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Case Number: PTR-05-287341
Filing Date: Nov-03-2006 11:21
Juke Box: 001 Image: 01587870
ACCOUNTING PETITION RE:
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01587870
Instructions:
Please place this sheet on top of the document to be scanned.SKOOTSKY & DER LLP
90 New Montgomery Strect, Suite 905
San Francisco, CA 94105
0 eo NY Au fF WwW Nn &
Ny NN NF Be Be Se Se Se Se Se SES
ERNEST F. DE! RAState Bar No. 154502)
SKOOTSKY & D
90 New Montgomery. Street, Suite 905
San Francisco, CA 94105 F
Telephone: (415) 979-9800 .
Facsimile: dig ‘e708 9821 San Francisco County Superior Court
Attorneys for DEBRA J. DOLCH, NOV 03 2006
Petitioner and Successor Trustee GORDO Uae Clerk
BY. st
uty Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
IN RE: Case No. PTR-05-287341 By Fay
CHARLES ACTIS REVOCABLE FIRST ACCOUNT AND REPORT OF
SUCCESSOR TRUSTEE: PETITION FOR
TRUST U/TIA DATED 11/2/2004 FEES TO SUCCESSOR TRUSTEE AND
FEES AND COSTS TO ATTORNEY
i ! 2. 0
HearingDate: 12/4/ oktomt
Time: 9:00 AM an
Department: Probate, Room 204
CROSSREFERENCE: PES-05-287457
ESTATE OF CHARLES ACTIS
PETITIONER, DEBRA J. DOLCH, Successor Trustee of the CHARLES ACTIS
REVOCABLE TRUST U/T/A Dated November 2, 2004, presents her verified First
Account and Report as Successor Trustee and her Petition for Fees to Successor
Trustee and Fees and Costs to Attorney.
Petitioner hereby alleges the following:
1. Appointment as Successor Trustee. Petitioner was initially appointed as
temporary successor trustee by order of this Court dated July 25, 2005. Petitioner was
appointed Successor Trustee by order of this Court dated September 20, 2005. Petitioner
1 Case No. PTR-05-287341
FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE, PETITION FOR FEES TO SUCCESSOR TRUSTEE
AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP
90 New Montgomery Strcct, Suite 905
San Francisco, CA 94105
oo oN Dn HW FY HY &
nw RO eee
has served without fail since her appointment.
Petitioner was also appointed Special Administrator with general powers in the
related matter: Estate of Charles Actis, Case No. PES-05-287457.
2. Accounting Period. The account period for the Trust begins on August 2,
2005 and ends September 30, 2006. While Petitioner was appointed temporary
Successor Trustee on July 25, 2005, Petitioner was not able to marshal trust assets from
the former Trustee unti! August 2, 2005.
3. Charges and Credits. Petitioner is chargeable and is entitled to the credits,
as set forth in this summary of account, whose supporting schedules are attached and
incorporated in this petition by reference.
SUMMARY OF ACCOUNT
CHARGES
Inventory & Appraisal $924,287.04
Income Receipts (Schedule A) 33.89
Principal Receipts (Schedule A) --
TOTAL CHARGES $924,320.93
CREDITS
Income Disbursements (Schedule B) $5,815.30
Principal Disbursements (Schedule B) --
Income Distributions (Schedule C) --
Property on Hand (Schedule D) 916,505.63
TOTAL CREDITS $924,320.93
Original bank statements have been filed under this case number.
4. Bond. Bond was waived in the Order Appointing Successor Trustee dated
September 20, 2005.
5. Report of Successor Trustee; Fees, In the management of the Trust estate
Case No. PTR-05-287341
OE NO PTR OS 2ETS
FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE; PETITION FOR FEES TO SUCCESSOR TRUSTEE
AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905
San Francisco, CA 94105
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during the period of this account, Petitioner has performed the following services:
Petitioner has managed and administered the trust estate frugally and without
waste, collecting income-and principal, investing the sums available for investment
including investing in interest-bearing accounts, retaining and disposing of property and
investments, and applying or disposing of income or corpus of the estate as required by
law and the orders of this Court.
