On May 04, 2005 a
Motion-Secondary
was filed
involving a dispute between
Ccsf Adult Protective Services,
Dolch, Debra J.,
Ferrero, Jr., Marco,
Ferrero, Natalie,
Ferrero, Nicholas,
Knott, Eva,
Mitchell, Carol,
and
Knott, Eva,
for TRUST (PETITION TO DETERMINE VALIDITY OF PURPORTED WILL)
in the District Court of San Francisco County.
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AINA
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Oct-06-2005 8:52 am
Case Number: PTR-05-287341
Filing Date: Oct-06-2005 8:51
Juke Box: 001 Image: 01297912
DECLARATION
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01297912
. Instructions:
Please place this sheet on top of the document to be scanned.eo Oy A OW Bb WN B
10
C
SPELLMAN & MITCHELL
Attorneys at Law
Dean M. Spellman, #060042
Robert B. Mitchell, #074795
1850 Mt. Diablo Bivd., Ste. 670
Walnut Creek, California 94596-4407
Telephone: (925) 938-5880
Attorney for CAROL MITCHELL
C
FILE
San Francisco County Superior Court
OCT 06 2005
GORDON PABKLL Clerk
on pul er!
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND WILL
DATED NOVEMBER 2, 2004
CAROL MITCHELL,
Petitioner,
vs.
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 anda
will and trust beneficiary,
Respondents.
1, ROBERT B. MITCHELL, declare:
Case Number PTR-05-287341
(Related Case No. PES 05-287457)
DISCOVERY
DECLARATION OF ROBERT B.
MITCHELL IN SUPPORT OF MOTION
FOR ORDER TO COMPEL
RESPONDENT EVA KNOTT TO
RESPOND FURTHER TO
INTERROGATORIES AND
IMPOSING MONETARY SANCTIONS
Date: November 3, 2005
Time: 10:30 a.m.
Dept. No: 612
Filing Date: May 4, 2005
Judge: John Dearman
Trial Date: Not Assigned
1. | am an attorney at law duly admitted to practice before all of the courts of
the State of California and | am one of the attorneys of record herein for Petitioner Carol
Mitchell.
2. That this declaration is made in support of said Petitioner Carol Mitchell's
DECLARATION OF DEAN M. SPELLMAN IN SUPPORT
‘OF MOTION FOR ORDER TO COMPEL RESPONDENT
EVA KNOTT TO RESPOND FURTHER TO
INTERROGATORIES, etc.Cc C
motion compelling further responses to interrogatories and for the imposition of
sanctions.
Service Of Discovery Request
3. That on July 27, 2005, respondent’s counsel was served with Petitioner's
Special Interrogatories, Set No. Two to Respondent. A copy of said interrogatories are
attached hereto and marked as Exhibit "A".
Response to Discovery Request
4. On August 24, 2005, Respondent served her responses thereto. A copy
of said response is attached hereto and marked as Exhibit "B”.
Meet And Confer Requirements
5. That upon receiving respondent’s responses to the subject
interrogatories, a letter was forwarded to Respondent's counsel requesting further
responses to the interrogatories. A copy of said letter is attached hereto and marked as
Exhibit "C”.
6. That in Respondent's counsel's short response thereto, he continued to
assert the objections set forth in the herein attached Exhibit “B” with the exception of
Special Interrogatory 38. However, as of the date of serving this motion, Petitioner has
not received Respondent's verified supplemental response as to Special Interrogatory
38.
Attorney's Fees and Costs
7. That in connection with this matter, ! have expended a total of 4.8 hours
in preparing the within motion and gathering the related exhibits thereto. | expect to
expend an additional 4.6 hours reviewing defendant's opposition hereto, preparing a
reply and attending the hearing.
8. That a reasonable hourly rate in connection with this matter is $300.00
and | request sanctions in the amount of $2,856.30 which includes reimbursement for
the hearing fee of $36.30.
DECLARATION OF DEAN M. SPELLMAN IN SUPPORT
OF MOTION FOR ORDER TO COMPEL RESPONDENT
EVA KNOTT TO RESPOND FURTHER TO
INTERROGATORIES, etc,C €
9. That | request that the above requested sanctions be ordered regardless
of whether the subject discovery responses are received before the hearing of this
matter due to the fact that this plaintiff has, by the filing of this motion, incurred the
attomey's fees and expenses in connection herewith.
| declare under the penalty of perjury under the laws of the State of California
that the foregoing is true and correct and this declaration was executed on September
29, 2005, at Walnut Creek, California.
