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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                                San Francisco Superior Courts
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Case Number: PTR-05-287341
Filing Date: Oct-05-2005 1:32
Juke Box: 001 Image: 01297396
. PROBATE MOTION

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

001P01297396

Instructions:
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SPELLMAN & MITCHELL

‘orneys at Law

Dean M. Speltman, #060042 San Francisco County Superior Court
Robert B. Mitchell, #074795

1850 Mt, Diablo Blvd., Ste. 670 OCT 05 2005

Walnut Creek, California 94596-4407

Telephone: (925) 938-5880 GORDON PARK-LI, Clerk
BY: uty Ciers

Attorney for CAROL MITCHELL

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST Case Number PTR-05-287341
DATED NOVEMBER 2, 2004,ANDWiLl DISCOVERY

DATED NOVEMBER 2, 2004
MOTION AND NOTICE OF MOTION

FOR ORDER DIRECTING
COMPLIANCE WITH SUBPOENA

CAROL MITCHELL, ‘ DUCES TECUM AND FOR EXPENSES
OF THE MOTION

Petitioner,

vs. Date: October 31, 2005
Time: 10:30 a.m.

EVA V. KNOTT, Trustee and Beneficia Dept. No: 612

under the REVOCABLE LIVING TRUS Filing Date: May 4, 2005

AGREEMENT OF CHARLES ACTIS Judge: John Dearman

DATED 11/2/04, NICHOLAS FERRERO, Trial Date: Not Assigned
a minor and a will and trust beneficiary

and NATALIE FERRERO, a minor anda

will and trust beneficiary,

Respondents.

TO: DAVID FRIEDENBERG:

NOTICE IS HEREBY GIVEN that on October 31, 2005, at 10:30 a.m., or as soon
thereafter as the matter may be heard, in Department 612 of the above-entitled court
located at 400 McAllister Street, San Francisco, California, petitioner will, and hereby
does move for an order enforcing compliance with two (2) subpoenas duces tecum

issued and served on DAVID FRIEDENBERG, the witness, requiring him to produce

MOTION AND NOTICE OF MOTION FOR ORDER
DIRECTING COMPLIANCE WITH SUBPOENA DUCES
TECUM ANDO FOR EXPENSES OF THE MOTIONow HA Ww

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Certain records. Petitioner will also move for an order requiring DAVID FRIEDENBERG
to pay her the reasonable expenses of making the motion, including reasonable
attorney's fees.

The motion will be made on the ground that the requested documents may lead
to admissible evidence and are related to the within action and the documents are not
otherwise available.

The motion will be based on this notice of motion, on the declaration of Dean M.
Spellman, and the memorandum of points and authorities served and filed herewith, on
the papers and records on file herein, and on such oral and documentary evidence as

may be presented at the hearing of the motio

Dated: September 27, 2005. VES, YS
ROBERT B. MITCHELL, Attorney fo

Petitioner

MOTION AND NOTICE OF MOTION FOR ORDER
DIRECTING COMPLIANCE WITH SUBPOENA DUCES
TECUM AND FOR EXPENSES OF THE MOTIONPROOF OF SERVICE BY MAIL - C.C.P. 1013a, 2015.5
| declare that ! am employed in the County of Contra Costa, California. | am over
the age of eighteen years and not a party to the within cause. My business address is
1850 Mt. Diablo Bivd., Ste. 670, Walnut Creek, CA 94596-4407,
On September 27, 2005, | served the within

MOTION AND NOTICE OF MOTION FOR ORDER DIRECTING COMPLIANCE WITH
SUBPOENA DUCES TECUM AND FOR EXPENSES OF THE MOTION;

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR
ORDER DIRECTING COMPLIANCE WITH SUBPOENA DUCES TECUM AND FOR
EXPENSES OF THE MOTION;

DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER
DIRECTING COMPLIANCE WITH SUBPOENA DUCES TECUM AND FOR EXPENSES.
OF THE MOTION; and

SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ORDER DIRECTING
COMPLIANCE WITH SUBPOENA DUCES TECUM AND FOR EXPENSES OF THE
on the hereinafter named person(s) by placing a true copy thereof enclosed in a sealed

envelope with postage thereon fully prepaid, in the United States mail at Walnut Creek,
California, addressed as follows:

DAVID J. FRIEDENBERG

Attorney at Law

2171 Junipero Serra Boulevard, #620
Daly City, CA 94014

ERNEST F. DER
Attorney at Law

101 Howard Street, Suite 490
San Francisco, CA 94105

CAROLINE K. HINSHAW

425 California Street, Ste. 900

San Francisco, CA 94104

| declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this Declaration was executed on September

27, 2005, at Walnut Creek, California.

Cynthia’D. Greco

MOTION AND NOTICE OF MOTION FOR ORDER
DIRECTING COMPLIANCE WITH SUBPOENA DUCES.
TECUM AND FOR EXPENSES OF THE MOTION