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HENAN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-23-2013 1:23 pm
Case Number: PES-89-176268
Filing Date: Apr-23-2013 1:22
Filed by: LARRISA DOTSON
Juke Box: 001 Image: 04028136
DECLARATION
EST. OF FRANCIS O'REILLY
001P04028136
Instructions:
Please place this sheet on top of the document to be scanned.Cy
Now
FILED
SUPERIOR COURT
“GUHTY OF SAN FRANCISCO
1|| M. Hope Acuivar, SBN 123444
Law OFFICE OF STEWART NEUVILLE 2019 APR 23 PM 1:21
2 11845 W. OLYMPIC BOULEVARD.
SUITE 1000W CLERK OF THE COURT
LOS ANGELES, CALIFORNIA 90064 7.
3 (310) 312-8100 rOC LG,
4 “ pePuty cLER®
5 || Attorneys for Petitioner/Trustee, DWIGHT PATRICK REILLY
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 FOR THE COUNTY OF SAN FRANCISCO
8
9||In re CASE NO.: PES-89-176268
[Assigned to the Hon. Mary E. Wiss]
10
ESTATE OF FRANCIS O’REILLY, REPLY DECLARATION OF M. HOPE
11 AGUILAR IN SUPPORT OF
PETITIONER’S PETITION TO ELIMINATE OR
12 Decedent. SUBSTANTIALLY REDUCE BOND.
DATE: April 29, 2013
TIME: 9:00 am
DEPT: 204 (Probate)
16|} Petitioner hereby submits this reply to the VERY LATE FILED! Response To Petition To Eliminate
17] Or Substantially Reduce Bond by alleged counsel’s contingent Remainderpeople. See Exhibit 3
18 || attached to the appended Declaration of M. Hope Aguilar.
DATED: April 22, 2013
'y for Trustee and Beneficiary
D. PATRICK REILLY
2
Byha Mr. Wise should have timely filed a response by last Tuesday, April 16, 2013.
1
Reply Declaration of M. Hope Aguilar re Petition to Reduce Bond
FILED B
Y FAXome YN DW Bw NR we
NN ND eB ee ea ea a a
BSR R&S SSRkSSRER RR ER HS oe
DECLARATION OF M. HOPE AGUILAR
I, M. Hope Aguilar, hereby declare:
Tam personally familiar with the following facts and, if called as a witness, I could and
would competently, truthfully testify to them. I am licensed to practice in the Northern, Southern,
Eastern and Central Districts of California. | am admitted to practice in the Ninth Circuit. The matters
stated in this Declaration are true, based on my own personal knowledge, except as to matters which
are stated to be on information and belief, and as to those matters, I believe them also to be true.
1. Attached as Exhibit 3 is a true, correct and complete copy of a letter from me to alleged
counsel for the contingent remainderpeople, wherein I agree to this Court issuing an order setting forth
that the Trustee (who already knows this) cannot sell the real estate without a prior Court order.
2. When I discussed the issue with Mr. Wise, he confirmed to me that his only real concern was
his own personal convenience relating to Petitioner’s request to change the venue. (He could easily
use Court Call as well.)
3. It is difficult, at best, to obtain a bond based ona $1 Million illusion. Insurers know that they
will never be required to pay out on an illusory bond (referred to as a “vapor bond” by one bonding
company), especially when the only current, non-contingent beneficiary is the Trustee — and when the
real estate is fully insured.
4, Nevertheless, out of pure animus, Mr. Wise would rather impose an incredibly harsh $1 Million
punishment on Mr. Reilly, and squeeze away his rights specifically granted under the Trust document.
I declare under penalty of perjury under the laws of the State of California that the
above facts and all statements are true and correct. Further, an executed photocopy or executed
facsimile copy or executed electronic copy with a digital signature or digitally-archived or
photographically archived copy of this Declaration shall have the same force and effect as an executed
original document.
I executed this Declaration in Los Angeles, California on April 22, 2012.
Declaration of M. Hope AguilarExhibit 3
Letter Dated April 19, 2013 From
M. Hope Aguilar to Richard H. WiseSTEWART J. NEUVILLE
scense i Attorney at Law 4
Califone & Nevada SUITE 1000 Giy3 ter i
11845 WEST OLYMPIC BLVD. :
LOS ANGELES, CALIFORNIA 90064-5024 t
(310) 352-8100
April 19, 2013 Via Fax: (415) 421-1024 :
Richard H. Wise Jr.
