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  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
  • IN THE MATTER OF THE JOHN M. WEBB REVOCABLE TRUST TRUST (PETITION TO INVALIDATE TRUST AMENDMENT AND REMOVE TRUSTEE) document preview
						
                                

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1 JOSEPH M. MORRILL (SBN 187207) joe@morrill.law ELECTRONICALLY 2 JENNIFER E. MCGUIRE (SBN 282704) jennifer@morrill.law F I L E D Superior Court of California, 3 MORRILL LAW County of San Francisco 2175 N. California Blvd., Suite 424 4 Walnut Creek, CA 94596 06/12/2020 Clerk of the Court Telephone: (925) 322-8615 BY: ALISON AGBAY 5 Facsimile: (925) 357-3151 Deputy Clerk 6 Attorneys for William C. Webb, Jr. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SAN FRANCISCO 9 In re the Matter of Case No. PTR-19-303084 10 THE JOHN M. WEBB REVOCABLE DECLARATION OF JENNIFER E. WALNUT CREEK, CALIFORNIA 11 TRUST MCGUIRE IN SUPPORT OF NOTICE ATTORNEYS AT LAW OF MOTION AND MOTION TO MORRILL LAW 12 COMPEL ANSWERS TO INTERROGATORIES AND 13 RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS; TO 14 DEEM ADMITTED TRUTH OF FACTS; FOR SANCTIONS 15 16 Date: Oct. 29, 2020 (approved by Rosie) 17 Time: 2:00 p.m. Dept.: 204 18 Judge: Hon. Ross C. Moody 19 VIA FAX 20 21 I, Jennifer E. McGuire, declare as follows: 22 1. I am an attorney duly licensed to practice law in the State of California and am an 23 associate at the Morrill Law Firm, counsel of record for William C. Webb, Jr, Petitioner. The facts 24 set forth in this declaration I know to be true of my own personal knowledge, except where such 25 facts are stated to be based on information and belief, and those facts I believe to be true. If called 26 to testify in this matter, I could and would testify competently to the matters set forth in this 27 1 28 DECLARATION OF JENNIFER E. MCGUIRE IN SUPPORT OF MOTION TO COMPEL 1 declaration. 2 2. Attached hereto as Exhibit 1 is a true and correct copy of the Petitioner William C. 3 Webb, Jr.’s Form Interrogatories to Respondent Liliana Bouvet (Set One), dated and served 4 April 15, 2020, by mail. 5 3. Attached hereto as Exhibit 2 is a true and correct copy of the Petitioner William C. 6 Webb’s Special Interrogatories to Respondent Liliana Bouvet (Set One), dated and served 7 April 15, 2020 by mail. 8 4. Attached hereto as Exhibit 3 is a true and correct copy of the Petitioner William C. 9 Webb, Jr.’s Request for Production of Documents to Respondent Liliana Bouvet (Set One), dated 10 and served April 15, 2020 by mail. WALNUT CREEK, CALIFORNIA 11 5. Attached hereto as Exhibit 4 is a true and correct copy of the Petitioner William C. ATTORNEYS AT LAW MORRILL LAW 12 Webb, Jr.’s Request for Admission to Respondent Liliana Bouvet (Set One), dated and served 13 April 15, 2020 by mail. 14 6. As of the date of this writing, Respondent has not served any response to Petitioner’s 15 discovery requests. 16 7. Respondent’s refusal to answer the interrogatories, respond to the request for 17 admission, and produce the documents requested was without substantial justification and 18 constituted a misuse of discovery under Code of Civil Procedure § 2023.010(e). Because of this 19 unreasonable refusal, Petitioner has incurred and will incur fees reasonable costs and attorney fees 20 for bringing this motion in the amount of $4,537.50, consisting of the following: 21 Time 22 Billing Rate Spent Time Spent 23 Danielle Higuera $ 155.00 1.5 $ 232.50 Sarah Krasner $ 150.00 13.1 $ 1,965.00 24 Jennifer McGuire $ 400.00 1.7 $ 680.00 25 Jennifer McGuire (Anticipated) $ 400.00 4 $ 1,600.00 Filing Fee $ 60.00 26 Total: $ 4,537.50 