Hearing: IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS/CONSOLIDATED WITH CASE NO. PES-05-287457

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Case Number: PTR-05-287341
Filing Date: Sep-11-2006 11:49
Juke Box: 001 Image: 01534718
PETITION FOR INSTRUCTIONS

IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC

001P01534718

Instructions:
Please place this sheet on top of the document to be scanned. (SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905

San Francisco, CA 94105

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ERNEST F. DER (State Bar No. 154502)
SKOOTSKY. & DER LLP

90 New Montgomery Street, Suite 905 San Francis
San Francisco, CA 04105 " Francisco County Sperior Geurt
Telephone: (415) 979-9800 SEP 14
Facsimile: (415) 979-9821 2006
GORDON
Attorneys for DEBRA J. DOLCH, PARK-LI,
Petitioner and Successor Trustee By Clerk
Deputy Cierk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO ok. fo Se
UNLIMITED JURISDICTION on 1of! ! af oly
IN RE: Case No. PTR-05-287341

(Related Case No. PES-05-287457)
CHARLES ACTIS REVOCABLE

PETITION FOR INSTRUCTIONS AND
TRUST U/T/A DATED 11/2/2004 FOR AUTHORITY TO SELL REAL
PROPERTY, FOR AUTHORITY TO
ENTER INTO EXCLUSIVE RIGHT TO
SELL AGREEMENT, AND FOR THE
POWER TO LIQUIDATE PERSONAL
PROPERTY LOCATED IN SUBJECT
PROPERTY

Hearing Date: OCT 1.6 2008
Time: 9:00 AM
Department: Probate, Room 204

PETITIONER, DEBRA J. DOLCH, Successor Trustee of the CHARLES ACTIS
REVOCABLE TRUST dated November 2, 2004 (‘Trust’), hereby alleges the following:

1. Will and Revocable Trust. CHARLES ACTIS (“Decedent’) died on April 26,
2005. A probate proceeding was opened and the “pour-over” will of CHARLES ACTIS

executed on the same date as the Trust, November 2, 2004, was submitted for probate
on July 25, 2005, under case number PES-05-287457. Decedent's will and Trust are

now being contested.

2. Special Administrator. Because Decedent's will and Trust were under

1 Case No. PTR-04-286579
PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO SELL REAL PROPERTY AND FOR AUTHORITY TO
ENTER INTO EXCLUSIVE RIGHT TO SELL AGREEMENT, FOR THE POWER TO LIQUIDATE

AND
PERSONAL PROPERTY LOCATED IN SUBJECT PROPERTYSKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905

San Francisco, CA 94105

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contest, Petitioner was appointed Special Administrator, without general powers by order
of this Court dated July 25, 2005, with Letters of Special Administration being issued on
the same date. In order to expedite the administration of the estate including having
assets appraised in order to determine whether estate taxes were owed, facilitating the
management of the real property to avoid waste, and to trigger the creditor claims period
until resolution of the dispute between the parties, Petitioner was granted general powers
by order of this Court dated September 20, 2005. At all times since, the Petitioner has
been serving as Special Administrator.

3. Successor Trustee. Petitioner was appointed Successor Trustee of the
Trust by Order of this Court on September 20, 2005 and at all times since then has been
serving in such capacity.

4. Principal Place of Administration. The principal place of administration for
this Trust is the City and County of San Francisco, State of California.

5. Trust Property Description. The primary asset of the Trust is the real
property commonly known as 1601 Ulloa Street, City and County of San Francisco, State
of California, APN Block 2418 Lot 001 (the “Property”), and described as follows:

BEGINNING at the point of intersection of the southerly line of Ulloa Street with

the westerly line of 17" Avenue; running thence westerly along said line of Ulloa

Street 32 feet 6 inches: thence at a right angle southerly 100 feet; thence at a right

angle easterly 32 feet 6 inches to the westerly line of 17° Avenue; thence

northerly along said line of 47" Avenue 100 feet to the point of beginning. BEING

a portion of Outside Land Block No. 1190.

The Property also contains all of the tangible personal property which has already
been appraised for $9,550.00. See Final Inventory and Appraisal, Attachment 2, Item No.
2.

6. Reasons For Sale Of Property. When Petitioner was first appointed,
Petitioner's counsel wrote to all counsel regarding the Property as a part of her duty
under Probate Code §16049. A true and correct copy of that letter is attached as Exhibit
“A” The responses received from Carol Mitchell's attorneys was to sell the property
immediately while Eva Knott’s attorney wanted Petitioner to do nothing since the matter

2 Case No. PTR-05-287341
PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO SELL REAL PROPERTY AND FOR AUTHORITY 10

ENTER INTO EXCLUSIVE RIGHT TO SELL AGREEMENT, AND FOR THE POWER TO LIQUIDATE
PERSONAL PROPERTY LOCATED IN SUBJECT PROPERTYSKOOTSKY & DER LLP

90 New Montgomery Street, Suite 905
San Francisco, CA 94105

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would be resolved soon. Petitioner exercised her discretion and retained the
unproductive property with the hope that it would be resolved in the following months.

Since her appointment, though, many discovery motions have been fited by the
parties, Petitioner has had to file a Petition to clarify her involvement in the litigation, and
the matter was referred to the pro bono mediation panel by this Court at the request of
the parties. Mediation did not result in a settlement. Currently there is a Motion for
Summary Adiudication set for hearing on November 28, 2006 at 11 AM in this
Department. In addition, there are additional depositions and discovery occurring.
Moreover, at the earlier hearing on July 18, 2006, the Court set a status hearing for
November 28, 2006 at 9 AM. At that upcoming hearing, the Court would refer this matter
to the Presiding Judge in order to set a trial date. Therefore, it is unclear when this
contest will go to trial or be resolved since no trial date has been set at this time.

Petitioner's counsel again requested input from counsel by letter dated July 19,
2006. Attached as Exhibit “B” are true and correct copies of the July 19, 2006 letter as
well as a response from Robert Mitchell, Esq., attorney for Carol Mitchell, requesting that
the property be sold immediately. A letter from Michael Cochrane, Esq., was also
received indicating that Ms. Knott did not want to have the property sold since she is the
primary trust beneficiary.

