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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-29-2013 9:56 am
Case Number: PTR-06-288755
Filing Date: Mar-29-2013 9:47
Filed by: NOELIA RIVERA
Juke Box: 001 Image: 03998874
SUBSEQUENT PROBATE PETITION
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P03998874
Instructions:
Please place this sheet on top of the document to be scanned.DANIEL A. CONRAD (076110)
ROBIN RUDDEROW (124919)
ELISABETH J. HANOWSKY (252478)
Law Offices of Daniel A. Conrad
San Francis i
1550 Bryant Street, Suite 760 'an Francisco Gounty Superior Court
San Francisco, CA 94103 ean
Phone: (415) 359-0900 MAR GLUT
Fax: (415) 359-0073 CLERK OF THE Court
Attorneys for Plaintiff HERB THOMAS, By: Oana. x
Conservator and Trustee eputy Clerk
JUN 18 2013
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO —_pASaAATE DEPARTMENT
or |
9:00 A.M.. RM. 26
TRUSe L. HART REVOCABLE NO. PTR-06-288755
TRUST
PETITION FOR ORDER TO PAY
dated May 19, 2004. LITIGATION COUNSEL FEES, TO
CONTINUE LEGAL
REPRESENTATION, AND TO WAIVE
NOTICE TO TRUST BENEFICIARY
Cross Ref. Case No. PCN-06-288756
Conservatorship of Rosia Lee Hart
Herb Thomas, successor trustee of the Rosia L. Hart Revocable Trust
("Petitioner"), presents his Petition for Authority to Pay Litigation Counsel Fees as
follows:
1. Introduction.
On November 16, 2006, in Case No. PCN-06-288756, Petitioner was appointed
the Probate Conservator of the Estate of Rosia L. Hart and he was appointed
Successor Trustee of the Rosia L. Hart Revocable Trust in this case.
On May 9, 2012, this Court authorized Petitioner to hire the Law Offices of Daniel
A. Conrad ("litigation counsel") to represent Petitioner to “secure the rental income
streams from the Newhall and Suisun City properties, including bringing unlawful
detainer actions if necessary, dissolve Bayview Village LLC, and pursue collection
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
1efforts against Gregory Wiggins, including a debtor’s exam.” Ex Parte Order
Authorizing Trustee To Hire Counsel for Litigation, Business and Landlord Tenant
Matters and Waiving Notice to Gregory Wiggins, 2:7-9.
2. Litigation Counsel Services
Petitioner began working with litigation counsel in December 2011 on the matters
subsequently authorized by the Court's May 9, 2012 Order, as follows:
2.1 Collection efforts against Gregory Wiggins.
On April 1, 2011, Petitioner obtained, on Rosia L. Hart's behalf, a Judgment
against Gregory Wiggins. The Judgment returned to Rosia L. Hart several real
properties, including 950 Newhall Street, San Francisco, CA (“950 Newhall”) and 1760
Dover Circle, Suisun City, CA (the “Suisun City property”), and awarded damages of
$1,620,000, which included double damages pursuant to Probate Code §859, and
$12,000 attorney's fees for financial elder abuse. Petitioner recorded Abstracts of
Judgment against Gregory Wiggins in San Francisco, Contra Costa, and Solano
Counties.
Litigation counsel sought to take Gregory Wiggins’ debtor’s exam to determine if
he has any assets to satisfy Petitioner's judgment against him. Gregory Wiggins was
difficult to locate for service until litigation counsel learned of his schedule in the San
Francisco criminal court, where he is facing charges in connection with his financial
abuse of Rosia L. Hart. Litigation counsel was able to serve the Application and Order
for Appearance and Examination. Gregory Wiggins twice did not appear at his debtor's
exam, so then a bench warrant was issued for his arrest. At the exam, litigation
counsel learned that Gregory Wiggins owns two parcels of real property in Contra
Costa County, one of which he owes more for it than it is worth. According to his
testimony, Wiggins has a bank account with “hundreds of dollars in it” and he denied
owning any other assets.
PETITION FOR ORDER TO PAY LITIGATION COUNSE: FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
22.2 Dissolve Bayview Village LLC.
Gregory Wiggins formed Bayview Village LLC with Rosia Hart to hold title to and
develop 950 Newhall. After the judgment was obtained against Gregory Wiggins and
title to 950 Newhall was returned to Rosia Hart, Petitioner wanted to dissolve Bayview
Village LLC to separate Rosia Hart from Gregory Wiggins. Litigation counsel dissolved
the LLC, and this matter is concluded.
2.3 Resolve non-payment of rent from tenant at 950 Newhall Street.
Despite the efforts of Petitioner's property manager, and Petitioner himself,
tenant Rony Calderon at 950 Newhall declined to pay rent to Petitioner and continued
to make rent payments to Rosia Hart. Litigation counsel was going to serve Rony
Calderon with a 3 Day Notice to Pay Rent or Quit, but then decided to first serve him
with a Notice to Tenant, attaching Petitioner's Letters of Conservatorship and the
Judgment against Gregory Wiggins, and directing him to pay rent to Petitioner. When
Rony Calderon still refused to pay rent to Petitioner, the Three Day Notice to Pay Rent
or Quit previously prepared by litigation counsel was modified to change the date of the
unpaid rent, and was served by Petitioner's Probate Counsel, Andrew Schultz.
Through communication between an attorney for Rony Calderon and Andrew Schultz,
the matter was resolved and rent for 950 Newhall is now paid to Petitioner.
2.4 Resolve non-payment of rent from occupants at the Suisun City property.
The Suisun City property was occupied, but neither Petitioner's property
manager nor litigation counsel were able to learn the identity of the occupants, despite
visits and correspondence to the property, and no rent was paid to Petitioner by the
occupants. Litigation counsel served a 60 Day Notice Changing Terms of Tenancy, to
impose rent at the rate of $1,800 per month, payable to Petitioner. When no rent was
received at the end of the 60 Day Notice, litigation counsel prepared and served a 3
Day Notice to Pay Rent or Quit. At the end of the 3 Day Notice, when there had been
no rent received, litigation counsel prepared and filed for Petitioner an Unlawful
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
3Detainer action against “Does 1 to 20” in Solano County Superior Court, case no.
FCM131151. The Unlawful Detainer proceeded unopposed. Litigation counsel had
default judgment entered on October 17, 2012 and had a Writ of Possession issued.
The Solano County Sheriff removed two women from the Suisun City property. After
the eviction, one of the women spoke to litigation counsel and explained that they had
not responded to the Notices and pleadings served at the property because Gregory
Wiggins had told her they were a “scare tactic,” all the while he continued to collect rent
from the women. As to litigation counsel, this matter is now resolved.
Pursuant to the Order Instructing Trustee Regarding the Management of The
Settlor’s Real Property and Finances, dated February 11, 2013, Petitioner will rent out
the Suisun City property.
3. Nature and difficulty of the tasks performed-CRC Rule 7.702(1).
No prior petitions in this case have been submitted requesting payment of
litigation counsel's fees. As authorized in the Court’s May 9, 2012 Order authorizing
Petitioner to hire litigation counsel, Petitioner paid litigation counsel a $3,500 advance.
Attached as Exhibit A is a detailed listing of the legal services provided and costs
incurred by litigation counsel from December 6, 2011 to February 28, 2013.
The services provided by litigation counsel included the following tasks:
3.1 Collection efforts against Gregory Wiggins.
- Communicate with Petitioner's probate attorney, Andrew Schultz, and review
judgment against Gregory Wiggins;
- Draft and file Application for Debtor Examination and Order of Examination;
- Personally serve Gregory Wiggins with Order of Examination;
- Draft examination questions for debtor's exam;
- Attend debtor's exam twice, on August 22, 2012 and September 25, 2012, but
Gregory Wiggins did not appear;
- Submit Application for Bench Warrant to Sheriff's Office for Gregory Wiggins’
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
4arrest for failure to appear at debtor's exam;
- Attend and conduct debtor's exam on January 22, 2013.
3.2 Dissolve Bayview Village LLC.
- Communicate with Petitioner's probate attorney, Andrew Schultz, and review
judgment against Gregory Wiggins;
- Review LLC documents;
- Legal research re dissolution of LLC;
- Draft Certificate of Cancellation to dissolve LLC;
- Communicate with Petitioner regarding dissolution of LLC:
- File Certificate of Cancellation with California Secretary of State.
3.3 Resolve non-payment of rent from tenant at 950 Newhall Street.
- Draft and serve Notice to Tenant Rony Calderon, formally notifying him to pay
rent to Petitioner;
- Draft 3 Day Notice to Pay Rent or Quit;
- Communicate with Petitioner and his Probate attorney, Andrew Schultz,
regarding no rent received from tenant despite Notice to Tenant;
- Provide 3 Day Notice to Pay Rent or Quit to Andrew Schultz and confer with
him regarding service of the 3 Day Notice;
- Confirm with Andrew Schultz that Rony Calderon was paying rent to Petitioner.
3.4 Resolve non-payment of rent from occupants at the Suisun City property.
- Correspondence to occupants of Suisun City property requesting they pay rent
to Petitioner;
- Draft and serve Notice of Change of Terms of Tenancy, establishing rent of
$1,800 per month, to be paid to Petitioner;
- Confirm with Andrew Schultz that Petitioner did not receive rent from Suisun
City occupants;
- Confirm with Petitioner's staff that Suisun City property has not been
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARYNewhall is paying rent to Petitioner.
4.4 Resolve non-payment of rent from occupants at the Suisun City property.
The occupants of the Suisun City property have been evicted.
5. Amount requested, the hourly rate of each person who performed
services and the hours spent by each of them, and the service rendered in
sufficient detail to demonstrate the productivity of the time spent-CRC Rule
7.702(4)-(6)
As set forth on the attached Exhibit A, litigation counsel incurred fees in the total
amount of $19,420 for services provided by litigation counsel to Petitioner from
December 6, 2011 through February 28, 2013, and litigation counsel advanced costs in
the amount of $1,448.69. Pursuant to the Court’s May 9, 2012 Order, Petitioner paid
litigation a retainer of $3,500. The balance due to litigation counsel is $17,368.69.
The hourly rates in effect for litigation counsel between December 6, 2011 and
February 28, 2013 were:
12/11 01/12 to present
Daniel A. Conrad $390 $420
Robin Rudderow $320 $360
Elisabeth J. Hanowsky $250 $270
Melanie O’Brien $75 $75
Ineke Van Grunsven $75 $75
Daniel A. Conrad has been licensed by the State of California as an attorney
since December 1977. Daniel A. Conrad has an AV peer review rating with Martindale-
Hubbell. He is a member of the San Francisco Probate Court pro bono mediation panel
for estate and trust litigation. He has extensive experience in contested probate and
real property matters.
