Document for IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST

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Andrew K. Schultz (215917)
WITHERSPOON & SIRACUSA, LLP

1550 Bryant Street, Suite 725 Po RONIGALEY
San Francisco, CA 94103-4879 FILED
Telephone (415) 552-1814 ee
Facsimile (415) 552-2158 ‘coder brsan prancieco| ~
Email aschultz@witsir.com

05/15/2018

Clerk of the Court
In Pro Per BY:AISHA NELSON

Deputy Clerk

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

NUMBER: PTR-06-288755
THE ROSIA L. HART
REVOCABLE TRUST
dated May 19, 2004

OBJECTIONS TO FIRST ACCOUNT AND
REPORT OF SUCCESSOR TRUSTEE; PE-
TITION FOR FEES TO SUCCESSOR
TRUSTEE AND FEES AND COSTS TO AT-
TORNEY

Date: May 21, 2018
Time: 9:00 a.m.
Dept: Probate, Room 204

Objector, Witherspoon & Siracusa, LLP, presents their Objections First Account and
Report of Successor Trustee; Petition for Fees to Successor Trustee and Fees and Costs to
‘Attorney, alleging:

|. FACTUAL BACKGROUND

1. Objector is an interested party herein. Objector represented the former trustee,
Herb Thomas, a private professional fiduciary licensed in the State of California. Objector filed
a Request for Special Notice on behalf of Mr. Thomas on May 18, 2014 requesting service
both to Mr. Thomas directly and to Objector. Objector has been awarded fees and costs by

OBJECTIONS TO SUCCESSOR
TRUSTEE’S FIRST ACCOUNT 1 Case No. PTR-06-288755Cem YN DH PF BW YD

YPN NY NNN NN Dw ee ee Oe
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this Court for their services to the former trustee which remain unpaid, and so Objector is a
creditor of The Rosia L. Hart Revocable Trust (the “Trust”).

2. By Order dated October 16, 2012 settling the third account of the former
trustee, attached hereto as Exhibit A, Herb Thomas was awarded fees of $27,407.00 and
Witherspoon & Siracusa were awarded fees of $38,456.25, both as liens bearing simple
interest at the rate of 5% per annum. Both of these fees remain unpaid.

3. By Order dated July 10, 2013, attached hereto as Exhibit B, Daniel A. Conrad,
as litigation counsel for the former trustee, was awarded fees and costs totaling $15,961.69 as
a lien bearing simple interest at the rate of 5% per annum. This award of fees and costs
remains unpaid.

4. By Order dated August 16, 2013 settling the fourth and final account of the
conservator in the related proceedings, Conservatorship of the Estate of Rosia Lee Hart, case
no. PCN-06-288756, attached hereto as Exhibit C, Herb Thomas, as conservator of the
estate, was awarded fees of $7,300.00 and Witherspoon & Siracusa were awarded fees and
costs totaling, $9,761.25, all as liens bearing simple interest at the rate of 5% per annum. All
lof these fees and costs remain unpaid.

5. By Order dated July 9, 2014 settling the fourth and final account of the former
trustee, attached hereto as Exhibit D, Herb Thomas was awarded fees of $21,800.00,
Witherspoon & Siracusa were awarded fees of $38,021.25, and The Law Offices of Daniel
Conrad were awarded fees of $14,420.00, all as liens bearing simple interest at the rate of 5%
per annum. All of these fees remain unpaid. The Successor Trustee was ordered to reim-
burse costs of $2,483.45 to Witherspoon & Siracusa and $683.00 to The Law Offices of Daniel
A. Conrad. These costs have not been paid.

