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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Oct-13-2005 11:11 am

Case Number: PTR-05-287341
Filing Date: Oct-13-2005 11:10
Juke Box: 001 Image: 01302410
DECLARATION

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

001P01302410

Instructions:
Please place this sheet on top of the document to be scanned.oem nN HH FY DN =

NOS ee ae ea
RBSRBRRBEHRES FAW ABDEBH HS

DAVID J. FRIEDENBERG, ESQ.
SBN 25026

2171 Junipero Serra Blvd., Ste. 620
Daly City, CA 94014

Telephone: (650) 755-6622
Facsimile: (650) 755-4312

Attorney for Respondent
EVA KNOTT

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

IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND

Case No. PTR-05-287341

WILL DATED NOVEMBER 2, 2004 DECLARATION OF DAVID J.
FRIEDENBERG, ESQ. IN OPPOSITION
TO ORDER DIRECTING COMPLIANCE
CAROL MITCHELL, WITH SUBPOENA DUCES TECUM AND
FOR EXPENSES OF THE MOTION
Petitioner,

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2
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) Date: October 31, 2005
ve ) Time: 10:30 a.m.
)} Dept: 612
EVA KNOTT, Trustee and Beneficiary )
under the REVOCABLE LIVING TRUST)
AGREEMENT OF CHARLES ACTIS }
DATED 11/2/04, NICHOLAS FERRERO, )
a minor and a will and trust beneficiary )
and NATALIE FERRERO, a minoranda_)
will and trust beneficiary, }
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)

Respondents.

I, DAVID J. FRIEDENBERG, do hereby declare as follows:

lam the attorney for Respondent in the above-entitled matter.

Canceled checks, bank records, video tape, Wills, Trust and numerous other documents
of Charles Actis have previously been provided to Petitioner and her attorney. However,
contrary to the Declaration of Dean M. Spellman, Esq., my accounting records, time records,

and/or billing statements, and the files and records of other clients who happened to be named as

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DECLARATION OF DAVID J. FRIEDENBERG IN OPPOSITION TO ORDER DIRECTING COMPLIANCEoO Se KN DH F&F Ww HH =

Ne ee
BNRARRRERREESSEAUAAREEHR AS

Trustee of the Charles Actis Trust, have no relevancy whatsoever to the issues involved herein
i.e. the competency of Charles Actis and whether or not there was any undue influence exercised
upon him by Respondent Eva Knott, and said records and documents are not reasonably
calculated to lead to any admissible evidence. Despite numerous requests, Petitioner has failed
and refused to show the relevancy of said requested documents to the issues herein, obviously
because he is unable to do so. The mere assertion by Mr. Spellman is not sufficient.

It is submitted there that no good cause for production of satd documents has been shown,
and that the Motion herein was filed for the purpose of harassing me and my client, and forcing
my client to expend unnecessary sums on attorneys fees. It should be noted that Petitioner has no
such concer as she is the wife of Robert B. Mitchell, partner of Spellman & Mitchell, who filed
the Motion herein. In view of the fact that this Motion was made in bad faith, it is requested that
the court order Petitioner and her attomeys, Spellman and Mitchell, pay my attorneys fees and
sanctions herein pursuant to CCP §1987.2.

T have expended five (5) hours time reviewing Petitioner’s Motion herein and preparing
Opposition. It is anticipated that reviewing Petitioner’s Reply, preparation and appearance in the
court on said Motion will be another two (2) hours, for a total of seven (7) hours. My standard
billing rate is $250/hr. for a total of $1,750.00.

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

foregoing is true and correct to the best of my knowledge. Executed thisl!2-_ day of October,
2005 in Daly City, California.

DAVID J. RID BERG, ESQ.

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DECLARATION OF DAVID J. FRIEDENBERG IN OPPOSITION TO ORDER DIRECTING COMPLIANCE,