27 2 28 DECLARATION OF JENNIFER E. MCGUIRE IN SUPPORT OF MOTION TO COMPEL 1 8. Danielle Higuera is a certified paralegal who currently meets the requirements of 2 Probate Code § 2642(a), California Rules of Court, Rule 7.754 and Business & Professions Code 3 § 6450. She performed 1.5 hours of services, including analyzing local rules, communicating with 4 court staff, and filing and serving pleadings. Ms. Higuera’s billable rate is $155 per hour. 5 9. Sarah Krasner, summer associate, spent 13.1 hours, researching, drafting, and 6 preparing the underlying pleadings. Ms. Krasner’s billable rate is $150 per hour. 7 10. Ms. Higuera and Ms. Krasner acted under my direction and supervision. The amount 8 requested for their services is less than the amount that would have been charged if the I had had 9 performed the services. 10 11. I am a partner at the firm and spent 1.7 hours reviewing, analyzing, and revising the WALNUT CREEK, CALIFORNIA 11 pleadings, and corresponding with Ms. Higuera and Ms. Krasner regarding the same. My hourly ATTORNEYS AT LAW MORRILL LAW 12 rate is $400 per hour. 13 12. My firm will incur a $60 filing fee in connection with this motion. 14 13. Based upon my experience, I can estimate that I will spend 4 more hours to prepare 15 the reply to this motion, prepare for oral argument, and attend the hearing. This work will be 16 performed by me, as Ms. Krasner is employed only during the summer. At the billing rate of $400 17 per hour. I estimate there will be additional fees incurred of $1,600. 18 I declare under penalty of perjury under the law of the State of California that the foregoing 19 is true and correct. Executed this 12th day of June 2020, at Danville, California. 20 21 Jennifer E. McGuire 22 23 24 25 26 27 3 28 DECLARATION OF JENNIFER E. MCGUIRE IN SUPPORT OF MOTION TO COMPEL EXHIBIT 1 EXHIBIT 2 JOSEPH M. MORRILL (SBN 187207) 1 joe@morrill.law JENNIFER E. MCGUIRE (SBN 282704) 2 jennifer@morrill.law MORRILL LAW 3 2175 N. California Blvd., Suite 424 Walnut Creek, CA 94596 4 Telephone: (925) 322-8615 Facsimile: (925) 357-3151 5 Attorneys for William C. Webb, Jr. 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 IN AND FOR THE COUNTY OF SAN FRANCISCO 8 Case No. PTR-19-303084 9 In re the Matter of PETITIONER WILLIAM C. WEBB’S 10 THE JOHN M. WEBB REVOCABLE SPECIAL INTERROGATORIES TO TRUST RESPONDENT LILIANA BOUVET WALNUT CREEK, CALIFORNIA 11 (SET ONE) ATTORNEYS AT LAW MORRILL LAW 12 13 14 15 16 PROPOUNDING PARTY: PETITIONER WILLIAM C. WEBB, Jr. 17 RESPONDING PARTY: RESPONDENT LILIANA BOUVET 18 SET NO: ONE (1) 19 TO PETITIONER AND HIS ATTORNEY OF RECORD: 20 Petitioner William C. Webb, Jr. hereby requests that Respondent Liliana Bouvet respond to 21 the following Special Interrogatories in accordance with the instructions below. This request is 22 made pursuant to Code of Civil Procedure § 2030. 23 INSTRUCTIONS 24 A. You are required to respond to each of the following special interrogatories under 25 oath within 30 days of the date of service of this request. Send a copy of your responses, along with 26 a signed verification that your responses are true and correct under penalty of perjury under the 27 laws of the State of California, to Jennifer McGuire at the Morrill Law, 2175 N. California Blvd., 1 28 PETITIONER’S SPECIAL INTERROGATORIES (SET ONE) 1 Suite 424, Walnut Creek, CA 94596. Alternatively, you may send your responses, along with a 2 signed verification, electronically to jennifer@morrill.law. 3 B. Accord each interrogatory a separate answer. Before each answer, set forth verbatim 4 the interrogatory to which the answer is responsive. 