. Loew with all information that he 17 requested, and I believed that he is doing good job in the challenging my uncle petition, as I was 18 the only heir to my mother’s estate. 19 7. I did not know much about the case, but accepted my faith as my uncle deprived me 20 of enjoyment of my mother’s home and her business. 21 8. As I have learned about my uncle’s fraud upon my mother’s life insurance, I also 22 learned that the Probate case was concluded to my uncle’s satisfaction due to absence of the 23 objection to the petition. 24 9. I learned from Mr. Clay, that the document filed by Mr. Leow in the Probate case was 25 withdrawn by dismissal, also filed by Mr. Leow. 26 10. I was not informed by Mr. Leow that he was filing dismissal, nor did he inform me 27 what the consequences of such are. He did not advise me, that if he files the dismissal, how I 28 should proceed further, just to be able to have my interest presented in the Probate case. LAW OFFICES OF Case No. STK-CV-UF-2020-0010485 2 JEROME A. CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER 1 11. I was explained by Mr. Clay, that the absences of the objection and/or contest, 2 basically paved the way for my uncle in completing his ill game of disinheriting me off my mother’s 3 inheritance, and leaving me on the street. 4 12. Couple days ago, I was contacted my Mr. Clay, inquiring about the document filed by 5 Mr. Leow, and my signature placed on the verification of that document. 6 13. I explained to Mr. Clay, that I have not signed any document prepared by Mr. Leow. I 7 have never meet Mr. Leow, nor visited his office, and I do not recall receiving any mail from him. If 8 he requested me to sign any document, that document need to be mailed to me, for me to sign. 9 14. All my mail and documents are read to me by my guardian, and if documents are 10 needed to be signed, are usually executed by my guardian, placing his hand over my hand, I will 11 hold the pen, and he will hold my hand. I’m not proud of my signatures, as they are probably 12 crooked. 13 15. I also discussed with Mr. Clay, the reasons behind sudden dismissal filed by Mr. 14 Leow in the Probate case. I was informed, that if Mr. Leow withdrew his legal representation from 15 the Probate case, that the objection/contest will not be withdrew, and in that case, I will be 16 representing myself. I also was informed that are many reasons why someone will decide to stop 17 the representation for the clients in legal matters, and that one of them can be economical. 18 16. As a blind person, I have a lot of time form myself to think about many things, but will 19 never understand that people can abended someone without saying good bye, especially when that 20 someone is not able to see, recognize and discover the abandonment. 21 17. As already stated, I’m legally blind and everything that I do, is through the assistance, 22 and if I ever signed anything for Mr. Leow, it needed to be done through the mail, and with the 23 assistance of my guardian. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing 25 is true and correct and that this Declaration was executed on March 8, 2021, in Stockton, San 26 Joaquin County, California. 27 __________________________ Tracy B. Page 28 LAW OFFICES OF Case No. STK-CV-UF-2020-0010485 3 JEROME A. CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER 1 TRACY B. PAGE vs LARRY TAYLOR, ET. AL. Superior Court of the State Of California, In and for the County of San Joaquin 2 Stockton Courthouse, Case No.: STK-CV-UF-2020-0010485 3 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN 4 I am resident of the State of California, over the age of eighteen years, and not a party to the 5 within action. My business address is, 5250 Claremont Avenue, Suite 221, Stockton, California 95207. 6 On the date set forth below, I served the following document(s) described as: 7 ♦ PLAINTIFF’S DECLARATION IN SUPPORT OF PLANITIFF’S OPPOSITION TO 8 DEFENDANT JEFFREY LOEW’S DEMURRER TO COMPLAINT 9 On the interested parties in this action by placing true copies thereof enclosed in sealed envelopes and/or packages addressed as follows: 10 ♦ Bruce D. MacLeod, Esq. E-Mail: bruce@wsbclawyers.com 11 WILLOUGHBY, STUART, BENING & COOK, INC. 50 W. San Fernando Street, Suite 400 12 San Jose, California 95113 13 Attorney(s) for Defendant(s): JEFFREY LOEW 14 ☒ (MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice for collecting and processing 15 correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal 16 Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at 17 Stockton, California. ☒ (E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of 18 the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed, I did not receive, within a reasonable 19 time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 20 ☒ (State) I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. ☐ (Federal) I declare that I am employed in the office of a member of the Bar of this Court at 22 whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. 23 Executed on March 9th, 2021, at Stockton, San Joaquin County, California. 24 25 ___________________________ 26 Jerome Anthony Clay, Jr. 27 28 LAW OFFICES OF Case No. STK-CV-UF-2020-0010485 4 JEROME A. CLAY PLAINTIFF’S DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT JEFFREY LOEW’S DEMURRER