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LAW OFFICES
PETERSON MARTIN REYNOLDS LLP
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P. Kurt Peterson (SBN 067123)
Joseph F. Charles (SBN 228456)
PETERSON MARTIN & REYNOLDS LLP
299 Third Street, Suite 200
Oakland, CA 94607
Telephone: (415) 399-2900
Facsimile: (415) 399-2930
Attorneys for Plaintiff
ANTHONY CHIAPELONE
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
05/30/2018
Clerk of the Court
BY:EDNALEEN ALEGRE
Deputy Clerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
ANTHONY CHIAPELONE,
Plaintiff,
vs.
STEVEN CHIAPELONE, and DOES |
through 50, inclusive,
Defendants.
CASE NO, CGC-17-562017
DECLARATION OF JOSEPH F.
CHARLES IN SUPPORT OF
APPLICATION FOR INTERLOCUTORY
JUDGMENT FOR PARTITION BY SALE
AND APPOINTMENT OF PARTITION
REFEREE [CCP 872.720(a)]
DATE: June 12, 2018
TIME: 9:30 a.m.
DEPT: 501
Action Filed: October 19, 2017
I, Joseph F. Charles, declare that the following is true and correct, and if called as a
witness, I could competently testify to the matters hereinafter set forth which are within my
personal knowledge. [ make this declaration in support of Plaintiff's Application for Default
Judgment in the above-referenced matter:
1. Tam an attorney licensed in the State of California to practice law and an attorney
employed with the law firm Peterson, Martin & Reynolds LLP, attorneys of record for
Plaintiff herein.
2. I conducted research regarding several potential partition referees and narrowed my search
to two (2) individuals whom we believe are imminently qualified to be appointed as the
Partition Referee in this matter:
a. Michael Pecherer, Esq. Mr. Pecherer is an attorney at law, licensed to practice
DECLARATION IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT1 law in the state of California since 1970. He is experienced in handling real
2 estate matters and has been appointed and retained as a Partition Referee in
3 over one hundred (100) cases in San Francisco, Alameda, Contra Costa, and
4 Solano counties. Attached hereto as Exhibit A is a true and correct copy of
5 Mr. Pecherer’s CV. Mr. Pecherer’s contact information is as follows:
6 Michael Percerer
7 Allied Brokers of California, Inc.
1280 Boulevard Way, #208
8 Walnut Creek, CA 94595
925-939-4242
9
3 10 b. Michael Kasolas obtained his BS in Business Administration-Accounting from
z 1 | San Jose State University in 1984, and became licensed as a California
g e 12 Certified Public Accountant 1992. Relevant to this application, over the course
oR
$2 13 of his career Mr. Kasolas has been appointed by various courts as Partition
z 5 z 14 | Referee, Probate Referee, Bankruptcy Trustee and Receiver. Attached hereto
ce
2 2 15 as Exhibit B is a true and correct copy of Mr. Kasolas’ CV. Mr. Kasolas’
g 16 contact information is below:
S
2 17
1B 1 Michael G. Kasolas, CPA
Michael Kasolas & Company
19 465 California Street, Suite 420
San Francisco, CA 94104
20 I declare under penalty of perjury under the laws of thé State of California that the
21 foregoing is true and correct. Executed this 30th day of May, 2018, at Orinda, California.
22
23
24
25
26
27
28
ae a 5
DECLARATION IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENTEXHIBIT “A”
EXHIBIT “A”MICHAEL S. PECHERER, Arrorney aT LAW AND REAL ESTATE BROKER
REFEREE IN PARTITION
24 Rio Vista, Orinda, CA 94563. Telephone: 925-386-0943; Cell: 925-518-7076
email: michael @pecherer.com
WORK HISTORY
Thave served as a referee in more than one hundred partition actions and as a receiver and Section 730 expert in many
matters involving real estate. [ have been appointed at the behest of trustees or courts to sel surplus or contested
real property. I have been a judicial arbitrator/mediator for the San Francisco Superior Court since 1982 and
have conducted numerous Private mediations. I have written extensively and lectured on partition litigation. I
am the moderator of sy i scoot which is the most active site in this area of the law. [ teach a
continuing education cr editc course on partition litigation. I no longer practice law to the public. I have had a BI
general contractor's license for more than thirty years,
EXPERIENCE
As an attorney, | handled a very broad range of matters including complex civil litigation, Chapter 11 bankruptcy,
commercial transactions of great variety, commercial and residential real estate transactions and disputes
including leasing and sales, mergers and acquisitions, and general business counseling. | am a member of the
Professional Standards Committee of the Contra Costa Association of Realtors. I have advised many attorneys
and judges on partition matters.
EDUCATION
Tam a cwn laude graduate of Columbia Law Schoot where ] was a Harlan Fiske Stone Honor Scholar, on the Dean’s
List, and a two year faculty assistant to Prof. Maurice Rosenberg, then Reporter to the Federal Rules
Committee, and to Prof. William Cary, former chairman of the SEC. I have an MBA from Columbia Graduate
School of Business in accounting and finance and a BS from the University of Michigan in chemistry and
biology. After law school, I clerked on the Second Federal Circuit for the Hon. Henry J. Friendly. [ have taken
continuing education classes throughout my career.
SKILLS
Suong negotiation skills.
Ability to manage complex real estate transactions including leasing and sales.
in depth understanding of security interests, real estate finance including construction, and permanent
financing, multi-level financing and leasing.
In depth knowledge of construction processes and techniques. Ability to read and understand plans and
engineering specifications.
Extensive experience with judicial and non-judicial arbitration and mediation.
Numerous appellate matters.
Judicial arbitrator for San Francisco Superior Court handling more than 100 disputes.
Private mediator for commercial, real estate and tort disputes,
Extensive litigation experience representing both plaintiff and defendant, jury and non-jury matters,
Highly computer literate with extensive Internet experience.
Broad general knowledge of business, science, computers, history, politics.
Working knowledge of Spanish and French, Extensive European and South East Asian travel experience.
PUBLICATIONS
MK KKK KKK KKK
“Which Remedy: Partition by Division or Partition by Sale?" 32 California Real Property Journal No. 4, 2014, Page
16.EXHIBIT “B”
EXHIBIT “B”Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Merchants Exchange Building
465 California Street, Suite 418
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE (415) 992-5806 FAX (415) 520-5443.
E-MAIL
Curriculum Vitae
May 2018
PROFESSIONAL EXPERIENCE:
September 1998-Present
California Probate Referee, Appointed by the Controller of the State of California, Probate
Referee, Superior Court of California, County of San Francisco,
November 1993-Present
Michael Kasolas & Company, Receiver, Partition Referee, Referee, Trustee, Real Estate,
Probate & Estate, Tax and Restructuring Services. State Court Receiver, Partition Referee, and Referee;
California Probate Referee; Chapter 7 & 11 Bankruptcy Trustee & Examiner; Plan Administrator and
Liquidating Trustee; Interim CEO; Successor and Special Trustee for private family trusts, San Francisco,
California, (Sole proprietorship prior to March 2009).
June 2002-Present
Court Appointed Receiver, Partition Referee, & Referee, Superior Court of California,
City & County of San Francisco, Alameda County, and Contra Costa County. Receiver, Referee
for partition of real property, and Referee for civil litigation and probate matters; Appointed by San
Francisco Superior Court Judge A. James Robertson, Judge Paul Alvarado, Judge Patrick J.
Mahoney, Judge Ellen Chaitin, Judge Emest Goldsmith, Judge Ronald Quidachay, Judge
Charles Crompton, Judge John K. Stewart, Judge Stephen Murphy; Alameda County Superior
Court Judge Gail Brewster Bercola, Judge Julia Spain; and Contra Costa County Superior Court
Judge Barbara Zuniga.
