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GARY P. DAMBAGHER, ESQ. (SBN 92141) FILED
FRANK L. RUSSELL (SBN 289335)
by Superior Court of California, County of San Matec
TIMOTHY T. TRUJILLO (SBN 198894 on 4/12/2021
DAMBACHER, TRUJILLO & RUSSELL, By___/s/ Marcela Enriquez
A PROFESSIONAL LAW CORPORATION ape Same
32 N. WASHINGTON STREET
SONORA, CALIF [A 95370
TELEPHONE: (209) 533-1883 FAX: (209) 533-3844
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Attorneys for Defendant, and Cross-Complainant, DAVID DUNCAN
as Successor Trustee ofthe John and Grace Arata 2004 Trust
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
Case No. 20-CIV-02349
NOTICE OF SUBSTITUTION OF SUCCESSOR
TRUSTEE AS A PARTY, CONSENT BY
SUCCESSOR TRUSTEE AND CONTINUING
REPRESENTATION BY ATTORNEYS
PENINSULA OPEN SPACE TRUST,
Plaintiff,
vs.
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REDWOOD TRUST DEED SERVICES, INC., )
a California Corporation; ERNEST J. MCNABB, )
individually and as Trustee of the Ernest J. }
McNabb Revocable Living Trust Dated )
11/19/1990; LOUIS J. ARATA, individually; )
LAURA ARATA, individually, and as sole ) DATE: April 23, 2021
successor trustee of the John and Grace Arata =): “TIME: 9:00 a.m.
2004 Trust Executed August 11, 2004; ) DEPT. 28, Courtroom 2F
MARIE JOANNE ARATA, as the ) JUDGE: TBA
Representative of the Estate of Gary J. Arata, )
Deceased; and DOES 1-20, }
)
_)
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2
)
Defendants.
AND RELATED CROSS-ACTION.
Notice is hereby given that David Duncan is the successor trustee of the John and Grace Arata
2004 Trust dated August 11, 2004, having been appointed pursuant to that certain Stipulation and Order
Appointing New Trustee, attached hereto and identified as Exhibit A. Additionally, under the terms of a|
written Conflict Waiver executed by Louis Arata, Laura Arata, Marie Arata and David Duncan, the law
Page 1
NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY
SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS.Ce NAH &® wD
Boe ee ee ee
RPRBBBEBSCReIABESESES
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firm of Dambacher, Trujillo and Russell, a professional law corporation, will continue to represent the
trustee of the John and Grace Arata 2004 Trust as a defendant and cross-complainant in the pending
litigation. |
Respectfully submitted,
DAMBA R, FRUJELLO & RUSSELL, APC
By:
GARY P. DAMBACHER, Esq.
CONSENT TO REPRESENTATION
I consent to representation by the law firm of Dambacher, Trujillo & Russell, a professional law
corporation in this matter.
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NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY
SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS| Exhibit ACoO YN DAH BB YW NY
RR NY NY YR NRK HN = BF ee we ee Be Be
ont DN HW F&F Bw NH FH TY Ce DR DH FF BW YY KF CO
Peter A Kim, Esq. (SBN 250470)
FILED
SAN MATEO COUNTY
APR 0 8.2021
LAW OFFICE OF PETER A. KIM ~€lectronically
3440 Wilshire Blvd., Suite 1208
Los Angeles, CA 90010
Phone Number: (213) 387-0800
Fax Number: (213) 387-0880
Clerk of ine Superior Court
RECEIVED 0 ee
4/1/2021 11:07 AM
CLERK OF THE SUPERIOR COURT
SAN MATEO COUNTY
Attorney for Beneficiary and Petitioner,
Louis J. Arata
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
In the matter of
JOHN AND GRACE ARATA 2004 TRUST
LOUIS J. ARATA, Beneficiary of the John and
Grace Arata 2004 Trust;
Petitioner,
vs.
LAURA J. ARATA, individually and as
Successor Trustee of the John and Grace Arata
2004 Trust; and Does 1 — 20, inclusive,
Respondents.
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Case No.: 19-PRO-01586
STIPULATION AND ORDER
APPOINTING NEW TRUSTEE
[Probate Code Sections 17200 and 15602(b)]
Stipulation And Order Appointing New Trustee —Ceo IN DW
THIS STIPULATION is entered into, by and between, Laura J. Arata, trustee of the John
and Grace Arata 2004 Trust (“Arata Trust”); Marie J. Arata, personal representative of the Estate of
Gary J. Arata, Deceased; and Louis J. Arata, individually; (collectively “the Parties”), through their
respective counsel, and the Parties hereby stipulate to and request the Court to accept the
resignation of Laura J. Arata as trustee and appoint a new trustee as follows:
1. Laura J. Arata has resigned as the trustee of the Arata Trust and will immediately turnover
all assets and records to the new trustee of the Arata Trust. (See: Exhibit A, Notice of Resignation
of Trustee).
2. The sole beneficiaries of the Arata Trust are the Estate of Gary J. Arata and Louis J.
Arata.
3. Marie J. Arata, the personal representative of the Estate of Gary J. Arata has consented to
the resignation of Laura J. Arata as trustee of the Arata Trust and supports the nomination of David
R. Duncan as the successor trustee. Additionally, the Estate of Gary J. Arata has waived the bond
requirement for the appointment of David R. Duncan as trustee of the Arata Trust. (See: Exhibit B,
Declaration of Marie J. Arata, personal representative of the Estate of Gary J. Arata).
4. Louis J. Arata has consented to the resignation of Laura J. Arata as trustee of the Arata
Trust and reaffirmed his support for the nomination of David R. Duncan as the successor trustee.
