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Sen Francisca California 94111
SQUIRE PATTON BOGGS (US) LLP
275 Balter Street, Suite 2500
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Squire Patton Boggs (US) LLP
Victor M. Marquez (State Bar #151520)
victor.marquez@squirepb.co!
Neil E. Chan (State Bar #321864)
neil.chan@squirepb.com
275 Ba Street, Suite 2600
San Francisco, Califomia 94111
Telephone: +1 415 954.0200
Facsimile: +1 415 393 9887
Attomeys for Plaintiffs
Eduardo Paniagua and Elena Asturias
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
05/11/2021
Clerk of the Court
BY: RONNIE OTERO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
EDUARDO PANIAGUA and ELENA
ASTURIAS, individuals,,
Plaintiffs,
v.
MILESTONE FINANCIAL, LLC, a Califomia
corporation; BEAR BRUIN VENTURES,
INC., a Califomia Corporation; WILLIAM R.
STUART, an individual; CAROLYNT.
STUART, an individual; and DOES 1-100,
inclusive.,
Defendants.
Case No. CGC-18-571279
PLAINIIFFS’ REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
PLAINIIFFS’ OPPOSITION TO
DEFENDANTS’ DEMURRER
24, 2021
AM.
Date:
Time: 09:
Dept: 302
Date Action Filed: November 13, 2018
TO THE HONORABLE COURT AND COUNSEL(S) OF RECORD FOR
DEFENDANTS HEREIN:
Pursuant to Section 430.30 of the Califomia Code of Civil Procedure, sections 452
and 453 of the Califomia Evidence Code and Califomia Rules of Court, rules 3.1113() and
3.1306(c), Plaintiffs Eduardo Paniagua and Elena Asturias request that this Court take judicial
notice of the existence, legitimacy, and factual representations in the administrative proceedings
of the Califomia Department of Real Estate:
e EXHIBIT A: A conformed copy of the official record of the DRE entitled No. H-
6772 SAC, Accusation. In the Matter of the Accusation of: Bear Bruin Ventures,
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PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICESen Francisca California 94111
SQUIRE PATTON BOGGS (US) LLP
275 Balter Street, Suite 2500
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Inc., and Carolyn Tobiason Stuart, Respondents. As discussed further below,
judicial notice of this document is appropriate under Evidence Code Section 452,
subdivision (c) and (h) because it constitutes an official act of a public agency and
is not reasonably subject to dispute.
e EXHIBIT B: A conformed copy of the official record of the DRE entitled DRE
No. H-6772 SAC, Office of Administrative Hearings No. 2019050479, Order
Accepting Voluntary Surrender of Real Estate License. In the Matter of the
Accusation of: Bear Bruin Ventures, Inc., and Carolyn Tobiason Stuart,
Respondents. As discussed further below, judicial notice of this document is
appropriate under Evidence Code Section 452, subdivision (c) and (h) because it
constitutes an official act of a public agency and is not reasonably subject to
dispute.
e EXHIBIT C: A true and correct copy of a document submitted by Defendants in
their Reply Brief In Support Of Defendants Petition to Compel Arbitration. The
document was also submitted to the Court of Appeal as part of the Clerk’s
Transcript. Plaintiffs request that this Court take judicial notice of the document
as evidence submitted in a prior proceeding in this Court.
The Accusation and Surrender may be judicially noticed as an official act of an executive
department of the Califomia State Govemment. (Cal. Evid. Code § 452(c); See Harris v.
Alcoholic Beverage Control Appeals Bd. (1965) 62 Cal.2d 589, 595.)
Exhibit A is an official charging document issued by the DRE, setting forth the allegations
and information upon which the DRE based its Accusation, including violation of Califomia
Business & Professions Code Section 10166.02(b) requiring a Mortgage Loan Originator license
endorsement.
Exhibit B is an official act by the DRE, in comnection with its enforcement action, to
accept the voluntary surrender of real estate license from Defendants Bear Bruin Ventures, Inc.
dba “Milestone Financial” and “Page Mill Funding,” and Carolyn Tobiason Stuart.
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PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICESen Francisca California 94111
SQUIRE PATTON BOGGS (US) LLP
275 Balter Street, Suite 2500
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The documents are not reasonably subject to dispute and are capable of immediate and
accurate determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code
§ 452(h).)
For the foregoing reasons and authority, Plaintiffs respectfully request that the Court take
judicial notice of the aforementioned documents and the operative facts contained therein.
Dated: May 11, 2021 Squire Patton Boggs (US) LLP
By: i, clon MW
Victor M. Margues
Attomeys for Plaintiffs
EDUARDO PANIAGUA and ELENA
ASTURIAS
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PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICEEXHIBIT AXY HD wA BF WwW Ww
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JASON D. LAZARK, Counsel (SBN 263714)
Department of Real Estate J =
P. O. Box 137007 F | LED
Sacramento, CA 95813-7007
APR 2 4 2019
Telephone: (916) 263-8670
DEPART!
(916) 576-7843 (Direct) By MENT OF REAL ESTATE
BEFORE THE DEPARTMENT OF REAL ESTATE
STATE OF CALIFORNIA
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In the Matter of the Accusation of: ) NO. H-6772 SAC
)
BEAR BRUIN VENTURES INC., ) ACCUSATION
CAROLYN TOBIASON STUART, )
)
Respondents. )
)
The Complainant, CHIKA SUNQUIST, acting in her official capacity asa
Supervising Special Investigator of the State of California, for cause of Accusation against
BEAR BRUIN VENTURES INC. (“BEAR BRUIN”), and CAROLYN TOBIASON STUART
STUART”), (collectively referred to herein as “Respondents”), is informed and alleges as
follows:
1.
Respondents are presently licensed and/or have license rights under the Real
Estate Law, Part 1 of Division 4 of the Business and Professions Code (“Code”).
2.
At all times mentioned herein, BEAR BRUIN was and is licensed by the State of
California, Department of Real Estate (“Department”) as a real estate broker corporation
operating under the fictitious business names “Milestone Financial” and “Page Mili Funding.”
At no time mentioned herein was BEAR BRUIN licensed as a mortgage loan originator.
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At all times mentioned herein, STEWART was and is licensed by the Department
as areal estate broker. At all relevant times, STEWART was the designated broker officer of
BEAR BRUIN. As the designated officer-broker, STEWART was responsible, pursuant to
Section 10159.2 of the Code, for the supervision of the activities of the officers, agents, real
estate licensees, and employees of BEAR BRUIN. At no time mentioned herein was STEWART
licensed as a mortgage loan originator.