Under San Francisco Local Rule 14.98, compensation for such services shall not
exceed on an annual basis One Percent (1%) of the "fair market value of assets at the
end of the accounting period." The fair market value of assets as of September 30, 2006
is $918,503.62 and One Percent of this amount is $9,185.04. Petitioner has served a
total of 424 days during the accounting period. Therefore, Petitioner's fee as Successor
Trustee is One Percent of this amount or $9,185.04 x 424/365 = $10,669.75.
No compensation has been received by the Petitioner for her services as
Successor Trustee. By endorsing her name to this Petition, Petitioner represents that the
reasonable value of these services as Successor Trustee totals $10,669.75.
In addition, Petitioner is requesting that payment be made from estate assets held
by her as Special Administrator from the related probate estate referenced above.
6. Attomey’s Fees. Petitioner retained the services of ERNEST F. DER, Esq.
as counsel for Petitioner in all matters concerning the Trust in which it was necessary to
have advice of counsel in the proper administration and conduct of the Trust, described
in the attached declaration and herein incorporated by reference.
No compensation has been paid to Ernest F. Der, Esq. for services to the Trust in
the current accounting period. Ernest F. Der, Esq., by endorsing his name to this
Petition, represents that the reasonable value of services is $5,097.50 representing
attorney's fees to the Petitioner. In addition, Ernest F. Der, Esq., is requesting
reimbursement of $807.80 for costs advanced to the Trust as described in the attached
Declaration.
7. Probate Code §1064 Requirements.
3 Case No. PTR-05-287341
FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE; PETITION FOR FEES TO SUCCESSOR TRUSTEE
AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP
90 New Montgomery Strect, Suite 905
San Franciseo, CA 94105
0 ef ND WH FF Y HY
N vee
PRBERRRBKESSBze UATE HERS
a. There have been no sales, purchases, changes in forms of assets of
the Trust assets during this accounting period which are not readily understandable from
the attached account.
b. There are no unusual items of this account unless addressed further
in this Petition.
c. No compensation has been paid to Petitioner as fiduciary herein, or
to Petitioner’s attorney, which are not pursuant to court order.
d. Petitioner did not hire any agents who have a family or affiliate
relationship with Petitioner during this accounting period.
e. All cash has been invested and maintained in interest bearing
accounts or investments authorized by law or by the governing instrument, except for an
amount of cash that is reasonable necessary for the orderly administration of this estate.
8. Parties. The names and addresses of those affected by this Petition are as.
follows:
Marco Ferrero Carol Mitchell
1074 Leland Drive 1617 Carmel Drive
Lafayette, CA 94549 Walnut Creek, CA 94596
Robert Mitchell, Esq. Marco Ferrero, Jr.
Dean Spellman, Esq. 46 Phylis Drive
1850 Mt. Diablo Bivd., Suite 670 Pleasant Hill, CA 94523
Walnut Creek, CA 94596-4407
Nicholas Ferrero Natalie Ferrero
46 Phylis Drive 46 Phylis Drive
Pleasant Hill, CA 94523 Pleasant Hill, CA 94523
Michael Cochrane, Esq. Caroline Hinshaw, Esq.
King, King & Fishleder Bryan Hinshaw
555 — 12” Street, Suite 1440 425 California Street, Suite 900
Oakland, CA 94507 San Francisco, CA 94104
9. Request for Special Notice. No one has requested special notice in this
matter.
WHEREFORE, Petitioner requests that:
1. Notice of hearing of this account, report and petition be given as required
by law;
4 Case No. PTR-05-287341
eee
FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE, PETITION FOR FEES TO SUCCESSOR TRUSTEE
AND FEES AND COSTS TO ATTORNEYBon Keancisca, CA 9410S
SXOOTSKY & DEE LL?
90 New Montgumery Street, Suite 905
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BPRRPEERES
bate FIDUCIRRY SVC Fax 5433679 Nov 2 2006 03:0¢pm pootvont
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2. The Court make an order approving, allowing, and settling the attached
third account and report of the Successor Trustee as filed;
3. The Court authorize Petitioner to pay herself as Successor Trustee
$10,669.75 from the related probate estate assots;
4. The Court authorize Petitioner fo pay ERNEST FSDER, her attomey,
$5,097.50 for legal services rendered to the Trust and $807.80 for costs advanced fo the
Trust; and
5. Other relief that the Court deems proper.
SO
Dated: _/ov. 2, ROOC SS
DEBRA J, DOLCH,
Petitioner and Successor Trustee
SKOOTSKY & DER LLP
By: Emest F. Der, A Prof. Corp.
