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Case Number: PTR-05-287341
Filing Date: Sep-06-2005 2:21
Juke Box: 001 Image: 01278678
GENERIC PROBATE PLEADING
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01278678
Instructions:
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DEAN M. SPELLMAN, #060042
1850 Mt. Diablo Blvd., Ste. 670 Ee
Walnut Creek, California 94596-4407 5
Telephone: (925) 938-5880
Attorney for CAROL MITCHELL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
INRE REVOCABLE LIVING TRUST Case Number PTR-05-287341
DATED NOVEMBER 2, 2004,ANDWwitl. DISCOVERY
DATED NOVEMBER 2, 2004
335 STATEMENT OF DEMANDS AND
ANSWERS IN CONTENTION
CAROL MITCHELL, Date: September 29, 2005
Time: 10:30 a.m.
Petitioner, Dept. No: 612
Filing Date: May 4, 2005
vs. Judge: John Dearman
Trial Date: Not Assigned
EVA V. KNOTT, Trustee and Beneficia’
under the REVOCABLE LIVING TRUS’
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary
and NATALIE FERRERO, a minor and a
will and trust beneficiary,
Respondents.
COMES NOW petitioner CAROL MITCHELL and pursuant to California Rule of
Court 335, submits the following statement of demands and answers in contention.
|. INTRODUCTION
While this 335 Statement appears daunting due to its length, with a little
explanation, it will become hopefully quite easily and quickly understood.
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONao en DH ® WH =
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First, there is only one (1) basic dispute: Responding Party's failed to fully
respond to interrogatories asking her to set forth facts known to witnesses identified by
Responding Party. While Responding Party provided the facts known to some of her
witnesses, she did not set forth facts known to her other witnesses.
Second, due to respondents constant referral back to previous answers and
supplemental answers, the answers of respondent get lost. However, in an effort to
provide this court with a clear path, the court should first recognize that the six (6)
interrogatories which are the subject of this motion is really the same question with a
slight variation. The interrogatories ask what respondent's witnesses knew that support
respondent's contention that the decedent was not subject to undue influence when he
executed his August will (Interog 2), when he executed his November will (Interog 4) and
when he executed his Trust (Interog 6). The next three (3) interrogatories ask the same
question but instead of undue influence, the questions are directed to decedent's
mental competence (Interogs 8, 10 & 12).
The complaint as to respondent's answers to all of these questions is that she
failed to provide answers to all of the witnesses she identified.
Il. INTERROGATORIES AND ANSWERS
2a. Special Interrogatory No. 2:
As to each person identified in your answer to the preceding interrogatory, please
state each and every fact that you understand each such person has knowledge of
regarding the alleged fact that Charles Actis was not subject to undue influence at the
time he executed a will dated August 16, 2004.
(Response To Special Interrogatory No. 1:
a. David J. Friedenberg, Esq. 2171 Junipero Serra Blvd., Ste.
620, Daly City, CA 94014; (650) 755-6622
b. Eva Knott, 2100 36" Avenue, San Francisco, CA 94116;
(415) 753-5937
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONonmn mW a BF WHY =
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Harry Leu, M.D., Kaiser San Francisco, Dept. of
Orthopedics, 450 6" Avenue, San Francisco, CA 94118
Charles Vella, PhD., Kaiser Med Ctr., Dept. of Psychiatry,
4141 Geary Blvd., San Francisco, CA; (415) 833-3146
Harold Vincent McCarthy, 1600 Ulla Street, San Francisco,
CA 94116; (650) 245-1005
Claudette McCarthy
Barbara Simon, P.O. Box 460490, San Francisco, CA 94146;
(415) 285-3233
Georgia Louropoulos, 1627 Ulla Street, San Francisco, CA
94116
Chantay Allmond, 21 Shelborne Avenue, Daly City, CA
94015
Joseph Masio and Eithne Cummins, 1645 Ulla Street, San
Francisco, CA 94116
Timothy Dudley, 1651 Ulla Street, San Francisco, CA 94116
Livier Alberdi, 1633 Ulla Street, San Francisco, CA 94116
Derick Luu, 2451 17" Avenue, San Francisco, CA)
2b. Response To Special Interrogatory No. 2:
See Declaration of b.,c.,d, e., g., h.. andj. above. David J. Friedenberg, Esq.
interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and
Claudette McCarthy, neighbors of Charles Actis’ for many years; Chantay Allmond,
nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins,
neighbors; and Derrick Luu, neighbor.
Supplemental Response to Special interrogatory No. 2:
See Declaration and Supplemental Declaration of Harold Vincent
McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they
state that it was their belief that Charles Actis was capable of making his own
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONon n Oo nO F Ww HY =
mw mM HYNH DY =| =e & Be we we we ew ow
SB &’sSsaRPASORBRBSEaxaXTaaESBEHR TS
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decisions as to his physical and financial matters and that he did not need a
Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to
the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts
including his belief that Charles Actis felt his half-brother had cheated him out of
his inheritance and he did not want to leave any of his estate to him or any of his
children. Included in his statements in said Declaration is the fact that Charles
Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he
believed were just waiting for him to die in order to get his money. Mr. McCarthy
also states that Charles Actis told him that Eva Knott was a good friend and had
been helpful and considerate to him, whereas his family had not. In fact, he
stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott,
instead of to his family, that he would consider marrying her if necessary, to avoid
the possibility of his family contesting his Will. In addition to to [sic] said
Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse
from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis
in executing either the Will dated August 16, 2004 or the Revocable Living Trust
and Will dated November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was the subject of
undue influence, and that he was at all times herein capable of making his own
decisions as to his personal and financial needs, Also, attorneys David J.
Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and
determined that he was well aware of what he was doing and competent to
execute the Wills and Trusts herein, and that he was not acting under the undue
influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara
Simon, which have been previously provided to you, also set forth many facts to
substantiate the fact that Charles Actis was mentally competent and not subject
to undue influence when he executed the Trust and Wills herein.