6. On March 19, 2015, Witherspoon & Siracusa emailed Ernest Der, counsel for
the Successor Trustee, requesting that the Successor Trustee reimburse their post final
laccounting costs in the conservatorship of $371.65 and their post final accounting costs in the

trust of $1,290.88. They received no response to this request. On July 19, 2016, Witherspoon

OBJECTIONS TO SUCCESSOR
ITRUSTEE’S FIRST ACCOUNT 2 Case No. PTR-06-288755|& Siracusa emailed the Successor Trustee and copied Mr. Der again requesting payment.
They received no response. Those emails and cost bills are attached hereto as Exhibit E.
ll. OBJECTIONS

7. The Successor Trustee’s first account lists the liabilities of the Trust on
‘Schedule H. None of the unpaid fees and costs described above are included on Schedule H
lor elsewhere in the first account. Objector requests that the Successor Trustee be directed to
lamend her first account to correctly show all outstanding liabilities.

8. The Successor Trustee was authorized and directed to reimburse costs of
$2,483.45 to Witherspoon & Siracusa and $683.00 to The Law Offices of Daniel A. Conrad.
These costs have not been paid. Since the Court has already issued an Order directing
payment of these fees, Objection requests that the Court issue an Order to Show Cause
directing the Successor Trustee to show cause why she has not paid these costs.

9. The Successor Trustee has requested in the first account that she be autho-
rized to pay herself all her requested fees of $12,963.00 and all of her attorneys’ requested
fees of $5,162.00 and costs of $495.00. The fees and costs of Herb Thomas, Witherspoon &
Siracusa, and The Law Office of Daniel A. Conrad already awarded and currently outstanding
total $173,127.44, and those fees and costs are bearing simple interest at the rate of 5% per
annum, some since 2012. Objectors do not object to the Successor Trustee and her attorney
receiving some fees at this time. Objectors also understand that the Successor Trustee will
wish to retain some amount of cash for the settlor’s living expenses and potential care needs,
land Objectors leave it to the judgment of the Successor Trustee as to how much cash is
currently available to pay fees. Objectors request, however, that however much the Successor
Trustee determines to be available for the payment of fees, the Successor Trustee be directed
to amend her account to provide for the pro-rated payment both requested and outstanding
fees.

10. | Objectors sent an email to Mr. Der on April 19, 2018 setting forth these
concerns, and a copy of that email is attached hereto as Exhibit F. Objectors received no

substantive reply, and so sent a follow-up email on May 9, 2018, stating that if they did not

|OBJECTIONS TO SUCCESSOR
ITRUSTEE’S FIRST ACCOUNT 3 CASE No. PTR-06-288755Coe DN DH PF YW DY

YPN YN HN NR KH HKD BB ewe Be Be Be Be eB eB
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receive a response by Monday, May 14, it would be necessary to file Objections to protect their
interests with respect to the Trust. Objectors received no substantive reply, so sent another
follow up email on Monday, May 14, requesting either a response or that the Successor
‘Trustee consent to a continuance so that the parties could resolve these issues. Mr. Der
responded on May 15 stating that the Successor Trustee was calculating interest to determine
how much she could pay from the Trust but provided no other response to the issues raised or
the request for a continuance.

11. The names and addresses of those who are entitled to notice are:
Rosia Lee Hart
3133 Crestline Court
Antioch, CA 94531
Adeline 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
Pastor Henry Gaines
1490 Kennedy Avenue
Weed, CA 96094
Reverend Andrew Smith
2709 Lotus Court
Antioch, CA 94531
Jackie Smith
2705 Lotus Court
Antioch, CA 94531

12. By ex parte Order dated October 11, 2006, a request by Baum Thornley
Architects for special notice herein was granted, and notice will be provided through their
attorneys, Coblentz, Patch, Duffy & Bass LLP, One Ferry Building, Suite 200, San Francisco,
CA 94111-4213. In addition, a Request for Special Notice was filed by Herb Thomas and
Witherspoon & Siracusa on May 28, 2014.

uit

|OBJECTIONS TO SUCCESSOR
TRUSTEE’S FIRST ACCOUNT 4 Case No. PTR-06-288755WHEREFORE, Objector requests an Order of this Court that:

41. The Successor Trustee be directed to amend her first account to correctly show
all outstanding liabilities;

2. The Court issue an Order to Show Cause directing the Successor Trustee to
show cause why she has not complied with the terms of its prior Order dated July 9, 2014
authorizing and directing her to reimburse costs of $2,483.45 to Witherspoon & Siracusa and
$683.00 to The Law Offices of Daniel A. Conrad;

3. However much the Successor Trustee determines to be available for the
payment of fees at this time, the Successor Trustee be directed to amend her first account to
provide for the pro-rated payment of both requested and outstanding fees; and

4, Granting such other or further relief as the Court considers proper under the

circumstances.

| certify under penalty of perjury under the laws of the State of California that the
foregoing is true and correct insofar as it is based on my own knowledge, and that | believe it
to be true insofar as it is based on information and belief, and that this declaration was

executed at San Francisco, California, on the date indicated below.