Attomey for DEBRA J. DOLCH, ‘Petitioner and Successor Trustee
VERIFICATION wy
lam the Successor Trustee of the above-named trust. The account and petition
are true of my own knowledge, except as to the matters that are stated in it on my
information and belief, and as to those matters | believe them to be true.
This account contains a full statement of all charges a against ine and all credits to
which | am entitled in the estate during the accounting period
I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing Is true and correct.
Dated: MK A, Aooe OO EE_E
‘ DEBRA J, DOLCH, Te
Petitioner and Successor Trustee
5 Cane No. PTR-05-287341
FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE: PETITION ono. FEES 10 SUCCESSOR TRUS TEE
AND FEES AND COSTS TO ATTORNICHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Summary of Account
For the Period From August 2, 2005 To September 30, 2006
CHARGES
Inventory and Appraisal $ 924,287.04
Income Receipts (Schedule A) 33.89
Principal Receipts (Schedule A) -
TOTAL CHARGES $ 924,320.93
CREDITS
Income Disbursements (Schedule B) $ 5,815.30
Principal Disbursements (Schedule B) -
Income Distributions (Schedule C) -
Property on Hand (Schedule D) 918,505.63
TOTAL CREDITS $ 924,320.93
Page 1CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Receipts
For the Period From August 2, 2005 To September 30, 2006 Schedule A
Date Source Purpose Income Principat
Interest
8/31/2005 First Republic Bank Checking Account 0.30 -
9/30/2005 First Republic Bank Checking Account 0.23
7/31/2006 First Republic Bank Checking Account 0.05
9/30/2005 First Republic Bank Market Rate Account 0.31
10/31/2005 First Republic Bank Market Rate Account 0.96
11/30/2005 First Republic Bank Market Rate Account 0.82
12/31/2005 First Republic Bank Market Rate Account 0.85
1/31/2006 First Republic Bank Market Rate Account 0.85
2/28/2006 First Republic Bank Market Rate Account 0.77
3/31/2006 First Republic Bank Market Rate Account 0.85
4/30/2006 First Republic Bank Market Rate Account 0.82
5/31/2006 First Republic Bank Market Rate Account 0.85
6/30/2006 First Republic Bank Market Rate Account 0.82
7/31/2006 First Republic Bank Market Rate Account 0.33
8/30/2006 First Republic Bank Market Rate Account 0.26
9/30/2006 First Republic Bank Market Rate Account 0.15
Refunds
9/23/2005 PG&E Closed A/C-Credit Balance 22.64
8/16/2006 Blum-Blackfield Insurance | Overpayment 2.03
TOTAL RECEIPTS 33.89 $ -
Page 2CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Disbursements
For the Period From August 2, 2005 To September 30, 2006 Schedule B
Date Payee Purpose Income Pringipal
Bank Charges
9/30/2006 First Republic Bank Bank Charge $ 10.00 $ -
Insurance
8/12/2005 Blum-Blackfield insurance Personal Liability 315.00
6/27/2006 Blum-Blackfield Insurance Personal Liability 315.00
7/5/2006 Blum-Blackfield Insurance Fire Insurance 2,887.75
Professional Fees
4/5/2006 Jackie Gordon Probate Referee Fees 932.55
Repairs and Maintenance
6/8/2006 Max Valdovinos Gardener 290.00
7/11/2006 Max Vatdovinos Gardener 80.00
8/8/2006 Max Valdovinos Gardener 80.00
9/6/2006 Max Valdovinos Gardener 80.00
Taxes
10/11/2005 SF Tax Collector Property Taxes 825.00
TOTAL DISBURSEMENTS
$5815.30, $
Page 3CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04
For the Period From August 2, 2005 To September 30, 2006
rs
Distributions
Schedule C
NONE
Page 4CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Property on Hand !