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONoOo ont oO a FB WwW NN
10
2c. Argument
Simply stated, this interrogatory requires Responding Party to state each and
every fact which respondent understood her identified witnesses possessed as to the
issue of Mr. Actis and undue influence. Of the fourteen (14) names identified,
Responding Party ultimately failed to provide any facts for four (4) of those witnesses:
Claudette McCarthy, Timothy Dudley, Livier Alberdi and Derick Luu. (See Meet and
Confer letters 8/5 & 8/22, {9 (Exhibits “D” and “F”, respectively). Responding Party
cannot simply answer the question as to some of her witnesses and ignore the question
as to others. Responding party was advised in the meet and confer letters that if
information is unknown, she must state that fact. By simply remaining mute as to some
of her witnesses, her response is evasive and is strictly prohibited under CCP §
2023.010(f). In spite of petitioner's efforts to induce respondent to provide the additional
information, respondent has refused to do so or in any way provide a “complete” and
“straightforward” answer as is required in CCP §2030.220(a), (b).
4a. Special Interrogatory No. 4:
As to each person identified in your answer to the preceding interrogatory, please
state each and every fact that you understand each such person has knowledge of
regarding the alleged fact that Charles Actis was not subject to undue influence at the
time he executed a will dated November 2, 2004.
(Response to Special Interrogatory No. 3:
a. David J. Friedenberg, Esq., 2171 Junipero Serra Blvd., Ste. 620,
Daly City, CA 94014; (650) 755-6622
b. Eva Knott, 2100 36" Avenue, San Francisco, CA 94116; (415) 753-
5937
c. Harry Leu, M.D., Kaiser San Francisco, Dept. of Orthopedics, 450
6" Avenue, San Francisco, CA 94118
d. Charles Vella, PhD., Kaiser Med Ctr., Dept. of Psychiatry, 4141
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONon n OD nO fF WH =
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Geary Blvd., San Francisco, CA; (415) 833-3146
e. Harold Vincent McCarthy, 1600 Ulla Street, San Francisco, CA
94116; (650) 245-1005
f. Claudette McCarthy
g. Barbara Simon, P.O. Box 460490, San Francisco, CA 94146; (415)
285-3233
h. Georgia Louropoulos, 1627 Ulla Street, San Francisco, CA 94116
i. Chantay Allmond, 21 Shelborne Avenue, Daly City, CA 94015
j. Joseph Masio and Eithne Cummins, 1645 Ulla Street, San
Francisco, CA 94116
k. Timothy Dudley, 1651 Ulla Street, San Francisco, CA 94116
I Livier Alberdi, 1633 Ulla Street, San Francisco, CA 94116
m. Derick Luu, 2451 17" Avenue, San Francisco, CA
n. Gregory O'Keeffe, Esq., 1514 Taraval Street, San Francisco, CA
94116; (415) 664-6788)
4b, Response To Special Interrogatory No. 4:
See #2 above
Response To Special Interrogatory No. 2;
See Declaration of b.,c., d, e.,g., h.. andj. above. David J.
Friedenberg, Esq. interviewed and spoke to Charles Actis prior to
preparing Trust and Will. Harold and Claudette McCarthy, neighbors of
Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis;
Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors;
and Derrick Luu, neighbor.
Supplemental Response to Special Interrogatory No. 4:
See Supplementat Response to No. 2 above, and Certificate of Independent
Review of Gregory P. O'Keeffe in which he states that after reviewing the documents
and counseling Charles Actis, and independently advising him, he concluded that the
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONoon Om OO F&F Ww HY =
nN wom NY De =| = ee ewe ew oe eo ow ow
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transfers of the instruments herein were not the produce of fraud, menace, duress or
undue influence.
Supplemental Response to Special Interrogatory No. 2:
See Declaration and Supplemental Declaration of Harold Vincent
McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they
state that it was their belief that Charles Actis was capable of making his own
decisions as to his physical and financial matters and that he did not need a
Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to
the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts
including his belief that Charles Actis felt his half-brother had cheated him out of
his inheritance and he did not want to leave any of his estate to him or any of his
children. Included in his statements in said Declaration is the fact that Charles
Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he
believed were just waiting for him to die in order to get his money. Mr. McCarthy
also states that Charles Actis told him that Eva Knott was a good friend and had
been helpful and considerate to him, whereas his family had not. In fact, he
stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott,
instead of to his family, that he would consider marrying her if necessary, to avoid
the possibility of his family contesting his Will. In addition to to [sic] said
Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse
from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis
in executing either the Will dated August 16, 2004 or the Revocable Living Trust
and Will dated November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was the subject of
undue influence, and that he was at all times herein capable of making his own
decisions as to his personal and financial needs. Also, attorneys David J.
Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and
determined that he was well aware of what he was doing and competent to
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION=
execute the Wills and Trusts herein, and that he was not acting under the undue
influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara
Simon, which have been previously provided to you, also set forth many facts to
substantiate the fact that Charles Actis was mentally competent and not subject
to undue influence when he executed the Trust and Wills herein.
4c. Argument
The argument to this interrogatory 4 is the same as itis to interrogatory 2:
Responding Party failed to set forth any facts for four (4) of the fourteen (14) witnesses
stated.’ (See Meet and Confer letters 8/5 & 8/22, 99). Again, Responding Party cannot
oo MO NO oO FF WN
pick and choose whose facts of her witnesses she will disclose and whose she will
11 |} conceal from Propounding Party.
12
13 6a._Speclal Interrogatory No. 6:
14 As to each person identified in your answer to the preceding interrogatory, please
15 || state each and every fact that you understand each such person has knowledge of
16 || regarding the alleged fact that Charles Actis was not subject to undue influence at the
17 || time he executed the Revocable Living Trust of Charles Actis dated November 2, 2004.7
18 6b. Response To Special Interrogatory No. 6:
19 See #2 above.
20 Response To Special Interrogatory No, 2:
21 See Declaration of b.,c.,d, e.,g., h.. andj. above. David J.
22 Friedenberg, Esq. interviewed and spoke to Charles Actis prior to
23 preparing Trust and Will. Harold and Claudette McCarthy, neighbors of
24 Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis;
25
26 |h
The answer to interrogatory 4 differs from answer to interrogatory 2 only in that #4 includes a single additional
27 || name: Gregory O'Keefe.
In an effort to save a few trees, we will not repeat here and hereafter the names of respondent's witnesses
for they are the same as those identified above.
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONoOo nN OD Hn Fw HY =
RN NSN NY NY NY |= |= |= Be Be we ew ow ow
SNXSaBaBRSBRR8SBRSWSEARSEKR AS
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Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors;
and Derrick Luu, neighbor.
Supplemental Response to No. 6:
See Supplemental Responses to Nos. 1, 2,3 & 4 above.