4,
At all times mentioned herein, Respondents engaged in the business of, acted in
the capacity of, advertised, or assumed to act as real estate licensees, in the State of California, onl
behalf of others, for compensation or in expectation of compensation, within the meaning of:
Section 10131(d) of the Code, including the operation and conduct of real estate
business with the public wherein Respondents collected payments or performed services for
borrowers or lenders or note owners in connection with loans secured directly or collaterally by
liens on real property or on business opportunities; and/or
Section 10131.1 of the Code, including the operation and conduct of a real estate
business with the public wherein Respondents engaged as a principal in the business of making
loans or buying from, selling to, or exchanging with the public, real property sales contracts or
promissory notes secured directly or collaterally by liens on real property, or who make
agreements with the public for the collection of payments or for the performance of services in
connection with real property sales contracts or promissory notes secured directly or collaterally
by liens on real property.
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COUNT ONE
FAILURE TO PRODUCE RECORDS
(As to Respondents BEAR BRUIN and STUART)
5.
Each and every allegation contained above in Paragraphs | through 4, inclusive, is
incorporated by this reference as if fully set forth herein.
6.
On October 3, 2017, the Department issued a Subpoena Duces Tecum
(Subpoena”) to BEAR BRUIN requesting BEAR BRUIN allow the Department to inspect and
copy, pursuant to Sections 11181 and 11182 of the Government Code, and Sections 10148 and
10071 of the Business and Professions Code, all loan transaction documents kept and maintained
by BEAR BRUIN, regarding loans arranged by BEAR BRUIN within the past three years of the
date of the Subpoena. The Department’s subpoena requested the follows:
“Complete copies and/or originals of all loan transaction
documents, wherein the loan was secured by real property ora
business opportunity, relating to all loans originated, arranged,
funded, negotiated, or closed on, by, through or on behalf of BEAR
BRUIN VENTURES INC, and/or its affiliates, including but not
limited to MILESTONE FINANCIAL and PAGE MILL
FUNDING or fictitious business names, within the past three years
of the date of this Subpoena Duces Tecum. Documents should
include but not be limited to broker files, agent files, disclosures,
e-mails, faxes, title reports, title documents, escrow documents,
copies of broker checks, loan documentation, borrower
information, investor information, lender information, loan rate
lock and rate lock extensions documentation, and any other
documentation pertinent to the transaction.”
7.
On November 10, 2017, in response to the Department’s Subpoena, the
Department received from Respondents’ attorney, Dennis Doss, who was acting on behalf of
Respondents’, four mortgage loan transaction files in which BEAR BRUIN was involved.
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8.
In addition to the four mortgage transaction files pertaining to BEAR BRUIN, as
discussed above in Paragraph 7, BEAR BRUIN was also involved in originating, funding,
negotiating and/or closing the following loans within three years of the Department’s subpoena:
Loan Close | Property Address Borrower | Dept.
Date Notice
a. | 9/30/15 325 E. 169" Street, Carson, CA 90746 Cyphers _| 6/26/2018
b. | 10/5/2015 | 280 Emerystone, San Rafael, CA, 94903 Spina 4/30/2018
c._| 4/26/2016 1261 E. Millmont Street, Carson, CA 90746 _| Hill 6/28/2018
d._| 5/13/2016 _| 9725 South 7" Ave., Inglewood, CA 90305 | Merrick _ | 6/18/2018
e. | 7/13/2016 | 3992 Lugo Ave., Lynwood, CA 90262 Guiterrez | 12/29/2018
£ | 8/15/2016 1220 East 74" Street, Los Angeles, CA Davis 6/28/2018
90001
g. | 10/10/2016 | 25560 Margaret Ave. Moreno Valley, CA McGlover | 6/22/2018
90302
h. | 10/7/2016 | 4050 Camino de la Cumbre, Sherman Oaks, | Vovk 6/28/2018
CA 91423
i | 7/20/2017 227 South Gregory St. San Diego, CA 92113 | Wooten 1/2/2019
9.
Respondents failed to provide the Department, pursuant to the Subpoena, with am
documents related to the loans described above in Paragraph 8.
10.
The acts and/or omissions of Respondents, as alleged above in Paragraphs 5
through 9, are grounds for the revocation or suspension of Respondents’ real estate licenses or
license rights under Sections 10148(e), 10177(d), and/or 10177(j) of the Code.
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The representations, actions and/or omissions made by Respondents, as set forth
above in Paragraphs 5 through 10, were substantially fraudulent, misleading, dishonest and
deceitful, and were known by Respondents to be substantially fraudulent, misleading, dishonest
and deceitful at the time that Respondents answered the Department’s Subpoena.
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COUNT TWO
FAILURE TO SUBMIT BUSINESS ACTIVITY REPORTS
(As to Respondents BEAR BRUIN and STUART)
12.
Each and every allegation contained above in Paragraphs 1 through 11, inclusive,
is incorporated by this reference as if fully set forth herein.
13.
Pursuant to Section 10166.07 of the Code, a real estate broker who makes,
arranges, or services one or more loans in a calendar year that are secured by real property
containing one to four residential units, shall file a business activities report within 90 days after
the end of the broker's fiscal year.
14.
The transactions noted above in Paragraph 8(c) through 8(i) involved transactions
secured by real property containing one-to-four residential units.
15.
With respect to the transactions described above in Paragraph 8(c) through 8(i)
Respondents failed to submit an annual mortgage loan business activity report for the reporting
years 2017 and 2018 for the transactions described above in Paragraphs 8(c) through 8(i).
16.
The acts and/or omissions of Respondents, as alleged above in Paragraphs 12
through 15, are grounds for the revocation or suspension of Respondents’ real estate licenses or
license rights under Sections 10166.07 and 10177(d) of the Code.
Cc T THREE
FAILURE TO FILE THRESHOLD, QUARTERLY, AND ANNUAL REPORTS
(As to Respondents BEAR BRUIN and STUART)
17.
Each and every allegation contained above in Paragraphs 1 through 16, inclusive,
is incorporated by this reference as if fully set forth herein.
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18.
Pursuant to Section 10232 of the Code, every real estate broker performing
services pursuant to Section 10131 or 10131.1 of the Code who negotiates a combination of two
or more new loans and sales, or exchanges of existing promissory notes and real property sales
contract of an aggregate amount of more than $250,000 in any three successive months, shall
notify the Department of that fact, in writing, within 30 days after that determination is made.
19.
Pursuant to 10232.2 of the Code, a real estate broker who meets the criteria of
10232 of the Code shall annually file specified reports within 90 days after the end of the
broker’s fiscal year.
20.
Pursuant to 10232.25 of the Code, a real estate broker who meets the criteria of
10232 of the Code shall quarterly file specified reports within 30 days after the end of the
broker’s fiscal year.
21.
With respect to the transactions described above in Paragraph 8(c) and 8(d)
Respondents failed to report the required information to the Department pursuant to Sections
10232, 10232.2 and 10232.25 of the Code.
22.
The acts and/or omissions of Respondents, as alleged above in Paragraphs 17
through 21, are grounds for the revocation or suspension of Respondents’ real estate licenses or
license rights under Sections 10232(e), 10232.25(d), 10232.2(b), and 10177(d) of the Code.