For the Period From August 2, 2005 To September 30, 2006 Schedule D
9/30/2006 9/30/2006 '
Carrying Market
Description Value Value
Cash:
FRB C/A#995-0006-0159 $ 856.99 $ 856.99
FRB M/A#995-0006-0167 1,098.64 1,098.64
Subtotal 1,955.63 1,955.63
Real Property:
all that certain real property located at:
1601 Ulloa Street, San Francisco, CA 94116 907,000.00 907,000.00
Subtotal 907,000.00 907,000.00
Others:
Fumiture and Furnishings 9,550.00 9,550.00
Subtotal 9,550.00 9,550.00
TOTAL PROPERTY ON HAND $918,505.63 $ 918,505.63
Liabilities:
NONE
Bank Reconciliation: FRB C/A
#995-0006-0159
Balance Per Bank $ 856.99
Less: O/S Check :
Adjusted Balance $ 856.99
Page 5& -
& &
CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Cash Summary
For the Period From August 2, 2005 To September 30, 2006 Schedule E
Income Principal Total
Beginning Cash on Hand $ - $ - $ -
Plus: Receipts 33.89 7,737.04 7,770.93
Total Cash Available 33.89 7,737.04 7,770.93
Less: Disbursements (5,815.30) - (5,815.30)
Distributions - -
Cash on Hand on September 30, 2006 $ (5,781.41) 8 7,737.04 _$ 1,955.63
Consisting of:
FRB C/A#995-0006-0159 $ 856.99
FRB M/A#995-0006-0167 1,098.64
Ss
Page 6SKOOTSKY & DER LLP
90 New Montgomery Strect, Suite 908
§
a
ancisco, CA 94108
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a
ERNEST F. DER (State Bar No. 154502)
SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905
San Francisco, CA_94105
Telephone: (415) 979-9800
Facsimile: (415) 979-9821
Attorneys for DEBRA J. DOLCH,
Petitioner and Successor Trustee
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
IN RE: Case No. PTR-05-287341
CHARLES ACTIS REVOCABLE _| DECLARATION BY ATTORNEY RE:
TRUST U/T/A DATED 11/2/2004 | FEES AND CosTS
CROSSREFERENCE: PES-05-287457
Estate of Charles Actis
|, ERNEST F. DER, hereby declare the following:
1. lam an attorney licensed in the State of California to practice law and am in
good standing with the State Bar. My office is located at 90 New Montgomery Street,
Suite 905, San Francisco, CA 94105. | am also a certified specialist in Estate Planning,
Trust and Probate as certified by the State Bar of California Board of Legal
Specialization. | represent the Successor Trustee in this matter.
2. As attorney for the Successor Trustee. | prepared all documents and
represented the Successor Trustee in all aspects of this proceeding as required by law.
During this period of accounting, | have performed the following !egal services which is
listed on Exhibit "A" attached hereto and incorporated by reference herein.
3. During the period covered in this first account, | have spent 14.70 hours of
1 Case No. PTR-05-287341
DECLARATION BY ATTORNEY RE: FEES AND COSTS:SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905
San Francisco, CA 94105
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attorney time, at a rate of $275/hour and then $300/hour, for a total of $4,277.50. My
paralegal spent a total of 4.10 hours of paralegal time, at a rate of $200/hour, for a total
of $820.00. I therefore request fees in the amount of $5,097.50.
4, | also have advanced to the Trust a total of $807.80 in costs. A list of the
costs advanced is included in the time sheets attached. Therefore, | am requesting that |
be reimbursed $807.80 for costs.
5. The paralegals employed by my office are qualified as a paralegal under
Bus. & Prof. Code §6450(c){3) and has complied with all other requirements under this
section.
| declare under penalty of perjury under the laws of the State of California that the
Se >
foregoing is true and correct.
Dated: Vw 2, tee
ERNEST F. DER, Esq.