5 C. If any of these interrogatories cannot be answered in full, answer such 6 interrogatories to the fullest extent possible, specifying the reason for the inability to answer the 7 remainder and stating whatever information you have concerning the unanswered portion. 8 D. General objections are improper. If you object to an interrogatory, then you must 9 state the objection in the response to that particular interrogatory. 10 SPECIAL INTERROGATORIES WALNUT CREEK, CALIFORNIA 11 SPECIAL INTERROGATORY NO. 1: ATTORNEYS AT LAW MORRILL LAW 12 State all facts that relate to your contention that “my late husband had been the victim of 13 greedy relatives who were determined to take possession of his house.” 14 SPECIAL INTERROGATORY NO. 2: 15 IDENTIFY all witnesses that support your contention that “my late husband had been the 16 victim of greedy relatives who were determined to take possession of his house.” 17 For the purposes of these interrogatories, IDENTIFY means to state the name, address, and 18 telephone number. 19 SPECIAL INTERROGATORY NO. 3: 20 State all facts that relate to your contention that “the stress isolation and emotional abuse 21 that [John M. Webb] suffered during his last months of life led to his death.” 22 SPECIAL INTERROGATORY NO. 4: 23 IDENTIFY all witnesses that support your contention that “the stress isolation and 24 emotional abuse that [John M. Webb] suffered during his last months of life led to his death.” 25 SPECIAL INTERROGATORY NO. 5: 26 State all facts that relate to your contention that you scheduled a neuropsychology 27 appointment for John M. Webb at San Francisco Neuropyschology, PC. 2 28 PETITIONER’S SPECIAL INTERROGATORIES (SET ONE) 1 SPECIAL INTERROGATORY NO. 6: 2 Did you inform any of John M. Webb’s physicians that you married John M. Webb? 3 SPECIAL INTERROGATORY NO. 7: 4 State whether you ever informed Dr. John Lenahan that you married John M. Webb. 5 SPECIAL INTERROGATORY NO. 8: 6 State all facts that relate to your contention that John M. Webb “had an amazing memory.” 7 SPECIAL INTERROGATORY NO. 9: 8 IDENTIFY all witnesses that support your contention that John M. Webb “had an amazing 9 memory.” 10 SPECIAL INTERROGATORY NO. 10: WALNUT CREEK, CALIFORNIA 11 If you contend that John M. Webb was of sound mind when he executed the ATTORNEYS AT LAW MORRILL LAW 12 AMENDMENT, state all facts that relate to your contention. 13 For the purposes of these interrogatories “AMENDMENT” shall mean the Amendment and 14 Restated dated April 5, 2019. 15 SPECIAL INTERROGATORY NO. 11: 16 If you contend that John M. Webb was of sound mind when he executed the 17 AMENDMENT, IDENTIFY all persons with knowledge of your contention. 18 SPECIAL INTERROGATORY NO. 12: 19 If you contend that Brent Hughey was biased, state all facts that relate to your contention. 20 SPECIAL INTERROGATORY NO. 13: 21 If you contend that Brent Hughey was biased, IDENTIFY all persons with knowledge of 22 your contention. 23 SPECIAL INTERROGATORY NO. 14: 24 Describe in detail how William Webb, Sr. helped you financially. 25 SPECIAL INTERROGATORY NO. 15: 26 State all facts that relate to your contention that “they were always making my late husband 27 sign life insurances.” 3 28 PETITIONER’S SPECIAL INTERROGATORIES (SET ONE) 1 SPECIAL INTERROGATORY NO. 16: 2 State all facts that relate to your contention that Dr. Bricca was involved in a discussion 3 about John M. Webb’s finances. 4 SPECIAL INTERROGATORY NO. 17: 5 State when you learned that William C. Webb, Sr. had been declared incapacitated. 6 SPECIAL INTERROGATORY NO. 18: 7 State all facts that relate to the execution of the AMENDMENT. 