Additionally, Louis J. Arata has waived the bond requirement for the appointment of David R.
Duncan as trustee of the Arata Trust. (See: See: Exhibit C, Declaration of Louis J. Arata).
5. David R. Duncan has accepted, subject to court approval, his nomination to serve as
trustee of the Arata Trust. (See: Exhibit D, Declaration of David R. Duncan, { 9)
6. The Parties are requesting the Court to accept the resignation of Laura J. Arata as trustee
and pursuant to Probate Code § 17200, appoint David R. Duncan as the new trustee of the Arata
Trust; and pursuant to Probate Code § 15602 (b), excuse the requirement for a bond,
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Stipulation And Order Appointing New Trusteev
IT IS SO STIPULATED.
Dated: March_25_, 2021 7 ih ~~
Peter Andrew Kim
Attomey for Louis J. Arata
Petitioner and Beneficiary
Dated: March ZS, 2021 °
P. Dambacher
Jambacher, Trujillo & Russell,
A Professional Law Corporation
Attorney for Laura J. Arata, trustee
John and Grace Arata 2004 Trust; and
Marie J. Arata as the personal
representative of the Estate of Gary
J. Arata
ORDER
Having reviewed the foregoing Stipulation, and good cause appearing, IT IS HEREBY
ORDERED:
1. The Court accepts the resignation of Laura J. Arata as trustee of the John and Grace Arata
2004 Trust and appoints David R. Duncan as sole successor trustee.
2. That Laura J Arata shall produce and surrender to David R. Duncan all records of
account, including all trust bank account statements dating from March 2018 to the date of this
Order.
3. That Laura J. Arata shall provide a list of all assets on hand, and surrender such assets,
including but not limited to, cash and stocks to David R. Duncan.
im (LBL Kea
‘JUDGE OF THE SUPERIOR COURT
23.
‘Stipulation And Order Appointing New TrusteeN
om YN DAH F&F Ww
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Exhibit A
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Stipulation And Order Appointing New TrusteeCem YN DH RFR BW DY
Rw NN NY NY N NNN He ewe ewe ee ewe ewe ee
eo QW AA KF BDH = SOC wH AAA RBH FS
NOTICE OF RESIGNATION OF TRUSTEE
NOTICE IS HEREBY GIVEN, that I, Laura J. Arata, do hereby resign as Trustee of
the John and Grace Arata 2004 Trust; effective upon the beneficiaries of the Trust, Louis J.
Arata and Marie Arata, personal representative of the Estate of Gary J. Arata, consenting to
my tesignation. I shall immediately turnover all assets and records of the Trust to the new
trustee.
Dated: March 25 __, 2021 : OES
Laura J. Arata
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Stipulation And Order Appointing New TrusteeSO mY DH BR BW NY
YN NY NY YN NNN Be ee ewe we we Be Be
eo W AA FBS =| SO we KN A A BBP
Exhibit B
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Stipulation And Order Appointing New TrusteeMarie J, Arata, personal representative of the Estate of Gary J. Arata, deceased, a
‘beneficiary of the John and Grace Arata 2004 Trust (“Trust”), declares as follows:
1. Tconsent to the resignation of Laura J, Arata.as Trustee of the ‘Trust,
2. Purauant to California Probate Code Section 1$660(d), I heteby support the
nomination of David R. Duucan to act as successor trustee of the Trust,
3,1 voluntatily waive the requirement for a bond under California Probate Code §
11 || 15602, for the appointment of David R. Duncan as trustee of the Trust; and respectfully
12 | request that the court excuse the requirement of a bond. I fully understand and saree that the
15 | assets of the Trust will not be protected by a bond during the administration of the Trust.
4, The undersigned deolares under the penalty of perjury under the laws of the State
16 |] of Washington that the foregoing is true and correct, , :
19 | Dated: March 23", 2021 Pain 4 Lia fas
» Marie J Arua
Peraoni resentative
a Estate of Gary J. Atata, Deceased”
ate
‘Stipuleilon And Order Appointing New Trusteo
“dowd 66V9LEEGOS eqeiy uosen WY TY?60 TZ0Z'SZ°=BoOo YN DH FPF YN
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Exhibit C
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Stipulation And Order Appointing New TrusteeoC Oo IN DH BF YW NY
wR MY NNN NR KY KD HE HY ee ee ee eB eB
ow A A BH |= SC HAA A BR Bw KH KH OD
NT TO THE NATION OF TRUSTEE. RAJ. ARA’
AND NOMINATION OF DAVID R. DUNCAN AS. SUCCESSOR TRUSTEE
Louis J. Arata, a beneficiary of the John and Grace Arata 2004 Trust (“Trust”), declares as
follows:
1. I consent to the resignation of Laura J, Arata as Trustee of the Trust.
2. Pursuant to Probate Code Section 15660(d), I have nominated David R. Duncan to act as
successor trustee of the Trust for the reasons set forth in my declaration titled, “Beneficiary, Louis J.
Arata’s Nomination of Temporary and/or Successor Trustee” filed endorsed on November 17, 2020
and in the supporting declarations of David R. Duncan filed endorsed on November 17, 2020 and
January 5, 2021.
3. I voluntarily waive the requirement for a bond under Probate Code § 15602, for the
appointment of David R. Duncan as trustee of the Trust; and respectfully request that the court
excuse the requirement of a bond. I fully understand and agree that the assets of the Trust will not
be protected by a bond during the administration of the Trust.