Attorney for DEBRA J. DOLCH,
Petitioner and Successor Trustee
2 Case No. PTR-05-287341
DECLARATION BY ATTORNEY RE: FEES AND COSTSSKOOTSKY
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ND San Francisco Superior Courts tnformation Technology Group Document Scanning Lead Sheet Nov-03-2006 11:23 am Case Number: PTR-05-287341 Filing Date: Nov-03-2006 11:21 Juke Box: 001 Image: 01587870 ACCOUNTING PETITION RE: IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01587870 Instructions: Please place this sheet on top of the document to be scanned.SKOOTSKY & DER LLP 90 New Montgomery Strect, Suite 905 San Francisco, CA 94105 0 eo NY Au fF WwW Nn & Ny NN NF Be Be Se Se Se Se Se SES ERNEST F. DE! RAState Bar No. 154502) SKOOTSKY & D 90 New Montgomery. Street, Suite 905 San Francisco, CA 94105 F Telephone: (415) 979-9800 . Facsimile: dig ‘e708 9821 San Francisco County Superior Court Attorneys for DEBRA J. DOLCH, NOV 03 2006 Petitioner and Successor Trustee GORDO Uae Clerk BY. st uty Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION IN RE: Case No. PTR-05-287341 By Fay CHARLES ACTIS REVOCABLE FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE: PETITION FOR TRUST U/TIA DATED 11/2/2004 FEES TO SUCCESSOR TRUSTEE AND FEES AND COSTS TO ATTORNEY i ! 2. 0 HearingDate: 12/4/ oktomt Time: 9:00 AM an Department: Probate, Room 204 CROSSREFERENCE: PES-05-287457 ESTATE OF CHARLES ACTIS PETITIONER, DEBRA J. DOLCH, Successor Trustee of the CHARLES ACTIS REVOCABLE TRUST U/T/A Dated November 2, 2004, presents her verified First Account and Report as Successor Trustee and her Petition for Fees to Successor Trustee and Fees and Costs to Attorney. Petitioner hereby alleges the following: 1. Appointment as Successor Trustee. Petitioner was initially appointed as temporary successor trustee by order of this Court dated July 25, 2005. Petitioner was appointed Successor Trustee by order of this Court dated September 20, 2005. Petitioner 1 Case No. PTR-05-287341 FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE, PETITION FOR FEES TO SUCCESSOR TRUSTEE AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP 90 New Montgomery Strcct, Suite 905 San Francisco, CA 94105 oo oN Dn HW FY HY & nw RO eee has served without fail since her appointment. Petitioner was also appointed Special Administrator with general powers in the related matter: Estate of Charles Actis, Case No. PES-05-287457. 2. Accounting Period. The account period for the Trust begins on August 2, 2005 and ends September 30, 2006. While Petitioner was appointed temporary Successor Trustee on July 25, 2005, Petitioner was not able to marshal trust assets from the former Trustee unti! August 2, 2005. 3. Charges and Credits. Petitioner is chargeable and is entitled to the credits, as set forth in this summary of account, whose supporting schedules are attached and incorporated in this petition by reference. SUMMARY OF ACCOUNT CHARGES Inventory & Appraisal $924,287.04 Income Receipts (Schedule A) 33.89 Principal Receipts (Schedule A) -- TOTAL CHARGES $924,320.93 CREDITS Income Disbursements (Schedule B) $5,815.30 Principal Disbursements (Schedule B) -- Income Distributions (Schedule C) -- Property on Hand (Schedule D) 916,505.63 TOTAL CREDITS $924,320.93 Original bank statements have been filed under this case number. 4. Bond. Bond was waived in the Order Appointing Successor Trustee dated September 20, 2005. 