COUNT FOUR
FAILURE TO OBTAIN MLO ENDORSEMENT
(As to Respondents BEAR BRUIN and STUART)
23.
Each and every allegation set forth above in Paragraphs 1 through 22, inclusive, is
incorporated by this reference as if fully set forth herein.
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24.
Respondents, on behalf of lender Milestone Financial LLC, engaged in the
business of a mortgage loan originator as defined by Section 10166.01(b)(1) of the Code, which
includes, but is not limited to, the conduct of mortgage loan brokerage activities with respect to
the transaction noted above in Paragraph 8(c), prior to obtaining a real estate license endorsement)
identifying that Respondents are licensed mortgage loan originators, in violation of Section
10166.02(b) of the Code.
25.
The acts and/or omissions of Respondents, on behalf of lender Milestone
Financial LLC, constitute grounds for the suspension or revocation of ail licenses and license
rights of Respondents, under Sections 10166.051 and 10177¢d) of the Code, in conjunction with
Section 10166.02(b) of the Code.
COUNT FIVE
FAILURE TO PROVIDE/KEEP REQUIRED DOCUMENTS
(As to Respondents BEAR BRUIN and STUART)
26.
Each and every allegation set forth above in Paragraphs | through 22, inclusive, is
incorporated by this reference as if fully set forth herein.
27.
Pursuant to 10232.3 of the Code, a real estate broker performing services on
behalf of a lender shall obtain a written investor suitability statement prior to the execution of the
loan.
28.
Pursuant to 10232.4 of the Code, a real estate broker performing services on
behalf of a lender shall provide a lender-purchaser disclosure statement to the lender prior to the
execution of the loan.
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Pursuant to 10232.45 of the Code, a real estate broker performing services on
behalf of a lender shal! obtain an investor questionnaire and maintain said investor questionnaire
for at least four years following the close of the loan.
30.
In the transactions noted above in paragraphs 8(c) through 8(h), Respondents, on
behalf of lender Milestone Financial LLC, failed to obtain the investor suitability statements,
failed to provide the lenders with the lender-purchaser disclosure statements, and failed to
maintain investor questionnaires for the subject transactions.
31.
In the transaction noted above in paragraph 8(i), Respondents, on behalf of lender
Thurman Investments Inc., failed to obtain the investor suitability statements, failed to provide
the lenders with the lender-purchaser disclosure statements, and failed to maintain investor
questionnaires for the subject transactions.
32.
The acts and/or omissions of Respondents, on behalf of lenders Milestone
Financial LLC and Thurman Investments Inc., constitute grounds for the suspension or
revocation of all licenses and license rights of Respondents under Sections 1232.3, 10232.4,
10232.45, and 10177(d) of the Code.
COUNT SIX
FAILURE TO SUPERVISE
(As to Respondent STUART Only)
33.
Each and every allegation in Paragraphs 1 through 32, inclusive, above, is
incorporated by this reference as if fully set forth herein.
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34,
STUART, as the designated officer of BEAR BRUIN, was required to exercise
reasonable supervision and control over the activities of BEAR BRUIN, its employees, and the
real estate activities being conducted by BEAR BRUIN.
35.
STUART failed to exercise reasonable supervision over the acts and/or omissions
of BEAR BRUIN and its employees, in such a manner as to allow the acts and/or omissions as
described above in the First through Fifth Causes of Action to occur, which constitutes cause for
the suspension or revocation of the license(s) and license rights of STUART under Sections
10177(d), 10177(g), 10177(h) and 10159.2 of the Code, in conjunction with Section 2725 of the
Regulations.
COST RECOVERY
36,
The acts and/or omissions of Respondent, as alleged above, entitle the
Department to reimbursement of the costs of its audits pursuant to Section 10148(b) of the
Code.
37.
Section 10106 of the Code provides, in pertinent part, that in any order issued in
resolution of a disciplinary proceeding before the Department, the Commissioner may request the|
Administrative Law Judge to direct a licensee found to have committed a violation of this part to
pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
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itWHEREFORE, Complainant prays that a hearing be conducted on the
allegations of this Accusation and that upon proof thereof, a decision be rendered revoking all
licenses and license rights of Respondent under the Real Estate Law (Part 1 of Division 4 of the
Business and Professions Code), for the cost of investigation and enforcement as permitted by
law, and for such other and further relief as may be proper under other provisions of law.
C2
CHIKA SUNQUIST
Supervising Special Investigator
Dated at Sacramento, California,
this 2M" day of Pro 2019.
DISCOVERY DEMAND
Pursuant to Sections 11507.6, et seq. of the Administrative Procedure Act, the
Department hereby makes demand for discovery pursuant to the guidelines set forth in the
Administrative Procedure Act. Failure to provide Discovery to the Department may result in the
exclusion of witnesses and documents at the hearing or other sanctions that the Office of
Administrative Hearings deems appropriate.
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FILED
NOV 05 2019
DEPARTMENT OF REAL ESTATE
By. &
BEFORE THE DEPARTMENT OF REAL ESTATE
STATE OF CALIFORNIA
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In the Matter of the Accusation of: )
) DRENo. H-6772 SAC
BEAR BRUIN VENTURES, INC., and )
CAROLYN TOBIASON STUART, ; OAH No, 2019050479
)
Respondents. )
ORDER ACCEPTING VOLUNTARY SURRENDER OF REAL ESTATE LICENSE
On April 24, 2019, an Accusation was filed in this matter against Respondents
BEAR BRUIN VENTURES, INC., and CAROLYN TOBIASON STUART (“Respondents”).
On October 18, 2019, Respondents petitioned the Commissioner to voluntarily
surrender their real estate corporation broker and designated broker officer licenses pursuant to
Section 10100.2 of the Business and Professions Code.
IT IS HEREBY ORDERED that Respondents CAROLYN TOBIASON STUART’s
and BEAR BRUIN VENTURES, INC.’s petition for voluntary surrender of their real estate broker
licenses is accepted as of the effective date of this Order as set forth below, based upon the
understanding and agreement expressed in Respondents’ Declarations dated October 18, 2019
(attached as Exhibit “A” hereto). Respondents’ license certificates and pocket cards shall be sent to
the below-listed address so that they reach the Department of Real Estate on or before the effective
date of this Order:n
DEPARTMENT OF REAL ESTATE
Attention: Licensing Flag Section
P. O. Box 137013
Sacramento, CA 95813-7013 NOV 26 2019
This Order shall become effective at 12 o'clock noon on
DATED: Octobe 31, 2014
DANIEL J. SANDRI
ACTING REAL ESTATE COMMISSIONER20
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Department of Real Estate
P.O, Box 137007
Sacramento, CA 95815-7007
Telephone: (916) 576-8700
BEFORE THE DEPARTMENT OF REAL ESTATE.