Supplemental Response to Special Interrogatory No. 1:
Georgi Kouropoulos - (415) 731-5452
Chantay Allmond - (415) 368-1863 or (650) 992-2330
Joseph Masio and Eithne Cummins - (415) 939-0362
Timothy Dudley - (415) 56605572 [sic]
Livier Alberdi - (415) 664-3577
Derick Luu - (415) 681-3012
Respondent does not have any other information other than
that set forth above or already provided to Petitioner, with the
exception that Chantay Allmond was employed by Kaiser Hospital
in San Francisco, CA.
Supplemental Response to Special Interrogatory No. 2:
See Declaration and Supplemental Declaration of Harold
Vincent McCarthy and Declaration of Joseph Masio and Eithne
Cummins in which they state that it was their belief that Charles
Actis was capable of making his own decisions as to his physical
and financial matters and that he did not need a Conservator. Said
declarants spoke to Mr. Actis frequently over the years prior to the
time that Mr, Actis ever met Eva Knott. Mr. McCarthy also sets forth
facts including his belief that Charles Actis felt his half-brother had
cheated him out of his inheritance and he did not want to leave any
of his estate to him or any of his children. Included in his
statements in said Declaration is the fact that Charles Actis told Mr.
McCarthy he was unhappy with the actions of his family, whom he
3325 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONont On Nn B WHY
NRHN HY NYY DY = @= = oe ew ew ew ow ow
B’SBaAaR BRR BGBaAaTDSEKORSEHR AS
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believed were just waiting for him to die in order to get his money.
Mr. McCarthy also states that Charles Actis told him that Eva Knott
was a good friend and had been helpful and considerate to him,
whereas his family had not. In fact, he stated he felt so strongly that
he wanted the bulk of his estate to go to Eva Knott, instead of to his
family, that he would consider marrying her if necessary, to avoid
the possibility of his family contesting his Will. In addition to to [sic]
said Declarants, attorney David J. Friedenberg and Chantay
Allmond, visiting nurse from Kaiser, saw no evidence of any undue
influence exerted upon Charles Actis in executing either the Will
dated August 16, 2004 or the Revocable Living Trust and Will dated
November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was
the subject of undue influence, and that he was at all times herein
capable of making his own decisions as to his personal and
financial needs. Also, attorneys David J. Friedenberg and Gregory
O'Keeffe questioned Charles Actis at some length and determined
that he was well aware of what he was doing and competent to
execute the Wills and Trusts herein, and that he was not acting
under the undue influence of any party. The reports of Dr. H. Lew,
Dr, C. Vella and Barbara Simon, which have been previously
provided to you, also set forth many facts to substantiate the fact
that Charles Actis was mentally competent and not subject to undue
influence when he executed the Trust and Wills herein.
Supplemental Response to Special Interrogatory No. 3:
See Supplemental Response to No. 1 above.
Supplemental Response to Special Interrogatory No. 4:
See Supplemental Response to No. 2 above, and Certificate
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTIONoon OW OT FF WN =
mw MW NY HHH N DY HN | |= |= Be Be se Be Be se
on 8 A F&F ON SF FG oO weN DA F&F WH B= SS
of Independent Review of Gregory P. O'Keeffe in which he states
that after reviewing the documents and counseling Charles Actis,
and independently advising him, he concluded that the transfers of
the instruments herein were not the produce of fraud, menace,
duress or undue influence.
§c. Argument
Due to the fact that Responding Party incorporates by reference her answer to
interrogatory 2, the same deficiency carries through: Responding Party fails to specify
the facts known by four (4) of her identified witnesses.
8a._Speclial Interrogatory No. 8:
As to each person identified in your answer to the preceding interrogatory, please
state each and every fact that you understand each such person has knowledge of
regarding the alleged fact that Charles Actis was not mentally competent at the time he
executed a will dated August 16, 2004.
8b. Response To Special Interrogatory No. 8:
See #2 above.
Response To Special Interrogatory No. 2:
See Declaration of b.,c.,d, e., g.,h.. andj. above. David J.
Friedenberg, Esq. interviewed and spoke to Charles Actis prior to
preparing Trust and Will. Harold and Claudette McCarthy, neighbors of
Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis;
Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors;
and Derrick Luu, neighbor.
Supplemental Response to No. 8:
See Supplementat Responses to Nos. 1, 2, 3 & 4 above.
Supplemental Response to Special Interrogatory No. 1;
Georgi Kouropoulos - (415) 731-5452
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
1Oo on OO nO Ff Ww NY =
wy MyM RYAN KR Be se =e we ew se se ew se
BN BARSKY SSGeATaGBaaARHEH =H DS
Chantay Allmond - (415) 368-1863 or (650) 992-2330
Joseph Masio and Eithne Cummins - (415) 939-0362
Timothy Dudley - (415) 56605572 [sic]
Livier Alberdi - (415) 664-3577
Derick Luu - (415) 681-3012
Respondent does not have any other information other than
that set forth above or already provided to Petitioner, with the
exception that Chantay Allmond was empioyed by Kaiser Hospital
in San Francisco, CA.
Supplemental Response to Special Interrogatory No, 2:
See Declaration and Supplemental Declaration of Harold
Vincent McCarthy and Dectaration of Joseph Masio and Eithne
Cummins in which they state that it was their belief that Charles
Actis was capable of making his own decisions as to his physical
and financial matters and that he did not need a Conservator. Said
declarants spoke to Mr. Actis frequently over the years prior to the
time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth
facts including his belief that Charles Actis felt his half-brother had
cheated him out of his inheritance and he did not want to leave any
of his estate to him or any of his children. Included in his
statements in said Declaration is the fact that Charles Actis told Mr.
McCarthy he was unhappy with the actions of his family, whom he
believed were just waiting for him to die in order to get his money.