Lastly, the July 19, 2006 letter in Exhibit “B" indicates the Petitioner's concern that
the real estate market is becoming soft and uncertain meaning there may be some drop
in real estate values. Selling the Property now would secure the appreciation already
gained in the recent real estate market boom. Petitioner further believes that renting the
property now, even on a month-to-month basis, will decrease the sale value of the
property or cause the beneficiary, as determined by the litigation, to pay to evict the
tenant in order to move in, if so desired.

The Property is the primary asset of the Trust and it is not income-producing, it
has become a drain on the trust estate as it remains unoccupied, yet insurance,

maintenance, taxes, etc. still must be paid on it. In addition, since it has been
3 Case No. PTR-05-287341

PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO SELL REAL PROPERTY AND FOR AUTHORITY TO

ENTER INTO EXCLUSIVE RIGHT TO SELL AGREEMENT, AND FOR THE POWER TO LIQUIDATE
PERSONAL PROPERTY LOCATED IN SUBJECT PROPERTYSKOOTSKY & DER LLP
90 New Montgomery Strect, Suite 905

San Francisco, CA 94105

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unoccupied for over 15 months since Mr. Actis' death, the Property is exposed to the
problems that vacant properties in San Francisco have.

Until the will and trust contest is resolved, it would be in the best interest of the will
and trust beneficiaries, as determined by the litigation, that the Property be sold as soon
as possible so that the cash proceeds can be held and can start to be invested, rather
than devoting more money to maintain the Property with minimal or no return.

7. Powers Of The Trustee. Paragraph 10, Powers and Discretions of the
Trustee, states that:

The Trustee is authorized to retain in the Trust, for such time as it may deem

advisable, any property received by it, hereunder, whether or not of the character

permitted ‘by law for the investment of trust funds.
Paragraph 10 also states that:

The Trustee shall have the power, with respect to the property of the Trust Estate
or any part thereof, and upon such terms and in such manner as may be deemed
advisable, to sell, convey, and to lease for terms within or beyond the term of this
Trust and for any purpose...”

Further, Probate Code §16200(b) states that a Trustee “has the following powers
without the need to obtain court authorization:

(a) The powers conferred by the trust instrument.

(b) Except as limited in the trust instrument, the powers conferred by statute. . . .”
Probate Code §16226 states that a Trustee “has the power to acquire or dispose of
property, for cash or on credit, at public or private sale, or by exchange.”

While Petitioner has discretion as to whether to retain the Property or to sell it, that
discretion is not absolute and the exercise of that discretion should also consider the
Trustor’s intent. See Estate of Gross (1963) 216 Cal.App.2d 563 [income beneficiary of
trust could not compet trustee to sell farm land since trustor’s intent, as a real estate
investor, was to hold the farm !and for appreciation since it was near the outskirts of a
growing city]. The trust instrument makes clear that the residuary gift to Eva Knott was in
fact that, a residuary gift; there was no mention in the Trust instrument instructing the

Trustee to retain the Property for ultimate distribution to the named beneficiaries. Further,

4 Case No. PTR-05-287341
PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO sett REAL Ree AND FOR AUTHORITY TO.
ENTER INTO EXCLUSIVE RIGHT TO SELL AGREEMENT, Al THE POWER TO LIQUIDATE
PERSONAL PROPERTY LOCATED IN SGaecT PROPERTYSKOOTSKY & DER LLP
90 New Montgomery Street, Suite 905

San Francisco, CA 94105

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the Trust instrument describes the residuary gift as “[a]!l the rest, residue and remainder
of my estate of every kind and description, and wherever located .. . .” See Paragraph
8.B on page 5. Therefore, without any clear direction from the Trust instrument, Petitioner
has the discretion whether to hold or to sell the property and can exercise her discretion
to sell the property at this time.

Therefore, Petitioner is requesting instructions and the authority to sell the tangible
personal property contained in the Property and then seil the Property subject fo court
confirmation.

8. Real Estate Agent. If the Court should instruct and authorize Petitioner to
sell the tangible persona! property and the Property itself, Petitioner has selected a real
estate agent to list the Property for sale. GIAN MARCO MARTINELLI, with Coldwell
Banker, is experienced in making sales in San Francisco and is familiar with the :
requirements for court confirmation of sales. GAN MARCO MARTINELLI will place the
listing of this property in the multiple listing service, and will exercise great diligence and
effort in advertising the property in order to make the sale if an exclusive right-to-sell
agreement is entered into with said broker.

9. Exclusive Right-To-Sell Agreement. Petitioner desires to enter into an
exclusive right-to-sell agreement with GIAN MARCO MARTINELLI of Coldwell Banker,
for a period not to exceed 90 days, for a reasonable commission to be determined by the
Court at the time of the confirmation of sale, and requests the authority of this Court to

enter into such agreement. A copy of the Disclosure Regarding Real Estate Agency

Relationships, the Probate Listing Agreement, and the Probate Advisory, which Petitioner
wishes to execute, is attached and designated as Exhibit “C”.

10. 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

5 Case No. PTR-05-287341
PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO sett BEAL PROPERTY AND FOR AUTHORITY TO
ENTER INTO exetuee RIGHT TO SELL AGREEMENT, THE POWER TO LIQUIDATE

ID FOR
PERSONAL PROPERTY TOCATED| IN SSURECT PROPERTYSKOOTSKY & DER LLP
90 New Montgomery Street, Suite OS

Sep.

San Meancisev, CA 94108

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2006 12:26PM Skootsky & Der “We P27

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Robert Mitchell, Esq.

Dean Speliman, Esq.