STATE OF CALIFORNIA
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In the Matter of the Accusation of; )
5 No. H-6772 SAC
BEAR BRUIN VENTURES, INC. AND ;
CAROLYN TOBIASON STUART, J
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Respondent, )
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VOLUNTARY SURRENDER DECLARATIONS:
On or about April 24, 2019, an Accusation was filed against BEAR BRUIN
VENTURES, INC, (“BEAR BRUIN”) and CAROLYN TOBIASON STUART (“STUART”)
(collectively “Respondents”), At all times herein mentioned, BEAR BRUIN was acting’and by
and through STUART.
In licu of proceeding in this matter in accordance with the provisions of the
Administrative Procedures Act (Government Code Sections 11400 et seq.), Respondents wish to
voluntarily surrender their respective real estate license(s) pursuant to Business and Professions
Code (“Code”) Section 10100.2.
Respondents understand that by voluntarily surrendering their respective real
estate license(s), Respondents’ respective real estate license(s) may only be reinstated pursuant to]
Section 11522 of the Government Code. Respondents further understand that by voluntarily
suttendering their respective real estate license(s) they agree to the following provisions:20
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DECLARATION OF CAROLYN TOBIASON STUART
1, At all times relevant to the Accusation in this matter, I was the
Designated Officer of BEAR BRUIN.
2. Tam currently licensed as a real estate broker, License No, 01877263.
3. The filing of this Declaration shall be deemed as my petition for the
voluntary surrender of my real estate broker license,
4. The filing of this Declaration shall be deemed to be an understanding
and agreement by me that I waive all rights Ihave to require the Commissioner to prove the
allegations contained in the Accusation filed on or about Aptil 24, 2019, Department Case No.
H-6772 SAC, at a hearing held in accordance with the provisions of the Administrative
Procedures Act (Government Code Sections 11400 ef seq.)
5. Lagree to waive other rights afforded to me in connection with the
hearing on Department Case No. H-6772 SAC, such as the right to discovery, the right to
present evidence in defense of the allegations made by the Department in the Accusation, and
the right to cross-examine witnesses.
6. Tagree that, upon acceptance by the Commissioner, as evidenced by the
appropriate Order, all affidavits and all relevant evidence obtained by the Department in this
niatter, and all allegations contained in the Accusation filed in Department Case No. H-6772
SAC, may be considered solely by the Department to be true and correct for the purpose of
deciding whether or not to grant re-liconsure of my real estate license pursuant to Section
11522 of the Government Code.-
7, Tagree that prior to, and only as a condition of a petition for reinstatement of
tay real estate broker license or a real estate salesperson license made pursuant to Government
Code section 11522 being granted, I will pay the Commissioner’s reasonable cost of the
investigation and enforcement that led to the disciplinary action in Department Case No. H-20
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6772 SAC. The amount of said costs is $9,184.94.
8. I declare under penalty of perjury, under the laws of the State of California,
that the above is true and correct and that J freely and voluntarily surrender iny real estate
broker license and all license tights attached thereto.
o- - ,
A (8 = CAROLYN TOBIASON STUART,
DATED Respondent
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DECLARATION OF BEAR BRUIN VENTURES, INC,
1, William Stuart is the President of BEAR BRUIN and is authorized to
sign this Declaration on behalf of BEAR BRUIN and legally bind BEAR BRUIN to the terms
and conditions contained herein.
2. BEAR BRUIN is currently licensed as a corporate real estate broker,
License No. 01893938,
3. The filing of this Declaration shall be deemed as BEAR BRUIN’S
petition for the voluntary surrender of its corporate real estate broker license.
4, The filing of this Declaration shall be deemed to be an understanding
and agreement by BEAR BRUIN that it waives all rights it has to require the Commissioner to
prove the allegations contained in the Accusation filed on or about April 24, 2019, in
Department Case No. H-6772 SAC, at a hearing held in accordance with the provisions of the
Administrative Procedures Act (Government Code Sections 11400 et seq.)
5. BEAR BRUIN agrees to waive other rights afforded to BEAR BRUIN in
connection with the hearing on Department Case No. H-6772 SAC, such as the right to
discovery, the right to present evidence in defense of the allegations made by the Department in
the Accusation, and the right to cross-examine witnesses,
6. BEAR BRUIN agrees that, upon acceptance by the Commissioner, as
evidenced by the appropriate Order, all affidavits and all relevant evidence obtained by the
Department in this matter, and ail allegations contained in the Accusation filed in Department
Case No. H-6772 SAC may be considered solely by the Department to be true and correct for
the purpose of deciding whether or not to grant re-licensure of BEAR BRUIN’S license
pursuant to Section 11522 of the Government Code.
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7, BEAR BRUIN agrees that prior to, and only as a condition ofa petition for
reinstatement made pursuant to Government Code section 11522 being granted, BEAR BRUIN
will pay the Commissioner’s reasonable cost of the investigation and enforcement that led to
the disciplinary action in Department Case No. H-6772 SAC, The amount of said costs is
$9,184.94
8. BEAR BRUIN declares under penalty of perjury, under the laws of the State
of California, that the above is true and correct and that BEAR BRUIN freely and voluntarily
surrenders its corporate real estate broker license and all license rights attached thereto,
le | ‘4 | Lo\4 BEAR BRUIN VENTURES, INC.
DATED Respondent
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President ‘EXHIBIT CPage Mill Funding
(CA DRE License #08193938)
4970 El Camino Real, Suite 230
Los Altos, CA 94022
800-391-0596
Date: February 6, 2014
To: Eric Ciaverelli
Blue Water Funding
512 Westline Drive, Suite 202
Alameda, CA 94501
From: Zoe Hamilton
Phone; 650-690-1473
Fax: 603-719-4786
Email: zhamilton@milestonefinancial.net
Subject: Eduardo Paniagua (“Borrower”)
1228 Fanston Avenue, San Francisco, CA 94122 (“Property”)
Milestone Financial LLC (“Lender”)
Dear Sir:
Thank for your inquiry to obtain financing for your client, the subject Borrower referenced above.
As we discussed, the referenced Lender only funds loans under the following general
guidelines:
1. Loans which are secured by real estate located in California.
2. Loans which are only for use as business, investment, non-consumer, and secured by
non owner-occupied property.
3. Loans which are not considered “covered”, “federally regulated” or a “Qualified
Mortgage”.
4. Loans which are arranged by California licensees approved by the Lender and the
State of California to process and close real estate loans under these general
guidelines,
Please have the Borrower select (initial) one of the offered loan programs, sign and return
the quote so we can process your loan.