March Prese:
United States Bankruptcy Trustee, Appointment to the Panel of Chapter 7 Trustees for
the Northern District of California, Oakland Division (and formerly for the Eastern District of
California, Sacramento Division). Chapter 11 Trustee, Examiner, Plan Administrator and
Liquidating Trustee for the Northern & Eastern Districts of California.
November 2005-Present
Stevensen, Neal & Kasolas Realtors, Real estate brokerage services. Branch office owner and
Associate Broker, San Francisco and San Mateo Counties, California. Appointed or designated as
Realtor for partition of real property, receiverships and probate estates by San Francisco Superior Court
Judge Patrick J. Mahoney, Judge Ellen Chaitin, Judge Ronald Quidachay, Judge John K. Stewart, Judge
Stephen Murphy and Commissioner Sue Kaplan, San Mateo County Superior Court Judge Rosemary
Pfeiffer and Contra Costa County Superior Court Judge Barbara Zuniga.
March 2002 to December 2004
Chief Operating Officer and Chief Financial Officer, BrightTeam Software, LLC, software
manufacturer of data access and collaboration applications for corporate enterprises, San Francisco and
Los Gatos, California. Corporate Treasurer, member of board of directors and senior management team.
February 2000-January 2002
Vice President Operations and Treasurer, Namezero.com, Inc., provider of complete internet
domain name solutions, Los Gatos and Palo Alito, California. Member of senior management team.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
June 1996-March 2000
Senior Manager, Tax and Legal Consulting Services, PricewatarhouseCoopers, LLP,
Intemational Accounting and Consulting Firm, San Francisco, California. Member of the Western Region
Financial Services Industry Practice.
April 1995-May 1996
Chief Financial Officer, America’s Funding Source, Inc. (also known as LoanCity.com),
mortgage bank, Los Gatos, California. Corporate Treasurer and Secretary, and member of senior
management team.
November 1994-March 1995
Chief Financial Officer, Finet Holdings Corporation, mortgage brokerage company, Walnut
Creek, California. Corporate officer and member of senior management team. NasdaqSC trading
symbol, FNCM.
November 1993-No' jer 1
Business Assurance Manager, Coopers & Lybrand, LLP, international Accounting and
Consulting Firm, San Francisco and San Jose, California. Member of the San Francisco / Western
Region Banking Team and member of Coopers and Lybrand’s National Mortgage Banking Group.
October 1984-October 1993
Senior Manager, Abbott, Stringham & Lynch, CPA's, Campbell, California. Hired by the firm
as staff accountant and through promotions attained the level of Senior Manager.
EDUCATION:
« San Jose State University, BS Business Administration-Accounting, 1984
* San Jose State University, Minor, Cybernetic Systems, 1984
(Computer programming, systems, and logical thought processes)
© Hayward State University, Mortgage Banking Certificate Program, 1995
* Golden Gate University, Masters in Taxation program, selected courses 1996
PROFESSIONAL LICENSES AND MEMBERSHIPS:
Certified Public Accountant, California, License #62159, Issued 1992
Broker, California Department of Real Estate, License #00813036, issued 1985
American Institute of Certified Public Accountants, Member #015-47-675, 1992 to Present
American Institute of Certified Public Accountants, Chartered Global Management
Accountant, 2012 to Present
e California Society of Certified Public Accountants, Member #125892, 1992 to Present
* Califomia Probate Referees Association, September 1998 to Present
*® The Bar Association of San Francisco, January 2005 to Present
* — San Francisco Association of Realtors, June 2007 to Present
°
.
°
eeoe
The National Association of Bankruptcy Trustees, August 2010 to Present
Bay Area Chapter of the California Receivers Forum, January 2012 to Present
Bay Area Bankruptcy Forum: January 2013 to Present, Board of Directors, Past Treasurer,
Secretary, and current Vice President.
« Mortgage Bankers Association of America, 1993-2000
PUBLICATIONS:
* California Probate Referee Association, Chairperson and member of the Revision Committee
for the 2013, 2014, 2015 & 2017 editions of The Probate Referee Guide.
2Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
‘Continued)
COMMUNITY ACTIVITIES:
* — San Francisco Municipal Transportation Agency Director and Vice Chairman, City and
County of San Francisco, August 2002 to March 2007, appointed by the Honorable
Willie L. Brown, Mayor,
San Francisco Municipal Railway Trust Fund, Trustee, City & County of San Francisco &
TWU Local 250-A, January 2003 to March 2007.
* San Francisco Municipal Railway Improvement Fund, Trustee, City & County of San
Francisco & TWU Local 250-A, January 2003 to March 2007.
California Probate Referees Association, Board of Directors, 2001 to 2003.
* Metropolis of San Francisco, Council Member, Greek Orthodox Archdiocese of America,
1999 to 2003 and 2005 to 2008.
* St. Francis Wood Homes Association of San Francisco.
* President and Chairperson of the Board of Directors, 2002 and 2003.
* Vice President and member of the Board of Directors, 2000 and 2001.
* Chairperson, Streets and Traffic Committee, 1999 to 2001.
* San Francisco Department of Parking and Traffic Commissioner, City and County of San
Francisco, March 27, 2002 through June 30, 2002, appointed by the Honorable
Willie L. Brown, Mayor.
San Francisco District 7 Advisory Council Member and a Member of the Transportation and
Parking Committee, 2001 to 2007.
* Pedestrian Safety and Street Resurfacing Working Group Member, City and County of San
Francisco, Supervisorial District 7 representative, 2001 to 2002.
* — Traffic Calming Community Working Group Member, City and County of San Francisco, San
Francisco County Transportation Authority and Department of Parking and Traffic, 1999.
Santa Clara County Commissioner for the Silicon Valley Private industry Council / Federal
Job Training Partnership Act and Vice-Chairman of the Finance Committee. 1993 to 1996,
selected by the Honorable Ron Diridon, Sr., Supervisor and appointed by the Santa Clara
County Board of Supervisors.
* Parking Advisory Commissioner, City of San Jose, 1992 to 1994, appointed by the Honorable
Susan Hammer, Mayor.
* Campbell Golf Club Treasurer, 1992 to 1994.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
SELECTED LIST OF APPOINTMENTSU
1. Referee: ALBERT LIAN, PLAINTIFF vs. MICHAEL MUSIC, DEFENDANT
Case No. 313788
Superior Court of California, County of San Francisco ~ Judge Paul Alvarado
Appointed: March 28, 2002
Provided court with complex four part accounting, including the reconstruction of lost rents for 20 plus
year period for residential building, pursuant to CCP Sec, 639, San Francisco, CA.
2. Partition Referee: JOE TAPIA, PATRICIA TAPIA, MAX TAPIA, MARY CORTEZ, ELIZABETH PULIDO,
RICHARD TAPIA, PLAINTIFFS vs. FRANCISCA TAPIA de REYES, DEFENDANTS
Case No. CCG-01-402567
Superior Court of Califomia, County of San Francisco — Judge Paul Alvarado
Appointed: March 7, 2003
Sale of three unit residential building and distribution to the parties, San Francisco, CA.
3. Partition Referee, Receiver and Real Estate Broker: CHRISTOPHER PHILLIPPEOS, PLAINTIFF vs.
THOMAS PHILIPPEOS, STEVEN PHILIPPEOS, AND PETER PHILIPPEOS, DEFENDANTS
Case No. CGC-06-448582
Superior Court of California, County of San Francisco — Judge Patrick J. Mahoney, Judge Charlotte W.
Woolard and Judge Andrew Y. Cheng
Appointed: December 12, 2007
Took possession, managed and sold single family residential building, court accounting and final
distribution to the parties, San Francisco, CA.
4. Partition Referee, Receiver and Real Estate Broker: TERESA L. CHRISTENSEN, PLAINTIFF vs.
NANETTE G. SHAW, DEFENDANT
Case No. CO7-01011
Superior Court of California, County of Contra Costa — Judge Barbara Zuniga
Appointed: December 14, 2007
Took possession, managed, and sold single family residential building, court accounting and final
distribution to the parties, Pittsburg, CA.