4, The undersigned declares under the penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Dated: March 24, 2021 Fes | Ox
Louis J. Arata
Petitioner and Beneficiary
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Stipulation And Order Appointing New TrusteeBR won
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Exhibit D
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Stipulation And Order Appointing New TrusteeoD Om IN DH wR wD Ww
bw NR YY YR NY NR NY DY Se Se Be Se eB eB eB ese SB
2 Ian FB YW YH FS SGD MIA DA ROH =
Peter A Kim, Esq. (SBN 250470)
LAW OFFICE OF PETER A. KIM
3440 Wilshire Blvd., Suite 1208
Los Angeles, CA 90010
Phone Number: (213) 387-0800
Fax Number: (213) 387-0880
Attorney for Petitioner,
Louis J. Arata
Electronically
by Superior Court of California, County of San Mateo
on. 11/17/2020 3:11 PM
By. is{ Janet T, Rey
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
In the matter of
JOHN AND GRACE: ARATA 2004 TRUST
LOUIS J. ARATA, Beneficiary of the John and
Grace Arata 2004 Trust;
Petitioner,
vs.
LAURA J. ARATA, individually and as
Successor Trustee of the John and Grace Arata
2004 Trust; and Does 1 — 20, inclusive,
Respondeits.
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Case No.: 19-PRO-01586
DECLARATION OF DAVID R. DUNCAN
IN SUPPORT OF BENEFICIARY, LOUIS
J, ARATA’S NOMINATION IN THE
ALTERNATIVE OF TEMPORARY
AND/OR SUCCESSOR TRUSTEE
[Probate Code Section 15660(d)]
[Filed concurrently with Beneficiary, Louis J.
Arata’s Nomination Of Temporary And/Or
Successor Trustee and Petitioner’s Verified
Supplemental Brief]
DATE; December 17, 2020
TIME: 9:00 AM
DEPT: 28 (Probate)
Supplemental Declaration of David R. Duncan in Support of Beneficiary,
Louis J. Arata’s Nomination in the AlternativeDECLARATION OF DAVID R. DUNCAN
I, David R. Duncan, declare and state as follows:
1. The facts stated in this Declaration are true and correct of my own personal knowledge,
except for those matters expressly stated on information and belief, which miatters that I believe to
be true. If called as a witness, I could and would competently testify thereto.
CK ND FAMILY AND THE A A
2. During the late 1960s and 1970s, my parents would make large bulk purchases of
pumpkins from John and Clarence Arata, the owners of the Arata Ranch with their Tespective wives,
Grace and Lillian. During the summer of 1972,] started working for John and Clarence at the Arata
Ranch and continued working each summer until 1977. While working at the Arata.Ranch, I resided
at the farmhouse of John and Grace Arata.
3, During this time, I developed aclose friendship with the children of John and Grace; that
is, Gary J. Arata and his brother of Louis J. Arata; as well,as other members of the extended Arata
family. Additionally, I also acquired a deep knowledge of the Arata Ranch property and.am very
familiar with its history, topography and the approved building sites. Most recently, in September _
2020, with the permission of Louis J. Arata, I visited the Arata Ranch and explored much of the
|| property.
4, [have read the POST- Conservation Easement and am familiar with its terms and
conditions and understand how it impacts the sale of the Arata Ranch and any future development.
Also, I have read the Settlement Agreement in Arata v. Arata, Case No. C1V53 1627 in the San
Mateo County Superior Court, that governs the sale of the Arata Ranch; and I am fully aware of its
requirements for the sale of the Arata Ranch,
[eae
Supplemental Declaration of David R. Duncan in Support of Beneficiary,
Louis J. Arata’s Nomination in the AlternativeEDUCATION
5. In 1980, I attended De Anza Community College and in 1986 I received from the
University of Southern California a bachelor’s degree in business administration, with an emphasis
in real estate finance,
BUSINESS EXPERIENCE
6. In 1987, I started my business Big Top Rentals in a one car garage in Anaheim, to
manufacture and supply tents and canopies for large scale corporate and public events. Since then
we have evolved into the largest tent and canopy special event company in Southern California, and
we also service Las Vegas too. Our tents are as large as 100’ X 800’ and we also provide ancillary
equipment and support services. Our long-time clients include, but are not limited to Verizon,
Mercedes Benz, American Cancer Society, Susan G. Kormen Race for the Cure, Kaiser
Permanente, AMC Theatres, CBS, Disney, Carl’s Jr., 24 Hour Fitness and many more established
companies and organizations. On September 7, 2020, CBS News did a news story that referenced
my company and how during the pandemic we have found a new market for tents serving schools,
churches, restaurants and hospitals. Attached as Exhibit A is a true and correct copy of a printout of
the CBS News article, which is publicly available on the website of CBS at:
https://www.cbsnews.com/news/tent-rentals-weddings-schools-coronavirus-pandemic/ .
EAL ESTATE ERTENCE
7. 1 own eight properties, including three commercial/industrial properties, three residential.
| properties and a wedding venue. I have significant experience in managing and maintaining these
properties and fully understand the intricacies of complex real property transactions.
ER, RMATI
8. Lam long-time resident of Yorba Linda, California, am. married and have two children.
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Supplemental Declaration of David R. Duncan in Support of Beneficiary,
Louis J. Arata’s Nomination in the AlternativeaI aA WR Ww
Oo
TRUSTEE OF THE ARATA TRUST
9. if I am appointed trustee of the Jolin and Grace Arata 2004 Trust (“Arata Trust”), I will
accept this appointment. I am committed to selling the Arata Ranch and to liquidate all trust assets
at the highest possible value for the beneficiaries and at the earliest date possible. Further, I will
faithfully follow the Ictter.and intent of the Arata-Trast instrument, and to.administer the trust with
absolute professionalism. and impartiality. I have no financial interest, of any nature whatsoever, in
and to the properties or assets of the Arata Trust nor will I in the future, And I have absolutely no
|| conflicts of interests with the Arata Trust.and its interests,
10. I declare under the. penalty of perjury under the laws.of the State of California that the
foregoing is true and correct and that this Declaration was executed on October Q t 2020, at, 7
Anaheim, California.
