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

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San Francisco Superior Courts
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Aug-31-2005 2:39 pm

Case Number: PTR-05-287341
Filing Date: Aug-29-2005 2:38
Juke Box: 001 Image: 01273505
GENERIC PROBATE PLEADING

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

001P01273505

Instructions:
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DENNIS J. HERRERA, State Bar #139669

City Attorney

ALEETA M. VAN RUNKLE, State Bar #124563
JENNIFER K.WILLIAMS, State Bar #166853
Deputy City Attomeys

Fox Plaza

1390 Market Street, 10" Floor, Suite 1008
San Francisco, California 94102-5408
Telephone: (415) 554-3812

Facsimile: (415) 557-6747

Attomeys for the City and County of San Francisco

/.
San Francisco County Sujerlor Court

J Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO

IN THE REVOCABLE LIVING TRUST
AGREEMENT AND WILL OF
CHARLES ACTIS) -

CAROL MITCHELL,» -
Petitioner,

ve

EVA KNOTT, Trustee and Beneficiary
under the REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS,
and NICHOLAS and NATALIE
FERRERO, minors and beneficiaries,

Respondents.

Case No. PTR-05-287341

SUPPLEMENTAL OPPOSITION BY
THE CITY AND COUNTY OF SAN
FRANCISCO TO MOTION FOR COURT
ORDER RELEASING CONFIDENTIAL
INFORMATION AND AUTHORIZING
THE TAKING OF DEPOSITIONS

Hearing Date: September 2, 2005

Time: 9:00 a.m.

Place: Dept. 612

Judge: The Honorable John
. Dearman

Attached Dociiments: Deposition Subpoena

for the Public Guardian's Office

NOTICE OF SUPPLEMENTAL OPPOSITION

TO PETITIONER CAROL MITCHELL:

PLEASE TAKE NOTICE THAT on August 23, 2005, this office filed an opposition to

petitioner's motion seeking a court order releasing confidential documents and authorizing the

taking of depositions relating to confidential case information. As indicated in the moving

papers, the City opposed the production of documents and/or testimony from San Francisco's

CCSF'S SUPP OPPO TO MTN FOR CT ORD RELEASING
CONFID INFO & AUTHOR THE TAKING OF DEPOS;
SIC # PTR-05-287341

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Adult Protective Services and it's contractor, Dr. Abraham Nievod pertaining to the above-
referenced case. This notice shall serve to inform you that the City makes the same opposition
and relies on the same legal arguments to the production of the same or similar documents and/or
testimony from the San Francisco Public Guardian's Office, an agency of the City, on which you
sérved a similar subpoena on May 25, 2005. ,
This supplemental opposition incorporates the notice of opposition, supporting points and
authorities, and supporting declarations filed in this matter on August 23, 2005, and any other
evidence that the court deems just and proper to consider.
Dated: August 26, 2005 Respectfully submitted,

DENNIS J. HERRERA
City Attorney

py Mabe, Wbbtete)
JENNIFER K. WILLIAMS
Deputy City Attomey

Attorneys for the City and County of San
Francisco .

CCSF'S SUPP OPPO TO MTN FOR CT ORD RELEASING 2 NCHEALTHNWILLIAMSUBPENA acti? dog
CONFID INFO & AUTHOR THE TAKING OF DEPOS;
SIC # PTR-05-287341ATTACHMENT

Deposition Subpoena for the Public Guardian's Office

document?« 982(a)(15.2)

L AE ZoEY OR PARTY WITHOUT ATTORNEY (ae, er number, and address): FOR COURT USE ONLY
(DEAN M. SPELLMAN 060042

7 | 1850 Mt. Diablo Blvd., ste. 670
Walnut Creek, CA 94596

TELEPHONE NO: 925-938-5880 raxno: 925-938-5882
ATTORNEY FOR (Nerw: CAROL MITCHELL
NAME OF CouRT: SAN FRANCISCO SUPERIOR COURT
streeraporess:400 McAllister St, .
MAILING ADORESS:
cryanozpcoo:San Francisco, CA 94102
BRANCH NAME: ‘

PLAINTIFF/PETITIONER: CAROL MI TCHELL

DEFENDANT/RESPONDENT: EVA V. KNOTT, Trustee and Benefi
under Revocable Living Trust Agr -

DEPOSITION SUBPOENA CASE NUMBER:
For Production of Business Records PTR-05-287341

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
JOEL M, BLACKMAN, ESQ., San Francisco Public Guardian's Office,

875 Stevenson St., 3rd Fl. , San Francisco, CA 94103 415-355-3555

1, YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described In item 3, as follows:

To (name of deposition officer) : . LLMAN

On (date): June 16, 2005 At (time): 10:00 a.m.

Location (address): 1850 Mt. Diablo Blvd., Ste. 670, Walnut Creek, CA 94596

Do not release the requested records to the deposition officer Prior to the date and time stated above.

a. (C) by delivering a true, fegible, and durable copy of the business records described in item 3, enclosed in a sealed inner
. wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner
( wrapper shall then be enclosed In an outer envelope or wrapper, seated, and mailed to the deposition officer at the
address In Item 1.

b. [KX] by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the
witness's address, on receipt of payment In cash or by check of the reasonabie costs of preparing the copy, as determined
under Evidence Code section 1563(b). .

c. (2) by making the originat business records described In item 3 available for Inspection at your business address by the
attomey’s representative and Permitting copying at your business address under reasonable conditions during normal
business hours.