5. Co-Trustee, Special Trustee and Successor Trustee: PRIVATE FAMILY TRUSTS
Private family trusts
Served: February 2009 to Present
Management and sale of multiple residential properties, including ten unit residential apartment building,
Oakland, CA, single family residential building, Bettendorf, lowa, and two Condominiums, Cupertino, CA
& Mt. View, CA, managed litigation, filed tax returns, performed accountings and distribution to the
parties, Cupertino, CA.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued)t)
6. United States Bankruptcy Trustee: Appointed by Office of the United States Trustee to the Eastern
District of California, as a Chapter 7 Panel Trustee, Sacramento, CA.
Appointed: March 20, 2009
Office of the United States Trustee
7. Real Estate Broker: The Probate Estate of SHIRLEY E. MINAKER
Case No. PR-117884
Appointed by Judge Rosemary Pfeiffer, Superior Court of California, County of San Mateo.
Appointed: September 21, 2009
Sold two unit residential building, San Francisco, CA.
8. Real Estate Broker: The Probate Estate of ANNA L. ASDRUBALE
Case No. PES-08-291950
Appointed by Commissioner Sue Kaplan, Superior Court of California, County of San Francisco.
Appointed: September 25, 2009
Sold single family residential building, San Francisco, CA.
9. Chapter 11 Examiner: CASCADE ACCEPTANCE CORPORATION, DEBTOR-IN-POSSESSION
Case No. 09-13960
US Bankruptcy Cour, Northern District California, Santa Rosa Division - Judge Alan Jaroslovsky
Appointed: February 18, 2010
Examination of books and records of debtor, investigation as to investments in numerous notes and
deeds of trust secured by real property throughout California and preparation of two extensive
investigative reports fo the court regarding findings and recommendations.
10. United States Bankruptcy Trustee: Appointed by Office of the United States Trustee to the Northern
District of California, as a Chapter 7 Panel Trustee, Oakland, CA.
Appointed: May 5, 2010 to present
Office of the United States Trustee
11. Chapter 11 Trustee: LARABEE LAND AND CATTLE TRUST, DEBTOR
Case No. 10-10347
US Bankruptcy Court, Northern District California, Santa Rosa Division - Judge Alan Jarosiovsky
Appointed: May 21, 2010
Sale of 1,200 plus acre ranch property, filed tax returns, administration of claims, report to the court and
distribution to creditors, Bridgeville, Humboldt County, CA.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2078
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued)t)
12.
13.
14,
15.
16.
Referee: The Estate of JOSEPH KOON LIM NG, DECEDENT
Case No, PES-07-28987
Superior Court of California, County of San Francisco ~ Judge A. James Robertson, ii
Appointed: December 13, 2010
Complex accounting for a large probate estate matter for multiple multi-family residential buildings and a
single family residential building, including, accountings and reports to the court, valuation services, and
distribution to the parties, San Francisco, CA.
Partition Referee and Real Estate Broker: DEBORAH BAKER-REYES, PLAINTIFF vs. PATRICIA
LYNNE BAKER, DEFENDANT
Case No. CGC-10-500355
Superior Court of California, County of San Francisco — Judge Ellen Chaitin, Judge Tomar Mason, and
Judge A. James Robertson, f!
Appointed: March 21, 2017
Sold two unit residential building, court accounting and distribution to the parties, San Francisco, CA.
Partition Referee: VIOLET FONG HOM, PLAINTIFF vs. CYNTHIA JONE FONG, GENEVIEVE JOAN
NG, DEFENDANTS
Case No. CGC-08-479044
Superior Court of California, County of San Francisco — Judge Ronald E. Quidachay
Appointed: November 1, 2017
Public sale of five unit residential building, court accounting and distribution to the parties, San Francisco,
CA.
Chapter 11 Trustee and Plan Administrator: ATMAN HOSPITALITY GROUP, INC., DEBTOR
Case No. 11-42576-B-11
US Bankruptcy Court, Eastern District of California, Sacramento Division - Judge Thomas Holman
Appointed: December 6, 2011
Chapter 11 Trustee; managed, operated and sold 120 unit hotel, spa, bar and restaurant, Anderson, CA,,
including filing of monthly operating reports, tax filings, formulation of Chapter 11 Plan of Liquidation and
adoption of Plan by court, Plan Administrator; sale of 36,000 sq. ft. Commercial / Hotel building site,
Merced, CA. Filed quarterly operating reports, filed tax returns, administration of claims, report to the
court and final distribution to creditors, Sacramento, CA.
Chapter 17 Trustee: KRISHAN CORPORATION, DEBTOR
Case No. 10-50824-SLJ
US Bankruptcy Court, Northern District of California, San Jose Division - Judge Stephen L. Johnson
Appointed: July 26, 2072
Managed, operated and sold 55 unit hotel, filed monthly operating reports, filed tax returns, administration
of claims, report to the court, and final distribution to creditors in full, San Jose, CA.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued)
17,
18.
19.
20.
21.
Partition Referee: LAU KWONG, PLAINTIFFS et al. vs. JENNIFER SHUK-HAN KWOK et al.,
DEFENDANTS
Case No. CGC-10-499028
Superior Court of California, County of San Francisco — Judge Emest Goldsmith
Appointed: August 22, 2012
Complex accounting for a large probate estate matter, including investigation and report to the court with
findings and recommendations. Report adopted by the court.
Chapter 11 and Chapter 7 Trustee: YOUSIF H. HALLOUM, DEBTOR
Case No. 12-21477-C-11
US Bankruptcy Court, Eastern District of California, Sacramento Division - Chief Judge Christopher Klein
Appointed: November 11, 2013
Chapter 11 Trustee: Appointment to solely negotiate terms for existing debt between bank and debtor.
Debtor would not accept terms, conversion of case to Chapter 7 recommended to court and court
adopted conversion. Chapter 7 Trustee; Marshal and liquidated assets, and sold commercial building
comprised of an ARCO Gas Station, convenience and liquor store, Subway Franchise, car wash and
parking lot, Filed monthly operating reports, filed tax returns, administration of claims, final report to the
court and distribution to creditors, Lodi, CA.
Chapter 11 Trustee: RAVINDER GILL, DEBTOR
Case No. 13-20833-D-11
US Bankruptcy Court, Eastern District of California, Sacramento Division — Judge Robert S. Bardwil
Appointed: January 31, 2014
Analyzed debtors financial reporting to the court and feasibility of a confirmation of a Chapter 11 plan for
the court. Recommended case to be converted or dismissed, case dismissed.
Referee: JIM KEHOE, JOHN KEHOE, MARY PETRIN, PLAINTIFFS vs. MICHAEL O'BRIEN & JOE
O'BRIEN, DEFENDANTS
Case No, CGC-12-520986
Superior Court of California, County of San Francisco - Judge Ernest Goldsmith
Appointed: March 7, 2014
Complex accounting for a partnership dissolution and report to the Court.
Chapter 11 Trustee: KULDIP SINGH & SATKAMALJIT BIRK, DEBTORS
Case No. 12-39655-C-11
US Bankruptcy Court, Eastern District California, Sacramento Division — Judge Christopher M. Klein
Appointed: May 12, 2014
Analyzed debtors financial reporting to the court and feasibility of a confirmation of a Chapter 11 plan for
the court. Recommended case to be converted or dismissed; case converted to Chapter 7.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2078
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued)
22.
23.
24.
25.
Successor Trustee: PRIVATE FAMILY TRUSTS
Private family trusts
Served: June 2014 to December 2015
Administration of three family trusts, including recovery of assets, filing tax returns, final administration
and distribution to beneficiaries, San Francisco, CA.