1850 Met Diablo BNd., Suite 670
Walnut Creek, CA 94596-4407

Nicholas Ferrero
46 Phylis Drive
Pleasant Hill, CA 94523

David Friedenberg, Esq.
2171 Junipero Seva Blvd., Suite 620
San Francisco, CA 94014

Marco Ferrero, Jr.
46 Phylis Drive
Pleasant Hill, CA 94523

Natalie Ferrero
46 Phylis Drive
Pleasant Hill, CA 94523

11. Noone has requested special notice.

WHEREFORE, Petitioner requests the following:

1. An order authorizing DEBRA J. DOLCH, as Trustee of the CHARLES
ACTIS TRUST, to sell the Decedent's tangible personal property contained in the
Property;

2. Anorder authorizing DEBRA J. DOLCH, as Trustee of the CHARLES
ACTIS TRUST, to sell the Trust's interest in the real property commonly known as 1601
Ulloa Street, San Francisco, CA, and described above, subject fo court confirmation;

3. The authority to enter into an exclusive right-to-sell agreement with GIAN
MARCO MARTINELLI, of Coldwell Banker, for a period not to exceed 90 days fora
reasonable commission to be determined by the Court at the time of the confirmation of
sale; and : : ,

4. Whatever other relief the Court deems proper.

Dated: Dep Lag MY. Ze SEE

DEBRA J. DOLCH,
Petitioner and Successor Trustee

SKOOTSKY & DER LLP

Saf

By: Emest F. Der, A Prof. Corp.
Attomey for DEBRA J. DOLCH, Petitioner and Successor Trustee

Wt

6 Case No. PTR-O5-267341

PETITION FOR INSTRUCTIONS AND FOR AUTHORITY 1O SELL REAL PROPERTY AND FOR AUTHORITY TO

ENTER INTO EXCLUSIVE. RIGHT TO SELL AGREEMENT, AND FOR THE POWER TO LIQUIDATE

ERSONAL PROPERTY LOCATED IN SUBJECT PROPERTY.

sxooTsxy & DER LLP
90 New Montgomery Strect, Suite 905

San Wrancisco, CA 94108

. 8 2006 12:26PM = Skootsky & Der No. 2732 e. 8

VERIFICATION
| declare under penalty of perjury under the laws of the State of Califomta that the
foregoing is true and correct.

Ss es } Le SSL
f DEBRA J. DOLCH,
Petitioner and Successor Trustee

7 Case No, PTR-0S-287341

PETITION FOR INSTRUCTIONS AND FOR AUTHORITY TO SELL REAL PROT ER AND FOR AUTHORITY TO

ENTER INTO EXCLUSIVE RIGHT TO AGREEMENT, AND FOR THE POWER TO LIQUIDATE
PERSONAL PROPERTY LOCATED IN SULIT PROPERTYEXHIBIT “A”€
Law Offices of Ernest F. Der

A PROFESSIONAL CORPORATION

ERNEST F. DER, JO, LLM {TAX}
CERTIFIED SPECIALIST » ESTATE PLANNING, TRUST B PROBATE
CALIFORNIA STATE BAR BOARD OF LEGAL SPECIALIZATION

OT HOWARD STREET, SUITE 490,
SAN FRANCISCO, CA 94105.

TELEPHONE (415) 593-9944
FACSIMILE (415) 593-9951

INTERNET ERNEST@DERLAW.COM

August 13, 2005

Mr. David Friedenberg, Esq. Mr. Dean Spellman, Esq.
Attomey at Law Mr. Robert Mitchell, Esq.

2171 Junipero Serra Blvd., Suite 620 Spellman & Mitchell

Daly City, CA 94014 1850 Mt. Diablo Blvd., Suite 670

Watnut Creek, CA 94596

Re; Estate of Charles Actis, Case No. PES-05-287457;
Charles Actis Revocable Trust, Case No, PTR-05-287341,

Dear Messrs Friedenberg, Spellman and Mitchell,

Thank you for your responses regarding the tangible personal property and the
home. Your responses show that your clients are taking opposite positions — Ms. Knott
does not wish to sell anything and Ms. Mitchell does not object to sale of the residence
but desires that the tangible personal property be kept available. This leaves my client the
options listed below. You should also know that my client has had to obtain property and
fire insurance from California Fair Plan since there was no existing policy on the

property.

1) The property remains vacant until resolution of this matter. This option
will eliminate any storage costs for the tangible personal property but exposes the

property to the possibility of break-ins or unknown damage. This option may reduce the
value of the property if this matter is not resolved for several months.

2) Rent the property. My client has a duty to make estate assets productive.
Renting the property will allow her to fulfill her duty. However, this will mean that all of
the tangible personal property will need to be placed in storage, thus increasing costs to
the estate. Further, if the matter is resolved and the property distributed, whoever takes
the property will now be taking it subject to tenants’ rights. Moreover, if the property is
later sold, it will be sold subject to tenants’ rights which may reduce the sale value of the
property in light of San Francisco’s strict rent control ordinance and the difficulty in
Temoving tenants, even for a legitimate “owner move-in.”

Given the many recent articles about the imminent “bursting of the real estate
bubble,” the end of the hot real estate market may be coming soon. No one really knows
what impact that will have on the value of the property. My client and I want you andMr, David Friedenberg, Esq. *
Mr. Dean Spellman, Esq.

Mr. Robert Mitchell, Esq.

August 13, 2005

Page 2

your clients to be made fully aware of the consequences of the actions recommended by
your responses. As for Mr. Friedenberg’s request for a written confirmation that the
house and the tangible personal property will not be sold without Ms. Knott’s written
consent, my client would not take these specific actions unless there is a consensus

among the parties. However, if it appears that no consensus can be reached, this brings us
to our last option.

3) Petition for Instructions. If there is still no consensus on this issue, T
believe the appropriate action would be to petition for instructions from the court
regarding the house and the tangible personal property. Again, given the uncertainties of
the future real estate market and the problems inherent in renting the property, even for a
short-time, this may be the only real option.

As for Mr. Friedenberg’s request for a receipt for the house key and the bank
statements turned over to Pat from my client’s office, I would point out that the locks
have already been changed on the property and that the bank accounts referred to in the
bank statements have already been marshaled by my client and closed. I am unclear
whether a receipt is needed. However, if you would still like one, please let me know.

Please let me know your thoughts.

Sincerely,
ERNEST F. DER, A PROF, CORP.

Lv

Emest F. Der
ED:al

Copies: Ms. Debra J. Dolch, via facsimileLAW OFFICES OF

DAVID J, FRIEDENBERG
2171 JUNIPERO SERRA BOULEVARD

SUITE 620
DALY CITY, CA 94014

Telephone: (650) 755-6622 © — FAX: (650) 755-4312
August 8, 2005

Emest F. Der, Esq.