David. R. Duncan
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Supplemental Declaration of David R. Duncan in Support of Beneficiary,
Louis J. Arata’s Nomination in the Alternative |Exhibit AIt's the must-have item for many schools around the
U.S. as they welcome students back this fall amid
the coronavirus: tents.
David Duncan, owner of Big Top Rentals, said the
Anaheim, California, company is "turning people away
because.we havé no canopies in stock" as schools
scramble for ways to-enable proper social distancing.
That's helping offset the hit to his business earlier this
year as marriage parties, event planners and other
customers cancelled because of the widening -
pandemic.
"In the beginning, everything was dead ~ every time
the phone rang, it was a cancellation because we
normally do larger events, like the Temecula Valley
Balloon and Wine festival, and Orange International
Street Fair in Orange County," he said.Nearly 100,000 U.S. children had tested positive for the
coronavirus in the last two weeks of July, the American
Academy of Pediatrics found last month. To mitigate
those risks, mariy schools are experimenting with
outdoor classrooms and dining halls in an effort to
safely resume in-person learning.
Big Top rented more than a dozen tents, some as large
as 40 x 100 feet and costing up to $4,500 per month, to
the Fullerton, California, school district. The tents will
be used as a staging area for temperature checks:on
students before they enter school buildings, as well as
to.create outdoor learning and recreational areas.
Nearby Cerritos College in Norwalk, California, also
rented 50 x 80-foot tents to hold classes.
"We have never done these kinds of ténts for schools
before," said Duncan, noting that the company is also
renting more to restaurants, churches and hospitals.Jim Mariano, who owns Backyard Tent Rental near
Boston, Massachusetts, panicked in April when sales
plummeted. Then schools, both public and private,
started calling in droves.
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"We have seen a massive uptick in business from school
systemis in my area," he said. "I got inquiries from.20-
plus school systems asking for anywhere from two to
20 small- to medium-size tents. They were all looking to
go long-term for as long as weather will permit.""I went from complete full despair and panic to having
the best year I have had in 13 years,” Mariano said.
“Lwent from complete full despair and -panic fa having the best year | have had in
13 years,Jim Mariano, owner of Backyard Tent Rental in Massachusetts, said of
surging schoo} deniand for tents.
COURTESY OF Ji MARIANOTent makers also report seeing rising demand,
particularly from schools. Anchor, one of the largest
tent manufacturers in the country, has sold $14 million
worth of tents since June, according to Justin Riat, vice
president of sales. That includes a $1 million. order for
roughly 50 tents from a Jewish school system in New
York that plans to hold all of its classes outdoors this
fall,
Mariano estimated that about 80% of the company's
orders have come from schools, with restaurants
mostly accounting for the remaining spike in sales.
"Never before were schools on our radar at all," he said.
First published on September 7, 2020 / 12:51 PM
© 2020 CBS Interactive Inc., All Rights Reserved,Cow dN DW BF WN
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PROOF OF SERVICE
Peninsula Open Space Trust v. Redwood Trust Deed Services, et al.
‘San Mateo County Superior Court, No. 20-ClV-02349
|
|, Tricia Lenox, hereby declare: | am employed in the County of Tuolumne; my business address is 32 N.
Washington Street, Sonora, California 95370. | am over the age of 18 years and not a part to the foregoing action.
On April 12, 2021, | served the foregoing NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A
PARTY, CONSENT BY SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS:
|
[© by first class mail on each of the parties as set forth below, in accordance with Code of Civil Procedure
§1013(a), by placing a true copy thereof enclosed in a sealed envelope, with postage fully prepaid, in a
designated area for outgoing mail. In the ordinary course of business at Dambacher, Trujillo & Russell, mail
placed in that designated area is given the correct amount of postage and is deposited that same day in a
United States mailbox in Sonora, California.
CO by fax transmission on today's date on each of the parties as set forth below, in accordance with Code of
Civil Procedure §1005(c).' No errors were reported by the fax machine that | used.
[1 by electronic service on today’s date to the e-mail addresses of the parties as set forth below.
|
Parties served:
For Plaintiff: | For Defendant Redwood Trust Deed Services:
Tamara S. Galanter, Esq. Benjamin R. Levinson, Esq.
Sara A. Clark, Esq. Law Office of Benjamin R. Levinson
Shute, Mihaly & Weinberger 46 N. Second Street, Suite A
396 Hayes Street Campbell, California 95008
San Francisco, California 94102
Facsimile: (408) 866-2992
Facsimile: (415) 552-5816 Email: ben@benlevinsonlaw.com
Email: galanter@smwlaw.com
Email: clark@smwlaw.com
For Defendant Ernest J. McNabb: For Cross-Defendants Maier and Hillcrest:
Andrew J. Wiegel, Esq. William W. Hatcher, Jr., Esq.
G. Ryan Patrick, Esq. Law Offices of William W. Hatcher
Wiegel Law Group 114 Pierce Street
414 Gough Street, Suite 1 Santa Rosa, California 95404
San Francisco, California 94102
Facsimile: (707) 545-0220
Facsimile: none available Email: whatcher@sonic.net
Email: andrew@wiegellawgroup.com
Email:_ rvan@wieaellawaroup.com
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that this document was executed on April 12, 2021, in Sonora, California.