Date: May__\S_, 2018 WITHERSPOON & SIRACUSA, LLP

By: hn | S by

Andrew K. Schultz

OBJECTIONS To SUCCESSOR
TRUSTEE’S FIRST ACCOUNT 3 Case No. PTR-06-288755oD ONIN DH RF WN

EXHIBIT A

OBJECTIONS TOSUCCESSOR
TRUSTEE'S FIRST ACCOUNT

CASE No. PTR-06-288755. UNO EA, AMTA

San oe a

Phil Ting Mn estes or-Reca
RECORDING REQUESTED BY: boc O12~5 524003-00
Andrew K. Schultz (SBN 215917) ek Number
WITHERSPOON & SIRACUSA Me 7, Rept # nantsannag
1550 Bryant Street, Suite 875 t
San Francisco, CA 94103-4879 REEL K754 IMAGE 1017

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WHEN RECORDED MAIL TO:
Andrew K. Schultz (SBN 215917)
WITHERSPOON & SIRACUSA

1550 Bryant Street, Suite 875

San Francisco, CA 94103-4879 Space above line for Recorder's use onl

TITLE(S)

ORDER SETTLING THIRD ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE
ALLOWING TRUSTEE’S AND ATTORNEYS’ FEES AND COSTS, BOTH AS A LIEN
AGAINST REAL PROPERTY
THE ROSIA L. HART REVOCABLE TRUST, dated May 19, 2004
Case Number
PTR-06-288755
in reference to
950 Newhall Street
San Francisco, CA 94124
APN: Block 5279, Lot 4

Summary of Liens:

Herb Thomas: $27,407 principal, accruing interest at 5% per annum
commencing on October 16, 2012, until paid; and

Witherspoon & Siracusa: $38,456.25 principal, accruing interest at 5% per annum
commencing on Odtober 16, 2012, until paid.ndrew K. Schultz (State Bar #215917) F 6 IL £.. D
ITHERSPOON & SIRACUSA Sour of dan heaifomia
1550 Bryant Street, Suite 875

an Francisco, CA’ 94103-4879 OCT 16 2012
‘elephone (415) 552-1814

‘acsimile (415) 552-2158 Coan OF = COURT
schultz@witsir.com BY: i
Depi COPY OF THE
ATTEST: CERTIFI

‘tiomeys for Herb Thomas, Petitioner
juccessor Trustee of the Trust

SUPERIOR COURT OF THE STATE OF CALIFO!
CITY AND COUNTY OF SAN FRANCISCO

oe IN AH PB Hw NY KH

S

NUMBER: PTR-06-288755

ORDER SETTLING AMENDED THIRD AC-
COUNT AND REPORT OF SUCCESSOR
TRUSTEE; AND ALLOWING TRUSTEE’'S
AND ATTORNEYS’ FEES AND COSTS,
pom AS ALIEN AGAINST REAL PROP-

Date: September 17, 2012
Time: 9:00 a.m.
Dept: Probate, Room 204

Cross Ref: Case No. PCN-06-288756
The Conservatorship of Rosia Lee Hart

Se

Herb Thomas, as Successor Trustee of The Rosia L. Hart Revocable Trust, presents
is Amended Third Account and Report of Successor Trustee and Petition for Its
‘ettiement; and Petition for Allowance of Trustee's and Attorneys’ Fees and Costs,
‘oth as a Lien Against Real Property, the same having come on regularly for hearing, and
jood cause appearing therefor, the Court finds:

1. Notice: All notices of hearing have been given as required by law.
Allegations: All allegations of the Petition are true.