Law Office Richard H. Wise
220 Montgomery St., Suite 965
San Francisco, CA 94104
i joy ° _
RE: In re the Estate of Francis O'Reilly; Case No. PES-89-176268 / 1. Ofer tee A
Dear Richard:
Thank you for your nice letter of today’s date. I think we can indeed agree to an
Order. Here is my suggestion.
We agree to an Order which I will immediately record against the Trust’s Property, which I
provides: i
1. The property cannot be sold without a Court Order from any court of competent ;
jurisdiction; i
2. Once the Order is recorded, the bond is reduced to $60,000; and
3. You agree to the change of venue to Los Angeles.
I would love to avoid both hearings as well. As I have stated several times before; my
goal is keep our respective clients’ legal expenses down. It is my opinion that excessive races
to the court have cost the estate more than $200,000 because prior hearings took both Phil
Gunning’s - and your - eyes off the issue of potential capital gains when the last property was
sold. :
MHA:jv
cc: Stewart J. Neuville
fs
#04/19 13:52] 14154211024
| 2196 [TRANSMIT 1foK 00°28Se YN DH BF wWwN HK
NNDB ee ea a ea ea a
BS RREBSRERSSRERREERS te
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I, the undersigned, declare I am over the age of eighteen years and not a party to the within action or
proceeding. My business address is 11845 W. Olympic Boulevard, Suite 1000, Los Angeles, California, 90064.
On April 22, 2013, I served the within
REPLY DECLARATION OF M. HOPE AGUILAR IN SUPPORT OF
PETITIONER’S PETITION TO ELIMINATE OR SUBSTANTIALLY REDUCE BOND.
on interested parties to this action by:
x_| facsimile at the listed numbers; and/or by ] e-mail at the addresses listed, and/or by;
overnight courier and/or by ' [_] personal delivery and/or by [2] regular mail by placing
the original; [x ] true copy(ies), thereof enclosed in sealed envelopes [x ] addressed as
follows: fe] as addressed in the attached mailing list:
SEE ATTACHED LIST
BY MAIL [C.C.P. § 1013(a)] Iam readily familiar with the firm’s practice of collection and
processing correspondence for mailing with the U.S. Postal Service.
{"] BY FACSIMILE [C.R.C. Rule 2.306] The parties have agreed in writing to accept and receive service
by facsimile.
( BY EMAIL [C.R.C. Rule 2.260] The parties have either agreed in writing to accept and receive service
by email or have consented to such service by filing electronically with the court.
The document was transmitted by facsimile or email and the transmission was reported as complete and
without error by the transmitting device.
[] BY EXPRESS MAIL; FEDERAL EXPRESS; U.P.S. [C.C.P. § 1013(c)] Iam readily familiar with
the firm’s practice of collection and Processing correspondence for mailing with U.S. Postal Service
Express Mail, Federal Express or United Postal Service.
Under that practice it would be deposited on that same day with postage fully prepaid in Los Angeles,
California in the ordinary course of business. The envelope was sealed and placed for collection and mailing
on the date of execution set forth below following ordinary business practices.
Cy BY PERSONAL DELIVERY [C.C.P. § 1011(a)] I personally delivered such envelope(s) by hand to the
offices of the addressee(s).
I declare under penalty of perjury that the foregoing is true and correct,
Executed on April 22, 2013 at Los Angeles, California.
Sergio Quijano dpe
[Signature]w
a
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Contingent Remainderperson
Margaret Scully
Pallas
Beaufort
Killarney
Co. Kerry
IRELAND
Service by U.S. Mail
Contingent Remainderperson
Michael O'Reilly
Cloghoge, Swanlinbar,
County Cavan
IRELAND
Service by U.S. Mail
Contingent Remainderperson
Anita Fitzpatrick
89 Campbell Gordon Way
London, NW2 6RW, UK
Service by U.S. Mail
Contingent Remainderperson
Francis O'Reilly
Corrameen
Kinawley
Co. Fermanagh
N. IRELAND
Service by U.S. Mail
Counsel For Contingent Remainderpeople
Richard Wise, Esq.