Robin Rudderow has been licensed by the State of California as an attorney
since December 1986. Robin Rudderow has an AV peer review rating with Martindale-
Hubbell, a Masters of Law degree in taxation, and extensive experience in contested
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
7probate and real property matters.
Elisabeth J. Hanowsky has been licensed as an attorney by the State of
California since 2007.
Ineke Van Grunsven and Melanie O’Brien are paralegals who meet the
requirements set forth in Business and Professions Code section 6450. The paralegal
services provided in this matter were of benefit to the estate because the cost of having
the work performed by the paralegal and reviewed by the attorney does not exceed the
amount appropriate if the attorney had performed the services without the paralegal’s
assistance.
Set forth in the attached Exhibit A is a complete listing of the services provided
by each attorney and paralegal that worked on this case, including the time spent by
each attorney and paralegal.
6. Request to continue legal representation.
Petitioner requests that litigation counsel continue to represent him in the matter
of collecting the judgment against Gregory Wiggins.
Petitioner also requests that he be authorized to continue to be represented by
litigation counsel in matters concerning the future commercial leasing of a vacant space
in the real property at 950 Newhall Street, San Francisco, CA, as well as any other real
property and/or landlord-tenant matters that may arise.
7. Trust beneficiaries.
During her lifetime, Rosia L. Hart is the sole beneficiary of the Trust. Upon her
death, the Trust provides for specific gifts to Adeline Reed, Gayle R. Reed, Rosalind D.
Reed Williams, Henry Gaines, and Gregory Wiggins, who is also the residual
beneficiary. The names and addresses of the beneficiaries of the Trust, all of whom
are adults, are:
Rosia Lee Hart
3133 Crestline Court
Antioch, CA 94531
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
8Adeline Reed
306 Portland Avenue
Oakland, CA 94606
Gayle R. Reed
2389 Flatley Circle
Fairfield, CA 94533
Rosalind Reed Williams
4766 Stonewood Drive
Fairfield, CA 94531
Henry Gaines
1490 Kennedy Ave
Weed, CA 96094
Gregory Wiggins
211 Tanager Way
Hercules, CA 94547
8. Waiver of Notice to Gregory Wiggins
Because Gregory Wiggins has financially abused Mrs. Hart, and because this
petition discusses efforts to enforce a judgment for damages against him, Petitioner
requests that the requirement of notice of this petition to Gregory Wiggins be waived.
9. Request for Special Notice
By ex parte Order dated October 11, 2006, the request by Baum Thornley
Architects for special notice was granted, and notice will be provided through their
attorneys, Cablentz, Patch, Duffy & Bass LLP, One Ferry Building, Suite 200, San
Francisco, CA 94111-4213.
WHEREFORE, Petitioner requests an order of this court:
1. Authorizing Petitioner to pay the balance due of litigation counsel's fees
and expenses from December 6, 2011 to February 28, 2013 in the total amount of
$17,368.69;
2. Authorizing Petitioner to continue to retain the services of the Law Offices
of Daniel A. Conrad to pursue a possible collection action Gregory Wiggins, to assist
Petitioner with commercial leasing matters for the real property located at 950 Newhall
Street, San Francisco, CA, and to assist Petitioner in any other real property or
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
927
28
landlord-tenant matters that arise;
3. Waiving notice of this petition to Gregory Wiggins; and
4. For such other and further relief and the court deems appropriate.
DATED: March |! _, 2013
Giehick daddies
Attorney for Plaintiff HERB THOMAS,
Conservator and Trustee
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
1027
28
VERIFICATION
|, Herb Thomas, declare:
| am the Trustee of the Rosia L. Hart Revocable Trust, San Francisco Superior
Court No. PTR-06-288755. | am a party to this proceeding. | am informed and believe
and on that ground allege that the matters stated in the Petition for Order to Pay
Litigation Counsel Fees, to Continue Legal Representation, and to Waive Notice to
Trust Beneficiary, described above are true.
| declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this verification was executed on March _ ,
2013 at Maw d w , California.
Hh Sse
HERB THOMAS
PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES,
TO CONTINUE LEGAL REPRESENTATION,
AND TO WAIVE NOTICE TO TRUST BENEFICIARY
11Law Offices of
DANIEL A. CONRAD
1550 Bryant Street, Suite 760
San Francisco, CA 94103
(415) 359-0900
—SeaaaeaeaeaeaeaeaeaeasssSsS——o———————SSS
Invoice submitted to:
Herb Thomas
875-A Island Drive, Suite 387
Alameda, CA 94502
March 11, 2013
In Reference To:Rosia L. Hart Revocable Trust
Client 11-073
Professional Services
12/6/2011 - DAC
12/9/2011 - DAC
12/12/2011 - DAC
12/13/2011 - DAC
- DAC
1/30/2012 - DAC
2/1/2012 - DAC
2/2/2012 - DAC
Legal
Conference with Andrew Schultz regarding properties, collection of
money judgment, case status.
Legal
Correspondence from, telephone call to Andrew Schultz regarding
Bayview Village LLC.
Legal
Correspondence from Andrew Schultz (2).
Legal
Correspondence from Andrew Scultz. Review correspondence
from San Francisco District Attorney. Review LLC documents.
Conference with Robin Rudderow. Research.
Legal
Telephone call from Andrew Schultz regarding LLC, judgment.
Legal
Conference with Daniel A. Conrad regarding terminate LLC interest.
Legal
Correspondence from, correspondence to Andrew Schultz.
Research regarding notice of default.
Legal
Correspondence from Andrew Schultz regarding LLC.
Legal
Telephone call to Andrew Schultz regarding LLC, debtor's exam.
Hrs/Rate
2.00
390.00/hr
0.20
390.00/hr
0.10
390.00/hr
0.50
390.00/hr
0.40
390.00/hr
0.20
320.00/hr
0.30
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
_— Amount
780.00
78.00
39.00
195.00
156.00
64.00
126.00
42.00
42.00
avo A .
NatHerb Thomas
2/6/2012 -
2/7/2012 -
2/9/2012 -
2/10/2012 -
2/23/2012 -
2/27/2012 -
2/28/2012 -
2/29/2012 -
3/5/2012 -
3/7/2012 -
3/8/2012 -
DAC
DAC
DAC
DAC.
DAC
DAC.
DAC
DAC
DAC
DAC
DAC
DAC
DAC
Legal
Correspondence from, telephone call to Andrew Schultz (voicemail)
regarding commercial tenant.
Legal
Telephone call to Andrew Schultz regarding tenant, judgment
issues.
Legal
Review judgment against Gregory Wiggins.
Legal
Correspondence from Andrew Schultz regarding escrow funds.
Legal
Telephone call to Andrew Schultz regarding Chase subpoena for
loan records.
Legal
Review correspondence to Suisun City tenant.
Legal
Telephone call from Andrew Schultz regarding telephone call from
Judge Breyer (voicemail).
Legal
Correspondence from, telephone call to Andrew Schultz regarding
Hercules tenant, telephone call from Judge Breyer.
Legal
Conference with Andrew Schultz regarding get all Hart files from
Victor Shum.
Legal
Correspondence from Andrew Schultz (3). Telephone call to A.
Schultz regarding Hercules property.
Legal
Correspondence from Andrew Schultz regarding LLC, Suisun City
property.
Legal
Conference with Andrew Schultz regarding LLC, Newhall and
Suisun City tenants, Chase refinance loan. Review LLC
documents..
Legal
Telephone call to, from, correspondence from Andrew Schultz
regarding Newhall 3 day notice, Suisun City notice of change of
terms. Review correspondence to Newhall tenant. Revise 3 day
Notice, notice of change of terms of tenancy. Correspondence to
Herb Thomas (2).
Hrs/Rate
0.10
420.00/hr
1.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.50
420.00/hr
0.70
420.00/hr
Page 2
Amount
42.00
462.00
42.00
42.00
42.00
42.00
42.00
42.00
42.00
42.00
42.00
210.00
294.00Herb Thomas
3/9/2012 -
3/12/2012 -
3/13/2012 -
3/14/2012 -
3/19/2012 -
3/22/2012 -
3/28/2012 -
DAC
VG
DAC
RR
RR
RR
DAC.
IVG
Legal
Revise Newhall 3 day notice, Suisun notice of change of terms.
Legal
Add text to Notice of Change of Terms of Tenancy for the 1760
Dover Circle property in Suisun City and to the Three Day Notice to
Pay Rent or Quit for the 950 Newhall Street property in San
Francisco.
Legal
Conference with Robin Rudderow regarding Newhall, Suisun City
notices. Revise correspondence to Herb Thomas.
Legal
Revise notices for 1760 Dover Circle, Suisun and 950 Newhall St.,
San Francisco. Conference with Daniel A. Conrad.
Legal
Review Andrew Schultz 2/23/12 correspondence to Rony Calderon.
Review file. E-mail to Andrew Schultz.
Legal
E-mail to Andrew Schultz regarding notice to Rony Calderon.
Revise Notice of Change of Terms of Tenancy to 1760 Dover
Circle, Suisun City, California. Conference with Daniel A. Conrad.
E-mail revised Suisun City Notice to Andrew Schultz and Herb
Thomas.
Legal
Conference with Robin Rudderow.
Legal
Draft Notice to Tenant to Rony Calderon. Review court register of
actions regarding conservatorship and trust. E-mail to Andrew
Schultz.
Legal
E-mail to client regarding notices to Suisun City occupant and Rony
Calderon.
Legal
Revise Notice to Suisun City occupants. E-mail to client. Prepare
notice to serve on Rony Calderon. E-mail to Wheels of Justice.
Review proof of service by mail for notice to Suisun City occupants.
Legal
Prepare Proof of Service for Notice of Change of Terms of
Tenancy for tenant(s) at 1760 Dover Circle, Suisun City and serve
the Notice via mail.
Hrs/Rate
0.10
420.00/hr
0.20
75.00/hr
0.20
420.00/hr
0.70
360.00/hr
0.50
360.00/hr
0.80
360.00/hr
0.10
420.00/hr
1.00
360.00/hr
0.30
360.00/hr
0.70
360.00/hr
0.10
75.00/hr
Page 3
Amount
42.00
15.00
84.00
252.00
180.00
288.00
42.00
360.00
108.00
252.00
7.50Herb Thomas
3/29/2012 -
4/11/2012 -
4/17/2012 -
4/26/2012 -
5/4/2012 -
5/9/2012 -
5/15/2012 -
5/31/2012 -
6/12/2012 -
6/13/2012 -
6/14/2012 -
RR
VG
DAC.