CASE No. PTR-06-2887553, Period of Account: The Third Account and Report of the Successor Trustee

4 Request for Trustee's Fee and Costs: Petitioner requested that he be

authorized and directed to reimburse himself $2,500 for his out-of-pocket cost during the
accounting period.
Petitioner also requested that he be awarded $27,407.00 for his services as Trustee

&. Payment to Macinnis, Donner & Koplowitz: Petitioner requested that the

payment to Macinnis, Donner & Koplowitz in the amount of $595.00 be approved.
7. Special Notice: Special notice was provided to Baum Thorley Architects

THEREFORE, IT IS ORDERED that:
1. No further notice of the Successor Trustes’s Amended Third Account and
‘eport is required;

CASE No. PTR-06-2887551 2. The Successor Trustee's Amended Third Account and Report is approved,
2 allowed and settled as filed;
3. All acts and proceedings of the Successor Trustee as set forth in the Amended

4 Herb Thomas, as Successor Trustee, is authorized and directed to reimburse

5. Herb Thomas, as Successor Trustee, is awarded $27,407.00'for his services as

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Street 100 feet to the point of beginning.

: BEING Lots 25, 26 and 27, in Block 210, O'Neil and Haley Tract.

APN: Block 5279, Lot 4

6. Herb Thomas, as Successor Trustee, is authorized and directed to reimburse
‘itherspoon & Siracusa $2,494.17 for their out-of-pocket costs during the accounting period;
| 7. Witherspoon & Siracusa is awarded $38,456.25 Yor their legal, paralegal, and

24 |

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-

CASE No. PTR-06-288755

| ORDER SETTLING AMENDED THIRD ACCOUNTeasterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Street 100 feet to the point of baginning.
BEING Lots 25, 26 and 27, in Block 210, O'Neil and Haley Tract.
APN: Block 5279, Lot 4
8. The payment to Macinnis, Donner & Koplowitz in the amount of $595.00"
proved; and

9. Accounting for period December 1, 2011 through November 30, 2013, shall be

led two weeks prior to 4 hol it ; appearance required if not filed by that date.
ete:_10/Ito/ta-

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Judge of the Superior Court
a PETER J. BUSCH

Case No. PTR-06-288755

IRDER SETTLING AMENDED THIRD ACCOUNToO me RD AW BRB WN

EXHIBIT B

OBJECTIONS TOSUCCESSOR
TRUSTEE'S FIRST ACCOUNT

Case No. PTR-06-288755wo ey ano ® WN PB

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© C ENDORSED

i San candied cbenES D joa
DA A COM fa eeeaes
ELISABETH J. HANOWSKY (252478) By NORRATE COURT
Law Offices of Daniel A. Conrad
ot en CA Sate =
in
Phone: a2 359-0900
Fax : (415) 359-0073
Attomeys for Plaintiff HERB THOMAS,
Conservator and Trustee
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
THE ROSIA L. HART REVOCABLE NO. PTR-08-288756
TRUST
ORDER AUTHORIZING PAYMENT OF
LITIGATION COUNSEL FEES
Cross Ref. Case No. PCN-06-288756
Conservatorship of Rosia Lee Hart
Date: 41, 2013
Time: 9:00 a.m.
Dept: 204

Petitioner Herb Thomas, successor trustee of the Rosia L. Hart Revocable Trust,
deceased, filed his Petition for Order to Pay Litigation Counsel Fees, to Continue Legal
Representation, and to Waive Notice to Trust Beneficiary, and the Supplement to that
Petition, which came on regularly for hearing by the court on this date.