8 SPECIAL INTERROGATORY NO. 19: 9 State all facts that support your contention that William C. Webb, Jr. removed John M. 10 Webb from his trust. WALNUT CREEK, CALIFORNIA 11 SPECIAL INTERROGATORY NO. 20: ATTORNEYS AT LAW MORRILL LAW 12 If you contend that John M. Webb did not suffer from dementia when he signed the 13 AMENDMENT, state all facts that relate to your contention. 14 SPECIAL INTERROGATORY NO. 21: 15 If you contend that John M. Webb did not suffer from dementia when he signed the 16 AMENDMENT, IDENTIFY all witnesses with knowledge of your contention. 17 SPECIAL INTERROGATORY NO. 22: 18 If you contend that John M. Webb did not lack testamentary capacity when he signed the 19 AMENDMENT, state all facts that relate to your contention. 20 SPECIAL INTERROGATORY NO. 23: 21 If you contend that John M. Webb did not lack testamentary capacity when he signed the 22 AMENDMENT, IDENTIFY all witnesses with knowledge of your contention. 23 MORRILL LAW 24 Dated: April 15, 2020 Jennifer E. McGuire 25 Attorneys for William C. Webb, Jr. 26 27 4 28 PETITIONER’S SPECIAL INTERROGATORIES (SET ONE) 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of Contra Costa, State of California. My business address is 2175 N. 5 California Blvd., Ste 424, Walnut Creek, CA 94596. 6 On the date indicated below, I served the foregoing document(s): 7 PETITIONER WILLIAM C. WEBB’S SPECIAL INTERROGATORIES TO RESPONDENT LILIANA BOUVET (SET ONE) 8 to the person(s) listed below: 9 10 Liliana Kerschbaumer Bouvet 564 Chenery Street WALNUT CREEK, CALIFORNIA 11 San Francisco, CA 94131 ATTORNEYS AT LAW lilianachevarria@yahoo.com MORRILL LAW 12 BY U.S. MAIL: I am readily familiar with the above-captioned firm’s practice for collecting 13 and processing mail with the U.S. Postal Service. Under that practice, mail would be deposited on 14 the same day with postage thereon fully pre-paid at Danville, CA in the ordinary course of business. 15 I am aware that on a motion of the party served, service is presumed invalid if postal cancellation 16 date or postal meter date is more than one day after the date of deposit for mailing an affidavit. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed April 15, 2020 at Danville, California. 20 21 Jennifer E. McGuire 22 23 24 25 26 27 5 28 PETITIONER’S SPECIAL INTERROGATORIES (SET ONE) EXHIBIT 3 1 JOSEPH M. MORRILL (SBN 187207) joe@morrill.law 2 JENNIFER E. MCGUIRE (SBN 282704) jennifer@morrill.law 3 MORRILL LAW 2175 N. California Blvd., Suite 424 4 Walnut Creek, CA 94596 Telephone: (925) 322-8615 5 Facsimile: (925) 357-3151 6 Attorneys for William C. Webb, Jr. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SAN FRANCISCO 9 Case No. PTR-19-303084 In re the Matter of 10 PETITIONER WILLIAM C. WEBB, THE JOHN M. WEBB REVOCABLE JR.’S REQUEST FOR PRODUCTION WALNUT CREEK, CALIFORNIA 11 TRUST OF DOCUMENTS TO RESPONDENT ATTORNEYS AT LAW LILIANA BOUVET (SET ONE) MORRILL LAW 12 13 14 15 16 PROPOUNDING PARTY: PETITIONER WILLIAM C. WEBB, JR. 17 RESPONDING PARTY: RESPONDENT LILIANA BOUVET 18 SET NO: ONE (1) 19 TO PETITIONER AND HIS ATTORNEY OF RECORD: 20 Petitioner William C. Webb, Jr. hereby requests that Respondent Liliana Bouvet respond 21 to this Request for Production and produce all documents that are responsive to any of the following 22 numbered requests in accordance with the definitions and instructions below. This request is made 23 pursuant to Code of Civil Procedure § 2031. 