Thank you,
Page Mill Funding
By, aa
Zoe Hamilton, Processor
File By Fax
7413-012590094 2019012509:52 Page 15 of 27 15 of 27
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Sen Francisca California 94111 SQUIRE PATTON BOGGS (US) LLP 275 Balter Street, Suite 2500 oO OAnN Do FF WN NNN NNNNN YN SPB BRB BBP BB Be Be SYN AaAaRK ANF FCOAANA AGAR HN SO Squire Patton Boggs (US) LLP Victor M. Marquez (State Bar #151520) victor.marquez@squirepb.co! Neil E. Chan (State Bar #321864) neil.chan@squirepb.com 275 Ba Street, Suite 2600 San Francisco, Califomia 94111 Telephone: +1 415 954.0200 Facsimile: +1 415 393 9887 Attomeys for Plaintiffs Eduardo Paniagua and Elena Asturias ELECTRONICALLY FILED Superior Court of California, County of San Francisco 05/11/2021 Clerk of the Court BY: RONNIE OTERO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO EDUARDO PANIAGUA and ELENA ASTURIAS, individuals,, Plaintiffs, v. MILESTONE FINANCIAL, LLC, a Califomia corporation; BEAR BRUIN VENTURES, INC., a Califomia Corporation; WILLIAM R. STUART, an individual; CAROLYNT. STUART, an individual; and DOES 1-100, inclusive., Defendants. Case No. CGC-18-571279 PLAINIIFFS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINIIFFS’ OPPOSITION TO DEFENDANTS’ DEMURRER 24, 2021 AM. Date: Time: 09: Dept: 302 Date Action Filed: November 13, 2018 TO THE HONORABLE COURT AND COUNSEL(S) OF RECORD FOR DEFENDANTS HEREIN: Pursuant to Section 430.30 of the Califomia Code of Civil Procedure, sections 452 and 453 of the Califomia Evidence Code and Califomia Rules of Court, rules 3.1113() and 3.1306(c), Plaintiffs Eduardo Paniagua and Elena Asturias request that this Court take judicial notice of the existence, legitimacy, and factual representations in the administrative proceedings of the Califomia Department of Real Estate: e EXHIBIT A: A conformed copy of the official record of the DRE entitled No. H- 6772 SAC, Accusation. In the Matter of the Accusation of: Bear Bruin Ventures, -1- PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICESen Francisca California 94111 SQUIRE PATTON BOGGS (US) LLP 275 Balter Street, Suite 2500 oO OAnN Do FF WN NNN NNNNN YN SPB BRB BBP BB Be Be SYN AaAaRK ANF FCOAANA AGAR HN SO Inc., and Carolyn Tobiason Stuart, Respondents. As discussed further below, judicial notice of this document is appropriate under Evidence Code Section 452, subdivision (c) and (h) because it constitutes an official act of a public agency and is not reasonably subject to dispute. e EXHIBIT B: A conformed copy of the official record of the DRE entitled DRE No. H-6772 SAC, Office of Administrative Hearings No. 2019050479, Order Accepting Voluntary Surrender of Real Estate License. In the Matter of the Accusation of: Bear Bruin Ventures, Inc., and Carolyn Tobiason Stuart, Respondents. As discussed further below, judicial notice of this document is appropriate under Evidence Code Section 452, subdivision (c) and (h) because it constitutes an official act of a public agency and is not reasonably subject to dispute. e EXHIBIT C: A true and correct copy of a document submitted by Defendants in their Reply Brief In Support Of Defendants Petition to Compel Arbitration. The document was also submitted to the Court of Appeal as part of the Clerk’s Transcript. Plaintiffs request that this Court take judicial notice of the document as evidence submitted in a prior proceeding in this Court. The Accusation and Surrender may be judicially noticed as an official act of an executive department of the Califomia State Govemment. (Cal. Evid. Code § 452(c); See Harris v. Alcoholic Beverage Control Appeals Bd. (1965) 62 Cal.2d 589, 595.) Exhibit A is an official charging document issued by the DRE, setting forth the allegations and information upon which the DRE based its Accusation, including violation of Califomia Business & Professions Code Section 10166.02(b) requiring a Mortgage Loan Originator license endorsement. Exhibit B is an official act by the DRE, in comnection with its enforcement action, to accept the voluntary surrender of real estate license from Defendants Bear Bruin Ventures, Inc. dba “Milestone Financial” and “Page Mill Funding,” and Carolyn Tobiason Stuart. -2- PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICESen Francisca California 94111 SQUIRE PATTON BOGGS (US) LLP 275 Balter Street, Suite 2500 oO OAnN Do FF WN NNN NNNNN YN SPB BRB BBP BB Be Be SYN AaAaRK ANF FCOAANA AGAR HN SO The documents are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code § 452(h).) For the foregoing reasons and authority, Plaintiffs respectfully request that the Court take judicial notice of the aforementioned documents and the operative facts contained therein. Dated: May 11, 2021 Squire Patton Boggs (US) LLP By: i, clon MW Victor M. Margues Attomeys for Plaintiffs EDUARDO PANIAGUA and ELENA ASTURIAS -3- PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICEEXHIBIT AXY HD wA BF WwW Ww co 10 M1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JASON D. LAZARK, Counsel (SBN 263714) Department of Real Estate J = P. O. Box 137007 F | LED Sacramento, CA 95813-7007 APR 2 4 2019 Telephone: (916) 263-8670 DEPART! (916) 576-7843 (Direct) By MENT OF REAL ESTATE BEFORE THE DEPARTMENT OF REAL ESTATE STATE OF CALIFORNIA ke In the Matter of the Accusation of: ) NO. H-6772 SAC ) BEAR BRUIN VENTURES INC., ) ACCUSATION CAROLYN TOBIASON STUART, ) ) Respondents. ) ) The Complainant, CHIKA SUNQUIST, acting in her official capacity asa Supervising Special Investigator of the State of California, for cause of Accusation against BEAR BRUIN VENTURES INC. (“BEAR BRUIN”), and CAROLYN TOBIASON STUART STUART”), (collectively referred to herein as “Respondents”), is informed and alleges as follows: 1. Respondents are presently licensed and/or have license rights under the Real Estate Law, Part 1 of Division 4 of the Business and Professions Code (“Code”). 2. At all times mentioned herein, BEAR BRUIN was and is licensed by the State of California, Department of Real Estate (“Department”) as a real estate broker corporation operating under the fictitious business names “Milestone Financial” and “Page Mili Funding.” At no time mentioned herein was BEAR BRUIN licensed as a mortgage loan originator. -il-wk ww NY No a 10 WW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 2 3. At all times mentioned herein, STEWART was and is licensed by the Department as areal estate broker. At all relevant times, STEWART was the designated broker officer of BEAR BRUIN. As the designated officer-broker, STEWART was responsible, pursuant to Section 10159.2 of the Code, for the supervision of the activities of the officers, agents, real estate licensees, and employees of BEAR BRUIN. At no time mentioned herein was STEWART licensed as a mortgage loan originator. 