Mr. McCarthy also states that Charles Actis told him that Eva Knott
was a good friend and had been helpful and considerate to him,
whereas his family had not. In fact, he stated he felt so strongly that
he wanted the bulk of his estate to go to Eva Knott, instead of to his
family, that he would consider marrying her if necessary, to avoid
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
12onnt oun FF wh =
NN Nt wy NM RY |= es se ew se ee we se Se
PN BRRBRR SFG DEF HERD HR ASD
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the possibility of his family contesting his Will. In addition to to [sic]
said Declarants, attorney David J. Friedenberg and Chantay
Almond, visiting nurse from Kaiser, saw no evidence of any undue
influence exerted upon Charles Actis in executing either the Will
dated August 16, 2004 or the Revocable Living Trust and Will dated
November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was
the subject of undue influence, and that he was at all times herein
capable of making his own decisions as to his personal and
financial needs. Also, attorneys David J. Friedenberg and Gregory
O'Keeffe questioned Charles Actis at some length and determined
that he was well aware of what he was doing and competent to
execute the Wills and Trusts herein, and that he was not acting
under the undue influence of any party. The reports of Dr. H. Lew,
Dr. C. Vella and Barbara Simon, which have been previously
provided to you, also set forth many facts to substantiate the fact
that Charles Actis was mentally competent and not subject to undue
influence when he executed the Trust and Wills herein.
Supplemental Response to Special Interrogatory No. 3:
See Supplemental Response to No. 1 above.
Supplemental Response to Speciat Interrogatory No. 4:
See Supplemental Response to No. 2 above, and Certificate
of Independent Review of Gregory P. O’Keeffe in which he states
that after reviewing the documents and counseling Charles Actis,
and independently advising him, he concluded that the transfers of
the instruments herein were not the produce of fraud, menace,
duress or undue influence.
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
13oon Oo on BF Ww NH =
nN yw NN @ fe ee se ee eag
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8c, Argument
Due to the fact that Responding Party incorporates by reference her answer to
interrogatory 2, the same deficiency carries through: Responding Party fails to specify
the facts known by four (4) of her identified witnesses.
10a. Special Interrogatory No. 10:
As to each person identified in your answer to the preceding interrogatory, please
state each and every fact that you understand each such person has knowledge of
regarding the alleged fact that Charles Actis was mentally competent at the time he
executed a will dated November 2, 2004.
10b. Response To Special Interrogatory No. 10:
See #2 above.
Response To Special Interrogatory No. 2:
See Declaration of b.,c.,d, &., g., h.. andj. above. David J.
Friedenberg, Esq. interviewed and spoke to Charles Actis prior to
preparing Trust and Will. Harold and Claudette McCarthy, neighbors of
Charles Actis' for many years; Chantay Alimond, nurse of Charles Actis;
Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors;
and Derrick Luu, neighbor.
Supplemental Response to No. 10:
See Supplemental Responses to Nos. 1, 2, 3 & 4 above.
Supplemental Response to Special Interrogatory No. 1:
Georgi Kouropoulos - (415) 731-5452
Chantay Allmond - (415) 368-1863 or (650) 992-2330
Joseph Masio and Eithne Cummins - (415) 939-0362
Timothy Dudley - (415) 56605572 [sic}
Livier Alberdi - (415) 664-3577
Derick Luu - (415) 681-3012
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
14oon nan FF woh =
yp nnrnneynvnndne eas egaetaoaxsas
PNR QR SRK YS © BHO TF YN = 28
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Respondent does not have any other information other than
that set forth above or already provided to Petitioner, with the
exception that Chantay Allmond was employed by Kaiser Hospital
in San Francisco, CA.
Supplemental Response to Special Interrogatory No. 2:
See Declaration and Supplemental Declaration of Harold
Vincent McCarthy and Declaration of Joseph Masio and Eithne
Cummins in which they state that it was their belief that Charles
Actis was capable of making his own decisions as to his physical
and financial matters and that he did not need a Conservator. Said
declarants spoke to Mr. Actis frequently over the years prior to the
time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth
facts including his belief that Charles Actis felt his half-brother had
cheated him out of his inheritance and he did not want to leave any
of his estate to him or any of his children. Included in his
statements in said Declaration is the fact that Charles Actis told Mr.
McCarthy he was unhappy with the actions of his family, whom he
believed were just waiting for him to die in order to get his money.
Mr. McCarthy also states that Charles Actis told him that Eva Knott
was a good friend and had been helpful and considerate to him,
whereas his family had not. In fact, he stated he felt so strongly that
he wanted the bulk of his estate to go to Eva Knott, instead of to his
family, thathe would consider marrying her if necessary, to avoid
the possibility of his family contesting his Will. In addition to to [sic]
said Declarants, attorney David J. Friedenberg and Chantay
Allmond, visiting nurse from Kaiser, saw no evidence of any undue
influence exerted upon Charles Actis in executing either the Will
dated August 16, 2004 or the Revocable Living Trust and Will dated
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
15=
bk WN
ocuc~wmlcMmlUmNCUOUU
10c. Argument
Due to the fact that Responding Party incorporates by reference her answer to
interrogatory 2, the same deficiency carries through: Responding Party fails to specify
the facts known by four (4) of her identified witnesses.
November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was
the subject of undue influence, and that he was at all times herein
capable of making his own decisions as to his personal and
financial needs. Also, attorneys David J. Friedenberg and Gregory
O'Keeffe questioned Charles Actis at some length and determined
that he was well aware of what he was doing and competent to
execute the Wills and Trusts herein, and that he was not acting
under the undue influence of any party. The reports of Dr. H. Lew,
Dr. C. Vella and Barbara Simon, which have been previously
provided to you, also set forth many facts to substantiate the fact
that Charles Actis was mentally competent and not subject to undue
influence when he executed the Trust and Wills herein.
Supplemental Response to Special Interrogatory No. 3:
See Supplemental Response to No. 1 above.
Supplemental Response to Special Interrogatory No. 4:
See Supplemental Response to No. 2 above, and Certificate
of Independent Review of Gregory P. O'Keeffe in which he states
that after reviewing the documents and counseling Charles Actis,
and independently advising him, he concluded that the transfers of
the instruments herein were not the produce of fraud, menace,
duress or undue influence.
335 STATEMENT OP DEMANDS AND ANSWERS IN
CONTENTION
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12a. Speclal Interrogatory No. 12:
As to each person identified in your answer to the preceding interrogatory, please
state each and every fact that you understand each such person has knowledge of
regarding the alleged fact that Charles Actis was mentally competent at the time he
executed the Revocable Living Trust of Charles Actis dated November 2, 2004.
12b. Response To Special Interrogatory No.12:
See #2 above.
Response To Special Interrogatory No. 2:
See Declaration of b.,¢., d, e., g., h.. andj. above. David J.
Friedenberg, Esq. interviewed and spoke to Charles Actis prior to
preparing Trust and Will. Harold and Claudette McCarthy, neighbors of
Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis;
Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors;
and Derrick Luu, neighbor.