Law Offices of Emest F. Der
101 Howard Street, Ste. 490
San Francisco, CA 94105

Re: _ Estate of Charles Actis, Case No. PES-05-287457
Charles Actis Revocable Trust, Case No. PTR-05-287341

Dear Mr. Der:
_ This is in response to your letters of July 27, 2005 and August 4, 2005.

First of all, Eva Knott, who is the sole beneficiary of the Trust and Will of Charles Actis,
except for a specific monetary bequest to the children of Marco Ferrero, Jr. In addition to the
Revocable Living Trust and the Will, there are Declarations from numerous persons confirming
that Charles Actis was adamant that his personal and real property should be distributed to his
friend, Eva Knott, and not to his relatives.

There is plenty of money in the bank account, so there is no need whatsoever to sell or
dispose of any of the personal or real property. It would therefore be appreciated if you would
send me confirmation that notie of the real or personal property of Charles Actis will be disposed
of, unless you should receive prior written consent from Mrs. Knott.

Mrs. Knott informs me that on or about July 26, 2005 “Pat", who said she was
representing Debra Dolch, came to Mrs. Knott’s residence and received the key to Decedent’s
residence, his bank records and Washington Mutual stock certificates. Unfortunately, Pat did not
give Eva Knott a receipt for the items she received and I would therefore appreciate your having
Debra Dolch give Eva Knott a receipt for the items received by Pat from Mrs, Knott.

To my knowledge, and also Mrs. Knott's, there are no other assets other than the
aforementioned personal property and the residence, which is in the Trust. The other items are in
the estate as Mr. Actis never got around to transferring the bank accounts and stock into the
Trust, so that the only items in the Trust are the residence itself and the household furniture and
furnishings.Emest F. Der, Esq.
August 8, 2005
Page two

As for the Promissory Note to which you referred, it was paid off in full more than six (6)
months ago as evidenced by the Reconveyance and canceled check attached hereto.

If you are in need of any other information, or if Eva Knott or I can be of any further
assistance, please advise me.

Very truly yours,

DJF\ipm.
enclosure
cc: Eva KnottDEAN M. SPELLMAN
ATTORNEY AT LAW
1850 MT, DIABLO BL¥D., SUITE 670
WALNUT CREEK, CALIFORNIA 94596-4407
1928, YISSSRO
oe Fax (925) 938-5882
E-Mail: SPMILAW a SECGLOR AL NET

August 19, 2005

ERNEST F. DER

Attorney at Law

101 Howard Street, Suite 490
San Francisco, CA 94105

VIA FAX (415) 593-8951- HARD COPY:TO FOLLOW

Re: _ Estate of Charles Actis
Mitchell v. Knott

Dear Mr. Der:
This is in response to yours of August 13, 2005.

As to the personal property, please be advised that the list of items desired by the
family is a relatively short one. In my fetter to you of August 9" | did not mean to infer
that the family wanted to preserve all of the personal property.

Ona related matter, a friend of the decedent has requested the return of a
personal property item that belongs to that friend. The item is a Zambaglione Pan which
is a bell shaped copper pot used to make zambaglione. By copy of this letter 1am
requesting permission from Mr. Friedenberg for the release of that item. | would suggest
that a member of Ms. Dolch’s staff retrieve same from the house and make it available
to Mr. Actis' friend.

As to the real property, | see no solution cther than promptly selling same. This
matter will not be resolved quickly. 1am receiving substantial resistence from Mr.
Friedenberg as to various discovery responses and it is clear that such issues will not be
resolved quickly. Additionally, depositions, of which there will be a substantial number,
cannot begin until all of the preliminary discovery has been completed and all discovery
disputes resolved. The trust has no assets other than the real property, the residence
will only cost money at this time in terms of insurance, maintenance, taxes, etc. and
leasing the property is not a realistic option without substantial work first being done to
the residence. Even if the cash was available to place the property in proper rentable
condition, all of the issues that arise as a result of leasing i is simply not worth it - the
trouble far outweighs the benefit.

While my client recognizes that selling the property under the present conditions
does not maximize the return of that asset, given the present circumstances, it isERNEST F. DER
August 19, 2005

Page 2

believed that the real property shoutd be sold and the cash assets held until the final
resolution of this matter and to meet the expenses of administration.

Lastly, and | apologize for imposing upon you, but while Mr. Friedenberg did
forward to me a copy of his letter to you of August 8" (regarding what to do about real
and personal property), he has not provided me with a copy of his enclosures in that
letter (“Reconveyance [sic] and cancelled check” ) although requested to do so. | would
greatly appreciate it if your staff would be so kind as to simply fax to me a copy of the
enclosures you received with Mr. Friedenberg’s letter of August 8"

Sincerely,
>) (—__
DEAN M. GPELLMAN

DMS:mm

cc: David Friedenberg
Via fax (650) 755-4312 - hard copy to follow
Client{ Cc LAW OFFICES OF ‘

DAVID J. FRIEDENBERG
2171 JUNIPERO SERRA BOULEVARD
SUITE 620
DALY CITY, CA 94014

Telephone: (650) 755-6622 ° — FAX: (650) 755-4312

August 22, 2005

By facsimile and mail
(415) 593-9951

Ernest F. Der, Esq.

Law Offices of Ernest F. Der
101 Howard Street, Ste. 490
San Francisco, CA 94105

Re: Estate of Charles Actis, Case No. PES-05-287457
Charles Actis Revocable Trust, Case No. PTR-05-287341

Dear Mr, Der:

In response to your letter of August 13, 2005, it will not be necessary to provide my client
with receipt for the key and bank statements.

In reply to the fax/letter of Dean Spellman, dated August 19, 2005, please be advised that
Eva Knott fully expects to prevail in this matter and is adamantly opposed to the Actis residence
being sold at this time. As you know, there is plenty of cash in the estate account to take care of
any monetary needs of the estate. Furthermore, the house is not in any condition to be sold or
rented at this time, as it needs a thorough cleaning, trash removed, etc. If and when the house is
ever sold, it will probably require painting and other repairs as well.