The court finds from proof made to the satisfaction of this court:

1. Due notice of the hearing on the petition has been given for the period
and in the manner prescribed by law.

2. The Law Offices of Daniel A. Conrad spent 58.40 hours on services from

ORDER AUTHORIZING PAYMENT
OF LITIGATION COUNSEL FEES 1©
AAS
1 | December 6, 2011 to February 28, 2013, for which a reasonable fee is €45,826-for
i 2 | these services and $1,448.89 for costs incurred, for a total amount of $47;886-88.
3 IT IS ORDERED, and adjudged that: PIS 961-69
4
5

7 $47,368,60,
I$ Ae}.b
vy Qt. tn the sfamnniive, Denial A Conrad is awarded $49, 6 or gation

9 counsel's services between December 6, 2011 to February 28, 2013, and
10 those fees area fone ee ot Deel oe

Gs principal amount $4 2966-08 ith interest thereon atthe rate of 5% per
12 annum, accruing from the date of judgment until actually paid, secured by
13 alien against that certain real property situated in the City and County of
14 San Francisco, State of Califomia, commonly known as and located at
15 950 Newhall Street, and more particulariy described as follows:
16 Beginning at the point of intersection of the northeasterly line of
17 Kirkwood Avenue and the northwesterly line of Newhall Street,
18 Tunning thence northwesterly along said line of Kirkwood Avenue
19 75 feet; thence at a right angle northeasterly 100 feet; thence at a
20 fight angle southeasterly 75 feet to the northwesterly line of
21 Newhall Street; thence southwesterly along said line of Newhall
22 Street 100 feet to the point of beginning. Being lots 25, 26 and 27,
23 in block 210, O'Neil and Haley Tract.
24 APN: Block 5279, Lot 4
7 UILLIAN
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. 13

EXHIBIT C

OBJECTIONS TOSUCCESSOR
TRUSTEE'S FIRST ACCOUNT

CASE No. PTR-06-288755llama WOU
Assessor-Recorder

RECORDING REQUESTED BY: Francisco
: on Chu, Assessor-Recorder
Witherspoon & Siracusa poc- oi AS 548-00
1550 Bryant Street, Suite 725 Check Nunber 20381
San Francisco, CA 94103 mee AUG * 2013 11:38:39
Ree2 IMAGE 2377

WHEN RECORDED MAIL TO: REEL 962 IM ofa/FT/1-6
Witherspoon & Siracusa
1550 Bryant Street, Suite 725 b
San Francisco, CA 94103

‘SPACE ABOVE LINE RESERVED FOR RECORDER'S USE M

TITLE(S)

Order Settling Fourth and Final Account and Report of Conservator; Allowing Conservator's
Fee and Attomeys’ Fee and Costs, Both as a Lien Against Real Property; and Discharging
Conservator and His Surety
regarding

The Conservatorship of the Estate of
Rosia Lee Hart

in reference to the real property located at

950 Newhall Street
San Francisco, CA 94124

APN: Block 5279, Lot 004THE ANNEXED INSTRUMENT 1S A
CORRECT OF THE ORIGINAL,

‘ON Fit OFFICE.
‘Arrest CERTIFIED

ndrew K. Schultz (215917)
ITHERSPOON & SIRACUSA

FILED

Sen Francisca County Superior Peasy

AUG 1 4 2013

il asch i or S ERSOD cea TH CouaT
mail aschultz@witsir. Wie | i

ttommeys for Herb Thomas, Petitioner fener

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

Sa

of

2
Sh
Aly

NUMBER: PCN-06-2887:

ORDER SETTLING FOURTH AND FINAL
ACCOUNT AND REPORT OF CONSERVA-
TOR; ALLOWING CONSERVATOR’S FEE
AND ATTORNEYS’ FEE AND COSTS,
BOTH AS A LIEN AGAINST REAL PROP-
ERTY; AND DISCHARGING CONSERVA-
TOR AND HIS SURETY

Date: July 22-2043 AUG 14 2013
Time: 9:00 a.m.
Dept: Probate, Room 204

Cross Ref: Case No. PTR-06-288755
The Rosia L. Hart Revocable Trust

he Conservatorship of
he Estate of

OSIA LEE HART,
Conservatee.

ee

Herb Thomas, as Conservator of the Estate of Rosia Lee Hart, Conservatee, having
resented his Fourth and Final Account and Report of Conservator and Petition for Its
'ettiement; Petition for Allowance of Conservator’s Fee and Attorneys’ Fee and Costs,
oth as a Lien Against Real Property; and Petition to Discharge Conservator and his
urety, the same having come on regularly for hearing, and good cause appearing therefor,
28 fthe Court finds:

JRDER SETTLING FOURTH AND FINAL ACCOUNT CASE No. PCN-06-288756©

1. Notice: All notices of hearing have been given as required by law.

2. Allegations: All allegations of the Petition are true.

3. Period of Account: The Conservator's Fourth and Final Account and Report
vered the period beginning December 1, 2011, and ending April 30, 2013.