24 INSTRUCTIONS 25 A. You are required to respond to each of the following requests for production of 26 documents under oath within 30 days of the date of service of this request. Send a copy of your 27 responses, along with a signed verification that your responses are true and correct under penalty 1 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) 1 of perjury under the laws of the State of California, together with the requested documents, to 2 Jennifer McGuire at the Morrill Law, 2175 N. California Blvd., Suite 424, Walnut Creek, CA 3 94596. Alternatively, you may send your responses, along with a signed verification, electronically 4 to jennifer@morrill.law. 5 B. Accord each request a separate answer. Before each answer, set forth verbatim the 6 request to which the answer is responsive. 7 C. If any of these requests cannot be answered in full, answer such request to the fullest 8 extent possible, specifying the reason for the inability to answer the remainder and stating whatever 9 information you have concerning the unanswered portion. 10 D. General objections are improper. If you object to request, then you must state the WALNUT CREEK, CALIFORNIA 11 objection in the response to that particular request. ATTORNEYS AT LAW MORRILL LAW 12 REQUEST FOR PRODUCTION 13 14 REQUEST FOR PRODUCTION NO. 1: 15 All DOCUMENTS that relate to your contention that “my late husband had been the victim 16 of greedy relatives who were determined to take possession of his house.” 17 For the purposes of these requests “DOCUMENT” means handwriting, typewriting, 18 printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, 19 and every other means of recording upon any tangible thing, any form of communication or 20 representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and 21 any record thereby created, regardless of the manner in which the record has been stored. 22 REQUEST FOR PRODUCTION NO. 2: 23 All DOCUMENTS that relate to your contention that “the stress isolation and emotional 24 abuse that [John M. Webb] suffered during his last months of life led to his death.” 25 REQUEST FOR PRODUCTION NO. 3: 26 All DOCUMENTS that relate to your contention that you scheduled a neuropsychology 27 appointment for John M. Webb at San Francisco Neuropyschology, PC. 2 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) 1 REQUEST FOR PRODUCTION NO. 4: 2 All DOCUMENTS that relate to your contention that John M. Webb “had an amazing 3 memory.” 4 REQUEST FOR PRODUCTION NO. 5: 5 All DOCUMENTS that relate John M. Webb. 6 REQUEST FOR PRODUCTION NO. 6: 7 All DOCUMENTS that relate to any trust signed by John M. Webb. 8 REQUEST FOR PRODUCTION NO. 7: 9 All COMMUNICATIONS between you and Kendra Bowen. 10 For the purposes of these requests “COMMUNICATION” shall mean letters, cards, WALNUT CREEK, CALIFORNIA 11 facsimiles, e-mails, text messages, and social media messages. ATTORNEYS AT LAW MORRILL LAW 12 REQUEST FOR PRODUCTION NO. 8: 13 All COMMUNICATIONS between John M. Webb and Kendra Bowen. 14 REQUEST FOR PRODUCTION NO. 9: 15 All COMMUNICATIONS between you and William C. Webb, Sr. 16 REQUEST FOR PRODUCTION NO. 10: 17 All COMMUNICATIONS between you and William C. Webb, Jr. 18 REQUEST FOR PRODUCTION NO. 11: 19 All COMMUNICATIONS between you and John M. Webb. 20 REQUEST FOR PRODUCTION NO. 12: 21 All DOCUMENTS that relate to the Adult Protective Services investigation. 22 REQUEST FOR PRODUCTION NO. 13: 23 All COMMUNICATIONS between you and Brent Hughey. 24 REQUEST FOR PRODUCTION NO. 14: 25 All COMMUNICATIONS between John M. Webb and Brent Hughey. 26 27 3 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) 1 REQUEST FOR PRODUCTION NO. 15: 2 All COMMUNICATIONS between you and Sarah Brown. 3 REQUEST FOR PRODUCTION NO. 16: 4 All COMMUNICATIONS between John M. Webb and Sarah Brown. 