Supplemental Response to No. 12:
See Supplemental Responses to Nos. 1, 2, 3 & 4 above.
Supplemental Response to Special Interrogatory No. 1:
Georgi Kouropoulos - (415) 731-5452
Chantay Allmond - (415) 368-1863 or (650) 992-2330
Joseph Masio and Eithne Cummins - (415) 939-0362
Timothy Dudley - (415) 56605572 [sic]
Livier Alberdi - (415) 664-3577
Derick Luu - (415) 681-3012
Respondent does not have any other information other than
that set forth above or already provided to Petitioner, with the
exception that Chantay Allmond was employed by Kaiser Hospital
in San Francisco, CA.
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
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Supplemental Response to Special Interrogatory No. 2:
See Declaration and Supplemental Declaration of Harold
Vincent McCarthy and Declaration of Joseph Masio and Eithne
Cummins in which they state that it was their belief that Charles
Actis was capable of making his own decisions as to his physical
and financial matters and that he did not need a Conservator. Said
declarants spoke to Mr. Actis frequently over the years prior to the
time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth
facts including his belief that Charles Actis felt his half-brother had
cheated him out of his inheritance and he did not want to leave any
of his estate to him or any of his children. Included in his
statements in said Declaration is the fact that Charles Actis told Mr.
McCarthy he was unhappy with the actions of his famity, whom he
believed were just waiting for him to die in order to get his money.
Mr. McCarthy also states that Charles Actis told him that Eva Knott
was a good friend and had been helpful and considerate to him,
whereas his family had not. In fact, he stated he felt so strongly that
he wanted the bulk of his estate to go to Eva Knott, instead of to his
family, that he would consider marrying her if necessary, to avoid
the possibility of his family contesting his Will. In addition to to {sic]
said Declarants, attorney David J. Friedenberg and Chantay
Aitmond, visiting nurse from Kaiser, saw no evidence of any undue
influence exerted upon Charles Actis in executing either the Will
dated August 16, 2004 or the Revocable Living Trust and Will dated
November 1, 2004. In fact, from their meetings and discussions
with Charles Actis, said persons do not believe Charles Actis was
the subject of undue influence, and that he was at all times herein
capable of making his own decisions as to his personal and
325 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
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Ny =e = |e oe oe oe en oe oe
oO ON DW HO FF Ww BY | OG
Ny My YH DY NNN
an Oo oO fF BO NY =
Dated: August 29, 2005.
financial needs. Also, attorneys David J. Friedenberg and Gregory
O'Keeffe questioned Charles Actis at some length and determined
that he was well aware of what he was doing and competent to
execute the Wills and Trusts herein, and that he was not acting
under the undue influence of any party. The reports of Or. H. Lew,
Dr. C. Vella and Barbara Simon, which have been previously
provided to you, also set forth many facts to substantiate the fact
that Charles Actis was mentally competent and not subject to undue
influence when he executed the Trust and Wills herein.
Supplemental Response to Special Interrogatory No. 3:
See Supplemental Response to No. 1 above.
Supplemental Response to Special Interrogatory No. 4:
See Supplemental Response to No. 2 above, and Certificate
of Independent Review of Gregory P. O'Keeffe in which he states
that after reviewing the documents and counseling Charles Actis,
and independently advising him, he concluded that the transfers of
the instruments herein were not the produce of fraud, menace,
duress or undue influence.
12c. Argument
Oue to the fact that Responding Party incorporates by reference her answer to
interrogatory 2, the same deficiency carries through: Responding Party fails to specify
the facts known by four (4) of her identified witnesses.
LLMAN, Attorney for Petitioner
335 STATEMENT OF DEMANDS AND ANSWERS IN
CONTENTION
Preview
IITA San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Sep-08-2005 2:36 pm Case Number: PTR-05-287341 Filing Date: Sep-06-2005 2:21 Juke Box: 001 Image: 01278678 GENERIC PROBATE PLEADING IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01278678 Instructions: Please place this sheet on top of the document to be scanned.oan n On FF wWwH = N N NY WN Ny NY = = =e we ew ew oe ow oe ® ’seRRPBRBRBESGaAEWDTSEGBEBEKR AS € C DEAN M. SPELLMAN, #060042 1850 Mt. Diablo Blvd., Ste. 670 Ee Walnut Creek, California 94596-4407 5 Telephone: (925) 938-5880 Attorney for CAROL MITCHELL IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO INRE REVOCABLE LIVING TRUST Case Number PTR-05-287341 DATED NOVEMBER 2, 2004,ANDWwitl. DISCOVERY DATED NOVEMBER 2, 2004 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION CAROL MITCHELL, Date: September 29, 2005 Time: 10:30 a.m. Petitioner, Dept. No: 612 Filing Date: May 4, 2005 vs. Judge: John Dearman Trial Date: Not Assigned EVA V. KNOTT, Trustee and Beneficia’ under the REVOCABLE LIVING TRUS’ AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary and NATALIE FERRERO, a minor and a will and trust beneficiary, Respondents. COMES NOW petitioner CAROL MITCHELL and pursuant to California Rule of Court 335, submits the following statement of demands and answers in contention. |. INTRODUCTION While this 335 Statement appears daunting due to its length, with a little explanation, it will become hopefully quite easily and quickly understood. 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONao en DH ® WH = NM MW YH HY NY = ew ew ee ee aa ee BX’BSBSRABERBRBSESCaAaWTSEHAPRTBHATBSO C € First, there is only one (1) basic dispute: Responding Party's failed to fully respond to interrogatories asking her to set forth facts known to witnesses identified by Responding Party. While Responding Party provided the facts known to some of her witnesses, she did not set forth facts known to her other witnesses. Second, due to respondents constant referral back to previous answers and supplemental answers, the answers of respondent get lost. However, in an effort to provide this court with a clear path, the court should first recognize that the six (6) interrogatories which are the subject of this motion is really the same question with a slight variation. The interrogatories ask what respondent's witnesses knew that support respondent's contention that the decedent was not subject to undue influence when he executed his August will (Interog 2), when he executed his November will (Interog 4) and when he executed his Trust (Interog 6). The next three (3) interrogatories ask the same question but instead of undue influence, the questions are directed to decedent's mental competence (Interogs 8, 10 & 12). The complaint as to respondent's answers to all of these questions is that