TRICIA LENOX
Preview
Cw ra nn ere ww RBRPEBBYPBSSCRSEWABEBEHTS 26 27 28 j Electronically GARY P. DAMBAGHER, ESQ. (SBN 92141) FILED FRANK L. RUSSELL (SBN 289335) by Superior Court of California, County of San Matec TIMOTHY T. TRUJILLO (SBN 198894 on 4/12/2021 DAMBACHER, TRUJILLO & RUSSELL, By___/s/ Marcela Enriquez A PROFESSIONAL LAW CORPORATION ape Same 32 N. WASHINGTON STREET SONORA, CALIF [A 95370 TELEPHONE: (209) 533-1883 FAX: (209) 533-3844 | Attorneys for Defendant, and Cross-Complainant, DAVID DUNCAN as Successor Trustee ofthe John and Grace Arata 2004 Trust SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO Case No. 20-CIV-02349 NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS PENINSULA OPEN SPACE TRUST, Plaintiff, vs. ) ) ) ) REDWOOD TRUST DEED SERVICES, INC., ) a California Corporation; ERNEST J. MCNABB, ) individually and as Trustee of the Ernest J. } McNabb Revocable Living Trust Dated ) 11/19/1990; LOUIS J. ARATA, individually; ) LAURA ARATA, individually, and as sole ) DATE: April 23, 2021 successor trustee of the John and Grace Arata =): “TIME: 9:00 a.m. 2004 Trust Executed August 11, 2004; ) DEPT. 28, Courtroom 2F MARIE JOANNE ARATA, as the ) JUDGE: TBA Representative of the Estate of Gary J. Arata, ) Deceased; and DOES 1-20, } ) _) ) 2 ) Defendants. AND RELATED CROSS-ACTION. Notice is hereby given that David Duncan is the successor trustee of the John and Grace Arata 2004 Trust dated August 11, 2004, having been appointed pursuant to that certain Stipulation and Order Appointing New Trustee, attached hereto and identified as Exhibit A. Additionally, under the terms of a| written Conflict Waiver executed by Louis Arata, Laura Arata, Marie Arata and David Duncan, the law Page 1 NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS.Ce NAH &® wD Boe ee ee ee RPRBBBEBSCReIABESESES 26 27 28 firm of Dambacher, Trujillo and Russell, a professional law corporation, will continue to represent the trustee of the John and Grace Arata 2004 Trust as a defendant and cross-complainant in the pending litigation. | Respectfully submitted, DAMBA R, FRUJELLO & RUSSELL, APC By: GARY P. DAMBACHER, Esq. CONSENT TO REPRESENTATION I consent to representation by the law firm of Dambacher, Trujillo & Russell, a professional law corporation in this matter. pact Gf pofap Daeg Pree ye Det esu~ peak. dey Res Page 2 NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS| Exhibit ACoO YN DAH BB YW NY RR NY NY YR NRK HN = BF ee we ee Be Be ont DN HW F&F Bw NH FH TY Ce DR DH FF BW YY KF CO Peter A Kim, Esq. (SBN 250470) FILED SAN MATEO COUNTY APR 0 8.2021 LAW OFFICE OF PETER A. KIM ~€lectronically 3440 Wilshire Blvd., Suite 1208 Los Angeles, CA 90010 Phone Number: (213) 387-0800 Fax Number: (213) 387-0880 Clerk of ine Superior Court RECEIVED 0 ee 4/1/2021 11:07 AM CLERK OF THE SUPERIOR COURT SAN MATEO COUNTY Attorney for Beneficiary and Petitioner, Louis J. Arata SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO In the matter of JOHN AND GRACE ARATA 2004 TRUST LOUIS J. ARATA, Beneficiary of the John and Grace Arata 2004 Trust; Petitioner, vs. LAURA J. ARATA, individually and as Successor Trustee of the John and Grace Arata 2004 Trust; and Does 1 — 20, inclusive, Respondents. ) 2 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) -1- Case No.: 19-PRO-01586 STIPULATION AND ORDER APPOINTING NEW TRUSTEE [Probate Code Sections 17200 and 15602(b)] Stipulation And Order Appointing New Trustee —Ceo IN DW THIS STIPULATION is entered into, by and between, Laura J. Arata, trustee of the John and Grace Arata 2004 Trust (“Arata Trust”); Marie J. Arata, personal representative of the Estate of Gary J. Arata, Deceased; and Louis J. Arata, individually; (collectively “the Parties”), through their respective counsel, and the Parties hereby stipulate to and request the Court to accept the resignation of Laura J. Arata as trustee and appoint a new trustee as follows: 1. Laura J. Arata has resigned as the trustee of the Arata Trust and will immediately turnover all assets and records to the new trustee of the Arata Trust. (See: Exhibit A, Notice of Resignation of Trustee). 2. The sole beneficiaries of the Arata Trust are the Estate of Gary J. Arata and Louis J. Arata. 3. Marie J. Arata, the personal representative of the Estate of Gary J. Arata has consented to the resignation of Laura J. Arata as trustee of the Arata Trust and supports the nomination of David R. Duncan as the successor trustee. Additionally, the Estate of Gary J. Arata has waived the bond requirement for the appointment of David R. Duncan as trustee of the Arata Trust. (See: Exhibit B, Declaration of Marie J. Arata, personal representative of the Estate of Gary J. Arata). 4. Louis J. Arata has consented to the resignation of Laura J. Arata as trustee of the Arata Trust and reaffirmed his support for the nomination of David R. Duncan as the successor trustee. Additionally, Louis J. Arata has waived the bond requirement for the appointment of David R. Duncan as trustee of the Arata Trust. (See: See: Exhibit C, Declaration of Louis J. Arata). 