RR
DAC
DAC
DAC
EJH
DAC.
Legal
E-mail Rony Calderon notice to Wheels of Justice. E-mail from
Wheels of Justice confirming service completed. E-mail to client.
Legal
E-mail to client regarding has rent been received from Rony
Calderon.
Legal
E-mail to Andrew Schultz.
Legal
Review email from Andrew Schulz requesting a 3 Day Notice to
serve on Rony Calderon. Telephone conversation with Daniel A.
Conrad and correspondence to Robin Rudderow regarding same.
Legal
E-mail from/to Andrew Schultz.
Legal
Correspondence from Andrew Schultz regarding Order to Retain
Counsel.
Legal
Telephone call from Andrew Schultz regarding Newhall tenant
unpaid rent.
Legal
Telephone call from Andrew Schultz regarding Rony Calderon paid
May rent, claims April rent was paid to Rosia Hart.
Legal
Conference with Andrew Schultz regarding LLC dissolution, Suisun
City tenant, Wiggins debtor's exam, Tanager property.
Legal
Research regarding LLC dissolution. Review LLC documents.
Telephone call to Andrew Schultz.
Legal
Conference call with Herb Thomas and Andrew Schultz regarding
dissolution of LLC, Order of Examination of Gregory Wiggins.
Legal
Review documents file, prepare LLC dissolution.
Legal
Conference with Elisabeth Hanowsky.
Hrs/Rate
0.30
360.00/hr
0.10
360.00/hr
0.10
360.00/hr
0.20
75.00/hr
0.30
360.00/hr
0.20
420.00/hr
0.10
420.00/hr
0.20
360.00/hr
1.00
420.00/hr
0.80
420.00/hr
0.50
420.00/hr
0.50
270.00/hr
0.10
420.00/hr
Page 4
Amount
108.00
36.00
36.00
15.00
108.00
84.00
42.00
72.00
420.00
336.00
210.00
135.00
42.00Herb Thomas
6/14/2012 -
6/15/2012 -
6/18/2012 -
6/19/2012 -
6/20/2012 -
6/22/2012 -
2/1/2013 -
EJH
DAC.
DAC
EJH
EJH
EJH
DAC
EJH
IVG
EJH
DAC
DAC
Legal
Conference with Daniel A. Conrad.
Legal
Review and revise Certificate of Cancellation. Revise
correspondence to Herb Thomas.
Legal
Memorandum to Elisabeth Hanowsky regarding Order of
Examination.
Legal
Telephone call to Corporation Service Company. Internet research
tegarding final taxes. Prepare Certificate of Cancellation.
Conference with Daniel A. Conrad.
Legal
Review file. Prepare Order for examination.
Legal
Revise Order for Examination and association of counsel. Review
of court filings.
Legal
Correspondence from Herb Thomas regarding LLC cancellation.
Legal
Revise Application. Email to Andrew Schultz.
Legal
Prepare correspondence to Corporation Service Company to file
the Certificate of Cancellation for Bayview Village, LLC over the
counter with the California Secretary of State.
Legal
Review local rules on debtor examinations. Emails to/from Andrew
Schultz. Review calendar.
Legal
Draft fee petition.
Legal
Correspondence from Old Republic Title Company. Review
reconveyance of deed of trust against Gregory Wiggins’ property in
Antioch. Correspondence to Andrew Schultz. Telephone call from
A. Schultz. Correspondence to Old Republic Title Company
regarding homestead declaration.
Legal
Revise Amold, Schultz declarations.
Hrs/Rate
0.10
270.00/hr
0.10
420.00/hr
0.10
420.00/hr
0.50
270.00/hr
0.50
270.00/hr
0.30
270.00/hr
0.10
420.00/hr
0.10
270.00/hr
0.10
75.00/hr
0.20
270.00/hr
0.70
360.00/hr
0.30
420.00/hr
0.10
420.00/hr
Page 5
Amount
27.00
42.00
42.00
135.00
135.00
81.00
42.00
27.00
7.50
54.00
252.00
126.00
42.00Herb Thomas
2/4/2013 -
2/6/2013 -
2/11/2013 -
2/14/2013 -
2/19/2013 -
2/25/2013 -
2/27/2013 -
2/28/2013 -
DAC
DAC
DAC.
RR
RR
Legal
Review memorandum from Melanie O'Brien regarding homestead,
judgment.
Legal
Correspondence from Old Republic Title Company regarding no
homestead declaration on Gregory Wiggins’ Antioch property.
Correspondence to, from Andrew Schultz. Review correspondence
from A. Schultz to Herb Thomas. Instructions to Melanie O'Brien
regarding homestead research.
Legal
Conference with Andrew Schultz regarding hearing on petition for
instructions, deeds for Suisun City property.
Legal
Fee petition: Draft fee petition.
Legal
Fee petition: Revise fee petition.
Legal
Revise fee petition.
Legal
Fee Petition: Revise fee petition. Review court register of actions
regarding status of properties.
Legal
Review court calendar.
Legal
Revise fee petition.
Legal
Revise fee petition.
SUBTOTAL:
Gregory Wiggins
7/9/2012 - DAC Legal
70/2012 -
DAC
Correspondence to Herb Thomas regarding filed Certificate of
Cancellation for Bayview Village LLC.
Gregory Wiggins
Legal
Conference with Andrew Schultz regarding serving Wiggins with
Order of Examination.
Gregory Wiggins
Hrs/Rate
0.10
420.00/hr
0.30
420.00/hr
0.10
420.00/hr
1.50
360.00/hr
0.60
360.00/hr
1.00
360.00/hr
0.50
360.00/hr
0.20
270.00/hr
0.50
360.00/hr
0.70
360.00/hr
25.00
0.10
420.00/hr
0.20
420.00/hr
Page 6
Amount
42.00
126.00
42.00
540.00
216.00
360.00
180.00
54.00
180.00
252.00
9,187.00
42.00
84.00Herb Thomas
7/11/2012 -
7/12/2012 -
7/13/2012 -
7/16/2012 -
7/18/2012 -
EJH
EJH
DAC
MOB
EJH
RR
DAC.
EJH
MOB
DAC
EJH
Legal
Finalize the Order for Examination and Association of Counsel.
Serve, prepare for filing.
Gregory Wiggins
Legal
Conference with Daniel A. Conrad.
Gregory Wiggins
Legal
Review, sign Order of Examination.
Gregory Wiggins
Paralegal
Attempt to file Application for Debtor Exam at 400 McAllister Street.
Discuss procedure of filing with Probate Department. Discuss
procedure with Daniel A. Conrad and Elisabeth Hanowsky.
Gregory Wiggins
Legal
Conference with Daniel A. Conrad and Melanie O'Brien regarding
failed filing.
Gregory Wiggins
Legal
E-mail to Andrew Schultz. Telephone call to client.
Gregory Wiggins
Legal
Conference with staff regarding filing Order of Examination.
Gregory Wiggins
Legal
Conferences with Daniel A. Conrad and Melanie O'Brien regarding
filing of debtor exam request (court strike).
Gregory Wiggins
Paralegal
Attempt to file Application for Debtor's Exam at 400 McAllister
Street (prevented due to clerks on strike). File Debtor's Exam via
One Legal.
Gregory Wiggins
Legal
Conference with Elisabeth Hanowsky and Melanie O'Brien
regarding inability to file Order of Examination due to clerk strike.
Gregory Wiggins
Legal
Telephone call to Department 204 (voicemail).
Gregory Wiggins
Hrs/Rate
0.30
270.00/hr
0.10
270.00/hr
0.10
420.00/hr
0.90
75.00/hr
0.20
270.00/hr
0.10
360.00/hr
0.10
420.00/hr
0.20
270.00/hr
0.70
75.00/hr
0.10
420.00/hr
0.10
270.00/hr
7
Amount
81.00
27.00
42.00
67.50
54.00
36.00
42.00
54.00
52.50
42.00
27.00Herb Thomas
7/19/2012 -
7/20/2012 -
4:36 PM
7/23/2012 -
7/24/2012 -
EJH
DAC.
DAC
MOB
DAC
MOB
EJH
DAC
DAC
EJH
Legal
Memorandum to Melanie O'Brien regarding filing. Review of court
tules. Telephone call to San Francisco court, Department 204 and
Department 514.
Gregory Wiggins
Legal
Telephone call to Andrew Schultz regarding Wiggins examination
(voicemail).
Gregory Wiggins
Legal
Conference with Melanie O'Brien regarding difficulty in filing Order
of Examination.
Gregory Wiggins
Paralegal
Draft Proof of Personal Service for Daniel A. Conrad to serve on
Gregory Wiggins.
Gregory Wiggins
Legal
Review issued Order of Examination. Conference with Melanie
O'Brien regarding proof of service. Telephone call to Andrew
Schultz. Correspondence to Herb Thomas.
Gregory Wiggins
Paralegal
Conference with Civil and Probate Departments regarding Debtor's
Examination. Travel to and from 400 McAllister Street.
Conference with Daniel A. Conrad regarding filing options. Call
Department 514 to check filing status. Call Probate Department to
check filing status.
Gregory Wiggins
Legal
Review file for Application for Exam, conference with Daniel A.
Conrad regarding service.
Gregory Wiggins
Legal
Telephone call to Andrew Schultz. Conference with Elisabeth
Hanowsky regarding service of Order of Examination.
Gregory Wiggins
Legal
Conference with Elisabeth Hanowsky regarding service of order of
examination on Gregory Wiggins.
Gregory Wiggins
Legal
Attend criminal trial of Gregory Wiggins. Personally serve with
Order of Examination for Debtor exam. Prepare proof of service,
Page 8
Hrs/Rate Amount
0.50 135.00
270.00/hr
0.10 42.00
420.00/hr
0.10 42.00
420.00/hr
0.10 7.50
75.00/hr
0.20 84.00
420.00/hr
1.30 97.50
75.00/hr
0.20 54.00
270.00/hr
0.20 84.00
420.00/hr
0.10 42.00
420.00/hr
2.30 621.00
270.00/hrHerb Thomas
7/30/2012 -
8/21/2012 -
8/22/2012 -
8/24/2012 -
9/14/2012 -
9/25/2012 -
9/26/2012 -
10/2/2012 -
2:26 PM
EJH
DAC
DAC
EJH
DAC
DAC
DAC.