5 REQUEST FOR PRODUCTION NO. 17: 6 All COMMUNICATIONS with San Francisco Police Department concerning John M. 7 Webb. 8 REQUEST FOR PRODUCTION NO. 18: 9 All DOCUMENTS that relate to any monies you received from William C. Webb, Sr. 10 REQUEST FOR PRODUCTION NO. 19: WALNUT CREEK, CALIFORNIA 11 All DOCUMENTS that relate to any monies you received from John M. Webb. ATTORNEYS AT LAW MORRILL LAW 12 REQUEST FOR PRODUCTION NO. 20: 13 All DOCUMENTS that relate to your contention that “they were always making my late 14 husband sign life insurances.” 15 REQUEST FOR PRODUCTION NO. 21: 16 All DOCUMETNS that relate to your contention that Dr. Bricca was involved in a 17 discussion about John M. Webb’s finances. 18 REQUEST FOR PRODUCTION NO. 22: 19 All DOCUMENTS that relate to the execution of the AMENDMENT. 20 REQUEST FOR PRODUCTION NO. 23: 21 All DOCUMENTS that relate to your contention that William C. Webb, Jr. removed John 22 M. Webb from his trust. 23 REQUEST FOR PRODUCTION NO. 24: 24 All DOCUMENTS that relate to John M. Webb’s health, including but not limited to notes 25 from physicians and/or medical records. 26 / / / 27 / / / 4 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) 1 REQUEST FOR PRODUCTION NO. 25: 2 All DOCUMENTS that relate to the services you provided John M. Webb. 3 MORRILL LAW 4 Dated: April 15, 2020 Jennifer E. McGuire 5 Attorneys for William C. Webb, Jr. 6 7 8 9 10 WALNUT CREEK, CALIFORNIA 11 ATTORNEYS AT LAW MORRILL LAW 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of Contra Costa, State of California. My business address is 2175 N. 5 California Blvd., Ste 424, Walnut Creek, CA 94596. 6 On the date indicated below, I served the foregoing document(s): 7 PETITIONER WILLIAM C. WEBB, JR.’S REQUEST FOR PRODUCTION TO RESPONDENT LILIANA BOUVET (SET ONE) 8 to the person(s) listed below: 9 10 Liliana Kerschbaumer Bouvet 564 Chenery Street WALNUT CREEK, CALIFORNIA 11 San Francisco, CA 94131 ATTORNEYS AT LAW lilianachevarria@yahoo.com MORRILL LAW 12 BY U.S. MAIL: I am readily familiar with the above-captioned firm’s practice for collecting 13 and processing mail with the U.S. Postal Service. Under that practice, mail would be deposited on 14 the same day with postage thereon fully pre-paid at Danville, CA in the ordinary course of business. 15 I am aware that on a motion of the party served, service is presumed invalid if postal cancellation 16 date or postal meter date is more than one day after the date of deposit for mailing an affidavit. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed April 15, 2020 at Danville, California. 20 21 Jennifer E. McGuire 22 23 24 25 26 27 6 28 PETITIONER’S REQUEST FOR PRODUCTION (SET ONE) EXHIBIT 4 1 JOSEPH M. MORRILL (SBN 187207) joe@morrill.law 2 JENNIFER E. MCGUIRE (SBN 282704) jennifer@morrill.law 3 MORRILL LAW 2175 N. California Blvd., Suite 424 4 Walnut Creek, CA 94596 Telephone: (925) 322-8615 5 Facsimile: (925) 357-3151 6 Attorneys for William C. Webb, Jr. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SAN FRANCISCO 9 Case No. PTR-19-303084 In re the Matter of 10 PETITONER WILLIAM C. WEBB, THE JOHN M. WEBB REVOCABLE JR.’S REQUEST FOR ADMISSION TO WALNUT CREEK, CALIFORNIA 11 TRUST RESPONDENT LILIANA BOUVET ATTORNEYS AT LAW (SET ONE) MORRILL LAW 12 13 14 15 16 PROPOUNDING PARTY: PETITIONER WILLLIAM C. WEBB, JR 17 RESPONDING PARTY: RESPONDENT LILIANA BOUVET 18 SET NO: ONE (1) 19 TO PETITIONER AND HIS ATTORNEY OF RECORD: 20 Petitioner William C. Webb, Jr. hereby requests that Respondent Liliana Bouvet respond to 21 the following requests for admissions in accordance with the definitions and instructions below. 