5. David R. Duncan has accepted, subject to court approval, his nomination to serve as trustee of the Arata Trust. (See: Exhibit D, Declaration of David R. Duncan, { 9) 6. The Parties are requesting the Court to accept the resignation of Laura J. Arata as trustee and pursuant to Probate Code § 17200, appoint David R. Duncan as the new trustee of the Arata Trust; and pursuant to Probate Code § 15602 (b), excuse the requirement for a bond, -2- Stipulation And Order Appointing New Trusteev IT IS SO STIPULATED. Dated: March_25_, 2021 7 ih ~~ Peter Andrew Kim Attomey for Louis J. Arata Petitioner and Beneficiary Dated: March ZS, 2021 ° P. Dambacher Jambacher, Trujillo & Russell, A Professional Law Corporation Attorney for Laura J. Arata, trustee John and Grace Arata 2004 Trust; and Marie J. Arata as the personal representative of the Estate of Gary J. Arata ORDER Having reviewed the foregoing Stipulation, and good cause appearing, IT IS HEREBY ORDERED: 1. The Court accepts the resignation of Laura J. Arata as trustee of the John and Grace Arata 2004 Trust and appoints David R. Duncan as sole successor trustee. 2. That Laura J Arata shall produce and surrender to David R. Duncan all records of account, including all trust bank account statements dating from March 2018 to the date of this Order. 3. That Laura J. Arata shall provide a list of all assets on hand, and surrender such assets, including but not limited to, cash and stocks to David R. Duncan. im (LBL Kea ‘JUDGE OF THE SUPERIOR COURT 23. ‘Stipulation And Order Appointing New TrusteeN om YN DAH F&F Ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A -4- Stipulation And Order Appointing New TrusteeCem YN DH RFR BW DY Rw NN NY NY N NNN He ewe ewe ee ewe ewe ee eo QW AA KF BDH = SOC wH AAA RBH FS NOTICE OF RESIGNATION OF TRUSTEE NOTICE IS HEREBY GIVEN, that I, Laura J. Arata, do hereby resign as Trustee of the John and Grace Arata 2004 Trust; effective upon the beneficiaries of the Trust, Louis J. Arata and Marie Arata, personal representative of the Estate of Gary J. Arata, consenting to my tesignation. I shall immediately turnover all assets and records of the Trust to the new trustee. Dated: March 25 __, 2021 : OES Laura J. Arata -5- Stipulation And Order Appointing New TrusteeSO mY DH BR BW NY YN NY NY YN NNN Be ee ewe we we Be Be eo W AA FBS =| SO we KN A A BBP Exhibit B “6+ Stipulation And Order Appointing New TrusteeMarie J, Arata, personal representative of the Estate of Gary J. Arata, deceased, a ‘beneficiary of the John and Grace Arata 2004 Trust (“Trust”), declares as follows: 1. Tconsent to the resignation of Laura J, Arata.as Trustee of the ‘Trust, 2. Purauant to California Probate Code Section 1$660(d), I heteby support the nomination of David R. Duucan to act as successor trustee of the Trust, 3,1 voluntatily waive the requirement for a bond under California Probate Code § 11 || 15602, for the appointment of David R. Duncan as trustee of the Trust; and respectfully 12 | request that the court excuse the requirement of a bond. I fully understand and saree that the 15 | assets of the Trust will not be protected by a bond during the administration of the Trust. 4, The undersigned deolares under the penalty of perjury under the laws of the State 16 |] of Washington that the foregoing is true and correct, , : 19 | Dated: March 23", 2021 Pain 4 Lia fas » Marie J Arua Peraoni resentative a Estate of Gary J. Atata, Deceased” ate ‘Stipuleilon And Order Appointing New Trusteo “dowd 66V9LEEGOS eqeiy uosen WY TY?60 TZ0Z'SZ°=BoOo YN DH FPF YN RP RNY NY YN KR NN He Be Be Be ee ee eI FAR OS FSSC AH AAR OR SS Exhibit C -8- Stipulation And Order Appointing New TrusteeoC Oo IN DH BF YW NY wR MY NNN NR KY KD HE HY ee ee ee eB eB ow A A BH |= SC HAA A BR Bw KH KH OD NT TO THE NATION OF TRUSTEE. RAJ. ARA’ AND NOMINATION OF DAVID R. DUNCAN AS. SUCCESSOR TRUSTEE Louis J. Arata, a beneficiary of the John and Grace Arata 2004 Trust (“Trust”), declares as follows: 1. I consent to the resignation of Laura J, Arata as Trustee of the Trust. 2. Pursuant to Probate Code Section 15660(d), I have nominated David R. Duncan to act as successor trustee of the Trust for the reasons set forth in my declaration titled, “Beneficiary, Louis J. Arata’s Nomination of Temporary and/or Successor Trustee” filed endorsed on November 17, 2020 and in the supporting declarations of David R. Duncan filed endorsed on November 17, 2020 and January 5, 2021. 3. I voluntarily waive the requirement for a bond under Probate Code § 15602, for the appointment of David R. Duncan as trustee of the Trust; and respectfully request that the court excuse the requirement of a bond. I fully understand and agree that the assets of the Trust will not be protected by a bond during the administration of the Trust. 4, The undersigned declares under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: March 24, 2021 Fes | Ox Louis J. Arata Petitioner and Beneficiary -6- Stipulation And Order Appointing New TrusteeBR won Co Oo yr DW 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit D -10- Stipulation And Order Appointing New TrusteeoD Om IN DH wR wD Ww bw NR YY YR NY NR NY DY Se Se Be Se eB eB eB ese SB 2 Ian FB YW YH FS SGD MIA DA ROH = Peter A Kim, Esq. (SBN 250470) LAW OFFICE OF PETER A. KIM 3440 Wilshire Blvd., Suite 1208 Los Angeles, CA 90010 Phone Number: (213) 387-0800 Fax Number: (213) 387-0880 Attorney for Petitioner, Louis J. Arata Electronically by Superior Court of California, County of San Mateo on. 11/17/2020 3:11 PM By. is{ Janet T, Rey Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO In the matter of JOHN AND GRACE: ARATA 2004 TRUST LOUIS J. ARATA, Beneficiary of the John and Grace Arata 2004 Trust; Petitioner, vs. LAURA J. ARATA, individually and as Successor Trustee of the John and Grace Arata 2004 Trust; and Does 1 — 20, inclusive, Respondeits. ) 2 ) ) ) ) ) ) ) ) ) 2 ) ) ) ) ) ) ) ) ) -l- Case No.: 19-PRO-01586 DECLARATION OF