DAC
EJH
EJH
note to file.
Gregory Wiggins
Legal
Review correspondence to court.
Gregory Wiggins
Legal
Correspondence from Cathleen Chattler regarding LLC.
Conference with Andrew Schultz regarding LLC, Wiggins
examination.
Gregory Wiggins
Legal
Court appearance for Gregory Wiggins examination.
Non-appearance, warrant letter sent for 9/25 hearing.
Correspondence to Herb Thomas.
Gregory Wiggins
Legal
Prepare examination questions for debtor exam.
Gregory Wiggins
Legal
Conference with Andrew Schultz. Prepare for Wiggins examination.
Gregory Wiggins
Legal
Correspondence to Andrew Schultz; telephone call to Cathleen
Chattler regarding LLC, FTB.
Gregory Wiggins
Legal
Conference with Andrew Schultz regarding accountings, order of
examination.
Gregory Wiggins
Legal
Telephone call from Herb Thomas. Court appearance regarding
Wiggins examination - did not appear. Go to San Francisco Sheriff
to obtain form for bench warrant. Correspondence to H. Thomas.
Telephone call to Andrew Schultz.
Gregory Wiggins
Legal
Review file and code citations regarding issuance of warrant. Draft
request to Sheriff.
Gregory Wiggins
Legal
Correspondence to court. Prepare Sheriff's Instructions for Bench
Warrant. Research local forms, procedures for bench warrants.
—Hrs/Rate
0.10
270.00/hr
0.10
420.00/hr
1.20
420.00/hr
1.50
270.00/hr
0.50
420.00/hr
0.20
420.00/hr
0.10
420.00/hr
1.30
420.00/hr
0.20
270.00/hr
0.50
270.00/hr
Page 9
Amount
27.00
42.00
504.00
405.00
210.00
84.00
42.00
546.00
54.00
135.00Herb Thomas
10/16/2012 -
11/29/2012 -
11/30/2012 -
1/15/2013 -
1/22/2013 -
1/25/2013 -
1/28/2013 -
1/29/2013 -
1/31/2013 -
EJH
DAC
EJH
DAC
DAC
RR
RR
DAC
DAC
DAC
DAC
Gregory Wiggins
Legal
Revise Warrant request (court requested increased fee).
Correspondence to court.
Gregory Wiggins
Legal
Conference with Andrew Schultz regarding Wiggins examination.
Gregory Wiggins
Legal
Telephone call to/telephone call from Contra Costa Sheriff's office.
Email to Andrew Schultz regarding warrant served, hearing 1/22/13.
Gregory Wiggins
Legal
Telephone call from clerk regarding OEx on 1/22.
Gregory Wiggins
Legal
Prepare for Wiggins examination. Court appearance to take
debtor's exam. Correspondence to Herb Thomas.
Gregory Wiggins
Legal
Legal research regarding debtor's exam.
Gregory Wiggins
Legal
Update billing.
Gregory Wiggins
Legal
Correspondence from, telephone call to Andrew Schultz.
Correspondence to title company regarding deeds of trust research.
Gregory Wiggins
Legal
Review deeds of trust on Tanager and Crestline properties.
Correspondence to Andrew Schultz.
Gregory Wiggins
Legal
Conference with Andrew Schultz. Review criminal case subpoenas,
documents. Prepare declarations of custodian of records.
Gregory Wiggins
Legal
Telephone call from Andrew Schultz tegarding Wiggins properties,
loans, subpoena from Wiggins’ lawyer. Research regarding
privilege in criminal case.
Hrs/Rate
0.20
270.00/hr
0.10
420.00/hr
0.30
270.00/hr
0.10
420.00/hr
2.80
420.00/hr
0.30
360.00/hr
0.30
360.00/hr
0.30
420.00/hr
0.10
420.00/nr
1.10
420.00/hr
0.30
420.00/hr
Page 10
Amount
54.00
42.00
81.00
42.00
1,176.00
108.00
108.00
126.00
42.00
462.00
126.00Herb Thomas
2/4/2013 - MOB
2/14/2013 - DAC
2/15/2013 - DAC
Gregory Wiggins
Paralegal
Research homestead exemption and the effect of recording a
judgment lien prior to the recording a homestead declaration.
Gregory Wiggins
Legal
Review and revise petition for authorization to pay litigation counsel.
Gregory Wiggins
Legal
Revise petition.
Gregory Wiggins
SUBTOTAL:
Suisun City
7/10/2012 - DAC
7/12/2012 - RR
7/16/2012 - RR
7/24/2012 - RR
- NG
Legal
Conference with Andrew Schultz regarding Suisun City tenant did
not pay rent, 3 day notice, short sale of property.
Suisun City
Legal
Draft 3 Day Notice to Pay Rent or Quit for 1760 Dover Circle,
Suisun City. E-mail to client.
Suisun City
Legal
Telephone call to client's office regarding is there any indication
someone is still residing at 1760 Dover Circle, Suisun City. E-mail
3 day notice to Wheels of Justice. Telephone call from client.
Suisun City
Legal
Telephone call to Wheels of Justice tegarding Suisun City
Occupants served with 3 day notice on 7/16. Telephone call to
Cathleen at Herb Thomas' office regarding property manager
advises property appears occupied. Review Proof of Service.
Conference with Daniel A. Conrad and Andrew Schultz.
Suisun City
Legal
Telephone call to and telephone call from Avid E. Alavi regarding
service of Application and Order For Appearance and Examination
on Gregory Wiggins; text message to Andrew Schultz regarding the
same.
Suisun City
Hrs/Rate
1.20
75.00/hr
0.10
420.00/hr
0.20
420.00/hr
21.40
0.20
420.00/hr
0.40
360.00/hr
0.50
360.00/hr
1.00
360.00/hr
0.10
75.00/hr
Page 11
Amount
90.00
42.00
84.00
6,492.00
84.00
144.00
180.00
360.00
7.50Herb Thomas
7/24/2012 -
8/1/2012 -
8/2/2012 -
8/10/2012 -
8/17/2012 -
8/27/2012 -
8/28/2012 -
8/31/2012 -
9/11/2012 -
9/12/2012 -
9/18/2012 -
9/24/2012 -
DAC.
RR
RR
MOB
MOB
EJH
EJH
EJH
RR
Legal
Conference call with Andrew Schultz and Robin Rudderow
regarding Suisun City unlawful detainer.
Suisun City
Legal
Review file. Online real property research. Draft Unlawful Detainer
pleadings for Suisun City property.
Suisun City
Legal
Revise unlawful detainer complaint. Prepare exhibits for complaint.
Suisun City
Legal
Revise Unlawful Detainer Complaint.
Suisun City
Legal
Email from/to Andrew Schultz regarding status of case.
Suisun City
Legal
Revise Unlawful Detainer Complaint. Prepare exhibits to
Complaint. E-mail to client.
Suisun City
Paralegal
Prepared Civil Case Cover Sheet, Summons, Prejudgment Claim,
and Complaint. Filed all documents via One Legal.
Suisun City
Paralegal
Prepare pleadings for service.
Suisun City
Legal
Prepare petition for service by post and mail, with declaration of
Elisabeth Hanowsky and proposed order.
Suisun City
Legal
Revise Ex Parte Application for service.
Suisun City
Legal
File Ex Parte Application.
Suisun City
Legal
Review signed Order authorizing posting and mailing summons
and complaint. Email to Wheels of Justice.
Hrs/Rate
0.20
420.00/hr
1.20
360.00/hr
0.50
360.00/hr
0.30
360.00/hr
0.10
360.00/hr
1.00
360.00/hr
0.60
75.00/hr
0.30
75.00/hr
1.00
270.00/hr
0.20
270.00/hr
0.20
270.00/hr
0.20
360.00/hr
Page 12
Amount
84.00
432.00
180.00
108.00
36.00
360.00
45.00
22.50
270.00
54.00
54.00
72.00Herb Thomas
9/25/2012 -
10/9/2012 -
10/10/2012 -
10/16/2012 -
11:58 AM
10/23/2012 -
10/24/2012 -
11/6/2012 -
11/12/2012 -
11/15/2012 -
EJH
MOB
RR
RR
DAC
Suisun City
Legal
Review Proof of Service. Email client and Andrew Schultz
regarding Doe defendants were served. Calendar defendants’
response date.
Suisun City
Legal
Draft Request to Enter Default, Judgment. Legal research.
Suisun City
Legal
Revise Request to Enter Default, Judgment. Correspondence to
court.
Suisun City
Legal
Revise request for default, correspondence to court.
Suisun City
Paralegal
Prepare Writ of Possession. Prepare Letter of Instructions to
Solano County Sheriff. Draft letter to Solano County Court to issue
writ.
Suisun City
Legal
Revise Writ of Possession. Correspondence to court, Sheriff,
client, Andrew Schultz.
Suisun City
Legal
Review issued Writ. Correspondence to Solano County Sheriff.
Email to client.
Suisun City
Legal
Email from/to Leon Khersonsky.
Suisun City
Legal
Correspondence from Herb Thomas, Andrew Schultz.
Suisun City
Legal
Email from/to property manager regarding eviction. Telephone call
from evicted occupant.
Suisun City
SUBTOTAL:
Hrs/Rate
0.20
360.00/hr
0.80
360.00/hr
0.40
360.00/hr
0.30
270.00/hr
0.60
75.00/hr
0.50
360.00/hr
0.30
360.00/hr
0.30
360.00/hr
0.10
420.00/hr
0.50
360.00/hr
12.00
Page 13
Amount
72.00
288.00
144.00
81.00
45.00
180.00
108.00
108.00
42.00
180.00
3,741.00Herb Thomas
For professional services rendered
Additional Charges :
3/29/2012 $process server
Process Server. Wheels of Justice.
8/31/2012 $filing fees
Filing fees. One Legal, Inc.
$filing fees
Filing Fees. One Legal.
10/16/2012 $filing fees
Filing Fee. San Francisco Superior Court.
10/25/2012 $fedex
Federal Express
$fedex
Federal Express
10/30/2012 $process server
Process Server. Wheels of Justice.
$process server
Process Server. Wheels of Justice.
11/30/2012 $Lexis
Computer research
SUBTOTAL:
Gregory Wiggins
7/20/2012 $filing fees
Filing fee.
Gregory Wiggins
7/27/2012 Corporate Costs
Corporate Costs. CSC.
