Motion-Secondary: 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-19-2005 9:23 am

Case Number: PTR-05-287341
Filing Date: Oct-05-2005 1:34
Juke Box: 001 Image: 01297399
DECLARATION

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

001P01297399

Instructions:
Please place this sheet on top of the document to be scanned.SPELLMAN & MITCHELL F Ir

Attorneys at Law

Dean M. Spellman, #060042 San Frang LED
Robert B. Mitchell, #074795

1850 Mt. Diablo Blvd., Ste. 670 OCT 0 5 2008
Wainut Creek, California 94596-4407

Telephone: (925) 938-5880 a GORDON PARK-LI, Clork
Attorney for CAROL MITCHELL — aa Oe

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

INE RE REVOCABLE LIVING TRUST Case Number PTR-05-287341
AGREEMENT OF CHAR 1s
DATED NOVEMBER 2, 2004, ANDWiLL DISCOVERY

DATED NOVEMBER 2, 2004

DECLARATION OF ROBERT B.
MITCHELL IN SUPPORT OF MOTION
FOR ORDER DIRECTING

CAROL MITCHELL, COMPLIANCE WITH SUBPOENA
DUCES TECUM AND FOR EXPENSES
Petitioner, OF THE MOTION
vs. Date: October 31, 2005
Time: 10:30 a.m.

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

under the REVOCABLE LIVING TRUST 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 and a

will and trust beneficiary,

Respondents.
/

|, ROBERT B. MITCHELL, declare:

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.

DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA DUCES TECUM AND FOR EXPENSES
OF THE MOTION2. That this declaration is made in support of said petitioner’s Motion for
Order Directing Compliance with two (2) Subpoenas Duces Tecum directed to attorney
David Friedenberg and for expenses related to the filing of this motion.

Service of Subpoenas

3. That the August 26" subpoena was presented to attorney Friedenberg on
three (3) separate occasions: the first in May, the second in June and the final one in
August.’ While attorney Friedenberg served objections to all three (3), he did not at any
point produce one (1) document thereunder.

4. That the August 29" subpoena was presented to attorney Friedenberg on
two (2) separate occasions: the first was in July and the second was in August. Again,
Friedenberg served objections but did not at any point produce one (1) document
thereunder.

Meet And Confer

5. Although not required, Petitioner's counsel met and conferred with attorney
Friedenberg regarding the past subpoenas with no success. A copy of that
Correspondence is attached hereto as group Exhibit “H”. Following the obvious fact that
resolution would not be achieved, it was stipulated between counsel that the
correspondence relating to these subpoenas would be applicable to the most current
subpoenas and as a result thereof, and having to other course available, Petitioner
proceeded with the filing of this motion.

Attorneys Fees

6. That in connection with this matter, | have expended a total of 5.2 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.

All three (3) subpoenas were identical but for the production date.

DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION FOR ORDER DIRECTING COMPLIANCE
WITH SUBPOENA DUCES TECUM AND FOR EXPENSES
OF THE MOTION7. That a reasonable hourly rate in connection with this matter is $300.00 and
| request sanctions in the amount of $2,976.30 which includes reimbursement for the
hearing fee of $36.30.

8. That | request that the above requested sanctions be ordered regardless
of whether the subject documents are received before the hearing of this matter due to
the fact that this Petitioner has, by the filing of this motion, incurred the attorney'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 27,

2005, at Walnut Creek, California.

ROBERT B. MITC
Petitioner

LL, Attorney for

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