4, At all times mentioned herein, Respondents engaged in the business of, acted in the capacity of, advertised, or assumed to act as real estate licensees, in the State of California, onl behalf of others, for compensation or in expectation of compensation, within the meaning of: Section 10131(d) of the Code, including the operation and conduct of real estate business with the public wherein Respondents collected payments or performed services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by liens on real property or on business opportunities; and/or Section 10131.1 of the Code, including the operation and conduct of a real estate business with the public wherein Respondents engaged as a principal in the business of making loans or buying from, selling to, or exchanging with the public, real property sales contracts or promissory notes secured directly or collaterally by liens on real property, or who make agreements with the public for the collection of payments or for the performance of services in connection with real property sales contracts or promissory notes secured directly or collaterally by liens on real property. it MW Ml Mt if+ oOo OD Oo I DN A COUNT ONE FAILURE TO PRODUCE RECORDS (As to Respondents BEAR BRUIN and STUART) 5. Each and every allegation contained above in Paragraphs | through 4, inclusive, is incorporated by this reference as if fully set forth herein. 6. On October 3, 2017, the Department issued a Subpoena Duces Tecum (Subpoena”) to BEAR BRUIN requesting BEAR BRUIN allow the Department to inspect and copy, pursuant to Sections 11181 and 11182 of the Government Code, and Sections 10148 and 10071 of the Business and Professions Code, all loan transaction documents kept and maintained by BEAR BRUIN, regarding loans arranged by BEAR BRUIN within the past three years of the date of the Subpoena. The Department’s subpoena requested the follows: “Complete copies and/or originals of all loan transaction documents, wherein the loan was secured by real property ora business opportunity, relating to all loans originated, arranged, funded, negotiated, or closed on, by, through or on behalf of BEAR BRUIN VENTURES INC, and/or its affiliates, including but not limited to MILESTONE FINANCIAL and PAGE MILL FUNDING or fictitious business names, within the past three years of the date of this Subpoena Duces Tecum. Documents should include but not be limited to broker files, agent files, disclosures, e-mails, faxes, title reports, title documents, escrow documents, copies of broker checks, loan documentation, borrower information, investor information, lender information, loan rate lock and rate lock extensions documentation, and any other documentation pertinent to the transaction.” 7. On November 10, 2017, in response to the Department’s Subpoena, the Department received from Respondents’ attorney, Dennis Doss, who was acting on behalf of Respondents’, four mortgage loan transaction files in which BEAR BRUIN was involved. Mt UfRW Nh oD Ow It HW 10 1 12 13 14 15 16 17 18 19 20 al 22 8 24 25 26 7 8. In addition to the four mortgage transaction files pertaining to BEAR BRUIN, as discussed above in Paragraph 7, BEAR BRUIN was also involved in originating, funding, negotiating and/or closing the following loans within three years of the Department’s subpoena: Loan Close | Property Address Borrower | Dept. Date Notice a. | 9/30/15 325 E. 169" Street, Carson, CA 90746 Cyphers _| 6/26/2018 b. | 10/5/2015 | 280 Emerystone, San Rafael, CA, 94903 Spina 4/30/2018 c._| 4/26/2016 1261 E. Millmont Street, Carson, CA 90746 _| Hill 6/28/2018 d._| 5/13/2016 _| 9725 South 7" Ave., Inglewood, CA 90305 | Merrick _ | 6/18/2018 e. | 7/13/2016 | 3992 Lugo Ave., Lynwood, CA 90262 Guiterrez | 12/29/2018 £ | 8/15/2016 1220 East 74" Street, Los Angeles, CA Davis 6/28/2018 90001 g. | 10/10/2016 | 25560 Margaret Ave. Moreno Valley, CA McGlover | 6/22/2018 90302 h. | 10/7/2016 | 4050 Camino de la Cumbre, Sherman Oaks, | Vovk 6/28/2018 CA 91423 i | 7/20/2017 227 South Gregory St. San Diego, CA 92113 | Wooten 1/2/2019 9. Respondents failed to provide the Department, pursuant to the Subpoena, with am documents related to the loans described above in Paragraph 8. 10. The acts and/or omissions of Respondents, as alleged above in Paragraphs 5 through 9, are grounds for the revocation or suspension of Respondents’ real estate licenses or license rights under Sections 10148(e), 10177(d), and/or 10177(j) of the Code. il. The representations, actions and/or omissions made by Respondents, as set forth above in Paragraphs 5 through 10, were substantially fraudulent, misleading, dishonest and deceitful, and were known by Respondents to be substantially fraudulent, misleading, dishonest and deceitful at the time that Respondents answered the Department’s Subpoena. Hf Mtae COO TD WH 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNT TWO FAILURE TO SUBMIT BUSINESS ACTIVITY REPORTS (As to Respondents BEAR BRUIN and STUART) 12. Each and every allegation contained above in Paragraphs 1 through 11, inclusive, is incorporated by this reference as if fully set forth herein. 13. Pursuant to Section 10166.07 of the Code, a real estate broker who makes, arranges, or services one or more loans in a calendar year that are secured by real property containing one to four residential units, shall file a business activities report within 90 days after the end of the broker's fiscal year. 14. The transactions noted above in Paragraph 8(c) through 8(i) involved transactions secured by real property containing one-to-four residential units. 15. With respect to the transactions described above in Paragraph 8(c) through 8(i) Respondents failed to submit an annual mortgage loan business activity report for the reporting years 2017 and 2018 for the transactions described above in Paragraphs 8(c) through 8(i). 16. The acts and/or omissions of Respondents, as alleged above in Paragraphs 12 through 15, are grounds for the revocation or suspension of Respondents’ real estate licenses or license rights under Sections 10166.07 and 10177(d) of the Code. Cc T THREE FAILURE TO FILE THRESHOLD, QUARTERLY, AND ANNUAL REPORTS (As to Respondents BEAR BRUIN and STUART) 17. Each and every allegation contained above in Paragraphs 1 through 16, inclusive, is incorporated by this reference as if fully set forth herein. Ut10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18. Pursuant to Section 10232 of the Code, every real estate broker performing services pursuant to Section 10131 or 10131.1 of the Code who negotiates a combination of two or more new loans and sales, or exchanges of existing promissory notes and real property sales contract of an aggregate amount of more than $250,000 in any three successive months, shall notify the Department of that fact, in writing, within 30 days after that determination is made. 19. Pursuant to 10232.2 of the Code, a real estate broker who meets the criteria of 10232 of the Code shall annually file specified reports within 90 days after the end of the broker’s fiscal year. 20. Pursuant to 10232.25 of the Code, a real estate broker who meets the criteria of 10232 of the Code shall quarterly file specified reports within 30 days after the end of the broker’s fiscal year. 21. With respect to the transactions described above in Paragraph 8(c) and 8(d) Respondents failed to report the required information to the Department pursuant to Sections 10232, 10232.2 and 10232.25 of the Code. 22. The acts and/or omissions of Respondents, as alleged above in Paragraphs 17 through 