Gregory Wiggins
SUBTOTAL:
Hours
58.40
Qty/Price
1
91.50
4
37.95
4
37.95
1
120.00
4
21.28
1
22.23
1
110.00
4
125.00
1
50.90
Page 14
Amount
$19,420.00
91.50
37.95
37.95
120.00
21.28
22.23
110.00
125.00
50.90
616.81
60.00
209.00
269.00Herb Thomas
Suisun City
8/31/2012 On-Line Property Search
Online real property research.
Suisun City
10/15/2012 $filing fees
Filing fees. One Legal.
Suisun City
10/30/2012 Court Fees
Court Fees. Solano County Superior Court .
Suisun City
11/5/2012 $filing fees
Filing fees. One Legal.
Suisun City
11/6/2012 $process server
Process server. Solano County Sheriff's Office.
Suisun City
SUBTOTAL:
Total costs
2/21/2012 Payment - thank you. Check No. 167
5/10/2012 Payment - thank you. Check No. 182
Total payments and adjustments
Qty/Price
1
125.00
Page 15
Amount
18.08
315.15
25.00
79.65
125.00
562.88
$1,448.69
($1,312.00)
($2,188.00)
($3,500.00)
Preview
IOV SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-29-2013 9:56 am Case Number: PTR-06-288755 Filing Date: Mar-29-2013 9:47 Filed by: NOELIA RIVERA Juke Box: 001 Image: 03998874 SUBSEQUENT PROBATE PETITION IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P03998874 Instructions: Please place this sheet on top of the document to be scanned.DANIEL A. CONRAD (076110) ROBIN RUDDEROW (124919) ELISABETH J. HANOWSKY (252478) Law Offices of Daniel A. Conrad San Francis i 1550 Bryant Street, Suite 760 'an Francisco Gounty Superior Court San Francisco, CA 94103 ean Phone: (415) 359-0900 MAR GLUT Fax: (415) 359-0073 CLERK OF THE Court Attorneys for Plaintiff HERB THOMAS, By: Oana. x Conservator and Trustee eputy Clerk JUN 18 2013 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO —_pASaAATE DEPARTMENT or | 9:00 A.M.. RM. 26 TRUSe L. HART REVOCABLE NO. PTR-06-288755 TRUST PETITION FOR ORDER TO PAY dated May 19, 2004. LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY Cross Ref. Case No. PCN-06-288756 Conservatorship of Rosia Lee Hart Herb Thomas, successor trustee of the Rosia L. Hart Revocable Trust ("Petitioner"), presents his Petition for Authority to Pay Litigation Counsel Fees as follows: 1. Introduction. On November 16, 2006, in Case No. PCN-06-288756, Petitioner was appointed the Probate Conservator of the Estate of Rosia L. Hart and he was appointed Successor Trustee of the Rosia L. Hart Revocable Trust in this case. On May 9, 2012, this Court authorized Petitioner to hire the Law Offices of Daniel A. Conrad ("litigation counsel") to represent Petitioner to “secure the rental income streams from the Newhall and Suisun City properties, including bringing unlawful detainer actions if necessary, dissolve Bayview Village LLC, and pursue collection PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 1efforts against Gregory Wiggins, including a debtor’s exam.” Ex Parte Order Authorizing Trustee To Hire Counsel for Litigation, Business and Landlord Tenant Matters and Waiving Notice to Gregory Wiggins, 2:7-9. 2. Litigation Counsel Services Petitioner began working with litigation counsel in December 2011 on the matters subsequently authorized by the Court's May 9, 2012 Order, as follows: 2.1 Collection efforts against Gregory Wiggins. On April 1, 2011, Petitioner obtained, on Rosia L. Hart's behalf, a Judgment against Gregory Wiggins. The Judgment returned to Rosia L. Hart several real properties, including 950 Newhall Street, San Francisco, CA (“950 Newhall”) and 1760 Dover Circle, Suisun City, CA (the “Suisun City property”), and awarded damages of $1,620,000, which included double damages pursuant to Probate Code §859, and $12,000 attorney's fees for financial elder abuse. Petitioner recorded Abstracts of Judgment against Gregory Wiggins in San Francisco, Contra Costa, and Solano Counties. Litigation counsel sought to take Gregory Wiggins’ debtor’s exam to determine if he has any assets to satisfy Petitioner's judgment against him. Gregory Wiggins was difficult to locate for service until litigation counsel learned of his schedule in the San Francisco criminal court, where he is facing charges in connection with his financial abuse of Rosia L. Hart. Litigation counsel was able to serve the Application and Order for Appearance and Examination. Gregory Wiggins twice did not appear at his debtor's exam, so then a bench warrant was issued for his arrest. At the exam, litigation counsel learned that Gregory Wiggins owns two parcels of real property in Contra Costa County, one of which he owes more for it than it is worth. According to his testimony, Wiggins has a bank account with “hundreds of dollars in it” and he denied owning any other assets. PETITION FOR ORDER TO PAY LITIGATION COUNSE: FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 22.2 Dissolve Bayview Village LLC. Gregory Wiggins formed Bayview Village LLC with Rosia Hart to hold title to and develop 950 Newhall. After the judgment was obtained against Gregory Wiggins and title to 950 Newhall was returned to Rosia Hart, Petitioner wanted to dissolve Bayview Village LLC to separate Rosia Hart from Gregory Wiggins. Litigation counsel dissolved the LLC, and this matter is concluded. 2.3 Resolve non-payment of rent from tenant at 950 Newhall Street. Despite the efforts of Petitioner's property manager, and Petitioner himself, tenant Rony Calderon at 950 Newhall declined to pay rent to Petitioner and continued to make rent payments to Rosia Hart. Litigation counsel was going to serve Rony Calderon with a 3 Day Notice to Pay Rent or Quit, but then decided to first serve him with a Notice to Tenant, attaching Petitioner's Letters of Conservatorship and the Judgment against Gregory Wiggins, and directing him to pay rent to Petitioner. When Rony Calderon still refused to pay rent to Petitioner, the Three Day Notice to Pay Rent or Quit previously prepared by litigation counsel was modified to change the date of the unpaid rent, and was served by Petitioner's Probate Counsel, Andrew Schultz. Through communication between an attorney for Rony Calderon and Andrew Schultz, the matter was resolved and rent for 950 Newhall is now paid to Petitioner. 2.4 Resolve non-payment of rent from occupants at the Suisun City property. The Suisun City property was occupied, but neither Petitioner's property manager nor litigation counsel were able to learn the identity of the occupants, despite visits and correspondence to the property, and no rent was paid to Petitioner by the occupants. Litigation counsel served a 60 Day Notice Changing Terms of Tenancy, to impose rent at the rate of $1,800 per month, payable to Petitioner. When no rent was received at the end of the 60 Day Notice, litigation counsel prepared and served a 3 Day Notice to Pay Rent or Quit. At the end of the 3 Day Notice, when there had been no rent received, litigation counsel prepared and filed for Petitioner an Unlawful PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 3Detainer action against “Does 1 to 20” in Solano County Superior Court, case no. FCM131151. The Unlawful Detainer proceeded unopposed. Litigation counsel had default judgment entered on October 17, 2012 and had a Writ of Possession issued. The Solano County Sheriff removed two women from the Suisun City property. After the eviction, one of the women spoke to litigation counsel and explained that they had not responded to the Notices and pleadings served at the property because Gregory Wiggins had told her they were a “scare tactic,” all the while he continued to collect rent from the women. As to litigation counsel, this matter is now resolved. Pursuant to the Order Instructing Trustee Regarding the Management of The Settlor’s Real Property and Finances, dated February 11, 2013, Petitioner will rent out the Suisun City property. 3. Nature and difficulty of the tasks performed-CRC Rule 7.702(1). No prior petitions in this case have been submitted requesting payment of litigation counsel's fees. As authorized in the Court’s May 9, 2012 Order authorizing Petitioner to hire litigation counsel, Petitioner paid litigation counsel a $3,500 advance. Attached as Exhibit A is a detailed listing of the legal services provided and costs incurred by litigation counsel from December 6, 2011 to February 28, 2013. The services provided by litigation counsel included the following tasks: 3.1 Collection efforts against Gregory Wiggins. - Communicate with Petitioner's probate attorney, Andrew Schultz, and review judgment against Gregory Wiggins; - Draft and file Application for Debtor Examination and Order of Examination; - Personally serve Gregory Wiggins with Order of Examination; - Draft examination questions for debtor's exam; - Attend debtor's exam twice, on August 22, 2012 and September 25, 2012, but Gregory Wiggins did not appear; - Submit Application for Bench Warrant to Sheriff's Office for Gregory Wiggins’ PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 4arrest for failure to appear at debtor's exam; - Attend and conduct debtor's exam on January 22, 2013. 3.2 Dissolve Bayview Village LLC. - Communicate with Petitioner's probate attorney, Andrew Schultz, and review judgment against Gregory Wiggins; - Review LLC documents; - Legal research re dissolution of LLC; - Draft Certificate of Cancellation to dissolve LLC; - Communicate with Petitioner regarding dissolution of LLC: - File Certificate of Cancellation with California Secretary of State. 3.3 Resolve non-payment of rent from tenant at 950 Newhall Street. - Draft and serve Notice to Tenant Rony Calderon, formally notifying him to pay rent to Petitioner; - Draft 3 Day Notice to Pay Rent or Quit; - Communicate with Petitioner and his Probate attorney, Andrew Schultz, regarding no rent received from tenant despite Notice to Tenant; - Provide 3 Day Notice to Pay Rent or Quit to Andrew Schultz and confer with him regarding service of the 3 Day Notice; - Confirm with Andrew Schultz that Rony Calderon was paying rent to Petitioner. 