220 Montgomery Street, Ste 965
San Francisco, CA 94104
Service by Facsimile only
Fax to Court Examiner
At Fax No. (415) 551-3651
Sandy Hilton, Probate Examiner
Contingent Remainderperson
Rosie McManus
Main Street
Swanlinbar, County Cavan
IRELAND
Service by U.S. Mail
Contingent Remainderperson
Pauric O'Reilly
Derrylin
Co. Fermanagh BT92,
Northern IRELAND
Service by U.S. Mail
Requested Special Notice
H.M. Vreeland & Son Insurance Agency
P.O. BOX 2628
Petaluma, CA 94953
Service by U.S. Mail
Preview
HENAN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-23-2013 1:23 pm Case Number: PES-89-176268 Filing Date: Apr-23-2013 1:22 Filed by: LARRISA DOTSON Juke Box: 001 Image: 04028136 DECLARATION EST. OF FRANCIS O'REILLY 001P04028136 Instructions: Please place this sheet on top of the document to be scanned.Cy Now FILED SUPERIOR COURT “GUHTY OF SAN FRANCISCO 1|| M. Hope Acuivar, SBN 123444 Law OFFICE OF STEWART NEUVILLE 2019 APR 23 PM 1:21 2 11845 W. OLYMPIC BOULEVARD. SUITE 1000W CLERK OF THE COURT LOS ANGELES, CALIFORNIA 90064 7. 3 (310) 312-8100 rOC LG, 4 “ pePuty cLER® 5 || Attorneys for Petitioner/Trustee, DWIGHT PATRICK REILLY 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF SAN FRANCISCO 8 9||In re CASE NO.: PES-89-176268 [Assigned to the Hon. Mary E. Wiss] 10 ESTATE OF FRANCIS O’REILLY, REPLY DECLARATION OF M. HOPE 11 AGUILAR IN SUPPORT OF PETITIONER’S PETITION TO ELIMINATE OR 12 Decedent. SUBSTANTIALLY REDUCE BOND. DATE: April 29, 2013 TIME: 9:00 am DEPT: 204 (Probate) 16|} Petitioner hereby submits this reply to the VERY LATE FILED! Response To Petition To Eliminate 17] Or Substantially Reduce Bond by alleged counsel’s contingent Remainderpeople. See Exhibit 3 18 || attached to the appended Declaration of M. Hope Aguilar. DATED: April 22, 2013 'y for Trustee and Beneficiary D. PATRICK REILLY 2 Byha Mr. Wise should have timely filed a response by last Tuesday, April 16, 2013. 1 Reply Declaration of M. Hope Aguilar re Petition to Reduce Bond FILED B Y FAXome YN DW Bw NR we NN ND eB ee ea ea a a BSR R&S SSRkSSRER RR ER HS oe DECLARATION OF M. HOPE AGUILAR I, M. Hope Aguilar, hereby declare: Tam personally familiar with the following facts and, if called as a witness, I could and would competently, truthfully testify to them. I am licensed to practice in the Northern, Southern, Eastern and Central Districts of California. | am admitted to practice in the Ninth Circuit. The matters stated in this Declaration are true, based on my own personal knowledge, except as to matters which are stated to be on information and belief, and as to those matters, I believe them also to be true. 1. Attached as Exhibit 3 is a true, correct and complete copy of a letter from me to alleged counsel for the contingent remainderpeople, wherein I agree to this Court issuing an order setting forth that the Trustee (who already knows this) cannot sell the real estate without a prior Court order. 2. When I discussed the issue with Mr. Wise, he confirmed to me that his only real concern was his own personal convenience relating to Petitioner’s request to change the venue. (He could easily use Court Call as well.) 3. It is difficult, at best, to obtain a bond based ona $1 Million illusion. Insurers know that they will never be required to pay out on an illusory bond (referred to as a “vapor bond” by one bonding company), especially when the only current, non-contingent beneficiary is the Trustee — and when the real estate is fully insured. 4, Nevertheless, out of pure animus, Mr. Wise would rather impose an incredibly harsh $1 Million punishment on Mr. Reilly, and squeeze away his rights specifically granted under the Trust document. I declare under penalty of perjury under the laws of the State of California that the above facts and all statements are true and correct. Further, an executed photocopy or executed facsimile copy or executed electronic copy with a digital signature or digitally-archived or photographically archived copy of this Declaration shall have the same force and effect as an executed original document. I executed this Declaration in Los Angeles, California on April 22, 2012. Declaration of M. Hope AguilarExhibit 3 Letter Dated April 19, 2013 From M. Hope Aguilar to Richard H. WiseSTEWART J. NEUVILLE scense i Attorney at Law 4 Califone & Nevada SUITE 1000 Giy3 ter i 11845 WEST OLYMPIC BLVD. : LOS ANGELES, CALIFORNIA 90064-5024 t (310) 352-8100 April 19, 2013 Via Fax: (415) 