DAVID R. DUNCAN IN SUPPORT OF BENEFICIARY, LOUIS J, ARATA’S NOMINATION IN THE ALTERNATIVE OF TEMPORARY AND/OR SUCCESSOR TRUSTEE [Probate Code Section 15660(d)] [Filed concurrently with Beneficiary, Louis J. Arata’s Nomination Of Temporary And/Or Successor Trustee and Petitioner’s Verified Supplemental Brief] DATE; December 17, 2020 TIME: 9:00 AM DEPT: 28 (Probate) Supplemental Declaration of David R. Duncan in Support of Beneficiary, Louis J. Arata’s Nomination in the AlternativeDECLARATION OF DAVID R. DUNCAN I, David R. Duncan, declare and state as follows: 1. The facts stated in this Declaration are true and correct of my own personal knowledge, except for those matters expressly stated on information and belief, which miatters that I believe to be true. If called as a witness, I could and would competently testify thereto. CK ND FAMILY AND THE A A 2. During the late 1960s and 1970s, my parents would make large bulk purchases of pumpkins from John and Clarence Arata, the owners of the Arata Ranch with their Tespective wives, Grace and Lillian. During the summer of 1972,] started working for John and Clarence at the Arata Ranch and continued working each summer until 1977. While working at the Arata.Ranch, I resided at the farmhouse of John and Grace Arata. 3, During this time, I developed aclose friendship with the children of John and Grace; that is, Gary J. Arata and his brother of Louis J. Arata; as well,as other members of the extended Arata family. Additionally, I also acquired a deep knowledge of the Arata Ranch property and.am very familiar with its history, topography and the approved building sites. Most recently, in September _ 2020, with the permission of Louis J. Arata, I visited the Arata Ranch and explored much of the || property. 4, [have read the POST- Conservation Easement and am familiar with its terms and conditions and understand how it impacts the sale of the Arata Ranch and any future development. Also, I have read the Settlement Agreement in Arata v. Arata, Case No. C1V53 1627 in the San Mateo County Superior Court, that governs the sale of the Arata Ranch; and I am fully aware of its requirements for the sale of the Arata Ranch, [eae Supplemental Declaration of David R. Duncan in Support of Beneficiary, Louis J. Arata’s Nomination in the AlternativeEDUCATION 5. In 1980, I attended De Anza Community College and in 1986 I received from the University of Southern California a bachelor’s degree in business administration, with an emphasis in real estate finance, BUSINESS EXPERIENCE 6. In 1987, I started my business Big Top Rentals in a one car garage in Anaheim, to manufacture and supply tents and canopies for large scale corporate and public events. Since then we have evolved into the largest tent and canopy special event company in Southern California, and we also service Las Vegas too. Our tents are as large as 100’ X 800’ and we also provide ancillary equipment and support services. Our long-time clients include, but are not limited to Verizon, Mercedes Benz, American Cancer Society, Susan G. Kormen Race for the Cure, Kaiser Permanente, AMC Theatres, CBS, Disney, Carl’s Jr., 24 Hour Fitness and many more established companies and organizations. On September 7, 2020, CBS News did a news story that referenced my company and how during the pandemic we have found a new market for tents serving schools, churches, restaurants and hospitals. Attached as Exhibit A is a true and correct copy of a printout of the CBS News article, which is publicly available on the website of CBS at: https://www.cbsnews.com/news/tent-rentals-weddings-schools-coronavirus-pandemic/ . EAL ESTATE ERTENCE 7. 1 own eight properties, including three commercial/industrial properties, three residential. | properties and a wedding venue. I have significant experience in managing and maintaining these properties and fully understand the intricacies of complex real property transactions. ER, RMATI 8. Lam long-time resident of Yorba Linda, California, am. married and have two children. -3- Supplemental Declaration of David R. Duncan in Support of Beneficiary, Louis J. Arata’s Nomination in the AlternativeaI aA WR Ww Oo TRUSTEE OF THE ARATA TRUST 9. if I am appointed trustee of the Jolin and Grace Arata 2004 Trust (“Arata Trust”), I will accept this appointment. I am committed to selling the Arata Ranch and to liquidate all trust assets at the highest possible value for the beneficiaries and at the earliest date possible. Further, I will faithfully follow the Ictter.and intent of the Arata-Trast instrument, and to.administer the trust with absolute professionalism. and impartiality. I have no financial interest, of any nature whatsoever, in and to the properties or assets of the Arata Trust nor will I in the future, And I have absolutely no || conflicts of interests with the Arata Trust.and its interests, 10. I declare under the. penalty of perjury under the laws.of the State of California that the foregoing is true and correct and that this Declaration was executed on October Q t 2020, at, 7 Anaheim, California. David. R. Duncan -4- : Supplemental Declaration of David R. Duncan in Support of Beneficiary, Louis J. Arata’s Nomination in the Alternative |Exhibit AIt's the must-have item for many schools around the U.S. as they welcome students back this fall amid the coronavirus: tents. David Duncan, owner of Big Top Rentals, said the Anaheim, California, company is "turning people away because.we havé no canopies in stock" as schools