3.4 Resolve non-payment of rent from occupants at the Suisun City property. - Correspondence to occupants of Suisun City property requesting they pay rent to Petitioner; - Draft and serve Notice of Change of Terms of Tenancy, establishing rent of $1,800 per month, to be paid to Petitioner; - Confirm with Andrew Schultz that Petitioner did not receive rent from Suisun City occupants; - Confirm with Petitioner's staff that Suisun City property has not been PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARYNewhall is paying rent to Petitioner. 4.4 Resolve non-payment of rent from occupants at the Suisun City property. The occupants of the Suisun City property have been evicted. 5. Amount requested, the hourly rate of each person who performed services and the hours spent by each of them, and the service rendered in sufficient detail to demonstrate the productivity of the time spent-CRC Rule 7.702(4)-(6) As set forth on the attached Exhibit A, litigation counsel incurred fees in the total amount of $19,420 for services provided by litigation counsel to Petitioner from December 6, 2011 through February 28, 2013, and litigation counsel advanced costs in the amount of $1,448.69. Pursuant to the Court’s May 9, 2012 Order, Petitioner paid litigation a retainer of $3,500. The balance due to litigation counsel is $17,368.69. The hourly rates in effect for litigation counsel between December 6, 2011 and February 28, 2013 were: 12/11 01/12 to present Daniel A. Conrad $390 $420 Robin Rudderow $320 $360 Elisabeth J. Hanowsky $250 $270 Melanie O’Brien $75 $75 Ineke Van Grunsven $75 $75 Daniel A. Conrad has been licensed by the State of California as an attorney since December 1977. Daniel A. Conrad has an AV peer review rating with Martindale- Hubbell. He is a member of the San Francisco Probate Court pro bono mediation panel for estate and trust litigation. He has extensive experience in contested probate and real property matters. Robin Rudderow has been licensed by the State of California as an attorney since December 1986. Robin Rudderow has an AV peer review rating with Martindale- Hubbell, a Masters of Law degree in taxation, and extensive experience in contested PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 7probate and real property matters. Elisabeth J. Hanowsky has been licensed as an attorney by the State of California since 2007. Ineke Van Grunsven and Melanie O’Brien are paralegals who meet the requirements set forth in Business and Professions Code section 6450. The paralegal services provided in this matter were of benefit to the estate because the cost of having the work performed by the paralegal and reviewed by the attorney does not exceed the amount appropriate if the attorney had performed the services without the paralegal’s assistance. Set forth in the attached Exhibit A is a complete listing of the services provided by each attorney and paralegal that worked on this case, including the time spent by each attorney and paralegal. 6. Request to continue legal representation. Petitioner requests that litigation counsel continue to represent him in the matter of collecting the judgment against Gregory Wiggins. Petitioner also requests that he be authorized to continue to be represented by litigation counsel in matters concerning the future commercial leasing of a vacant space in the real property at 950 Newhall Street, San Francisco, CA, as well as any other real property and/or landlord-tenant matters that may arise. 7. Trust beneficiaries. During her lifetime, Rosia L. Hart is the sole beneficiary of the Trust. Upon her death, the Trust provides for specific gifts to Adeline Reed, Gayle R. Reed, Rosalind D. Reed Williams, Henry Gaines, and Gregory Wiggins, who is also the residual beneficiary. The names and addresses of the beneficiaries of the Trust, all of whom are adults, are: Rosia Lee Hart 3133 Crestline Court Antioch, CA 94531 PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 8Adeline Reed 306 Portland Avenue Oakland, CA 94606 Gayle R. Reed 2389 Flatley Circle Fairfield, CA 94533 Rosalind Reed Williams 4766 Stonewood Drive Fairfield, CA 94531 Henry Gaines 1490 Kennedy Ave Weed, CA 96094 Gregory Wiggins 211 Tanager Way Hercules, CA 94547 8. Waiver of Notice to Gregory Wiggins Because Gregory Wiggins has financially abused Mrs. Hart, and because this petition discusses efforts to enforce a judgment for damages against him, Petitioner requests that the requirement of notice of this petition to Gregory Wiggins be waived. 9. Request for Special Notice By ex parte Order dated October 11, 2006, the request by Baum Thornley Architects for special notice was granted, and notice will be provided through their attorneys, Cablentz, Patch, Duffy & Bass LLP, One Ferry Building, Suite 200, San Francisco, CA 94111-4213. WHEREFORE, Petitioner requests an order of this court: 1. Authorizing Petitioner to pay the balance due of litigation counsel's fees and expenses from December 6, 2011 to February 28, 2013 in the total amount of $17,368.69; 2. Authorizing Petitioner to continue to retain the services of the Law Offices of Daniel A. Conrad to pursue a possible collection action Gregory Wiggins, to assist Petitioner with commercial leasing matters for the real property located at 950 Newhall Street, San Francisco, CA, and to assist Petitioner in any other real property or PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 927 28 landlord-tenant matters that arise; 3. Waiving notice of this petition to Gregory Wiggins; and 4. For such other and further relief and the court deems appropriate. DATED: March |! _, 2013 Giehick daddies Attorney for Plaintiff HERB THOMAS, Conservator and Trustee PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 1027 28 VERIFICATION |, Herb Thomas, declare: | am the Trustee of the Rosia L. Hart Revocable Trust, San Francisco Superior Court No. PTR-06-288755. | am a party to this proceeding. | am informed and believe and on that ground allege that the matters stated in the Petition for Order to Pay Litigation Counsel Fees, to Continue Legal Representation, and to Waive Notice to Trust Beneficiary, described above are true. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this verification was executed on March _ , 2013 at Maw d w , California. Hh Sse HERB THOMAS PETITION FOR ORDER TO PAY LITIGATION COUNSEL FEES, TO CONTINUE LEGAL REPRESENTATION, AND TO WAIVE NOTICE TO TRUST BENEFICIARY 11Law Offices of DANIEL A. CONRAD 1550 Bryant Street, Suite 760 San Francisco, CA 94103 (415) 359-0900 —SeaaaeaeaeaeaeaeaeaeasssSsS——o———————SSS Invoice submitted to: Herb Thomas 875-A Island Drive, Suite 387 Alameda, CA 94502 March 11, 2013 In Reference To:Rosia L. Hart Revocable Trust Client 11-073 Professional Services 12/6/2011 - DAC 12/9/2011 - DAC 12/12/2011 - DAC 12/13/2011 - DAC - DAC 1/30/2012 - DAC 2/1/2012 - DAC 2/2/2012 - DAC Legal Conference with Andrew Schultz regarding properties, collection of money judgment, case status. Legal Correspondence from, telephone call to Andrew Schultz regarding Bayview Village LLC. Legal Correspondence from Andrew Schultz (2). Legal Correspondence from Andrew Scultz. Review correspondence from San Francisco District Attorney. Review LLC documents. Conference with Robin Rudderow. Research. Legal Telephone call from Andrew Schultz regarding LLC, judgment. Legal Conference with Daniel A. Conrad regarding terminate LLC interest. Legal Correspondence from, correspondence to Andrew Schultz. Research regarding notice of default. Legal Correspondence from Andrew Schultz regarding LLC. Legal Telephone call to Andrew Schultz regarding LLC, debtor's exam. Hrs/Rate 2.00 390.00/hr 0.20 390.00/hr 0.10 390.00/hr 0.50 390.00/hr 0.40 390.00/hr 0.20 320.00/hr 0.30 420.00/hr 0.10 420.00/hr 0.10 420.00/hr _— Amount 780.00 78.00 39.00 195.00 156.00 64.00 126.00 42.00 42.00 avo A . NatHerb Thomas 2/6/2012 - 2/7/2012 - 2/9/2012 - 2/10/2012 - 2/23/2012 - 2/27/2012 - 2/28/2012 - 2/29/2012 - 3/5/2012 - 3/7/2012 - 3/8/2012 - DAC DAC DAC DAC. DAC DAC. DAC DAC DAC DAC DAC DAC DAC Legal Correspondence from, telephone call to Andrew Schultz (voicemail) regarding commercial tenant. Legal Telephone call to Andrew Schultz regarding tenant, judgment issues. Legal Review judgment against Gregory Wiggins. Legal Correspondence from Andrew Schultz regarding escrow funds. Legal Telephone call to Andrew Schultz regarding Chase subpoena for loan records. Legal Review correspondence to Suisun City tenant. Legal Telephone call from Andrew Schultz regarding telephone call from Judge Breyer (voicemail). Legal Correspondence from, telephone call to Andrew Schultz regarding Hercules tenant, telephone call from Judge Breyer. Legal Conference with Andrew Schultz regarding get all Hart files from Victor Shum. Legal Correspondence from Andrew Schultz (3). Telephone call to A. Schultz regarding Hercules property. Legal Correspondence from Andrew Schultz regarding LLC, Suisun City property. Legal Conference with Andrew Schultz regarding LLC, Newhall and Suisun City tenants, Chase refinance loan. Review LLC documents.. Legal Telephone call to, from, correspondence from Andrew Schultz regarding Newhall 3 day notice, Suisun City notice of change of terms. Review correspondence to Newhall tenant. Revise 3 day Notice, notice of change of terms of tenancy. Correspondence to Herb Thomas (2). Hrs/Rate 0.10 420.00/hr 1.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.50 420.00/hr 0.70 420.00/hr Page 2 Amount 42.00 462.