Contrary to what Mr. Spellman said, i expect the triai in this matter will be held this year.
Much discovery has already been exchanged but it is Mr. Spellman, not J, who is dragging his
feet. Depositions will commence shortly, ©

Meanwhile, if you think it advisable to rent the property on a month to month basis or a
short lease (6 months to 1 year), my client is open to that suggestion. However, as I said above,
the residence will have to be thoroughly cleaned before that could take place.Ernest F, Der, Esq.
August 22,2005
Page two

. Regarding Mr. Spellman’s request for the Zambaglione Pan, Mrs. Knott has no objection
to said item being returned to the rightful owner, if it can be found. She would request though,
that said person submit a written request for said pan and the basis of his claim for ownership.

Also, please be advised that I have provided Mr. Spellman with a copy ef the enclosed
from my letter of August 8, 2005 (the reconveyance and canceled check).

I would als6-like to remind you that, if it has not already been done, an insurance policy
covering fire, etc. for the residence should be obtained asap.

Please advise if I can be of any further assistance.
all

David J. Priedenberg

fe

DJF\pm
ce: Eva Knott
Dean Spellman, Esq.EXHIBIT “B”s
C iC Seth M. Skootsky

‘SKOOTS KYQD ER LLP SGA

Ernest F. Der

A PROFESSIONAL CORPORATION

CERTIFIED SPECIALIST - ESTATE PLANNING, TRUST & PROBATE
CAUFORNIA STATE BAR BOARD OF LEGAL SPECIALIZATION.
LLM TAXATION

July 19, 2006
VIA FACSIMILE ONLY
Mr. Robert Mitchell, Esq. Mr. George King, Esq.
Spellman & Mitchell Mr. Michael Cochrane, Esq.
1850 Mt. Diablo Bivd., Suite 670 King, King & Fishleder
Watnut Creek, CA 94596 555 — 12” Street, Suite 1440
Fax: (925) 938-5882 Oakland, CA 94607

Fax: (510) 444-3401

Mr. David Friedenberg, Esq.
Attorney at Law

2171 Junipero Serra Bivd., Suite 620
Daly City, CA 94014

Fax: (650) 755-4312

Re: Estate of Charles Actis, Case No, PES-05-287457;
Charles Actis Revocable Trust, Case No. PTR-05-287341,

Dear Counsel,

{ was not able to attend the July 18" hearing but did review the minI-
minutes for the hearing. Since it appears that status has been continued to
November 28" and Judge Dearman will refer this matter to the Presiding Judge
for trial at the November status hearing, the trust real property located at 1601
Ulloa Street, which has been vacant since Mr. Actis’ death on April 26, 2005, will
continue to remain vacant for the next nine to twelve months until the matters are
resolved.

| would like to renew my suggestion that the property be sold at this time.
The real estate market has become softer and the opportunity to sell the property
prior to the slower Winter real estate sales season, will be closing in the next few
months. By selling now, this will lock in the value of the property rather than
waiting to see what real estate prices will be in one year's time.

The last item | want to bring to you all is the fact that Derek Luu still has
not retrieved the ceramic figures Mr. Friedenberg and Mr. Mitchell agreed
belonged to Mr. Luu. He has not contacted my client about picking up these

90 New Montgomery Street, Suite 905 | San Francisco, CA 94105
Telephone (415) 979-9800 | Facsimile (415) 979-9821 | www.skootskyder.com. € (C
- SKOOTSKYQZDER LLP

All Counsel

July 19, 2006
Page 2

figurines and I wondered whether any of you might be able to contact him about
these items.

! look forward to your prompt responses.
Sincerely,
SKOOTSKY & DER LLP

SiwRD>

Emest F. Der, A Prof. Corp.
ED:bf

Copies: Ms, Caroline Hinshaw, Esq., via facsimile
Ms. Debra J. Dotch, via facsimile07/31/2086 15:45 9259385882 SPELLMAN & MITCHELL PAGE @1

SPELLMAN & MITCHELL
ATTORNEYS AT LAW
. 1850 MT. DIABLO SLYD., SUITE 670 .
DEAN M, SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT 8. MITCHELL — Fox (925) 938-5882
E-Matt: SPMILA W@SBCGLOBAL.NET

July 31, 2006

SKOOTSKY & DER, LLP

Attn: ERNEST F, DER

90 New Montgomery Street, Sulte 905
San Francisco, CA 94105

VIA FAX (415) 979-9821 - HARD COPY TO FOLLOW

Re: Estate of Charles Actis
Case Nos. PTR-05-287341 and PES-05-287457

Dear Mr. Der:

Dear Mr. Der:

In our telephone conversation of thls date, you Informed me that you had not
recelved a response from Ms. Knott or her counsel In connection with your recent
request regarding the selling of Mr. Actis' residence. | also note that more than ten (10)
days have passed since you forwarded your Inquiry to all parties In this matter,

As you know, our client's response was that the subject real property should be
sold immediately, Further, | refer you to Mr. Spellman’s letter to you of fast year dated
August 9, 2005, in which It was urged at that time that the subject real property be sold.
Unfortunately, it was your client's decision not to do so at that time.

We now find ourselves twelve (12) months later and nearly fifteen (15) months
since the decedent expired and the house remains a drain on the estate. Looking
forward, we have at least six (6) more months before the trial in this matter begins. Itis
certainly uncertain as to when a final decision will be made.

Clearly it is wasteful not to sell this real property immediately. Ms, Knott's failure
to timely respond to your latest Inquiry appears to be a continuing attempt to forestall the
Inevitable. She objected to the sale last year and this year she simply chooses to ignore
your Inquiry. Further, your observation as to the season for selling this property is correct
and time {s running out as to that most opportune period. Consequently, demand Is
hereby made upon you to either (1) immediately list the property for sale, or (ii)
immediately seek instructions from the court to do so.