Receiver: WARREN CLAYTON STEPHENS, JR., INDIVIDUALLY AND AS TRUSTEE OF THE
WARREN C. STEPHENS FAMILY TRUST, AND ANNE FUGELSANG STEPHENS, AS TRUSTEE OF
THE WARREN C. STEPHENS FAMILY TRUST, PLAINTIFFS vs. WARREN CAPITAL CORPORATION
and WARREN EQUIPMENT FINANCE, INC,
Case no. CGC-14-543097
Superior Court of California, County of San Francisco — Judge Ernest Goldsmith
Appointed: December 9, 2014
Receivership for financial services investment company that operated as a Ponzi scheme, Marshal and,
liquidation of assets, servicing and collection of lease portfolio, negotiation of numerous settlements with
trade creditors, landiord and other creditors, management of complex litigation for the recovery of cash
assets from multiple life and Directors & Officers insurance policies, filing monthly Receiver reports, filing
tax returns, payments to creditors, court accounting and distributions to over 100 note holders.
Partition Referee; RAUL ARZATE, ADRIANA ARZATE, PLAINTIFFS vs. ARMANDO ARZATE, LUZ
ARZATE, WELLS FARGO HOME MORTGAGE, FIDELITY NATIONAL TITLE INSURANCE COMPANY,
DEFENDANTS
Case No. RG14711753
Superior Court of California, County of Alameda ~ Judge Gail Brewster Bercola
Appointed: March 10, 2015
Sale of two unit residential building, court accounting and distribution to the parties, Hayward, CA.
Partition Referee: RICARDO BROWN, PLAINTIFF vs. TAMAR BROWN, VICKI BROWN, BORODO
BROWN, DEFENDANTS
Case No. CGC-14-538129
Superior Court of Califomia, County of San Francisco - Judge Charles Crompton, Judge Harold Kahn
and Ronald E. Quidachay
Appointed: June 9, 2015
Sale of single family residential building, court accounting and distribution to the parties, San Francisco,
CA.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued)
26. Partition Referee and Real Estate Broker: RONALD L. MARTORANA, PLAINTIFF vs. ANTHONY J.
MARTORANA, JR., DEFENDANT
Case No. CGC-14-538782
Superior Court of California, County of San Francisco — Judge John K. Stewart and Judge Ronald E.
Quidachay
Appointed: July 17, 2015
Sold 55 unit apartment building, court accounting and distribution to the parties, San Francisco, CA.
27. Chapter 11 Liquidating Trust, Trustee: HASHFAST TECHNOLOGIES, LLC, ET AL, DEBTORS
Case No. 14-30725, (Jointly Administered with Hashfast, LLC, Case No. 14-30866)
US Bankruptcy Court, Northern District of California, San Francisco Division - Judge Dennis Montali
Appointed: June 4, 2015
Liquidating Trustee for a Bitcoin hardware manufacturer. Manage numerous complex litigation matters,
including avoidance actions and other causes of action, filing quarterly operating reports, filing tax returns,
administration of claims, and payments to creditors, San Francisco, CA.
28, Chapter 7 Trustee, and Class Action Administrator: FOX ORTEGA ENTERPRISES, INC. dba
PREMIER CRU, DEBTOR
Case No. 16-40050-WLJ
US Bankruptcy Court,, Northern District of California, Oakland Division - Judge William J. Lafferty
Appointed 1/08/2016
Marshal and liquidation of assets of a commercial retail and online wine distribution company that
operated as a Ponzi scheme. Maintained over 25,000 square feet of commercial retail, office and
warehouse buildings in Berkeley, California for the preservation and sale of 80,000 bottles of fine and rare
wines. Manage over 100 complex litigation matters, including avoidance actions, recovery of wine stored
in Europe and other causes of action. Negotiated mediated settlement to a 4,500 member Class Action
faw suit for claim to title of wine inventory. Employed nationally recognized claims administration agent,
filing of bi-monthly accounting reports, filing tax returns, administration of over 2,200 unsecured claims,
and on-going case administration. Class Action Administrator; Distribution to 4,500 class action members,
Oakland, CA.
29. Referee: MARTHA CURTIS, PLAINTIFF vs. IMOGENE B. GIELING, BRUCE E. KRELL AND PAMELA
KRELL, ET AL, DEFENDANTS
Case No. CGC-15-547656
Superior Court of California, County of San Francisco ~ Judge A. James Robertson, If
Appointed: November 7, 2016
Sate of seven unit residential apartment building, report to the court and final distribution to the parties,
San Francisco, CA.Michael G. Kasolas, CPA
CALIFORNIA PROBATE REFEREE
Curriculum Vitae
May 2018
(Continued)
SELECTED LIST OF APPOINTMENTS (Continued))
30.
31.
32.
33.
Referee and Real Estate Broker: INRE THE ESTATE OF ELEAZAR LACANIETA MARCELO, AKA
ELEZAR MARCELO, AKA ELEAZAR L. MARCELO, DECEASED
Case No. PES 16-299854
Superior Court of California, County of San Francisco — Judge Stephen M. Murphy and Judge Harold
Kahn
Appointed: Appointed May 1, 2017
Referee for analysis of secured fiens for report to the Court for the payment priority of secured liens, and
Real Estate Broker for the sale of single family residential building, San Francisco, CA.
Chapter 7 Trustee: LETICIA PEREZ, Case No. 16-43425-CN
US Bankruptcy Court, Northern District of California, Oakland Division ~ Judge Charles Novack
Appointed: August 3, 2017
Marshal and liquidation of assets, including the sale of three healthcare facilities; two senior assisted
living facilities and one skilled nursing facility, Berkeley, Pleasant Hill and Hayward, CA, administration
and settlement of claims, and on-going case administration, Oakland, CA.
Chapter 7 Trustee: FIFTH STREET LOFTS, LLC, Case No. 17-42303-RLE
US Bankruptcy Court, Northern District of California, Oakland Division — Chief Judge Roger L. Eframsky
Appointed: September 14, 2017
Marshal, liquidation and sale of assets, including the sale of a 10,000 square foot two story commercial
warehouse building and parking lot, administration and settlement of claims, and on-going case
administration, Oakland, CA.
Chapter 11 Liquidating Trust, Trustee: ROBERT BROWER, SR., Case No. 15-50801-MEH,
US Bankruptcy Court, Northern District of California, San Jose Division - Judge M. Elaine Hammond
Appointed: November 2, 2017
Liquidating Trustee for recovery of assets through the sale of real estate assets, avoidance actions and
other causes of action, and administration of claims, San Jose, CA.
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ANTHONY CHIAPELONE V. STEVEN CHIAPELONE
ALAMEDA COUNTY SUPERIOR COURT CASE NO. CGC-17-562017
PROOF OF SERVICE V:
I, MERYLE MISHKIN-TANK, declare under penalty of perjury that the following facts
are true and correct:
Tama citizen of the United States, over the age of eighteen years, and am not a party to or
interested in the within entitled cause. Iam an employee of PETERSON MARTIN &
REYNOLDS, LLP, and my business address is 299 Third Street, Suite 200, Oakland, California
94607.
On May 30, 2018, I served the following document(s) described as:
om NY DH FF WN
DECLARATION OF JOSEPH F. CHARLES IN SUPPORT OF APPLICATION FOR
19 | INTERLOCUTORY JUDGMENT FOR PARTITION BY SALE AND APPOINTMENT
OF PARTITION REFEREE [CCP 872.720(A)]
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on the following parties in this action by placing a true copy(ies) thereof enclosed in a sealed
12 | envelope addressed as follows:
B { Steven Chiapelone
| 1650 32nd Avenue
14 | San Francisco, CA 94122
15
16 1am “readily familiar” with this office's practice for collecting and depositing mail, and
that all correspondence and/or pleadings are deposited in the mail on the same day, and that the
WV document(s) served were placed for deposit in accordance with this office's practice, in a sealed
envelope with postage thereon fully prepaid, to be placed in the United States mail at Oakland,
18 | California. Executed on May 30, 2018, at Oakland, California. a
415-399-2000 FAX 415-399-2930.