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 210.00 294.00Herb Thomas 3/9/2012 - 3/12/2012 - 3/13/2012 - 3/14/2012 - 3/19/2012 - 3/22/2012 - 3/28/2012 - DAC VG DAC RR RR RR DAC. IVG Legal Revise Newhall 3 day notice, Suisun notice of change of terms. Legal Add text to Notice of Change of Terms of Tenancy for the 1760 Dover Circle property in Suisun City and to the Three Day Notice to Pay Rent or Quit for the 950 Newhall Street property in San Francisco. Legal Conference with Robin Rudderow regarding Newhall, Suisun City notices. Revise correspondence to Herb Thomas. Legal Revise notices for 1760 Dover Circle, Suisun and 950 Newhall St., San Francisco. Conference with Daniel A. Conrad. Legal Review Andrew Schultz 2/23/12 correspondence to Rony Calderon. Review file. E-mail to Andrew Schultz. Legal E-mail to Andrew Schultz regarding notice to Rony Calderon. Revise Notice of Change of Terms of Tenancy to 1760 Dover Circle, Suisun City, California. Conference with Daniel A. Conrad. E-mail revised Suisun City Notice to Andrew Schultz and Herb Thomas. Legal Conference with Robin Rudderow. Legal Draft Notice to Tenant to Rony Calderon. Review court register of actions regarding conservatorship and trust. E-mail to Andrew Schultz. Legal E-mail to client regarding notices to Suisun City occupant and Rony Calderon. Legal Revise Notice to Suisun City occupants. E-mail to client. Prepare notice to serve on Rony Calderon. E-mail to Wheels of Justice. Review proof of service by mail for notice to Suisun City occupants. Legal Prepare Proof of Service for Notice of Change of Terms of Tenancy for tenant(s) at 1760 Dover Circle, Suisun City and serve the Notice via mail. Hrs/Rate 0.10 420.00/hr 0.20 75.00/hr 0.20 420.00/hr 0.70 360.00/hr 0.50 360.00/hr 0.80 360.00/hr 0.10 420.00/hr 1.00 360.00/hr 0.30 360.00/hr 0.70 360.00/hr 0.10 75.00/hr Page 3 Amount 42.00 15.00 84.00 252.00 180.00 288.00 42.00 360.00 108.00 252.00 7.50Herb Thomas 3/29/2012 - 4/11/2012 - 4/17/2012 - 4/26/2012 - 5/4/2012 - 5/9/2012 - 5/15/2012 - 5/31/2012 - 6/12/2012 - 6/13/2012 - 6/14/2012 - RR VG DAC. RR DAC DAC DAC EJH DAC. Legal E-mail Rony Calderon notice to Wheels of Justice. E-mail from Wheels of Justice confirming service completed. E-mail to client. Legal E-mail to client regarding has rent been received from Rony Calderon. Legal E-mail to Andrew Schultz. Legal Review email from Andrew Schulz requesting a 3 Day Notice to serve on Rony Calderon. Telephone conversation with Daniel A. Conrad and correspondence to Robin Rudderow regarding same. Legal E-mail from/to Andrew Schultz. Legal Correspondence from Andrew Schultz regarding Order to Retain Counsel. Legal Telephone call from Andrew Schultz regarding Newhall tenant unpaid rent. Legal Telephone call from Andrew Schultz regarding Rony Calderon paid May rent, claims April rent was paid to Rosia Hart. Legal Conference with Andrew Schultz regarding LLC dissolution, Suisun City tenant, Wiggins debtor's exam, Tanager property. Legal Research regarding LLC dissolution. Review LLC documents. Telephone call to Andrew Schultz. Legal Conference call with Herb Thomas and Andrew Schultz regarding dissolution of LLC, Order of Examination of Gregory Wiggins. Legal Review documents file, prepare LLC dissolution. Legal Conference with Elisabeth Hanowsky. Hrs/Rate 0.30 360.00/hr 0.10 360.00/hr 0.10 360.00/hr 0.20 75.00/hr 0.30 360.00/hr 0.20 420.00/hr 0.10 420.00/hr 0.20 360.00/hr 1.00 420.00/hr 0.80 420.00/hr 0.50 420.00/hr 0.50 270.00/hr 0.10 420.00/hr Page 4 Amount 108.00 36.00 36.00 15.00 108.00 84.00 42.00 72.00 420.00 336.00 210.00 135.00 42.00Herb Thomas 6/14/2012 - 6/15/2012 - 6/18/2012 - 6/19/2012 - 6/20/2012 - 6/22/2012 - 2/1/2013 - EJH DAC. DAC EJH EJH EJH DAC EJH IVG EJH DAC DAC Legal Conference with Daniel A. Conrad. Legal Review and revise Certificate of Cancellation. Revise correspondence to Herb Thomas. Legal Memorandum to Elisabeth Hanowsky regarding Order of Examination. Legal Telephone call to Corporation Service Company. Internet research tegarding final taxes. Prepare Certificate of Cancellation. Conference with Daniel A. Conrad. Legal Review file. Prepare Order for examination. Legal Revise Order for Examination and association of counsel. Review of court filings. Legal Correspondence from Herb Thomas regarding LLC cancellation. Legal Revise Application. Email to Andrew Schultz. Legal Prepare correspondence to Corporation Service Company to file the Certificate of Cancellation for Bayview Village, LLC over the counter with the California Secretary of State. Legal Review local rules on debtor examinations. Emails to/from Andrew Schultz. Review calendar. Legal Draft fee petition. Legal Correspondence from Old Republic Title Company. Review reconveyance of deed of trust against Gregory Wiggins’ property in Antioch. Correspondence to Andrew Schultz. Telephone call from A. Schultz. Correspondence to Old Republic Title Company regarding homestead declaration. Legal Revise Amold, Schultz declarations. Hrs/Rate 0.10 270.00/hr 0.10 420.00/hr 0.10 420.00/hr 0.50 270.00/hr 0.50 270.00/hr 0.30 270.00/hr 0.10 420.00/hr 0.10 270.00/hr 0.10 75.00/hr 0.20 270.00/hr 0.70 360.00/hr 0.30 420.00/hr 0.10 420.00/hr Page 5 Amount 27.00 42.00 42.00 135.00 135.00 81.00 42.00 27.00 7.50 54.00 252.00 126.00 42.00Herb Thomas 2/4/2013 - 2/6/2013 - 2/11/2013 - 2/14/2013 - 2/19/2013 - 2/25/2013 - 2/27/2013 - 2/28/2013 - DAC DAC DAC. RR RR Legal Review memorandum from Melanie O'Brien regarding homestead, judgment. Legal Correspondence from Old Republic Title Company regarding no homestead declaration on Gregory Wiggins’ Antioch property. Correspondence to, from Andrew Schultz. Review correspondence from A. Schultz to Herb Thomas. Instructions to Melanie O'Brien regarding homestead research. Legal Conference with Andrew Schultz regarding hearing on petition for instructions, deeds for Suisun City property. Legal Fee petition: Draft fee petition. Legal Fee petition: Revise fee petition. Legal Revise fee petition. Legal Fee Petition: Revise fee petition. Review court register of actions regarding status of properties. Legal Review court calendar. Legal Revise fee petition. Legal Revise fee petition. SUBTOTAL: Gregory Wiggins 7/9/2012 - DAC Legal 70/2012 - DAC Correspondence to Herb Thomas regarding filed Certificate of Cancellation for Bayview Village LLC. Gregory Wiggins Legal Conference with Andrew Schultz regarding serving Wiggins with Order of Examination. Gregory Wiggins Hrs/Rate 0.10 420.00/hr 0.30 420.00/hr 0.10 420.00/hr 1.50 360.00/hr 0.60 360.00/hr 1.00 360.00/hr 0.50 360.00/hr 0.20 270.00/hr 0.50 360.00/hr 0.70 360.00/hr 25.00 0.10 420.00/hr 0.20 420.00/hr Page 6 Amount 42.00 126.00 42.00 540.00 216.00 360.00 180.00 54.00 180.00 252.00 9,187.00 42.00 84.00Herb Thomas 7/11/2012 - 7/12/2012 - 7/13/2012 - 7/16/2012 - 7/18/2012 - EJH EJH DAC MOB EJH RR DAC. EJH MOB DAC EJH Legal Finalize the Order for Examination and Association of Counsel. Serve, prepare for filing. Gregory Wiggins Legal Conference with Daniel A. Conrad. Gregory Wiggins Legal Review, sign Order of Examination. Gregory Wiggins Paralegal Attempt to file Application for Debtor Exam at 400 McAllister Street. Discuss procedure of filing with Probate Department. Discuss procedure with Daniel A. Conrad and Elisabeth Hanowsky. Gregory Wiggins Legal Conference with Daniel A. Conrad and Melanie O'Brien regarding failed filing. Gregory Wiggins Legal E-mail to Andrew Schultz. Telephone call to client. Gregory Wiggins Legal Conference with staff regarding filing Order of Examination. Gregory Wiggins Legal Conferences with Daniel A. Conrad and Melanie O'Brien regarding filing of debtor exam request (court strike). Gregory Wiggins Paralegal Attempt to file Application for Debtor's Exam at 400 McAllister Street (prevented due to clerks on strike). File Debtor's Exam via One Legal. Gregory Wiggins Legal Conference with Elisabeth Hanowsky and Melanie O'Brien regarding inability to file Order of Examination due to clerk strike. Gregory Wiggins Legal Telephone call to Department 204 (voicemail). Gregory Wiggins Hrs/Rate 0.30 270.00/hr 0.10 270.00/hr 0.10 420.00/hr 0.90 75.00/hr 0.20 270.00/hr 0.10 360.00/hr 0.10 420.00/hr 0.20 270.00/hr 0.70 75.00/hr 0.10 420.00/hr 0.10 270.00/hr 7 Amount 81.00 27.00 42.00 67.50 54.00 36.00 42.00 54.00 52.50 42.00 27.00Herb Thomas 7/19/2012 - 7/20/2012 - 4:36 PM 7/23/2012 - 7/24/2012 - EJH DAC. DAC MOB DAC MOB EJH DAC DAC EJH Legal Memorandum to Melanie O'Brien regarding filing. Review of court tules. Telephone call to San Francisco court, Department 204 and Department 514. Gregory Wiggins Legal Telephone call to Andrew Schultz regarding Wiggins examination (voicemail). Gregory Wiggins Legal Conference with Melanie O'Brien regarding difficulty in filing Order of Examination. Gregory Wiggins Paralegal Draft Proof of Personal Service for Daniel A. Conrad to serve on Gregory Wiggins. Gregory Wiggins Legal Review issued Order of Examination. Conference with Melanie O'Brien regarding proof of service. Telephone call to Andrew Schultz. Correspondence to Herb Thomas. Gregory Wiggins Paralegal Conference with Civil and Probate Departments regarding Debtor's Examination. Travel to and from 400 McAllister Street. Conference with Daniel A. Conrad regarding filing options. Call Department 514 to check filing status. Call Probate Department to check filing status. Gregory Wiggins Legal Review file for Application for Exam, conference with Daniel A. Conrad regarding service. Gregory Wiggins Legal Telephone call to Andrew Schultz. Conference with Elisabeth Hanowsky regarding service of Order of Examination. Gregory Wiggins Legal Conference with Elisabeth Hanowsky regarding service of order of examination on