she failed to provide answers to all of the witnesses she identified. Il. INTERROGATORIES AND ANSWERS 2a. Special Interrogatory No. 2: As to each person identified in your answer to the preceding interrogatory, please state each and every fact that you understand each such person has knowledge of regarding the alleged fact that Charles Actis was not subject to undue influence at the time he executed a will dated August 16, 2004. (Response To Special Interrogatory No. 1: a. David J. Friedenberg, Esq. 2171 Junipero Serra Blvd., Ste. 620, Daly City, CA 94014; (650) 755-6622 b. Eva Knott, 2100 36" Avenue, San Francisco, CA 94116; (415) 753-5937 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONonmn mW a BF WHY = Yo MRK HN NN HN |= SB BB Be Be sw Be eB on A FON A= FDO OH DO Bw HY |= OD k. L m. C Harry Leu, M.D., Kaiser San Francisco, Dept. of Orthopedics, 450 6" Avenue, San Francisco, CA 94118 Charles Vella, PhD., Kaiser Med Ctr., Dept. of Psychiatry, 4141 Geary Blvd., San Francisco, CA; (415) 833-3146 Harold Vincent McCarthy, 1600 Ulla Street, San Francisco, CA 94116; (650) 245-1005 Claudette McCarthy Barbara Simon, P.O. Box 460490, San Francisco, CA 94146; (415) 285-3233 Georgia Louropoulos, 1627 Ulla Street, San Francisco, CA 94116 Chantay Allmond, 21 Shelborne Avenue, Daly City, CA 94015 Joseph Masio and Eithne Cummins, 1645 Ulla Street, San Francisco, CA 94116 Timothy Dudley, 1651 Ulla Street, San Francisco, CA 94116 Livier Alberdi, 1633 Ulla Street, San Francisco, CA 94116 Derick Luu, 2451 17" Avenue, San Francisco, CA) 2b. Response To Special Interrogatory No. 2: See Declaration of b.,c.,d, e., g., h.. andj. above. David J. Friedenberg, Esq. interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and Claudette McCarthy, neighbors of Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to Special interrogatory No. 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONon n Oo nO F Ww HY = mw mM HYNH DY =| =e & Be we we we ew ow SB &’sSsaRPASORBRBSEaxaXTaaESBEHR TS C C decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, that he would consider marrying her if necessary, to avoid the possibility of his family contesting his Will. In addition to to [sic] said Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and financial needs, Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONoOo ont oO a FB WwW NN 10 2c. Argument Simply stated, this interrogatory requires Responding Party to state each and every fact which respondent understood her identified witnesses possessed as to the issue of Mr. Actis and undue influence. Of the fourteen (14) names identified, Responding Party ultimately failed to provide any facts for four (4) of those witnesses: Claudette McCarthy, Timothy Dudley, Livier Alberdi and Derick Luu. (See Meet and Confer letters 8/5 & 8/22, {9 (Exhibits “D” and “F”, respectively). Responding Party cannot simply answer the question as to some of her witnesses and ignore the question as to others. Responding party was advised in the meet and confer letters that if information is unknown, she must state that fact. By simply remaining mute as to some of her witnesses, her response is evasive and is strictly prohibited under CCP § 2023.010(f). In spite of petitioner's efforts to induce respondent to provide the additional information, respondent has refused to do so or in any way provide a “complete” and “straightforward” answer as is required in CCP §2030.220(a), (b). 4a. Special Interrogatory No. 4: As to each person identified in your answer to the preceding interrogatory, please state each and every fact that you understand each such person has knowledge of regarding the alleged fact that Charles Actis was not subject to undue influence at the time he executed a will dated November 2, 2004. (Response to Special Interrogatory No. 3: a. David J. Friedenberg, Esq., 2171 Junipero Serra Blvd., Ste. 620, Daly City, CA 94014; (650) 755-6622 b. Eva Knott, 2100 36" Avenue, San Francisco, CA 94116; (415) 753- 5937 c. Harry Leu, M.D., Kaiser San Francisco, Dept. of Orthopedics, 450 6" Avenue, San Francisco, CA 94118 d. Charles Vella, PhD., Kaiser Med Ctr., Dept. of Psychiatry, 4141 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONon n OD nO fF WH = yw RH MH NHN DY |= =| |= @ Be ew em BoB ew on FF om FON B= SF OBO BHI DH BF YH += BD Geary Blvd., San Francisco, CA; (415) 833-3146 e. Harold Vincent McCarthy, 1600 Ulla Street, San Francisco, CA 94116; (650) 245-1005 f. Claudette McCarthy g. Barbara Simon, P.O. Box 460490, San Francisco, CA 94146; (415) 285-3233 h. Georgia Louropoulos, 1627 Ulla Street, San Francisco, CA 94116 i. Chantay Allmond, 21 Shelborne Avenue, Daly City, CA 94015 j. Joseph Masio and Eithne Cummins, 1645 Ulla Street, San Francisco, CA 94116 k. Timothy Dudley, 1651 Ulla Street, San Francisco, CA 94116 I Livier Alberdi, 1633 Ulla Street, San Francisco, CA 94116 m. Derick Luu, 2451 17" Avenue, San Francisco, CA n. Gregory O'Keeffe, Esq., 1514 Taraval Street, San Francisco, CA 94116; (415) 664-6788) 4b, Response To Special Interrogatory No. 4: See #2 above Response To Special Interrogatory No. 2; See Declaration of b.,c., d, e.,g., h.. andj. above. David J. Friedenberg, Esq. interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and Claudette McCarthy, neighbors of Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to Special Interrogatory No. 4: See Supplementat Response to No. 2 above, and Certificate of Independent Review of Gregory P. O'Keeffe in which he states that after reviewing the documents and counseling Charles Actis, and independently advising him, he concluded that the 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONoon Om OO F&F Ww HY = nN wom NY De =| = ee ewe ew oe eo ow ow C C transfers of the instruments herein were not the produce of fraud, menace, duress or undue influence. Supplemental Response to Special Interrogatory No. 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, that he would consider marrying her if necessary, to avoid the possibility of his family contesting his Will. In addition to to [sic] said Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and financial needs. Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION= execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. 4c. Argument The argument to this interrogatory 4 is the same as itis to interrogatory 2: Responding Party failed to set forth any facts for four (4) of the fourteen (14) witnesses stated.’ (See Meet and Confer letters 8/5 & 8/22, 99). Again, Responding Party cannot oo MO NO oO FF WN pick and choose whose facts of her witnesses she will disclose and whose she will 11 |} conceal from Propounding Party. 12 13 6a._Speclal Interrogatory No. 6: 14 As to each person identified in your answer to the preceding interrogatory, please 15 || state each and every fact that you understand each such person has knowledge of 16 || regarding the alleged fact that Charles Actis was not subject to undue influence at the 17 || time he executed the Revocable Living Trust of Charles Actis dated November 2, 2004.7 18 6b. Response To Special Interrogatory No. 6: 19 See #2 above. 