In connection with any sale, the Issue of personal property within the residence
remains unresolved and discussions should be conducted as soon as possible as to that
subject., 97/31/2806 15:45 " s259385882 SPELLMAN & MITCHELL PAGE 82

SKOOTSKY & DER, LLP
Attn: ERNEST F, DER
July 31, 2006

Page 2 -

Lastly, | ask that you keep precise tIme records regarding your work and the work
of your cflent in connection with obtaining permission to sell the subject residence. As
we expect to fully prevail in the underlying action, we will be seeking reimbursement
from Ms. Knott as to all costs and fees Incurred In a varlety of matters, not the least of
which will be the need to obtain court approval to dispose of this property.

Sincerely,

Otstated By Tho Yiriter,

Signed end Mailod tn His

Atvtornrs To Avoid Ostay.
ROBERT B. MITCHELL

RBM:cg

ec; Michael Cochrane via fax,
Hard copy to follow (610) 444-3401
Caroline Hinshaw via fax,
Hard copy to follow (415) 296-0812' 88/03/2005 16:42 srotaash_ Cc PAGE 82/82

. 1
: :
t
os me LAWorricener ow . “ be
KING, KING & FISHLBDE)
APROFessional CORPORATION .
‘THO S49. CITY CENTER BUILDING
S59 TWELPTH STRERT, SUITE 1449
George Kien . Telephone (316) 644-3400 |
Mare G. Fishister OAKLAND, CA sastr-so4e Pacolmite (310) 44463401 i
Michedl J. Cochrone .
———_— . Writer's Direct Diet
and RoMait Addtors ;
Daniel A, King (1940-2003) 9) 860-9616 t
mikeghetlew.oet

. August 3, 2006
VIA FACSIMILE AND U.S. MAIL
Ernest F, Der, Esq.
Skootsky & Der, LLP

90 New Montgomery Street, Suite 905
San Francisco, CA 94105

Re: -Carol Mitchell v, Eva V, Knott, et al
San Francisco County Superior Court Case No.: PTR-05-287341

Dear Mr. Der:

Ms. Knott, as the primary legatee of the Estate of Charles Actis, does not desire to sell the real
property located at 1601 ‘Uliog Street, San Francisco, California. Tf you have any questions,
please contact George King or me at yowt convenience,

ce: = Eva Knott
Robert B. Mitchell, Esq.

BAWiPWw3523-IILar Der 060803.wPdEXHIBIT “C”; SEP-7-20065 15113 q eLL-sn FRANCISCO C 4154478714 P.@2

“¢ S CALIFORNIA BROBATE LISTING AGREEMENT
OF REALTORS® Under Authority of the Probate Code

4. EXCLUSIVE RIGHT TO SELL: Dabra J. Dolch, as Trustee .
the court-appointed representative of tha [J estate, (] conservatorship or [x] guardianship Identified by Superfor Court case

name as Charles Actis case #
(Seller), hereby employs and grants Coldvell Banker R.E. (‘Broker’) the exclusive and frrevocable right,
commencing on (date) | September 8, 2006 and expiring at 11:59 P.M. on (date) December 7, 2006
("Listing Period’) (not to exceed 90 dey2), to sell or exchange the real property in the City of San Francisco .
County of §an Francisco , California, described as follows: 1601 Ulloa St.

San Francisco, CA_ 94116 (‘Property’).

2 COURT CONFIRMATION of any sale [2] Ie required (limited authority), [_] may not be required (fut authority).
3 TERMS OF SALE:
A. LST PRICE: The listing price shall be:

(s )
B. PERSONAL PROPERTY: The following Items of personal property are included in the above price: none _

. ADDITONAL TERMS: sold jn ASIS conditions (presentetphysical), Buyer to pay for all
closing costs, title insurance, transfer taxes,energy upgrades (ineluding water heater)
amoke alarms.

4. MULTIPLE LISTING SERVICE: Information sbout this listing Cx] wit, L) wit not, be provided to a muttiple listing service
("MLS") of Broker's selection and all terms of the transaction will bo provided to the MLS for publication, dissemination and use by
persons and entities on terms approved by the MLS. Selter authorizes Broker to comply with efl applicable MLS utes.

5, TITLE: Seller warrants thet tile to the Property is as follows: az sasued by Old Republic Title Co,K. Nexud
#$4002249116, 265 Montgomery St SF “

6 COMPENSATION TO BROKER:

Notice: The amount er rate of real estate commissions Is not fixed by law. They are set by each Broker

Individually and may be negotiable between Seller and Broker. (Loca! court rules may establish maximum

permiasible amounts.)

A. Seller agrees to pay to Broker from the proceeds of the sale, a3 compensation for services, Irraspective of agency
retationships, and subject to Califomia Probate Coda, or an amount determined by the court, either fH __€.000
percent of the sales price, ORD] $ _sc00ncewonceexae , AND xx ODODOGOOGKIE,

If Broker, cooperating broker, Setter, or any other person, produces a buyer who purchases the Property on the above price
and terms or any ather terms and conditions acceptable to Seller during the Listing Poriod ar any extension.

B. Broker fs authorized to cooperate with other brokers, and divide with other brokers the above compensation in any manner
acceptable to Broker, or 83 allowed or determined by the Court,

C. Solter warrants that Selle has no obtigetion fo pay compensation to any other Broker regarding the transfer of the Property
except none .
Hf the Property fs sold to enyone listed above during the time Selier Is obligated to compensate another broker: (a) Broker is
not entitied to compensation under this Agreement; and (b) Broker Is not obligated to represent Seller with respact ta such
transaction.

Seller and Broker acknowledge receipt of copy of this page, which con) age 1of __2__ Pages.
Seller's initials (__ ) Broker's Initials ( ( )

TUis FORM HAS BTEN APPROVED BY THE CALPORNA ASSOCIATION OF REALTORS (CAR). NO
"FRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON.