5. Report of Successor Trustee; Fees, In the management of the Trust estate Case No. PTR-05-287341 OE NO PTR OS 2ETS FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE; PETITION FOR FEES TO SUCCESSOR TRUSTEE AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP 90 New Montgomery Street, Suite 905 San Francisco, CA 94105 € € during the period of this account, Petitioner has performed the following services: Petitioner has managed and administered the trust estate frugally and without waste, collecting income-and principal, investing the sums available for investment including investing in interest-bearing accounts, retaining and disposing of property and investments, and applying or disposing of income or corpus of the estate as required by law and the orders of this Court. Under San Francisco Local Rule 14.98, compensation for such services shall not exceed on an annual basis One Percent (1%) of the "fair market value of assets at the end of the accounting period." The fair market value of assets as of September 30, 2006 is $918,503.62 and One Percent of this amount is $9,185.04. Petitioner has served a total of 424 days during the accounting period. Therefore, Petitioner's fee as Successor Trustee is One Percent of this amount or $9,185.04 x 424/365 = $10,669.75. No compensation has been received by the Petitioner for her services as Successor Trustee. By endorsing her name to this Petition, Petitioner represents that the reasonable value of these services as Successor Trustee totals $10,669.75. In addition, Petitioner is requesting that payment be made from estate assets held by her as Special Administrator from the related probate estate referenced above. 6. Attomey’s Fees. Petitioner retained the services of ERNEST F. DER, Esq. as counsel for Petitioner in all matters concerning the Trust in which it was necessary to have advice of counsel in the proper administration and conduct of the Trust, described in the attached declaration and herein incorporated by reference. No compensation has been paid to Ernest F. Der, Esq. for services to the Trust in the current accounting period. Ernest F. Der, Esq., by endorsing his name to this Petition, represents that the reasonable value of services is $5,097.50 representing attorney's fees to the Petitioner. In addition, Ernest F. Der, Esq., is requesting reimbursement of $807.80 for costs advanced to the Trust as described in the attached Declaration. 7. Probate Code §1064 Requirements. 3 Case No. PTR-05-287341 FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE; PETITION FOR FEES TO SUCCESSOR TRUSTEE AND FEES AND COSTS TO ATTORNEYSKOOTSKY & DER LLP 90 New Montgomery Strect, Suite 905 San Franciseo, CA 94105 0 ef ND WH FF Y HY N vee PRBERRRBKESSBze UATE HERS a. There have been no sales, purchases, changes in forms of assets of the Trust assets during this accounting period which are not readily understandable from the attached account. b. There are no unusual items of this account unless addressed further in this Petition. c. No compensation has been paid to Petitioner as fiduciary herein, or to Petitioner’s attorney, which are not pursuant to court order. d. Petitioner did not hire any agents who have a family or affiliate relationship with Petitioner during this accounting period. e. All cash has been invested and maintained in interest bearing accounts or investments authorized by law or by the governing instrument, except for an amount of cash that is reasonable necessary for the orderly administration of this estate. 8. Parties. The names and addresses of those affected by this Petition are as. follows: Marco Ferrero Carol Mitchell 1074 Leland Drive 1617 Carmel Drive Lafayette, CA 94549 Walnut Creek, CA 94596 Robert Mitchell, Esq. Marco Ferrero, Jr. Dean Spellman, Esq. 46 Phylis Drive 1850 Mt. Diablo Bivd., Suite 670 Pleasant Hill, CA 94523 Walnut Creek, CA 94596-4407 Nicholas Ferrero Natalie Ferrero 46 Phylis Drive 46 Phylis Drive Pleasant Hill, CA 94523 Pleasant Hill, CA 94523 Michael Cochrane, Esq. Caroline Hinshaw, Esq. King, King & Fishleder Bryan Hinshaw 555 — 12” Street, Suite 1440 425 California Street, Suite 900 Oakland, CA 94507 San Francisco, CA 94104 9. Request for Special Notice. No one has requested special notice in this matter. WHEREFORE, Petitioner requests that: 1. Notice of hearing of this account, report and petition be given as required by law; 4 Case No. PTR-05-287341 eee FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE, PETITION FOR FEES TO SUCCESSOR TRUSTEE AND FEES AND COSTS TO ATTORNEYBon Keancisca, CA 