_ZMERYLE MISHKIN-TANK
PROOF OF SERVICE 1
Preview
LAW OFFICES PETERSON MARTIN REYNOLDS LLP = p z= a DW BF WN P. Kurt Peterson (SBN 067123) Joseph F. Charles (SBN 228456) PETERSON MARTIN & REYNOLDS LLP 299 Third Street, Suite 200 Oakland, CA 94607 Telephone: (415) 399-2900 Facsimile: (415) 399-2930 Attorneys for Plaintiff ANTHONY CHIAPELONE ELECTRONICALLY FILED Superior Court of California, County of San Francisco 05/30/2018 Clerk of the Court BY:EDNALEEN ALEGRE Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ANTHONY CHIAPELONE, Plaintiff, vs. STEVEN CHIAPELONE, and DOES | through 50, inclusive, Defendants. CASE NO, CGC-17-562017 DECLARATION OF JOSEPH F. CHARLES IN SUPPORT OF APPLICATION FOR INTERLOCUTORY JUDGMENT FOR PARTITION BY SALE AND APPOINTMENT OF PARTITION REFEREE [CCP 872.720(a)] DATE: June 12, 2018 TIME: 9:30 a.m. DEPT: 501 Action Filed: October 19, 2017 I, Joseph F. Charles, declare that the following is true and correct, and if called as a witness, I could competently testify to the matters hereinafter set forth which are within my personal knowledge. [ make this declaration in support of Plaintiff's Application for Default Judgment in the above-referenced matter: 1. Tam an attorney licensed in the State of California to practice law and an attorney employed with the law firm Peterson, Martin & Reynolds LLP, attorneys of record for Plaintiff herein. 2. I conducted research regarding several potential partition referees and narrowed my search to two (2) individuals whom we believe are imminently qualified to be appointed as the Partition Referee in this matter: a. Michael Pecherer, Esq. Mr. Pecherer is an attorney at law, licensed to practice DECLARATION IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT1 law in the state of California since 1970. He is experienced in handling real 2 estate matters and has been appointed and retained as a Partition Referee in 3 over one hundred (100) cases in San Francisco, Alameda, Contra Costa, and 4 Solano counties. Attached hereto as Exhibit A is a true and correct copy of 5 Mr. Pecherer’s CV. Mr. Pecherer’s contact information is as follows: 6 Michael Percerer 7 Allied Brokers of California, Inc. 1280 Boulevard Way, #208 8 Walnut Creek, CA 94595 925-939-4242 9 3 10 b. Michael Kasolas obtained his BS in Business Administration-Accounting from z 1 | San Jose State University in 1984, and became licensed as a California g e 12 Certified Public Accountant 1992. Relevant to this application, over the course oR $2 13 of his career Mr. Kasolas has been appointed by various courts as Partition z 5 z 14 | Referee, Probate Referee, Bankruptcy Trustee and Receiver. Attached hereto ce 2 2 15 as Exhibit B is a true and correct copy of Mr. Kasolas’ CV. Mr. Kasolas’ g 16 contact information is below: S 2 17 1B 1 Michael G. Kasolas, CPA Michael Kasolas & Company 19 465 California Street, Suite 420 San Francisco, CA 94104 20 I declare under penalty of perjury under the laws of thé State of California that the 21 foregoing is true and correct. Executed this 30th day of May, 2018, at Orinda, California. 22 23 24 25 26 27 28 ae a 5 DECLARATION IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENTEXHIBIT “A” EXHIBIT “A”MICHAEL S. PECHERER, Arrorney aT LAW AND REAL ESTATE BROKER REFEREE IN PARTITION 24 Rio Vista, Orinda, CA 94563. Telephone: 925-386-0943; Cell: 925-518-7076 email: michael @pecherer.com WORK HISTORY Thave served as a referee in more than one hundred partition actions and as a receiver and Section 730 expert in many matters involving real estate. [ have been appointed at the behest of trustees or courts to sel surplus or contested real property. I have been a judicial arbitrator/mediator for the San Francisco Superior Court since 1982 and have conducted numerous Private mediations. I have written extensively and lectured on partition litigation. I am the moderator of sy i scoot which is the most active site in this area of the law. [ teach a continuing education cr editc course on partition litigation. I no longer practice law to the public. I have had a BI general contractor's license for more than thirty years, EXPERIENCE As an attorney, | handled a very broad range of matters including complex civil litigation, Chapter 11 bankruptcy, commercial transactions of great variety, commercial and residential real estate transactions and disputes including leasing and sales, mergers and acquisitions, and general business counseling. | am a member of the Professional Standards Committee of the Contra Costa Association of Realtors. I have advised many attorneys and judges on partition matters. EDUCATION Tam a cwn laude graduate of Columbia Law Schoot where ] was a Harlan Fiske Stone Honor Scholar, on the Dean’s List, and a two year faculty assistant to Prof. Maurice Rosenberg, then Reporter to the Federal Rules Committee, and to Prof. William Cary, former chairman of the SEC. I have an MBA from Columbia Graduate School of Business in accounting and finance and a BS from the University of Michigan in chemistry and biology. After law school, I clerked on the Second Federal Circuit for the Hon. Henry J. Friendly. [ have taken continuing education classes throughout my career. SKILLS Suong negotiation skills. Ability to manage complex real estate transactions including leasing and sales. in depth understanding of security interests, real estate finance including construction, and permanent financing, multi-level financing and leasing. In depth knowledge of construction processes and techniques. Ability to read and understand plans and engineering specifications. Extensive experience with judicial and non-judicial arbitration and mediation. Numerous appellate matters. Judicial arbitrator for San Francisco Superior Court handling more than 100 disputes. Private mediator for commercial, real estate and tort disputes, Extensive litigation experience representing both plaintiff and defendant, jury and non-jury matters, Highly computer literate with extensive Internet experience. Broad general knowledge of business, science, computers, history, politics. Working knowledge of Spanish and French, Extensive European and South East Asian travel experience. PUBLICATIONS MK KKK KKK KKK “Which Remedy: Partition by Division or Partition by Sale?" 32 California Real Property Journal No. 4, 2014, Page 16.EXHIBIT “B” EXHIBIT “B”Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Merchants Exchange Building 465 California Street, Suite 418 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE (415) 992-5806 FAX (415) 520-5443. E-MAIL Curriculum Vitae May 2018 PROFESSIONAL EXPERIENCE: September 1998-Present California Probate Referee, Appointed by the Controller of the State of California, Probate Referee, Superior Court of California, County of San Francisco, November 1993-Present Michael Kasolas & Company, Receiver, Partition Referee, Referee, Trustee, Real Estate, Probate & Estate, Tax and Restructuring Services. State Court Receiver, Partition Referee, and Referee; California Probate Referee; Chapter 7 & 11 Bankruptcy Trustee & Examiner; Plan Administrator and Liquidating Trustee; Interim CEO; Successor and Special Trustee for private family trusts, San Francisco, California, (Sole proprietorship prior to March 2009). June 2002-Present Court Appointed Receiver, Partition Referee, & Referee, Superior Court of California, City & County of San Francisco, Alameda County, and Contra Costa County. Receiver, Referee for partition of real property, and Referee for civil litigation and probate matters; Appointed by San Francisco Superior Court Judge A. James Robertson, Judge Paul Alvarado, Judge Patrick J. Mahoney, Judge Ellen Chaitin, Judge Emest Goldsmith, Judge Ronald Quidachay, Judge Charles Crompton, Judge John K. Stewart, Judge