MADE AS TO THE LEGAL VALIOMTY Of ADEQUACY OF ANY
{STATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAK ADVICE,

Published and Distrixted by;
REAL ESTATE BUSINESS SERVICES, INC.
ehacast” — W ubsKory of the Celtorrie Associaton of REALTORS®
525 South Virgll Avenue, Los Angotes, Caltomia XOREVISED 40/99
oa . EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL PROBATE (PL-11 PAGE 1 OF 2)
Coldved Doster Baa ROL Sven WL Lombus hh ——« Sanimatice Ca $A12T Prove (415440122 rex (aT CAB Ved ateSEP-@7-2006 15313 Qa FRANCISCO C 4154478714 P.@3

_ Property Address: 24226 Date: oaseasznos,
7. BROKER'S AND SELLER'S DUTIES: Broker agrees to exercise reasonable effort and due ditigence to achieve the purposes of
this Agreement, and is authorized lo advertise and market the Property in eny medium selected by Broker. Seller agrees to
consider offers presented by Broker, and to act in good faith toward accomplishing the sale of the Property, Seller further agrees,
regardless of responsibility, to Indemnify, defend and hold Broker harmless from alll claims, disputes, litigation, Judgments and
attomey’s faes arising from any Incorrect information supplied by Setler, whether contained In eny document, omitted therefrom, or
otherwise, or from any material facts which Seller knows but falls to disclose.

8. AGENCY RELATIONSHIPS: Broker shell act as the agent for Seller In eny resulting transaction. Ospending upon the
circumstances, It may be necessary or appropriate for Broker to act as an agent for both Seller end buyer, exchange party, or ona
or more additional parties (‘Buyer’). Broker shall, a8 s00n as practicable, disclose fo Seller any election to act as & dual agent
representing both Seller and Buyer, Ifa Buyer fs procured directly by Groker of an associate licensee In Brokers firm, Seller hereby
consents to Broker acting as a dual agent for Seller and such Buyer. In the event of en exchange, Seller hereby consents to Broker
collecting compensation from additional parties for services rendered, provided there Is disclosure to alt perties of such agency and
compensation. Seller understands thet Broker may have or obtain listings on other properties, and that potential buyers may
consider, make offers on, of purchase through Broker, property the same a9 oF similar to Setta’s Property. Seller consents to
Broker's representation of sellers and buyers of other properties before, during, and after the expiration of this Agreement.

9. DEPOSIT: Broker is authorized fo accept and hold on Seller's behalf a deposit to be applied toward the sales price.

10, LOCKBOX:

A. A lockbox ig designed to hold 9 key Io the Property to permit access to the Property by Broker, cooperating brokers, MLS
participants, their authorized licensees and representstives, and accompanied prospective buyers.

B. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS® are not Insurers against theft, loss, vandalism or
damage attributed to the use of a lockbox. Seller is advited to verify the existence of, or ebtaln, appropriate insurance through
‘Setier’s own insurance broker.

C. (ifechecked:) L) Seller authorizes Broker to install 2 fockbox. It Spiier does not occupy the Property, Seller shail be responsible
for obtaining oecupant(s)' written permission for use of a lockbox.

41. SIGN; (If cheeked:) [X] Selfer authorizes Broker to install a FOR SALE/SOLD sign on the Property.
42, EQUAL HOUSING OPPORTUNITY: The Proparty Is offered in compliance with federal, state, and locat anti-discrimination taws,

43, ADDITIONAL TERMS: 211 cash sale, offers w/10%(tan) cashier check, Seller ig ted from
Probate Advi AR. Form 1)all disclosures, there are no warranties ress: lied
whatsoever.beller reserves the right to reject any or #11 bide oF offers, whatsoever.
Buyer to Use Old Rey ie es escrow Co, Total commission to be split 50/50 batwenn

listing broker agancy(selier) & final successful salling broker agency (buyer). All
bids _to be reviawed Trst Attorn ior final court date.

44. ENTIRE CONTRACT: All prior dlecussions, negotiations, and agreements betwoon the parties conceming the subject matter of this
Agreement ere supereaded by this Agreement, which constitutes the entire contract end # complete and axctusive expression of
thelr agreement, and may not be contradicted by evidence ‘of any prior agreement or contemporaneous oral agreement. This

ent end any supplement, addendum, or medification, Inckiding any photocopy or facsimile, may be executed in
counterparte. :

Salter warrants that Soller has the authority te execute this agreement.

Soller acknowledges that Seller has read and understands this Agreement, and has recetved a copy.

Date 09/06/2006 at__ San Francisco ___ , Californias Cate at , Califomia

By
D.d.bolch, as Trustee

Court-Appointed Representative(s) of of the Betty 2, Fisher Trust

Address 167, South Park Address

City, State, Zip San Francisco, Ca 94207 ____ City, State, 2)

Phone/FaxEmall 415 5¢3.2221/ 543 9679 Phone/FawE|

Real Estate Broker (Firm) By (Agent) Date 09/08/2006,

Adaress 2802 Lombard st

Clty gan Francisco State Ca Zip __ 94123 Phone 447 2
FaxfEmail 447 9984

‘This form Is evatatie tor uve by the ence cual onlay * REVISED 10/99 +17 OFFCEUEROMY + I

Raters See teeing ec ech mer be ob¢d 24 Page 2 of __z__ Pages. evved by rok cr Donors

rambara ot 3 NATIONAL ASSOCIATION OF TORS® wre Ome <<" wat d Seat

EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL PROBATE (PL-1 41 PAGE 2 oF 2)SEP-@7-2006 15114 ( HELLSAN FRancISCO C 4isaaza7ia4 P24

, CALIFORNIA
gs asrocuarion ror rotate, Carertoahip and
wy OF REALTORS” Guardianship Propertion,
1601 Ulloa St.
The sale of the Property described as (address) Ban Francisco, CA__ 94126

'
pursuant to the attached Probate Listing Agreement (C-A.R, form PL-11) is made under aul nity of the Califomia Probate
Code. The Seller is not the title owner, but instead Is 2 Tepresentatve of a probate estate, a guardianship or @
conservatorship. The salé may require @ court order, Many obligations imposed upon sellers, particularly sellers of real
property containing one-to-four dwelling units, may not be applicabie to the sale of this property. However, even though the
seller [Is exempt from many obligations, the seller must still comply with many others. Further, any real estate licensee
representing Buyer or Selier in the transaction may have duties independent of the principals. This Advisory is Intended to
inform Buyer and Seller of thelr rights and obligations independent of those establis! by the attached agreement.