9410S SXOOTSKY & DEE LL? 90 New Montgumery Street, Suite 905 ow oN A WA e® WY NY ome oe BPRRPEERES bate FIDUCIRRY SVC Fax 5433679 Nov 2 2006 03:0¢pm pootvont € € 2. The Court make an order approving, allowing, and settling the attached third account and report of the Successor Trustee as filed; 3. The Court authorize Petitioner to pay herself as Successor Trustee $10,669.75 from the related probate estate assots; 4. The Court authorize Petitioner fo pay ERNEST FSDER, her attomey, $5,097.50 for legal services rendered to the Trust and $807.80 for costs advanced fo the Trust; and 5. Other relief that the Court deems proper. SO Dated: _/ov. 2, ROOC SS DEBRA J, DOLCH, Petitioner and Successor Trustee SKOOTSKY & DER LLP By: Emest F. Der, A Prof. Corp. Attomey for DEBRA J. DOLCH, ‘Petitioner and Successor Trustee VERIFICATION wy lam the Successor Trustee of the above-named trust. The account and petition are true of my own knowledge, except as to the matters that are stated in it on my information and belief, and as to those matters | believe them to be true. This account contains a full statement of all charges a against ine and all credits to which | am entitled in the estate during the accounting period I declare under penalty of perjury under the laws of the State of Califomia that the foregoing Is true and correct. Dated: MK A, Aooe OO EE_E ‘ DEBRA J, DOLCH, Te Petitioner and Successor Trustee 5 Cane No. PTR-05-287341 FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE: PETITION ono. FEES 10 SUCCESSOR TRUS TEE AND FEES AND COSTS TO ATTORNICHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Summary of Account For the Period From August 2, 2005 To September 30, 2006 CHARGES Inventory and Appraisal $ 924,287.04 Income Receipts (Schedule A) 33.89 Principal Receipts (Schedule A) - TOTAL CHARGES $ 924,320.93 CREDITS Income Disbursements (Schedule B) $ 5,815.30 Principal Disbursements (Schedule B) - Income Distributions (Schedule C) - Property on Hand (Schedule D) 918,505.63 TOTAL CREDITS $ 924,320.93 Page 1CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Receipts For the Period From August 2, 2005 To September 30, 2006 Schedule A Date Source Purpose Income Principat Interest 8/31/2005 First Republic Bank Checking Account 0.30 - 9/30/2005 First Republic Bank Checking Account 0.23 7/31/2006 First Republic Bank Checking Account 0.05 9/30/2005 First Republic Bank Market Rate Account 0.31 10/31/2005 First Republic Bank Market Rate Account 0.96 11/30/2005 First Republic Bank Market Rate Account 0.82 12/31/2005 First Republic Bank Market Rate Account 0.85 1/31/2006 First Republic Bank Market Rate Account 0.85 2/28/2006 First Republic Bank Market Rate Account 0.77 3/31/2006 First Republic Bank Market Rate Account 0.85 4/30/2006 First Republic Bank Market Rate Account 0.82 5/31/2006 First Republic Bank Market Rate Account 0.85 6/30/2006 First Republic Bank Market Rate Account 0.82 7/31/2006 First Republic Bank Market Rate Account 0.33 8/30/2006 First Republic Bank Market Rate Account 0.26 9/30/2006 First Republic Bank Market Rate Account 0.15 Refunds 9/23/2005 PG&E Closed A/C-Credit Balance 22.64 8/16/2006 Blum-Blackfield Insurance | Overpayment 2.03 TOTAL RECEIPTS 33.89 $ - Page 2CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Disbursements For the Period From August 2, 2005 To September 30, 2006 Schedule B Date Payee Purpose Income Pringipal Bank Charges 9/30/2006 First Republic Bank Bank Charge $ 10.00 $ - Insurance 8/12/2005 Blum-Blackfield insurance Personal Liability 315.00 6/27/2006 Blum-Blackfield Insurance Personal Liability 315.00 7/5/2006 Blum-Blackfield Insurance Fire Insurance 2,887.75 Professional Fees 4/5/2006 Jackie Gordon Probate Referee Fees 932.55 Repairs and Maintenance 6/8/2006 Max Valdovinos Gardener 290.00 7/11/2006 Max Vatdovinos Gardener 80.00 8/8/2006 Max Valdovinos Gardener 80.00 9/6/2006 Max Valdovinos Gardener 80.00 Taxes 10/11/2005 SF Tax Collector Property Taxes 825.00 TOTAL DISBURSEMENTS $5815.30, $ Page 3CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 For the Period From August 2, 2005 To September 30, 2006 rs Distributions Schedule C NONE Page 4CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Property on Hand ! For the Period From August 2, 2005 To September 30, 2006 Schedule D 9/30/2006 9/30/2006 ' Carrying Market Description Value Value Cash: FRB C/A#995-0006-0159 $ 856.99 $ 856.99 FRB M/A#995-0006-0167 1,098.64 1,098.64 Subtotal 1,955.63 1,955.63 Real Property: all that certain real property located at: 1601 Ulloa Street, San Francisco, CA 94116 907,000.00 907,000.00 Subtotal 907,000.00 907,000.00 Others: Fumiture and Furnishings 9,550.00 9,550.00 Subtotal 9,550.00 9,550.00 TOTAL PROPERTY ON HAND $918,505.63 $ 918,505.63 Liabilities: NONE Bank Reconciliation: FRB C/A #995-0006-0159 Balance Per Bank $ 856.99 Less: O/S Check : Adjusted Balance $ 856.99 Page 5& - & & CHARLES ACTIS REVOCABLE TRUST UTD DTD 11/2/04 Cash Summary For the Period From August 2, 2005 To September 30, 2006 Schedule E Income Principal Total Beginning Cash on Hand $ - $ - $ - Plus: Receipts 33.89 7,737.04 7,770.93 Total Cash Available 33.89 7,737.04 7,770.93 Less: Disbursements (5,815.30) - (5,815.30) Distributions - - Cash on Hand on September 30, 2006 $ (5,781.41) 8 7,737.04 _$ 1,955.63 Consisting of: FRB C/A#995-0006-0159 $ 856.99 FRB M/A#995-0006-0167 1,098.64 Ss Page 6SKOOTSKY & DER LLP 90 New Montgomery Strect, Suite 908 § a ancisco, CA 94108 ow Oo NDA HW F&F WwW NN woNM NW meee a a ERNEST F. DER (State Bar No. 154502) SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 905 San Francisco, CA_94105 Telephone: (415) 979-9800 Facsimile: (415) 979-9821 Attorneys for DEBRA J. DOLCH, Petitioner and Successor Trustee SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION IN RE: Case No. PTR-05-287341 CHARLES ACTIS REVOCABLE _| DECLARATION BY ATTORNEY RE: TRUST U/T/A DATED 11/2/2004 | FEES AND CosTS CROSSREFERENCE: PES-05-287457 Estate of Charles Actis |, ERNEST F. DER, hereby declare the following: 1. lam an attorney licensed in the State of California to practice law and am in good standing with the State Bar. My office is located at 90 New Montgomery Street, Suite 905, San Francisco, CA 94105. | am also a certified specialist in Estate Planning, Trust and Probate as certified by the State Bar of California Board of Legal Specialization. | represent the Successor Trustee in this matter. 2. As attorney for the Successor Trustee. | prepared all documents and represented the Successor Trustee in all aspects of this proceeding as required by law. During this period of accounting, | have performed the following !egal services which is listed on Exhibit "A" attached hereto and incorporated by reference herein. 3. During the period covered in this first account, | have spent 14.70 hours of 1 Case No. PTR-05-287341 DECLARATION BY ATTORNEY RE: FEES AND COSTS:SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 905 San Francisco, CA 94105 wo on A WN & BW NY = RN Se ewe me ee ee Se ee ee RBNRRRPBRRBBRRBSGaeAABDEBHR HS € € attorney time, at a rate of $275/hour and then $300/hour, for a total of $4,277.50. My paralegal spent a total of 4.10 hours of paralegal time, at a rate of $200/hour, for a total of $820.00. I therefore request fees in the amount of $5,097.50. 4, | also have advanced to the Trust a total of $807.80 in costs. A list of the costs advanced is included in the time sheets attached. Therefore, | am requesting that | be reimbursed $807.80 for costs. 5. The paralegals employed by my office are qualified as a paralegal under Bus. & Prof. Code §6450(c){3) and has complied with all other requirements under this section. | declare under penalty of perjury under the laws of the State of California that the Se > foregoing is true and correct. Dated: Vw 2, tee ERNEST F. DER, Esq. Attorney for DEBRA J. DOLCH, Petitioner and Successor Trustee 2 Case No. PTR-05-287341 DECLARATION BY ATTORNEY RE: FEES AND COSTSSKOOTSKY