21, are grounds for the revocation or suspension of Respondents’ real estate licenses or license rights under Sections 10232(e), 10232.25(d), 10232.2(b), and 10177(d) of the Code. COUNT FOUR FAILURE TO OBTAIN MLO ENDORSEMENT (As to Respondents BEAR BRUIN and STUART) 23. Each and every allegation set forth above in Paragraphs 1 through 22, inclusive, is incorporated by this reference as if fully set forth herein. -6-Com na aA 10 ir 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 24. Respondents, on behalf of lender Milestone Financial LLC, engaged in the business of a mortgage loan originator as defined by Section 10166.01(b)(1) of the Code, which includes, but is not limited to, the conduct of mortgage loan brokerage activities with respect to the transaction noted above in Paragraph 8(c), prior to obtaining a real estate license endorsement) identifying that Respondents are licensed mortgage loan originators, in violation of Section 10166.02(b) of the Code. 25. The acts and/or omissions of Respondents, on behalf of lender Milestone Financial LLC, constitute grounds for the suspension or revocation of ail licenses and license rights of Respondents, under Sections 10166.051 and 10177¢d) of the Code, in conjunction with Section 10166.02(b) of the Code. COUNT FIVE FAILURE TO PROVIDE/KEEP REQUIRED DOCUMENTS (As to Respondents BEAR BRUIN and STUART) 26. Each and every allegation set forth above in Paragraphs | through 22, inclusive, is incorporated by this reference as if fully set forth herein. 27. Pursuant to 10232.3 of the Code, a real estate broker performing services on behalf of a lender shall obtain a written investor suitability statement prior to the execution of the loan. 28. Pursuant to 10232.4 of the Code, a real estate broker performing services on behalf of a lender shall provide a lender-purchaser disclosure statement to the lender prior to the execution of the loan. it iif29. Pursuant to 10232.45 of the Code, a real estate broker performing services on behalf of a lender shal! obtain an investor questionnaire and maintain said investor questionnaire for at least four years following the close of the loan. 30. In the transactions noted above in paragraphs 8(c) through 8(h), Respondents, on behalf of lender Milestone Financial LLC, failed to obtain the investor suitability statements, failed to provide the lenders with the lender-purchaser disclosure statements, and failed to maintain investor questionnaires for the subject transactions. 31. In the transaction noted above in paragraph 8(i), Respondents, on behalf of lender Thurman Investments Inc., failed to obtain the investor suitability statements, failed to provide the lenders with the lender-purchaser disclosure statements, and failed to maintain investor questionnaires for the subject transactions. 32. The acts and/or omissions of Respondents, on behalf of lenders Milestone Financial LLC and Thurman Investments Inc., constitute grounds for the suspension or revocation of all licenses and license rights of Respondents under Sections 1232.3, 10232.4, 10232.45, and 10177(d) of the Code. COUNT SIX FAILURE TO SUPERVISE (As to Respondent STUART Only) 33. Each and every allegation in Paragraphs 1 through 32, inclusive, above, is incorporated by this reference as if fully set forth herein. Ut Wl MtA BF Bw N ao 10 11 12 13 14 15 16 17 18 19 20 ai 22 23 24 25 26 27 34, STUART, as the designated officer of BEAR BRUIN, was required to exercise reasonable supervision and control over the activities of BEAR BRUIN, its employees, and the real estate activities being conducted by BEAR BRUIN. 35. STUART failed to exercise reasonable supervision over the acts and/or omissions of BEAR BRUIN and its employees, in such a manner as to allow the acts and/or omissions as described above in the First through Fifth Causes of Action to occur, which constitutes cause for the suspension or revocation of the license(s) and license rights of STUART under Sections 10177(d), 10177(g), 10177(h) and 10159.2 of the Code, in conjunction with Section 2725 of the Regulations. COST RECOVERY 36, The acts and/or omissions of Respondent, as alleged above, entitle the Department to reimbursement of the costs of its audits pursuant to Section 10148(b) of the Code. 37. Section 10106 of the Code provides, in pertinent part, that in any order issued in resolution of a disciplinary proceeding before the Department, the Commissioner may request the| Administrative Law Judge to direct a licensee found to have committed a violation of this part to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. Mt Mf Mt My My itWHEREFORE, Complainant prays that a hearing be conducted on the allegations of this Accusation and that upon proof thereof, a decision be rendered revoking all licenses and license rights of Respondent under the Real Estate Law (Part 1 of Division 4 of the Business and Professions Code), for the cost of investigation and enforcement as permitted by law, and for such other and further relief as may be proper under other provisions of law. C2 CHIKA SUNQUIST Supervising Special Investigator Dated at Sacramento, California, this 2M" day of Pro 2019. DISCOVERY DEMAND Pursuant to Sections 11507.6, et seq. of the Administrative Procedure Act, the Department hereby makes demand for discovery pursuant to the guidelines set forth in the Administrative Procedure Act. Failure to provide Discovery to the Department may result in the exclusion of witnesses and documents at the hearing or other sanctions that the Office of Administrative Hearings deems appropriate. -10-EXHIBIT B20 21 22 23 24 25 26 27 FILED NOV 05 2019 DEPARTMENT OF REAL ESTATE By. & BEFORE THE DEPARTMENT OF REAL ESTATE STATE OF CALIFORNIA oe In the Matter of the Accusation of: ) ) DRENo. H-6772 SAC BEAR BRUIN VENTURES, INC., and ) CAROLYN TOBIASON STUART, ; OAH No, 2019050479 ) Respondents. ) ORDER ACCEPTING VOLUNTARY SURRENDER OF REAL ESTATE LICENSE On April 24, 2019, an Accusation was filed in this matter against Respondents BEAR BRUIN VENTURES, INC., and CAROLYN TOBIASON STUART (“Respondents”). On October 18, 2019, Respondents petitioned the Commissioner to voluntarily surrender their real estate corporation broker and designated broker officer licenses pursuant to Section 10100.2 of the Business and Professions Code. IT IS HEREBY ORDERED that Respondents CAROLYN TOBIASON STUART’s and BEAR BRUIN VENTURES, INC.’s petition for voluntary surrender of their real estate broker licenses is accepted as of the effective date of this Order as set forth below, based upon the understanding and agreement expressed in Respondents’ Declarations dated October 18, 2019 (attached as Exhibit “A” hereto). Respondents’ license certificates and pocket cards shall be sent to the below-listed address so that they reach the Department of Real Estate on or before the effective date of this Order:n DEPARTMENT OF REAL ESTATE Attention: Licensing Flag Section P. O. Box 137013 Sacramento, CA 95813-7013 NOV 26 2019 This Order shall become effective at 12 o'clock noon on DATED: Octobe 31, 2014 DANIEL J. SANDRI ACTING REAL ESTATE COMMISSIONER20 al 22 23 26 27 Department of Real Estate P.O, Box 137007 