EXEMPTIONS;

1. TOS, NHD, Metio-Roos: Sclier !s exer: from providing Buyer with the Real Estate Transfer Disclosure Steternent
DS), Natural Hazard Disclosure Statement (NHD), and a Mello-Roos district lien disclosure, pursuant to California
vil Code either for “transfers pursuant to court order” or for “transfers by a fiduciary in the course of the administration

2. EFerthquake Guldes: Seller Is exempt from providing either a Homeowner's or Commerclal Property Owner's Guide to
Earthquake Safety.

3. Smoke Detectors: The sale js exempt from the State urements that, for single familly residences, operable smoke
detectors be in place and that a written statement of compliance be provided to Buyer.

REQUIREMENTS:

4. Disclosures: Seller Is notexempt from common law and statutory duties concerning fraud and decelt, even though the
specific TDS form Is not required to be completed. Seller remains obligated to disclose known material facts affecting
the value and desirability of the property.

2. Hazard Zones: Seller Is not exempt from applicable statutory obligations to disclose earthquake fault zones, seismic
hazard zones, state fire responsibility areas, very high fire hazard severity zones, special flood hazard ereas and flood
hazard zones pursuant to the Public Resources Code, Govemment Code and United States Code, even though,
pursuant to the Civil Code, the specific NHD form is not required to be completed.

3 Water Heaters: The sale fs not exempt from the State requirement that water heaters be properly anchored, braced or
‘strap }

4. Lead-based Paint: The Setter fs x from the federal obligation ta (i) disclose known lead-based paint and
lead-based paint hazerds, (il) provide Buyer coples of reports or studies covering lead-based paint and hazards on the
property, (ili) provide Buyer with the pamphlet “Protect Your Family From Lead In Your Home," and {iv} give Buyer a
40-day opportunity to inspect for lead-based paint ‘and hazards, if the Property contains residential dwelling units and
was constructed prior to 1978.

6. Data Base Disclosure: The sale Is not exempt from the requirement that residential safes contracts contain a notice
tegarding the availability of Information about registered sex offenders.

Soller acknowtedge receipt of copy of this pags, which constitutes Page 1 of _2__ Pages.
Sellers Initisis ( (— —)

stut8 FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR). NO REPRESENTATION IS MADE AS TO THE LEGAL VASICITE OR
AQEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON ‘QUALINED TO ADVISE ON REAL ESTATE
‘TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE P

seers natgale for une byte ort rea aaais hier. trax tended lo erly But vier 96» REALTOR, REALTOR® a regard cofactve mersbehip mak
which may be ured oely by monibare of ta NATIONAL ASSOCIATION OF REALTORS® who avbscrine lots Code Of shee.

‘The vopyrignt tawe of the United Slates (Tite 17 U.S. Coca) forbid the unsuthosizad roproduetion ofthis fst, oF ary portion thareef, by photocopy wrechine oF any other ERNE,
wnickuting facsimile or computerized formats, Copyright © 1988, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.

i: Published and Diatribuled by!

OFFICE USE ONLY:
Pa ,, | REAL ESTATE BUSINESS SERVICES, INC. Raviewed by Broker
w aubaidiary of the CALIFORNIA ASSOCIATION OF REALTORS® = Revigen 1000 or Designt®
S25 South Virgl Avenue, Los Angelas, Califomis 90020 Date pase

C7
PROBATE ADVISORY (PAL-11 PAGE 1 OF 2)

Chen Merce Manisefit
Cokdecll Banker Ran RE Svcs 1901 Lombard Baa Francine CA 8125 Phone: (415067122, Daa: (ANSHATEA Cal Viacl atwoe

SEP-Q7-2006 15314 GEL FRANCISCO C 4154478714 =P. 8S
- 1601 Ulloa &t.
Proparty Address: Sart Prancisoo, CA 94116 Date: 09/08/2006.
6. Tax Withholding: The safe Is not exempt from the obligation of the buyer to withhold a portion of the purchase price

7

under federal law if the transferor is a “foreign person* or under state law if the transferor had a last known street
address outside of California, Federal: For federal purposes, 8 non-resident alien includes a fiduciary. An administrator
or executor of an estate Is treated as a non-resident even if all beneficiaries ara citizens or residents of the United
States. State: if the decedent was a Califomia resident at the time of death, the estate is treated as a California
resident regardiess of the resKency of the executor or administrator.

Brokers: .

A. Inspection: The sale Is xempt from the Brokers obligation to conduct a reasonably competent and diligent
visual inspection of the accessible areas of the property and disclose to Buyer material facts revealed by such an
inspection #9 the sale of residential property containing one-to-four dwelling units. Brokers may go so on CAR.

rm .

B. Agency: The sale Is not from the obligation to provide agency relationship disclosure and confirmation
forms in the sale of fential property containing cnesto-our ewelling units,

Local Law: Local law may impose obligations on the transfer of real broperty (such as the Installation of tow flow tolets

2.

3.

Date 09/08/2006 Data

Seller : Seller

or shower heads, or installation of smoke detectors). Loca! law should be consulted to determine if sales made under
the authority of the California Probate Code are exempt from such requirements.

Death: If the Property Is being sold under authority of the Probate Code because of the death of an owner of the
Property and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any
specific questions to the executor or administrator of the estate.

Stock Cooperatives: If the Property Is part of a stock cooperative {Co-p), Buyer mey be required to seek approval of
the Board or Owner's Association of the Co-op prior to transfer of title. If this Is not a contingency of the sale, failure of
Buyer to gain approval of the Co-op board will not provide grounds for cancellation or rescission of the sale.

Court Confirmation/Independent Authority:

The representative of a decedent's estate may receNve authority to sell the Property under the Independent
Aeministration of Estates Act (REM. In order to do so, the representative must first  Pettton the Probate Court. The
Petition may be made at the Uma the representative is approved or any other time. Notice of the Petition is given to
heirs, devisees. executors and other Interested persons, any of whom may object.

If (AEA authority Is granted it may be full or limited. if onty limited authority has been granted, the sale must be
confirmed by the court. If full authority has been granted, the representative must first give a notice of the proposed
sate to the devisees end heirs of the decedent end other In