421-1024 : Richard H. Wise Jr. Law Office Richard H. Wise 220 Montgomery St., Suite 965 San Francisco, CA 94104 i joy ° _ RE: In re the Estate of Francis O'Reilly; Case No. PES-89-176268 / 1. Ofer tee A Dear Richard: Thank you for your nice letter of today’s date. I think we can indeed agree to an Order. Here is my suggestion. We agree to an Order which I will immediately record against the Trust’s Property, which I provides: i 1. The property cannot be sold without a Court Order from any court of competent ; jurisdiction; i 2. Once the Order is recorded, the bond is reduced to $60,000; and 3. You agree to the change of venue to Los Angeles. I would love to avoid both hearings as well. As I have stated several times before; my goal is keep our respective clients’ legal expenses down. It is my opinion that excessive races to the court have cost the estate more than $200,000 because prior hearings took both Phil Gunning’s - and your - eyes off the issue of potential capital gains when the last property was sold. : MHA:jv cc: Stewart J. Neuville fs #04/19 13:52] 14154211024 | 2196 [TRANSMIT 1foK 00°28Se YN DH BF wWwN HK NNDB ee ea a ea ea a BS RREBSRERSSRERREERS te PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, the undersigned, declare I am over the age of eighteen years and not a party to the within action or proceeding. My business address is 11845 W. Olympic Boulevard, Suite 1000, Los Angeles, California, 90064. On April 22, 2013, I served the within REPLY DECLARATION OF M. HOPE AGUILAR IN SUPPORT OF PETITIONER’S PETITION TO ELIMINATE OR SUBSTANTIALLY REDUCE BOND. on interested parties to this action by: x_| facsimile at the listed numbers; and/or by ] e-mail at the addresses listed, and/or by; overnight courier and/or by ' [_] personal delivery and/or by [2] regular mail by placing the original; [x ] true copy(ies), thereof enclosed in sealed envelopes [x ] addressed as follows: fe] as addressed in the attached mailing list: SEE ATTACHED LIST BY MAIL [C.C.P. § 1013(a)] Iam readily familiar with the firm’s practice of collection and processing correspondence for mailing with the U.S. Postal Service. {"] BY FACSIMILE [C.R.C. Rule 2.306] The parties have agreed in writing to accept and receive service by facsimile. ( BY EMAIL [C.R.C. Rule 2.260] The parties have either agreed in writing to accept and receive service by email or have consented to such service by filing electronically with the court. The document was transmitted by facsimile or email and the transmission was reported as complete and without error by the transmitting device. [] BY EXPRESS MAIL; FEDERAL EXPRESS; U.P.S. [C.C.P. § 1013(c)] Iam readily familiar with the firm’s practice of collection and Processing correspondence for mailing with U.S. Postal Service Express Mail, Federal Express or United Postal Service. Under that practice it would be deposited on that same day with postage fully prepaid in Los Angeles, California in the ordinary course of business. The envelope was sealed and placed for collection and mailing on the date of execution set forth below following ordinary business practices. Cy BY PERSONAL DELIVERY [C.C.P. § 1011(a)] I personally delivered such envelope(s) by hand to the offices of the addressee(s). I declare under penalty of perjury that the foregoing is true and correct, Executed on April 22, 2013 at Los Angeles, California. Sergio Quijano dpe [Signature]w a 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 Contingent Remainderperson Margaret Scully Pallas Beaufort Killarney Co. Kerry IRELAND Service by U.S. Mail Contingent Remainderperson Michael O'Reilly Cloghoge, Swanlinbar, County Cavan IRELAND Service by U.S. Mail Contingent Remainderperson Anita Fitzpatrick 89 Campbell Gordon Way London, NW2 6RW, UK Service by U.S. Mail Contingent Remainderperson Francis O'Reilly Corrameen Kinawley Co. Fermanagh N. IRELAND Service by U.S. Mail Counsel For Contingent Remainderpeople Richard Wise, Esq. 220 Montgomery Street, Ste 965 San Francisco, CA 94104 Service by Facsimile only Fax to Court Examiner At Fax No. (415) 551-3651 Sandy Hilton, Probate Examiner Contingent Remainderperson Rosie McManus Main Street Swanlinbar, County Cavan IRELAND Service by U.S. Mail Contingent Remainderperson Pauric O'Reilly Derrylin Co. Fermanagh BT92, Northern IRELAND Service by U.S. Mail Requested Special Notice H.M. Vreeland & Son Insurance Agency P.O. BOX 2628 Petaluma, CA 94953 Service by U.S. Mail