Stephen Murphy; Alameda County Superior Court Judge Gail Brewster Bercola, Judge Julia Spain; and Contra Costa County Superior Court Judge Barbara Zuniga. March Prese: United States Bankruptcy Trustee, Appointment to the Panel of Chapter 7 Trustees for the Northern District of California, Oakland Division (and formerly for the Eastern District of California, Sacramento Division). Chapter 11 Trustee, Examiner, Plan Administrator and Liquidating Trustee for the Northern & Eastern Districts of California. November 2005-Present Stevensen, Neal & Kasolas Realtors, Real estate brokerage services. Branch office owner and Associate Broker, San Francisco and San Mateo Counties, California. Appointed or designated as Realtor for partition of real property, receiverships and probate estates by San Francisco Superior Court Judge Patrick J. Mahoney, Judge Ellen Chaitin, Judge Ronald Quidachay, Judge John K. Stewart, Judge Stephen Murphy and Commissioner Sue Kaplan, San Mateo County Superior Court Judge Rosemary Pfeiffer and Contra Costa County Superior Court Judge Barbara Zuniga. March 2002 to December 2004 Chief Operating Officer and Chief Financial Officer, BrightTeam Software, LLC, software manufacturer of data access and collaboration applications for corporate enterprises, San Francisco and Los Gatos, California. Corporate Treasurer, member of board of directors and senior management team. February 2000-January 2002 Vice President Operations and Treasurer, Namezero.com, Inc., provider of complete internet domain name solutions, Los Gatos and Palo Alito, California. Member of senior management team.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) June 1996-March 2000 Senior Manager, Tax and Legal Consulting Services, PricewatarhouseCoopers, LLP, Intemational Accounting and Consulting Firm, San Francisco, California. Member of the Western Region Financial Services Industry Practice. April 1995-May 1996 Chief Financial Officer, America’s Funding Source, Inc. (also known as LoanCity.com), mortgage bank, Los Gatos, California. Corporate Treasurer and Secretary, and member of senior management team. November 1994-March 1995 Chief Financial Officer, Finet Holdings Corporation, mortgage brokerage company, Walnut Creek, California. Corporate officer and member of senior management team. NasdaqSC trading symbol, FNCM. November 1993-No' jer 1 Business Assurance Manager, Coopers & Lybrand, LLP, international Accounting and Consulting Firm, San Francisco and San Jose, California. Member of the San Francisco / Western Region Banking Team and member of Coopers and Lybrand’s National Mortgage Banking Group. October 1984-October 1993 Senior Manager, Abbott, Stringham & Lynch, CPA's, Campbell, California. Hired by the firm as staff accountant and through promotions attained the level of Senior Manager. EDUCATION: « San Jose State University, BS Business Administration-Accounting, 1984 * San Jose State University, Minor, Cybernetic Systems, 1984 (Computer programming, systems, and logical thought processes) © Hayward State University, Mortgage Banking Certificate Program, 1995 * Golden Gate University, Masters in Taxation program, selected courses 1996 PROFESSIONAL LICENSES AND MEMBERSHIPS: Certified Public Accountant, California, License #62159, Issued 1992 Broker, California Department of Real Estate, License #00813036, issued 1985 American Institute of Certified Public Accountants, Member #015-47-675, 1992 to Present American Institute of Certified Public Accountants, Chartered Global Management Accountant, 2012 to Present e California Society of Certified Public Accountants, Member #125892, 1992 to Present * Califomia Probate Referees Association, September 1998 to Present *® The Bar Association of San Francisco, January 2005 to Present * — San Francisco Association of Realtors, June 2007 to Present ° . ° eeoe The National Association of Bankruptcy Trustees, August 2010 to Present Bay Area Chapter of the California Receivers Forum, January 2012 to Present Bay Area Bankruptcy Forum: January 2013 to Present, Board of Directors, Past Treasurer, Secretary, and current Vice President. « Mortgage Bankers Association of America, 1993-2000 PUBLICATIONS: * California Probate Referee Association, Chairperson and member of the Revision Committee for the 2013, 2014, 2015 & 2017 editions of The Probate Referee Guide. 2Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 ‘Continued) COMMUNITY ACTIVITIES: * — San Francisco Municipal Transportation Agency Director and Vice Chairman, City and County of San Francisco, August 2002 to March 2007, appointed by the Honorable Willie L. Brown, Mayor, San Francisco Municipal Railway Trust Fund, Trustee, City & County of San Francisco & TWU Local 250-A, January 2003 to March 2007. * San Francisco Municipal Railway Improvement Fund, Trustee, City & County of San Francisco & TWU Local 250-A, January 2003 to March 2007. California Probate Referees Association, Board of Directors, 2001 to 2003. * Metropolis of San Francisco, Council Member, Greek Orthodox Archdiocese of America, 1999 to 2003 and 2005 to 2008. * St. Francis Wood Homes Association of San Francisco. * President and Chairperson of the Board of Directors, 2002 and 2003. * Vice President and member of the Board of Directors, 2000 and 2001. * Chairperson, Streets and Traffic Committee, 1999 to 2001. * San Francisco Department of Parking and Traffic Commissioner, City and County of San Francisco, March 27, 2002 through June 30, 2002, appointed by the Honorable Willie L. Brown, Mayor. San Francisco District 7 Advisory Council Member and a Member of the Transportation and Parking Committee, 2001 to 2007. * Pedestrian Safety and Street Resurfacing Working Group Member, City and County of San Francisco, Supervisorial District 7 representative, 2001 to 2002. * — Traffic Calming Community Working Group Member, City and County of San Francisco, San Francisco County Transportation Authority and Department of Parking and Traffic, 1999. Santa Clara County Commissioner for the Silicon Valley Private industry Council / Federal Job Training Partnership Act and Vice-Chairman of the Finance Committee. 1993 to 1996, selected by the Honorable Ron Diridon, Sr., Supervisor and appointed by the Santa Clara County Board of Supervisors. * Parking Advisory Commissioner, City of San Jose, 1992 to 1994, appointed by the Honorable Susan Hammer, Mayor. * Campbell Golf Club Treasurer, 1992 to 1994.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) SELECTED LIST OF APPOINTMENTSU 1. Referee: ALBERT LIAN, PLAINTIFF vs. MICHAEL MUSIC, DEFENDANT Case No. 313788 Superior Court of California, County of San Francisco ~ Judge Paul Alvarado Appointed: March 28, 2002 Provided court with complex four part accounting, including the reconstruction of lost rents for 20 plus year period for residential building, pursuant to CCP Sec, 639, San Francisco, CA. 2. Partition Referee: JOE TAPIA, PATRICIA TAPIA, MAX TAPIA, MARY CORTEZ, ELIZABETH PULIDO, RICHARD TAPIA, PLAINTIFFS vs. FRANCISCA TAPIA de REYES, DEFENDANTS Case No. CCG-01-402567 Superior Court of Califomia, County of San Francisco — Judge Paul Alvarado Appointed: March 7, 2003 Sale of three unit residential building and distribution to the parties, San Francisco, CA. 3. Partition Referee, Receiver and Real Estate Broker: CHRISTOPHER PHILLIPPEOS, PLAINTIFF vs. THOMAS PHILIPPEOS, STEVEN PHILIPPEOS, AND PETER PHILIPPEOS, DEFENDANTS Case No. CGC-06-448582 Superior Court of California, County of San Francisco — Judge Patrick J. Mahoney, Judge Charlotte W. Woolard and Judge Andrew Y. Cheng Appointed: December 12, 2007 Took possession, managed and sold single family residential building, court accounting and final distribution to the parties, San Francisco, CA. 4. Partition Referee, Receiver and Real Estate Broker: TERESA L. CHRISTENSEN, PLAINTIFF vs. NANETTE G. SHAW, DEFENDANT Case No. CO7-01011 Superior Court of California, County of Contra Costa — Judge Barbara Zuniga Appointed: December 14, 2007 Took possession, managed, and sold single family residential building, court accounting and final distribution to the parties, Pittsburg, CA. 5. Co-Trustee, Special Trustee and Successor Trustee: PRIVATE FAMILY TRUSTS Private family trusts Served: February 2009 to Present Management and sale of multiple residential properties, including ten unit residential apartment building, Oakland, CA, single family residential building, Bettendorf, lowa, and two Condominiums, Cupertino, CA & Mt. View, CA, managed litigation, filed tax returns, performed accountings and distribution to the parties, Cupertino, CA.