20 Response To Special Interrogatory No, 2: 21 See Declaration of b.,c.,d, e.,g., h.. andj. above. David J. 22 Friedenberg, Esq. interviewed and spoke to Charles Actis prior to 23 preparing Trust and Will. Harold and Claudette McCarthy, neighbors of 24 Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis; 25 26 |h The answer to interrogatory 4 differs from answer to interrogatory 2 only in that #4 includes a single additional 27 || name: Gregory O'Keefe. In an effort to save a few trees, we will not repeat here and hereafter the names of respondent's witnesses for they are the same as those identified above. 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONoOo nN OD Hn Fw HY = RN NSN NY NY NY |= |= |= Be Be we ew ow ow SNXSaBaBRSBRR8SBRSWSEARSEKR AS Cc C Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to No. 6: See Supplemental Responses to Nos. 1, 2,3 & 4 above. Supplemental Response to Special Interrogatory No. 1: Georgi Kouropoulos - (415) 731-5452 Chantay Allmond - (415) 368-1863 or (650) 992-2330 Joseph Masio and Eithne Cummins - (415) 939-0362 Timothy Dudley - (415) 56605572 [sic] Livier Alberdi - (415) 664-3577 Derick Luu - (415) 681-3012 Respondent does not have any other information other than that set forth above or already provided to Petitioner, with the exception that Chantay Allmond was employed by Kaiser Hospital in San Francisco, CA. Supplemental Response to Special Interrogatory No. 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr, Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he 3325 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONont On Nn B WHY NRHN HY NYY DY = @= = oe ew ew ew ow ow B’SBaAaR BRR BGBaAaTDSEKORSEHR AS C believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, that he would consider marrying her if necessary, to avoid the possibility of his family contesting his Will. In addition to to [sic] said Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and financial needs. Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Dr. H. Lew, Dr, C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. Supplemental Response to Special Interrogatory No. 3: See Supplemental Response to No. 1 above. Supplemental Response to Special Interrogatory No. 4: See Supplemental Response to No. 2 above, and Certificate 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTIONoon OW OT FF WN = mw MW NY HHH N DY HN | |= |= Be Be se Be Be se on 8 A F&F ON SF FG oO weN DA F&F WH B= SS of Independent Review of Gregory P. O'Keeffe in which he states that after reviewing the documents and counseling Charles Actis, and independently advising him, he concluded that the transfers of the instruments herein were not the produce of fraud, menace, duress or undue influence. §c. Argument Due to the fact that Responding Party incorporates by reference her answer to interrogatory 2, the same deficiency carries through: Responding Party fails to specify the facts known by four (4) of her identified witnesses. 8a._Speclial Interrogatory No. 8: As to each person identified in your answer to the preceding interrogatory, please state each and every fact that you understand each such person has knowledge of regarding the alleged fact that Charles Actis was not mentally competent at the time he executed a will dated August 16, 2004. 8b. Response To Special Interrogatory No. 8: See #2 above. Response To Special Interrogatory No. 2: See Declaration of b.,c.,d, e., g.,h.. andj. above. David J. Friedenberg, Esq. interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and Claudette McCarthy, neighbors of Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to No. 8: See Supplementat Responses to Nos. 1, 2, 3 & 4 above. Supplemental Response to Special Interrogatory No. 1; Georgi Kouropoulos - (415) 731-5452 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 1Oo on OO nO Ff Ww NY = wy MyM RYAN KR Be se =e we ew se se ew se BN BARSKY SSGeATaGBaaARHEH =H DS Chantay Allmond - (415) 368-1863 or (650) 992-2330 Joseph Masio and Eithne Cummins - (415) 939-0362 Timothy Dudley - (415) 56605572 [sic] Livier Alberdi - (415) 664-3577 Derick Luu - (415) 681-3012 Respondent does not have any other information other than that set forth above or already provided to Petitioner, with the exception that Chantay Allmond was empioyed by Kaiser Hospital in San Francisco, CA. Supplemental Response to Special Interrogatory No, 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Dectaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, that he would consider marrying her if necessary, to avoid 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 12onnt oun FF wh = NN Nt wy NM RY |= es se ew se ee we se Se PN BRRBRR SFG DEF HERD HR ASD C the possibility of his family contesting his Will. In addition to to [sic] said Declarants, attorney David J. Friedenberg and Chantay Almond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and financial needs. Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. Supplemental Response to Special Interrogatory No. 3: See Supplemental Response to No. 1 above. Supplemental Response to Speciat Interrogatory No. 4: See Supplemental Response to No. 2 above, and Certificate of Independent Review of Gregory P. O’Keeffe in which he states that after reviewing the documents and counseling Charles Actis, and independently advising him, he concluded that the transfers of the instruments herein were not the produce of fraud, menace, duress or undue influence. 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 13oon Oo on BF Ww NH = nN yw NN @ fe ee se ee eag SN R®FRSBRKR FS CHAN DH e YN |= CO C € 8c, Argument Due to the fact that Responding Party incorporates by reference her answer to interrogatory 2, the same deficiency carries through: Responding Party fails to specify the facts known by four (4) of her identified witnesses. 10a. Special Interrogatory No. 10: As to each person identified in your answer to the preceding interrogatory, please state each and every fact that you understand each such person has knowledge of regarding the alleged fact that Charles Actis was mentally competent at the time he executed a will dated November 2, 2004. 10b. Response To Special Interrogatory No. 10: See #2 above. Response To Special Interrogatory No. 2: See Declaration of b.,c.,d, &., g., h.. andj. above. David J. Friedenberg, Esq. interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and Claudette McCarthy, neighbors of Charles Actis' for many years; Chantay Alimond, nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to No. 10: See Supplemental Responses to Nos. 1, 2, 3 & 4 above. Supplemental Response to Special Interrogatory No. 1: Georgi Kouropoulos - (415) 731-5452 Chantay Allmond - (415) 368-1863 or (650) 992-2330 Joseph Masio and Eithne Cummins - (415) 939-0362 Timothy Dudley - (415) 56605572 [sic} Livier Alberdi - (415) 664-3577 Derick Luu - (415) 681-3012 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 14oon nan FF woh = yp nnrnneynvnndne eas egaetaoaxsas PNR QR SRK YS © BHO TF YN = 28 € Respondent does not have any other information other than that set forth above or already provided to Petitioner, with the exception that Chantay Allmond was employed by Kaiser Hospital in San Francisco, CA. Supplemental Response to Special Interrogatory No. 