2. The records are to be produced by the date end time shown in item 1 (but not sooner than 20 days after the issuance of the
deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them
available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be
accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

3. The records to be produced are described as follows:

{Continued on Attachment 3,
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Dateissued: May 25, 2005 Dual (t
r “N. M.... SPELLMAN....... >

(TYPE OR PRINT NAME) (SIGATURE OF PERSON ISSUING SUBPOENA)
Attorney for Petitioner
(Proof of service on reverse) TME}
Foun Adopted for Mandatory DEPOSITION SUBPOENA FOR PRODUCTION Code of Cid Procedure,
sed{ens Rev Sancon 2000 OF BUSINESS RECORDS Govemmed Coe § 650871

tone Dest Eason ese . ACTIS, CHARLESC : ACTIS, CHARLES San Francisco County Superior Court

Case No. PTR-05-287341

ATTACHMENT 3
TO DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS -
JOEL M. BLACKMAN, ESQ. ,
SAN FRANCISCO PUBLIC GUARDIAN'S OFFICE

. Any and all documents which in any way relate to Charles Actis, including, but not
limited to, notes, letters, memorandums, telephone messages, pleadings, depositions,
video tapes, audio tapes, reports, records, documents of title and/or inventory.Co PN DAWN FF WY HN

10

Cc ¢

PROOF OF SERVICE
S.F. SUPERIOR COURT NO. PTR-05-287341
RE: THE REVOCABLE LIVING TRUST AND WILL OF CHARLES ACTIS;

CAROL MITCHELL, PETITIONER, VS. EVA KNOTT, NICHOLAS AND NATALIE
FERRERO, MINORS AND BENEFICIARIES, RESPONDENTS

I, MARILYN M, ROQUE, declare as follows:

[am a citizen of the United States, over the age of eighteen years and not a party to the
within entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza
Building, 1390 Market Street, Tenth Floor, Suite 1008, San Francisco, CA 94102.

On August 29, 2005, I served the attached:

SUPPLEMENTAL OPPOSITION BY THE CITY AND COUNTY OF SAN
FRANCISCO TO MOTION FOR COURT ORDER RELEASING CONFIDENTIAL
INFORMATION AND AUTHORIZING THE TAKING OF DEPOSITIONS

on the interested parties in said action, by placing a true copy thereof in sealed envelope(s)
addressed as follows: -

Dean M. Spellman, Esq. Mr. Larry Pickard
1850 Mr. Diablo Blvd., Suite 670 APS Supervisor, Financial Abuse Unit
Walnut Creek, CA 94596-4407 Ms. Carrie Wong
Protective Services Worker

David Friedenberg, Esq. Adult Protective Services
2171 Junipero Serra Blvd., #620 P.O.Box 7988
Daly City, CA 94014 San Francisco, CA 94120
Dr. Abraham Nievod Joel Blackman, Esq.
1065 Mariposa Avenue San Francisco Public Guardian's Office
Berkeley, CA 94707 875 Stevenson St., 3" floor

: San Francisco, CA 94103
Emest F, Der, Esq.
101 Howard Street, Suite 490
San Francisco, CA 94105

and served the named document in the manner indicated below:

® BY MAIL: | caused true and correct copies of the above documents, by following ordinary business
Practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the City Attorney's Office
of San Francisco, Fox Plaza Building, 1390 Market Street, City and County of San Francisco, California,
94102, for collection and mailing with the United States Postat Service, and in the ordinary course of
business, correspondence placed for collection on a particular day is deposited with the United States Postal
Service that same day.

CCSF'S SUPP OPPO TO MTN FOR CT ORD RELEASING 1 SHEA THRIWTLLIAM SUBPENAacii? de
CONFID INFO & AUTHOR THE TAKING OF DEPOS;
SIC # PTR-O5-287341oclUNUCOlULUMORUOU NN UNCOUOROUhaNe

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BY PERSONAL SERVICE: I caused true and correct copies of the above documents to be placed
and sealed in envelope{s) addressed to the addressee(s) and I caused such envelope(s) to be delivered by
hand on the office(s) of the addressee(s).

BY EXPRESS SERVICES OVERNITE: I caused true and Correct copies of the above
documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such
envelope(s) to be delivered to EXPRESS SERVICES OVERNITE for overnight courier service to the
office(s) of the addressee(s).

BY FACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile machine.
The fax number of the machine from which the document was transmitted wasFax #', The fax number(s) of
the machine(s) to which the document(s) were transmitted are listed above. The fax transmission was
reported as complete and without error. I caused the transmitting facsimile machine to print a transmission
record of the transmission, a copy of which is attached to this declaration.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed August 29, 2005, at San Francisco, California.

“Auta —
MARILYN M. ROQUE

CCSF'S SUPP OPPO TO MTN FOR CT ORD RELEASING 2 “MWEALTHVWILLIAMSUBPENAiacta? 6oc
CONFID INFO & AUTHOR THE TAKING OF DEPOS;
SHC # PTR-05-287341