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) SELECTED LIST OF APPOINTMENTS (Continued)t) 6. United States Bankruptcy Trustee: Appointed by Office of the United States Trustee to the Eastern District of California, as a Chapter 7 Panel Trustee, Sacramento, CA. Appointed: March 20, 2009 Office of the United States Trustee 7. Real Estate Broker: The Probate Estate of SHIRLEY E. MINAKER Case No. PR-117884 Appointed by Judge Rosemary Pfeiffer, Superior Court of California, County of San Mateo. Appointed: September 21, 2009 Sold two unit residential building, San Francisco, CA. 8. Real Estate Broker: The Probate Estate of ANNA L. ASDRUBALE Case No. PES-08-291950 Appointed by Commissioner Sue Kaplan, Superior Court of California, County of San Francisco. Appointed: September 25, 2009 Sold single family residential building, San Francisco, CA. 9. Chapter 11 Examiner: CASCADE ACCEPTANCE CORPORATION, DEBTOR-IN-POSSESSION Case No. 09-13960 US Bankruptcy Cour, Northern District California, Santa Rosa Division - Judge Alan Jaroslovsky Appointed: February 18, 2010 Examination of books and records of debtor, investigation as to investments in numerous notes and deeds of trust secured by real property throughout California and preparation of two extensive investigative reports fo the court regarding findings and recommendations. 10. United States Bankruptcy Trustee: Appointed by Office of the United States Trustee to the Northern District of California, as a Chapter 7 Panel Trustee, Oakland, CA. Appointed: May 5, 2010 to present Office of the United States Trustee 11. Chapter 11 Trustee: LARABEE LAND AND CATTLE TRUST, DEBTOR Case No. 10-10347 US Bankruptcy Court, Northern District California, Santa Rosa Division - Judge Alan Jarosiovsky Appointed: May 21, 2010 Sale of 1,200 plus acre ranch property, filed tax returns, administration of claims, report to the court and distribution to creditors, Bridgeville, Humboldt County, CA.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2078 (Continued) SELECTED LIST OF APPOINTMENTS (Continued)t) 12. 13. 14, 15. 16. Referee: The Estate of JOSEPH KOON LIM NG, DECEDENT Case No, PES-07-28987 Superior Court of California, County of San Francisco ~ Judge A. James Robertson, ii Appointed: December 13, 2010 Complex accounting for a large probate estate matter for multiple multi-family residential buildings and a single family residential building, including, accountings and reports to the court, valuation services, and distribution to the parties, San Francisco, CA. Partition Referee and Real Estate Broker: DEBORAH BAKER-REYES, PLAINTIFF vs. PATRICIA LYNNE BAKER, DEFENDANT Case No. CGC-10-500355 Superior Court of California, County of San Francisco — Judge Ellen Chaitin, Judge Tomar Mason, and Judge A. James Robertson, f! Appointed: March 21, 2017 Sold two unit residential building, court accounting and distribution to the parties, San Francisco, CA. Partition Referee: VIOLET FONG HOM, PLAINTIFF vs. CYNTHIA JONE FONG, GENEVIEVE JOAN NG, DEFENDANTS Case No. CGC-08-479044 Superior Court of California, County of San Francisco — Judge Ronald E. Quidachay Appointed: November 1, 2017 Public sale of five unit residential building, court accounting and distribution to the parties, San Francisco, CA. Chapter 11 Trustee and Plan Administrator: ATMAN HOSPITALITY GROUP, INC., DEBTOR Case No. 11-42576-B-11 US Bankruptcy Court, Eastern District of California, Sacramento Division - Judge Thomas Holman Appointed: December 6, 2011 Chapter 11 Trustee; managed, operated and sold 120 unit hotel, spa, bar and restaurant, Anderson, CA,, including filing of monthly operating reports, tax filings, formulation of Chapter 11 Plan of Liquidation and adoption of Plan by court, Plan Administrator; sale of 36,000 sq. ft. Commercial / Hotel building site, Merced, CA. Filed quarterly operating reports, filed tax returns, administration of claims, report to the court and final distribution to creditors, Sacramento, CA. Chapter 17 Trustee: KRISHAN CORPORATION, DEBTOR Case No. 10-50824-SLJ US Bankruptcy Court, Northern District of California, San Jose Division - Judge Stephen L. Johnson Appointed: July 26, 2072 Managed, operated and sold 55 unit hotel, filed monthly operating reports, filed tax returns, administration of claims, report to the court, and final distribution to creditors in full, San Jose, CA.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) SELECTED LIST OF APPOINTMENTS (Continued) 17, 18. 19. 20. 21. Partition Referee: LAU KWONG, PLAINTIFFS et al. vs. JENNIFER SHUK-HAN KWOK et al., DEFENDANTS Case No. CGC-10-499028 Superior Court of California, County of San Francisco — Judge Emest Goldsmith Appointed: August 22, 2012 Complex accounting for a large probate estate matter, including investigation and report to the court with findings and recommendations. Report adopted by the court. Chapter 11 and Chapter 7 Trustee: YOUSIF H. HALLOUM, DEBTOR Case No. 12-21477-C-11 US Bankruptcy Court, Eastern District of California, Sacramento Division - Chief Judge Christopher Klein Appointed: November 11, 2013 Chapter 11 Trustee: Appointment to solely negotiate terms for existing debt between bank and debtor. Debtor would not accept terms, conversion of case to Chapter 7 recommended to court and court adopted conversion. Chapter 7 Trustee; Marshal and liquidated assets, and sold commercial building comprised of an ARCO Gas Station, convenience and liquor store, Subway Franchise, car wash and parking lot, Filed monthly operating reports, filed tax returns, administration of claims, final report to the court and distribution to creditors, Lodi, CA. Chapter 11 Trustee: RAVINDER GILL, DEBTOR Case No. 13-20833-D-11 US Bankruptcy Court, Eastern District of California, Sacramento Division — Judge Robert S. Bardwil Appointed: January 31, 2014 Analyzed debtors financial reporting to the court and feasibility of a confirmation of a Chapter 11 plan for the court. Recommended case to be converted or dismissed, case dismissed. Referee: JIM KEHOE, JOHN KEHOE, MARY PETRIN, PLAINTIFFS vs. MICHAEL O'BRIEN & JOE O'BRIEN, DEFENDANTS Case No, CGC-12-520986 Superior Court of California, County of San Francisco - Judge Ernest Goldsmith Appointed: March 7, 2014 Complex accounting for a partnership dissolution and report to the Court. Chapter 11 Trustee: KULDIP SINGH & SATKAMALJIT BIRK, DEBTORS Case No. 12-39655-C-11 US Bankruptcy Court, Eastern District California, Sacramento Division — Judge Christopher M. Klein Appointed: May 12, 2014 Analyzed debtors financial reporting to the court and feasibility of a confirmation of a Chapter 11 plan for the court. Recommended case to be converted or dismissed; case converted to Chapter 7.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2078 (Continued) SELECTED LIST OF APPOINTMENTS (Continued) 22. 23. 24. 