Gregory Wiggins. Gregory Wiggins Legal Attend criminal trial of Gregory Wiggins. Personally serve with Order of Examination for Debtor exam. Prepare proof of service, Page 8 Hrs/Rate Amount 0.50 135.00 270.00/hr 0.10 42.00 420.00/hr 0.10 42.00 420.00/hr 0.10 7.50 75.00/hr 0.20 84.00 420.00/hr 1.30 97.50 75.00/hr 0.20 54.00 270.00/hr 0.20 84.00 420.00/hr 0.10 42.00 420.00/hr 2.30 621.00 270.00/hrHerb Thomas 7/30/2012 - 8/21/2012 - 8/22/2012 - 8/24/2012 - 9/14/2012 - 9/25/2012 - 9/26/2012 - 10/2/2012 - 2:26 PM EJH DAC DAC EJH DAC DAC DAC. DAC EJH EJH note to file. Gregory Wiggins Legal Review correspondence to court. Gregory Wiggins Legal Correspondence from Cathleen Chattler regarding LLC. Conference with Andrew Schultz regarding LLC, Wiggins examination. Gregory Wiggins Legal Court appearance for Gregory Wiggins examination. Non-appearance, warrant letter sent for 9/25 hearing. Correspondence to Herb Thomas. Gregory Wiggins Legal Prepare examination questions for debtor exam. Gregory Wiggins Legal Conference with Andrew Schultz. Prepare for Wiggins examination. Gregory Wiggins Legal Correspondence to Andrew Schultz; telephone call to Cathleen Chattler regarding LLC, FTB. Gregory Wiggins Legal Conference with Andrew Schultz regarding accountings, order of examination. Gregory Wiggins Legal Telephone call from Herb Thomas. Court appearance regarding Wiggins examination - did not appear. Go to San Francisco Sheriff to obtain form for bench warrant. Correspondence to H. Thomas. Telephone call to Andrew Schultz. Gregory Wiggins Legal Review file and code citations regarding issuance of warrant. Draft request to Sheriff. Gregory Wiggins Legal Correspondence to court. Prepare Sheriff's Instructions for Bench Warrant. Research local forms, procedures for bench warrants. —Hrs/Rate 0.10 270.00/hr 0.10 420.00/hr 1.20 420.00/hr 1.50 270.00/hr 0.50 420.00/hr 0.20 420.00/hr 0.10 420.00/hr 1.30 420.00/hr 0.20 270.00/hr 0.50 270.00/hr Page 9 Amount 27.00 42.00 504.00 405.00 210.00 84.00 42.00 546.00 54.00 135.00Herb Thomas 10/16/2012 - 11/29/2012 - 11/30/2012 - 1/15/2013 - 1/22/2013 - 1/25/2013 - 1/28/2013 - 1/29/2013 - 1/31/2013 - EJH DAC EJH DAC DAC RR RR DAC DAC DAC DAC Gregory Wiggins Legal Revise Warrant request (court requested increased fee). Correspondence to court. Gregory Wiggins Legal Conference with Andrew Schultz regarding Wiggins examination. Gregory Wiggins Legal Telephone call to/telephone call from Contra Costa Sheriff's office. Email to Andrew Schultz regarding warrant served, hearing 1/22/13. Gregory Wiggins Legal Telephone call from clerk regarding OEx on 1/22. Gregory Wiggins Legal Prepare for Wiggins examination. Court appearance to take debtor's exam. Correspondence to Herb Thomas. Gregory Wiggins Legal Legal research regarding debtor's exam. Gregory Wiggins Legal Update billing. Gregory Wiggins Legal Correspondence from, telephone call to Andrew Schultz. Correspondence to title company regarding deeds of trust research. Gregory Wiggins Legal Review deeds of trust on Tanager and Crestline properties. Correspondence to Andrew Schultz. Gregory Wiggins Legal Conference with Andrew Schultz. Review criminal case subpoenas, documents. Prepare declarations of custodian of records. Gregory Wiggins Legal Telephone call from Andrew Schultz tegarding Wiggins properties, loans, subpoena from Wiggins’ lawyer. Research regarding privilege in criminal case. Hrs/Rate 0.20 270.00/hr 0.10 420.00/hr 0.30 270.00/hr 0.10 420.00/hr 2.80 420.00/hr 0.30 360.00/hr 0.30 360.00/hr 0.30 420.00/hr 0.10 420.00/nr 1.10 420.00/hr 0.30 420.00/hr Page 10 Amount 54.00 42.00 81.00 42.00 1,176.00 108.00 108.00 126.00 42.00 462.00 126.00Herb Thomas 2/4/2013 - MOB 2/14/2013 - DAC 2/15/2013 - DAC Gregory Wiggins Paralegal Research homestead exemption and the effect of recording a judgment lien prior to the recording a homestead declaration. Gregory Wiggins Legal Review and revise petition for authorization to pay litigation counsel. Gregory Wiggins Legal Revise petition. Gregory Wiggins SUBTOTAL: Suisun City 7/10/2012 - DAC 7/12/2012 - RR 7/16/2012 - RR 7/24/2012 - RR - NG Legal Conference with Andrew Schultz regarding Suisun City tenant did not pay rent, 3 day notice, short sale of property. Suisun City Legal Draft 3 Day Notice to Pay Rent or Quit for 1760 Dover Circle, Suisun City. E-mail to client. Suisun City Legal Telephone call to client's office regarding is there any indication someone is still residing at 1760 Dover Circle, Suisun City. E-mail 3 day notice to Wheels of Justice. Telephone call from client. Suisun City Legal Telephone call to Wheels of Justice tegarding Suisun City Occupants served with 3 day notice on 7/16. Telephone call to Cathleen at Herb Thomas' office regarding property manager advises property appears occupied. Review Proof of Service. Conference with Daniel A. Conrad and Andrew Schultz. Suisun City Legal Telephone call to and telephone call from Avid E. Alavi regarding service of Application and Order For Appearance and Examination on Gregory Wiggins; text message to Andrew Schultz regarding the same. Suisun City Hrs/Rate 1.20 75.00/hr 0.10 420.00/hr 0.20 420.00/hr 21.40 0.20 420.00/hr 0.40 360.00/hr 0.50 360.00/hr 1.00 360.00/hr 0.10 75.00/hr Page 11 Amount 90.00 42.00 84.00 6,492.00 84.00 144.00 180.00 360.00 7.50Herb Thomas 7/24/2012 - 8/1/2012 - 8/2/2012 - 8/10/2012 - 8/17/2012 - 8/27/2012 - 8/28/2012 - 8/31/2012 - 9/11/2012 - 9/12/2012 - 9/18/2012 - 9/24/2012 - DAC. RR RR MOB MOB EJH EJH EJH RR Legal Conference call with Andrew Schultz and Robin Rudderow regarding Suisun City unlawful detainer. Suisun City Legal Review file. Online real property research. Draft Unlawful Detainer pleadings for Suisun City property. Suisun City Legal Revise unlawful detainer complaint. Prepare exhibits for complaint. Suisun City Legal Revise Unlawful Detainer Complaint. Suisun City Legal Email from/to Andrew Schultz regarding status of case. Suisun City Legal Revise Unlawful Detainer Complaint. Prepare exhibits to Complaint. E-mail to client. Suisun City Paralegal Prepared Civil Case Cover Sheet, Summons, Prejudgment Claim, and Complaint. Filed all documents via One Legal. Suisun City Paralegal Prepare pleadings for service. Suisun City Legal Prepare petition for service by post and mail, with declaration of Elisabeth Hanowsky and proposed order. Suisun City Legal Revise Ex Parte Application for service. Suisun City Legal File Ex Parte Application. Suisun City Legal Review signed Order authorizing posting and mailing summons and complaint. Email to Wheels of Justice. Hrs/Rate 0.20 420.00/hr 1.20 360.00/hr 0.50 360.00/hr 0.30 360.00/hr 0.10 360.00/hr 1.00 360.00/hr 0.60 75.00/hr 0.30 75.00/hr 1.00 270.00/hr 0.20 270.00/hr 0.20 270.00/hr 0.20 360.00/hr Page 12 Amount 84.00 432.00 180.00 108.00 36.00 360.00 45.00 22.50 270.00 54.00 54.00 72.00Herb Thomas 9/25/2012 - 10/9/2012 - 10/10/2012 - 10/16/2012 - 11:58 AM 10/23/2012 - 10/24/2012 - 11/6/2012 - 11/12/2012 - 11/15/2012 - EJH MOB RR RR DAC Suisun City Legal Review Proof of Service. Email client and Andrew Schultz regarding Doe defendants were served. Calendar defendants’ response date. Suisun City Legal Draft Request to Enter Default, Judgment. Legal research. Suisun City Legal Revise Request to Enter Default, Judgment. Correspondence to court. Suisun City Legal Revise request for default, correspondence to court. Suisun City Paralegal Prepare Writ of Possession. Prepare Letter of Instructions to Solano County Sheriff. Draft letter to Solano County Court to issue writ. Suisun City Legal Revise Writ of Possession. Correspondence to court, Sheriff, client, Andrew Schultz. Suisun City Legal Review issued Writ. Correspondence to Solano County Sheriff. Email to client. Suisun City Legal Email from/to Leon Khersonsky. Suisun City Legal Correspondence from Herb Thomas, Andrew Schultz. Suisun City Legal Email from/to property manager regarding eviction. Telephone call from evicted occupant. Suisun City SUBTOTAL: Hrs/Rate 0.20 360.00/hr 0.80 360.00/hr 0.40 360.00/hr 0.30 270.00/hr 0.60 75.00/hr 0.50 360.00/hr 0.30 360.00/hr 0.30 360.00/hr 0.10 420.00/hr 0.50 360.00/hr 12.00 Page 13 Amount 72.00 288.00 144.00 81.00 45.00 180.00 108.00 108.00 42.00 180.00 3,741.00Herb Thomas For professional services rendered Additional Charges : 3/29/2012 $process server Process Server. Wheels of Justice. 8/31/2012 $filing fees Filing fees. One Legal, Inc. $filing fees Filing Fees. One Legal. 10/16/2012 $filing fees Filing Fee. San Francisco Superior Court. 10/25/2012 $fedex Federal Express $fedex Federal Express 10/30/2012 $process server Process Server. Wheels of Justice. $process server Process Server. Wheels of Justice. 11/30/2012 $Lexis Computer research SUBTOTAL: Gregory Wiggins 7/20/2012 $filing fees Filing fee. Gregory Wiggins 7/27/2012 Corporate Costs Corporate Costs. CSC. Gregory Wiggins SUBTOTAL: Hours 58.40 Qty/Price 1 91.50 4 37.95 4 37.95 1 120.00 4 21.28 1 22.23 1 110.00 4 125.00 1 50.90 Page 14 Amount $19,420.00 91.50 37.95 37.95 120.00 21.28 22.23 110.00 125.00 50.90 616.81 60.00 209.00 269.00Herb Thomas Suisun City 8/31/2012 On-Line Property Search Online real property research. Suisun City 10/15/2012 $filing fees Filing fees. One Legal. Suisun City 10/30/2012 Court Fees Court Fees. Solano County Superior Court . Suisun City 11/5/2012 $filing fees Filing fees. One Legal. Suisun City 11/6/2012 $process server Process server. Solano County Sheriff's Office. Suisun City SUBTOTAL: Total costs 2/21/2012 Payment - thank you. Check No. 167 5/10/2012 Payment - thank you. Check No. 182 Total payments and adjustments Qty/Price 1 125.00 Page 15 Amount 18.08 315.15 25.00 79.65 125.00 562.88 $1,448.69 ($1,312.00) ($2,188.00) ($3,500.00)