Sacramento, CA 95815-7007 Telephone: (916) 576-8700 BEFORE THE DEPARTMENT OF REAL ESTATE. STATE OF CALIFORNIA ae ok ok In the Matter of the Accusation of; ) 5 No. H-6772 SAC BEAR BRUIN VENTURES, INC. AND ; CAROLYN TOBIASON STUART, J ) Respondent, ) ) VOLUNTARY SURRENDER DECLARATIONS: On or about April 24, 2019, an Accusation was filed against BEAR BRUIN VENTURES, INC, (“BEAR BRUIN”) and CAROLYN TOBIASON STUART (“STUART”) (collectively “Respondents”), At all times herein mentioned, BEAR BRUIN was acting’and by and through STUART. In licu of proceeding in this matter in accordance with the provisions of the Administrative Procedures Act (Government Code Sections 11400 et seq.), Respondents wish to voluntarily surrender their respective real estate license(s) pursuant to Business and Professions Code (“Code”) Section 10100.2. Respondents understand that by voluntarily surrendering their respective real estate license(s), Respondents’ respective real estate license(s) may only be reinstated pursuant to] Section 11522 of the Government Code. Respondents further understand that by voluntarily suttendering their respective real estate license(s) they agree to the following provisions:20 a 22 24 25 26 27 DECLARATION OF CAROLYN TOBIASON STUART 1, At all times relevant to the Accusation in this matter, I was the Designated Officer of BEAR BRUIN. 2. Tam currently licensed as a real estate broker, License No, 01877263. 3. The filing of this Declaration shall be deemed as my petition for the voluntary surrender of my real estate broker license, 4. The filing of this Declaration shall be deemed to be an understanding and agreement by me that I waive all rights Ihave to require the Commissioner to prove the allegations contained in the Accusation filed on or about Aptil 24, 2019, Department Case No. H-6772 SAC, at a hearing held in accordance with the provisions of the Administrative Procedures Act (Government Code Sections 11400 ef seq.) 5. Lagree to waive other rights afforded to me in connection with the hearing on Department Case No. H-6772 SAC, such as the right to discovery, the right to present evidence in defense of the allegations made by the Department in the Accusation, and the right to cross-examine witnesses. 6. Tagree that, upon acceptance by the Commissioner, as evidenced by the appropriate Order, all affidavits and all relevant evidence obtained by the Department in this niatter, and all allegations contained in the Accusation filed in Department Case No. H-6772 SAC, may be considered solely by the Department to be true and correct for the purpose of deciding whether or not to grant re-liconsure of my real estate license pursuant to Section 11522 of the Government Code.- 7, Tagree that prior to, and only as a condition of a petition for reinstatement of tay real estate broker license or a real estate salesperson license made pursuant to Government Code section 11522 being granted, I will pay the Commissioner’s reasonable cost of the investigation and enforcement that led to the disciplinary action in Department Case No. H-20 a 22 23 24 25 26 27 6772 SAC. The amount of said costs is $9,184.94. 8. I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct and that J freely and voluntarily surrender iny real estate broker license and all license tights attached thereto. o- - , A (8 = CAROLYN TOBIASON STUART, DATED Respondent MW Hh “Mt Mt Mt Ml MW MW Mt M Wt MH Mf MW Mf Mf24 23 27 DECLARATION OF BEAR BRUIN VENTURES, INC, 1, William Stuart is the President of BEAR BRUIN and is authorized to sign this Declaration on behalf of BEAR BRUIN and legally bind BEAR BRUIN to the terms and conditions contained herein. 2. BEAR BRUIN is currently licensed as a corporate real estate broker, License No. 01893938, 3. The filing of this Declaration shall be deemed as BEAR BRUIN’S petition for the voluntary surrender of its corporate real estate broker license. 4, The filing of this Declaration shall be deemed to be an understanding and agreement by BEAR BRUIN that it waives all rights it has to require the Commissioner to prove the allegations contained in the Accusation filed on or about April 24, 2019, in Department Case No. H-6772 SAC, at a hearing held in accordance with the provisions of the Administrative Procedures Act (Government Code Sections 11400 et seq.) 5. BEAR BRUIN agrees to waive other rights afforded to BEAR BRUIN in connection with the hearing on Department Case No. H-6772 SAC, such as the right to discovery, the right to present evidence in defense of the allegations made by the Department in the Accusation, and the right to cross-examine witnesses, 6. BEAR BRUIN agrees that, upon acceptance by the Commissioner, as evidenced by the appropriate Order, all affidavits and all relevant evidence obtained by the Department in this matter, and ail allegations contained in the Accusation filed in Department Case No. H-6772 SAC may be considered solely by the Department to be true and correct for the purpose of deciding whether or not to grant re-licensure of BEAR BRUIN’S license pursuant to Section 11522 of the Government Code. Wi “Wt Mi20 ai 22 24 25 26 27 7, BEAR BRUIN agrees that prior to, and only as a condition ofa petition for reinstatement made pursuant to Government Code section 11522 being granted, BEAR BRUIN will pay the Commissioner’s reasonable cost of the investigation and enforcement that led to the disciplinary action in Department Case No. H-6772 SAC, The amount of said costs is $9,184.94 8. BEAR BRUIN declares under penalty of perjury, under the laws of the State of California, that the above is true and correct and that BEAR BRUIN freely and voluntarily surrenders its corporate real estate broker license and all license rights attached thereto, le | ‘4 | Lo\4 BEAR BRUIN VENTURES, INC. DATED Respondent t President ‘EXHIBIT CPage Mill Funding (CA DRE License #08193938) 4970 El Camino Real, Suite 230 Los Altos, CA 94022 800-391-0596 Date: February 6, 2014 To: Eric Ciaverelli Blue Water Funding 512 Westline Drive, Suite 202 Alameda, CA 94501 From: Zoe Hamilton Phone; 650-690-1473 Fax: 603-719-4786 Email: zhamilton@milestonefinancial.net Subject: Eduardo Paniagua (“Borrower”) 1228 Fanston Avenue, San Francisco, CA 94122 (“Property”) Milestone Financial LLC (“Lender”) Dear Sir: Thank for your inquiry to obtain financing for your client, the subject Borrower referenced above. As we discussed, the referenced Lender only funds loans under the following general guidelines: 1. Loans which are secured by real estate located in California. 2. Loans which are only for use as business, investment, non-consumer, and secured by non owner-occupied property. 3. Loans which are not considered “covered”, “federally regulated” or a “Qualified Mortgage”. 4. Loans which are arranged by California licensees approved by the Lender and the State of California to process and close real estate loans under these general guidelines, Please have the Borrower select (initial) one of the offered loan programs, sign and return the quote so we can process your loan. Thank you, Page Mill Funding By, aa Zoe Hamilton, Processor File By Fax 7413-012590094 2019012509:52 Page 15 of 27 15 of 27