25. Successor Trustee: PRIVATE FAMILY TRUSTS Private family trusts Served: June 2014 to December 2015 Administration of three family trusts, including recovery of assets, filing tax returns, final administration and distribution to beneficiaries, San Francisco, CA. Receiver: WARREN CLAYTON STEPHENS, JR., INDIVIDUALLY AND AS TRUSTEE OF THE WARREN C. STEPHENS FAMILY TRUST, AND ANNE FUGELSANG STEPHENS, AS TRUSTEE OF THE WARREN C. STEPHENS FAMILY TRUST, PLAINTIFFS vs. WARREN CAPITAL CORPORATION and WARREN EQUIPMENT FINANCE, INC, Case no. CGC-14-543097 Superior Court of California, County of San Francisco — Judge Ernest Goldsmith Appointed: December 9, 2014 Receivership for financial services investment company that operated as a Ponzi scheme, Marshal and, liquidation of assets, servicing and collection of lease portfolio, negotiation of numerous settlements with trade creditors, landiord and other creditors, management of complex litigation for the recovery of cash assets from multiple life and Directors & Officers insurance policies, filing monthly Receiver reports, filing tax returns, payments to creditors, court accounting and distributions to over 100 note holders. Partition Referee; RAUL ARZATE, ADRIANA ARZATE, PLAINTIFFS vs. ARMANDO ARZATE, LUZ ARZATE, WELLS FARGO HOME MORTGAGE, FIDELITY NATIONAL TITLE INSURANCE COMPANY, DEFENDANTS Case No. RG14711753 Superior Court of California, County of Alameda ~ Judge Gail Brewster Bercola Appointed: March 10, 2015 Sale of two unit residential building, court accounting and distribution to the parties, Hayward, CA. Partition Referee: RICARDO BROWN, PLAINTIFF vs. TAMAR BROWN, VICKI BROWN, BORODO BROWN, DEFENDANTS Case No. CGC-14-538129 Superior Court of Califomia, County of San Francisco - Judge Charles Crompton, Judge Harold Kahn and Ronald E. Quidachay Appointed: June 9, 2015 Sale of single family residential building, court accounting and distribution to the parties, San Francisco, CA.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) SELECTED LIST OF APPOINTMENTS (Continued) 26. Partition Referee and Real Estate Broker: RONALD L. MARTORANA, PLAINTIFF vs. ANTHONY J. MARTORANA, JR., DEFENDANT Case No. CGC-14-538782 Superior Court of California, County of San Francisco — Judge John K. Stewart and Judge Ronald E. Quidachay Appointed: July 17, 2015 Sold 55 unit apartment building, court accounting and distribution to the parties, San Francisco, CA. 27. Chapter 11 Liquidating Trust, Trustee: HASHFAST TECHNOLOGIES, LLC, ET AL, DEBTORS Case No. 14-30725, (Jointly Administered with Hashfast, LLC, Case No. 14-30866) US Bankruptcy Court, Northern District of California, San Francisco Division - Judge Dennis Montali Appointed: June 4, 2015 Liquidating Trustee for a Bitcoin hardware manufacturer. Manage numerous complex litigation matters, including avoidance actions and other causes of action, filing quarterly operating reports, filing tax returns, administration of claims, and payments to creditors, San Francisco, CA. 28, Chapter 7 Trustee, and Class Action Administrator: FOX ORTEGA ENTERPRISES, INC. dba PREMIER CRU, DEBTOR Case No. 16-40050-WLJ US Bankruptcy Court,, Northern District of California, Oakland Division - Judge William J. Lafferty Appointed 1/08/2016 Marshal and liquidation of assets of a commercial retail and online wine distribution company that operated as a Ponzi scheme. Maintained over 25,000 square feet of commercial retail, office and warehouse buildings in Berkeley, California for the preservation and sale of 80,000 bottles of fine and rare wines. Manage over 100 complex litigation matters, including avoidance actions, recovery of wine stored in Europe and other causes of action. Negotiated mediated settlement to a 4,500 member Class Action faw suit for claim to title of wine inventory. Employed nationally recognized claims administration agent, filing of bi-monthly accounting reports, filing tax returns, administration of over 2,200 unsecured claims, and on-going case administration. Class Action Administrator; Distribution to 4,500 class action members, Oakland, CA. 29. Referee: MARTHA CURTIS, PLAINTIFF vs. IMOGENE B. GIELING, BRUCE E. KRELL AND PAMELA KRELL, ET AL, DEFENDANTS Case No. CGC-15-547656 Superior Court of California, County of San Francisco ~ Judge A. James Robertson, If Appointed: November 7, 2016 Sate of seven unit residential apartment building, report to the court and final distribution to the parties, San Francisco, CA.Michael G. Kasolas, CPA CALIFORNIA PROBATE REFEREE Curriculum Vitae May 2018 (Continued) SELECTED LIST OF APPOINTMENTS (Continued)) 30. 31. 32. 33. Referee and Real Estate Broker: INRE THE ESTATE OF ELEAZAR LACANIETA MARCELO, AKA ELEZAR MARCELO, AKA ELEAZAR L. MARCELO, DECEASED Case No. PES 16-299854 Superior Court of California, County of San Francisco — Judge Stephen M. Murphy and Judge Harold Kahn Appointed: Appointed May 1, 2017 Referee for analysis of secured fiens for report to the Court for the payment priority of secured liens, and Real Estate Broker for the sale of single family residential building, San Francisco, CA. Chapter 7 Trustee: LETICIA PEREZ, Case No. 16-43425-CN US Bankruptcy Court, Northern District of California, Oakland Division ~ Judge Charles Novack Appointed: August 3, 2017 Marshal and liquidation of assets, including the sale of three healthcare facilities; two senior assisted living facilities and one skilled nursing facility, Berkeley, Pleasant Hill and Hayward, CA, administration and settlement of claims, and on-going case administration, Oakland, CA. Chapter 7 Trustee: FIFTH STREET LOFTS, LLC, Case No. 17-42303-RLE US Bankruptcy Court, Northern District of California, Oakland Division — Chief Judge Roger L. Eframsky Appointed: September 14, 2017 Marshal, liquidation and sale of assets, including the sale of a 10,000 square foot two story commercial warehouse building and parking lot, administration and settlement of claims, and on-going case administration, Oakland, CA. Chapter 11 Liquidating Trust, Trustee: ROBERT BROWER, SR., Case No. 15-50801-MEH, US Bankruptcy Court, Northern District of California, San Jose Division - Judge M. Elaine Hammond Appointed: November 2, 2017 Liquidating Trustee for recovery of assets through the sale of real estate assets, avoidance actions and other causes of action, and administration of claims, San Jose, CA. 10a 7 3 Zz ab Sa gz SE a ge c= z 9 g z o 2 a 2 ANTHONY CHIAPELONE V. STEVEN CHIAPELONE ALAMEDA COUNTY SUPERIOR COURT CASE NO. CGC-17-562017 PROOF OF SERVICE V: I, MERYLE MISHKIN-TANK, declare under penalty of perjury that the following facts are true and correct: Tama citizen of the United States, over the age of eighteen years, and am not a party to or interested in the within entitled cause. Iam an employee of PETERSON MARTIN & REYNOLDS, LLP, and my business address is 299 Third Street, Suite 200, Oakland, California 94607. On May 30, 2018, I served the following document(s) described as: om NY DH FF WN DECLARATION OF JOSEPH F. CHARLES IN SUPPORT OF APPLICATION FOR 19 | INTERLOCUTORY JUDGMENT FOR PARTITION BY SALE AND APPOINTMENT OF PARTITION REFEREE [CCP 872.720(A)] 7 z 7 3 ot ° on the following parties in this action by placing a true copy(ies) thereof enclosed in a sealed 12 | envelope addressed as follows: B { Steven Chiapelone | 1650 32nd Avenue 14 | San Francisco, CA 94122 15 16 1am “readily familiar” with this office's practice for collecting and depositing mail, and that all correspondence and/or pleadings are deposited in the mail on the same day, and that the WV document(s) served were placed for deposit in accordance with this office's practice, in a sealed envelope with postage thereon fully prepaid, to be placed in the United States mail at Oakland, 18 | California. Executed on May 30, 2018, at Oakland, California. a 415-399-2000 FAX 415-399-2930. _ZMERYLE MISHKIN-TANK PROOF OF SERVICE 1