22 This request is made pursuant to Code of Civil Production § 2033.010 et seq. 23 INSTRUCTIONS 24 A. You are required to respond to each of the following requests for admissions under 25 oath within 30 days of the date of service of this request. Send a copy of your responses, along with 26 a signed verification that your responses are true and correct under penalty of perjury under the 27 1 28 PETITIONERS’S REQUEST FOR ADMISSIONS (SET ONE) 1 laws of the State of California, to Jennifer McGuire at the Morrill Law Firm, 2175 N. California, 2 Suite 424, Walnut Creek, CA 94596. Alternatively, you may send your responses, along with a 3 signed verification, electronically to jennifer@morrill.law. 4 B. Accord each request a separate answer. Before each answer, set forth verbatim the 5 request to which the answer is responsive. 6 C. If any of these requests cannot be answered in full, answer such request to the fullest 7 extent possible, specifying the reason for the inability to answer the remainder and stating whatever 8 information you have concerning the unanswered portion. 9 D. General objections are improper. If you object to request, then you must state the 10 objection in the response to that particular request. WALNUT CREEK, CALIFORNIA 11 REQUESTS FOR ADMISSION ATTORNEYS AT LAW MORRILL LAW 12 REQUEST FOR ADMISSION NO 1: 13 Admit that you had no relationship with John M. Webb prior to providing care for him. 14 REQUEST FOR ADMISSION NO 2: 15 Admit that John M. Webb trusted you. 16 REQUEST FOR ADMISSION NO 3: 17 Admit that you were in a fiduciary relationship with John M. Webb at the time he signed 18 the AMENDMENT. 19 For purposes of these requests the term “AMENDMENT” shall mean the Amendment and 20 Restated dated April 5, 2019. 21 REQUEST FOR ADMISSION NO 4: 22 Admit that John M. Webb was dependent upon you to provide care to him when he signed 23 the AMENDMENT. 24 REQUEST FOR ADMISSION NO 5: 25 Admit that you were providing care to John M. Webb when he signed the 26 AMENDMENT. 27 2 28 PETITIONERS’S REQUEST FOR ADMISSIONS (SET ONE) 1 REQUEST FOR ADMISSION NO 6: 2 Admit that you intended to help John M. Webb take out a reverse mortgage on his home. 3 REQUEST FOR ADMISSION NO 7: 4 Admit that you were aware William C. Webb, Sr. had dementia when he was named Trustee 5 under the AMENDMENT. 6 REQUEST FOR ADMISSION NO 8: 7 Admit that you expected to be paid for providing care to John M. Webb after you married 8 him. 9 REQUEST FOR ADMISSION NO 9: 10 Admit that when you married John M. Webb he was of unsound mind. WALNUT CREEK, CALIFORNIA 11 REQUEST FOR ADMISSION NO 10: ATTORNEYS AT LAW MORRILL LAW 12 Admit that you attended an appointment with John M. Webb and Kendra Bowen. 13 REQUEST FOR ADMISSION NO 11: 14 Admit that you made the appointment with Kendra Bowen. 15 REQUEST FOR ADMISSION NO 12: 16 Admit that you were present when John M. Webb signed the AMENDMENT. 17 REQUEST FOR ADMISSION NO 13: 18 Admit that you asked William C. Webb, Sr. for advances on your pay. 19 REQUEST FOR ADMISSION NO 14: 20 Admit that William C. Webb, Sr. hired you to provide care for John M. Webb. 21 REQUEST FOR ADMISSION NO 15: 22 Admit that you participated in the creation of the AMENDMENT. 23 24 MORRILL LAW 25 Dated: April 15, 2020 Jennifer E. McGuire 26 Attorneys for William C. Webb, Jr. 27 3 28 PETITIONERS’S REQUEST FOR ADMISSIONS (SET ONE) 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of Contra Costa, State of California. My business address is 2175 N. 5 California Blvd., Ste 424, Walnut Creek, CA 94596. 6 On the date indicated below, I served the foregoing document(s): 7 PETITIONER WILLIAM C. WEBB, JR.’S REQUEST FOR ADMISSION TO RESPONDENT LILIANA BOUVET (SET ONE) 8 to the person(s) listed below: 9 Liliana Kerschbaumer Bouvet 10 564 Chenery Street San Francisco, CA 94131 WALNUT CREEK, CALIFORNIA 11 lilianachevarria@yahoo.com ATTORN