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his family, whom he believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, thathe would consider marrying her if necessary, to avoid the possibility of his family contesting his Will. In addition to to [sic] said Declarants, attorney David J. Friedenberg and Chantay Allmond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 15= bk WN ocuc~wmlcMmlUmNCUOUU 10c. Argument Due to the fact that Responding Party incorporates by reference her answer to interrogatory 2, the same deficiency carries through: Responding Party fails to specify the facts known by four (4) of her identified witnesses. November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and financial needs. Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Dr. H. Lew, Dr. C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. Supplemental Response to Special Interrogatory No. 3: See Supplemental Response to No. 1 above. Supplemental Response to Special Interrogatory No. 4: See Supplemental Response to No. 2 above, and Certificate of Independent Review of Gregory P. O'Keeffe in which he states that after reviewing the documents and counseling Charles Actis, and independently advising him, he concluded that the transfers of the instruments herein were not the produce of fraud, menace, duress or undue influence. 335 STATEMENT OP DEMANDS AND ANSWERS IN CONTENTION 16oon on kk Wry = mm Ny MH NY NHN NY Se tet eB ete ete seas SB ’SsaRan st 6 GaN DHF YW DY = DO C C 12a. Speclal Interrogatory No. 12: As to each person identified in your answer to the preceding interrogatory, please state each and every fact that you understand each such person has knowledge of regarding the alleged fact that Charles Actis was mentally competent at the time he executed the Revocable Living Trust of Charles Actis dated November 2, 2004. 12b. Response To Special Interrogatory No.12: See #2 above. Response To Special Interrogatory No. 2: See Declaration of b.,¢., d, e., g., h.. andj. above. David J. Friedenberg, Esq. interviewed and spoke to Charles Actis prior to preparing Trust and Will. Harold and Claudette McCarthy, neighbors of Charles Actis’ for many years; Chantay Allmond, nurse of Charles Actis; Timothy Dudley, neighbor; Joseph Masio and Eithne Cummins, neighbors; and Derrick Luu, neighbor. Supplemental Response to No. 12: See Supplemental Responses to Nos. 1, 2, 3 & 4 above. Supplemental Response to Special Interrogatory No. 1: Georgi Kouropoulos - (415) 731-5452 Chantay Allmond - (415) 368-1863 or (650) 992-2330 Joseph Masio and Eithne Cummins - (415) 939-0362 Timothy Dudley - (415) 56605572 [sic] Livier Alberdi - (415) 664-3577 Derick Luu - (415) 681-3012 Respondent does not have any other information other than that set forth above or already provided to Petitioner, with the exception that Chantay Allmond was employed by Kaiser Hospital in San Francisco, CA. 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 7oman Ooo Fw nH = mw mynN NY NH NMNH NHK |B ts Fe ee eta sis BSss8 & FF 6H FS GO hBeNHN OD HF WM = DOD Supplemental Response to Special Interrogatory No. 2: See Declaration and Supplemental Declaration of Harold Vincent McCarthy and Declaration of Joseph Masio and Eithne Cummins in which they state that it was their belief that Charles Actis was capable of making his own decisions as to his physical and financial matters and that he did not need a Conservator. Said declarants spoke to Mr. Actis frequently over the years prior to the time that Mr. Actis ever met Eva Knott. Mr. McCarthy also sets forth facts including his belief that Charles Actis felt his half-brother had cheated him out of his inheritance and he did not want to leave any of his estate to him or any of his children. Included in his statements in said Declaration is the fact that Charles Actis told Mr. McCarthy he was unhappy with the actions of his famity, whom he believed were just waiting for him to die in order to get his money. Mr. McCarthy also states that Charles Actis told him that Eva Knott was a good friend and had been helpful and considerate to him, whereas his family had not. In fact, he stated he felt so strongly that he wanted the bulk of his estate to go to Eva Knott, instead of to his family, that he would consider marrying her if necessary, to avoid the possibility of his family contesting his Will. In addition to to {sic] said Declarants, attorney David J. Friedenberg and Chantay Aitmond, visiting nurse from Kaiser, saw no evidence of any undue influence exerted upon Charles Actis in executing either the Will dated August 16, 2004 or the Revocable Living Trust and Will dated November 1, 2004. In fact, from their meetings and discussions with Charles Actis, said persons do not believe Charles Actis was the subject of undue influence, and that he was at all times herein capable of making his own decisions as to his personal and 325 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION 18on ny OW n Ff WH = Ny =e = |e oe oe oe en oe oe oO ON DW HO FF Ww BY | OG Ny My YH DY NNN an Oo oO fF BO NY = Dated: August 29, 2005. financial needs. Also, attorneys David J. Friedenberg and Gregory O'Keeffe questioned Charles Actis at some length and determined that he was well aware of what he was doing and competent to execute the Wills and Trusts herein, and that he was not acting under the undue influence of any party. The reports of Or. H. Lew, Dr. C. Vella and Barbara Simon, which have been previously provided to you, also set forth many facts to substantiate the fact that Charles Actis was mentally competent and not subject to undue influence when he executed the Trust and Wills herein. Supplemental Response to Special Interrogatory No. 3: See Supplemental Response to No. 1 above. Supplemental Response to Special Interrogatory No. 4: See Supplemental Response to No. 2 above, and Certificate of Independent Review of Gregory P. O'Keeffe in which he states that after reviewing the documents and counseling Charles Actis, and independently advising him, he concluded that the transfers of the instruments herein were not the produce of fraud, menace, duress or undue influence. 12c. Argument Oue to the fact that Responding Party incorporates by reference her answer to interrogatory 2, the same deficiency carries through: Responding Party fails to specify the facts known by four (4) of her identified witnesses. LLMAN, Attorney for Petitioner 335 STATEMENT OF DEMANDS AND ANSWERS IN CONTENTION