scramble for ways to-enable proper social distancing. That's helping offset the hit to his business earlier this year as marriage parties, event planners and other customers cancelled because of the widening - pandemic. "In the beginning, everything was dead ~ every time the phone rang, it was a cancellation because we normally do larger events, like the Temecula Valley Balloon and Wine festival, and Orange International Street Fair in Orange County," he said.Nearly 100,000 U.S. children had tested positive for the coronavirus in the last two weeks of July, the American Academy of Pediatrics found last month. To mitigate those risks, mariy schools are experimenting with outdoor classrooms and dining halls in an effort to safely resume in-person learning. Big Top rented more than a dozen tents, some as large as 40 x 100 feet and costing up to $4,500 per month, to the Fullerton, California, school district. The tents will be used as a staging area for temperature checks:on students before they enter school buildings, as well as to.create outdoor learning and recreational areas. Nearby Cerritos College in Norwalk, California, also rented 50 x 80-foot tents to hold classes. "We have never done these kinds of ténts for schools before," said Duncan, noting that the company is also renting more to restaurants, churches and hospitals.Jim Mariano, who owns Backyard Tent Rental near Boston, Massachusetts, panicked in April when sales plummeted. Then schools, both public and private, started calling in droves. Coronavirus: The Race To Respond > FDA's new Trump calls on Live updates: Whistleblower vaccine Congress to White House Rick Bright guidance that pass COVID doctor says resigns from pushes rellef after Trump reports federal approval past calling off "no symptoms” government election negotiations "We have seen a massive uptick in business from school systemis in my area," he said. "I got inquiries from.20- plus school systems asking for anywhere from two to 20 small- to medium-size tents. They were all looking to go long-term for as long as weather will permit.""I went from complete full despair and panic to having the best year I have had in 13 years,” Mariano said. “Lwent from complete full despair and -panic fa having the best year | have had in 13 years,Jim Mariano, owner of Backyard Tent Rental in Massachusetts, said of surging schoo} deniand for tents. COURTESY OF Ji MARIANOTent makers also report seeing rising demand, particularly from schools. Anchor, one of the largest tent manufacturers in the country, has sold $14 million worth of tents since June, according to Justin Riat, vice president of sales. That includes a $1 million. order for roughly 50 tents from a Jewish school system in New York that plans to hold all of its classes outdoors this fall, Mariano estimated that about 80% of the company's orders have come from schools, with restaurants mostly accounting for the remaining spike in sales. "Never before were schools on our radar at all," he said. First published on September 7, 2020 / 12:51 PM © 2020 CBS Interactive Inc., All Rights Reserved,Cow dN DW BF WN bh NNN NR Fe Be Be Be se se Be Se BON =F SOC WMH DAH FF WN KF OS 25 26 27 28 PROOF OF SERVICE Peninsula Open Space Trust v. Redwood Trust Deed Services, et al. ‘San Mateo County Superior Court, No. 20-ClV-02349 | |, Tricia Lenox, hereby declare: | am employed in the County of Tuolumne; my business address is 32 N. Washington Street, Sonora, California 95370. | am over the age of 18 years and not a part to the foregoing action. On April 12, 2021, | served the foregoing NOTICE OF SUBSTITUTION OF SUCCESSOR TRUSTEE AS A PARTY, CONSENT BY SUCCESSOR TRUSTEE AND CONTINUING REPRESENTATION BY ATTORNEYS: | [© by first class mail on each of the parties as set forth below, in accordance with Code of Civil Procedure §1013(a), by placing a true copy thereof enclosed in a sealed envelope, with postage fully prepaid, in a designated area for outgoing mail. In the ordinary course of business at Dambacher, Trujillo & Russell, mail placed in that designated area is given the correct amount of postage and is deposited that same day in a United States mailbox in Sonora, California. CO by fax transmission on today's date on each of the parties as set forth below, in accordance with Code of Civil Procedure §1005(c).' No errors were reported by the fax machine that | used. [1 by electronic service on today’s date to the e-mail addresses of the parties as set forth below. | Parties served: For Plaintiff: | For Defendant Redwood Trust Deed Services: Tamara S. Galanter, Esq. Benjamin R. Levinson, Esq. Sara A. Clark, Esq. Law Office of Benjamin R. Levinson Shute, Mihaly & Weinberger 46 N. Second Street, Suite A 396 Hayes Street Campbell, California 95008 San Francisco, California 94102 Facsimile: (408) 866-2992 Facsimile: (415) 552-5816 Email: ben@benlevinsonlaw.com Email: galanter@smwlaw.com Email: clark@smwlaw.com For Defendant Ernest J. McNabb: For Cross-Defendants Maier and Hillcrest: Andrew J. Wiegel, Esq. William W. Hatcher, Jr., Esq. G. Ryan Patrick, Esq. Law Offices of William W. Hatcher Wiegel Law Group 114 Pierce Street 414 Gough Street, Suite 1 Santa Rosa, California 95404 San Francisco, California 94102 Facsimile: (707) 545-0220 Facsimile: none available Email: whatcher@sonic.net Email: andrew@wiegellawgroup.com Email:_ rvan@wieaellawaroup.com | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this document was executed on April 12, 2021, in Sonora, California. TRICIA LENOX