ERT B. MITCHELL, Attorney for
Petitioner
DECLARATION OF DEAN M. SPELLMAN IN SUPPORT
(OF MOTION FOR ORDER TO COMPEL RESPONDENT
EVA KNOTT TO RESPOND FURTHER TO
INTERROGATORIES, etc,
Document Filed Date
October 06, 2005
Case Filing Date
May 04, 2005
Category
TRUST (PETITION TO DETERMINE VALIDITY OF PURPORTED WILL)
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AINA San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Oct-06-2005 8:52 am Case Number: PTR-05-287341 Filing Date: Oct-06-2005 8:51 Juke Box: 001 Image: 01297912 DECLARATION IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01297912 . Instructions: Please place this sheet on top of the document to be scanned.eo Oy A OW Bb WN B 10 C SPELLMAN & MITCHELL Attorneys at Law Dean M. Spellman, #060042 Robert B. Mitchell, #074795 1850 Mt. Diablo Bivd., Ste. 670 Walnut Creek, California 94596-4407 Telephone: (925) 938-5880 Attorney for CAROL MITCHELL C FILE San Francisco County Superior Court OCT 06 2005 GORDON PABKLL Clerk on pul er! IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED NOVEMBER 2, 2004, AND WILL DATED NOVEMBER 2, 2004 CAROL MITCHELL, Petitioner, vs. 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 anda will and trust beneficiary, Respondents. 1, ROBERT B. MITCHELL, declare: Case Number PTR-05-287341 (Related Case No. PES 05-287457) DISCOVERY DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION FOR ORDER TO COMPEL RESPONDENT EVA KNOTT TO RESPOND FURTHER TO INTERROGATORIES AND IMPOSING MONETARY SANCTIONS Date: November 3, 2005 Time: 10:30 a.m. Dept. No: 612 Filing Date: May 4, 2005 Judge: John Dearman Trial Date: Not Assigned 1. | am an attorney at law duly admitted to practice before all of the courts of the State of California and | am one of the attorneys of record herein for Petitioner Carol Mitchell. 2. That this declaration is made in support of said Petitioner Carol Mitchell's DECLARATION OF DEAN M. SPELLMAN IN SUPPORT ‘OF MOTION FOR ORDER TO COMPEL RESPONDENT EVA KNOTT TO RESPOND FURTHER TO INTERROGATORIES, etc.Cc C motion compelling further responses to interrogatories and for the imposition of sanctions. Service Of Discovery Request 3. That on July 27, 2005, respondent’s counsel was served with Petitioner's Special Interrogatories, Set No. Two to Respondent. A copy of said interrogatories are attached hereto and marked as Exhibit "A". Response to Discovery Request 4. On August 24, 2005, Respondent served her responses thereto. A copy of said response is attached hereto and marked as Exhibit "B”. Meet And Confer Requirements 5. That upon receiving respondent’s responses to the subject interrogatories, a letter was forwarded to Respondent's counsel requesting further responses to the interrogatories. A copy of said letter is attached hereto and marked as Exhibit "C”. 6. That in Respondent's counsel's short response thereto, he continued to assert the objections set forth in the herein attached Exhibit “B” with the exception of Special Interrogatory 38. However, as of the date of serving this motion, Petitioner has not received Respondent's verified supplemental response as to Special Interrogatory 38. Attorney's Fees and Costs 7. That in connection with this matter, ! have expended a total of 4.8 hours in preparing the within motion and gathering the related exhibits thereto. | expect to expend an additional 4.6 hours reviewing defendant's opposition hereto, preparing a reply and attending the hearing. 8. That a reasonable hourly rate in connection with this matter is $300.00 and | request sanctions in the amount of $2,856.30 which includes reimbursement for the hearing fee of $36.30. DECLARATION OF DEAN M. SPELLMAN IN SUPPORT OF MOTION FOR ORDER TO COMPEL RESPONDENT EVA KNOTT TO RESPOND FURTHER TO INTERROGATORIES, etc,C € 9. That | request that the above requested sanctions be ordered regardless of whether the subject discovery responses are received before the hearing of this matter due to the fact that this plaintiff has, by the filing of this motion, incurred the attomey's fees and expenses in connection herewith. | declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct and this declaration was executed on September 29, 2005, at Walnut Creek, California. ERT B. MITCHELL, Attorney for Petitioner DECLARATION OF DEAN M. SPELLMAN IN SUPPORT (OF MOTION FOR ORDER TO COMPEL RESPONDENT EVA KNOTT TO RESPOND FURTHER TO INTERROGATORIES, etc,