4. Request for Conservator’s Fee: Petitioner requested that he be awarded
7,300.00 for his services as conservator of the estate during the accounting period, and that
fee be a lien in favor of Herb Thomas with simple interest thereon at the rate of five percent
5%) per annum, accruing from the date of judgment until actually paid, and secured by that
rtain real property situate in the City and County of San Francisco, State of California,
mmonly known as 950 Newhall Street.

5. Request for Attorneys’ Fee and Costs: Petitioner requested that, as
juccessor Trustee of the Rosia L. Hart Revocable Trust, he be authorized and directed to pay
itherspoon & Siracusa $900.21 as reimbursement for their out-of-pocket costs.

Petitioner also requested that Witherspoon & Siracusa be awarded $9,586.25 for their
jegal, paralegal, and law clerk services provided during the accounting period and $175.00 for
inticipated paralegal services to close the conservatorship for a total of $9,761.25, to be a lien
in favor of Witherspoon & Siracusa with simple interest thereon at the rate of five percent (5%)
annum, accruing from the date of judgment until actually paid, secured by that certain real
roperty situate in the City and County of San Francisco, State of Califomia, commonly known

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im as conservator of the Conservatee's estate. Petitioner requested that he be discharged
conservator of the estate, and that his surety be discharged and released from liability for
I! acts subsequent hereto.

7. Spectai Notice: Special notice was requested by and provided to Baum
homey Architects, LLP, care of thelr attomeys, Coblentz, Patch, Duffy & Bass.

JRDER SETTLING FOURTH AND FINAL ACCOUNTTHEREFORE, IT IS ORDERED that:
1. No further notice of the Conservator’s Fourth and Fina! Account and Report is

equired;

2. The Conservator’s Fourth and Final Account and Report is approved, allowed
ind settled as filed;

3. All acts and proceedings of the Conservator as set forth in the Fourth and Final
ccount and Report are ratified, confirmed and approved;

4. Herb Thomas, as Conservator, is awarded $7,300.00 for his services as
nservator of the estate during the accounting period, and that fee is a lien in favor of Herb
homas with simple interest thereon at the rate of five percent (5%) per annum, accruing from
he date of judgment until actually paid, and secured by that certain real property situate in the
and County of San Francisco, State of California, commonly known as 950 Newhall
treet, and more properly described as:

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Street 100 feet to the point of beginning.

BEING Lots 26, 26 and 27, in Block 210, O'Neil and Haley Tract.

APN: Block 5279, Lot 4

5 Herb Thomas, as Successor Trustee of the Rosia L. Hart Revocable Trust, is
juthorized and directed to pay Witherspoon & Siracusa $900.21 as reimbursement for their
ut-of-pocket costs;

6. Witherspoon & Siracusa is awarded $9,586.25 for their legal, paralegal, and law
lerk services provided during the accounting period and $175.00 for anticipated paralegal
ervices, and the total amount, $9,761.25, is a lien in favor of Witherspoon & Siracusa with
imple interest thereon at the rate of five percent (5%) per annum, accruing from the date of
judgment until actually paid, secured by that certain real property situate in the City and

JRDER SETTLING FOURTH AND FINAL ACCOUNT CASE No. PCN-06-288756‘ounty of San Francisco, State of California, commonly known as 950 Newhall Street, and

2 more properly described as:

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Street 100 feet to the point of beginning.

BEING Lots 25, 26 and 27, in Block 210, O'Neil and Haley Tract.

APN: Block 5279, Lot 4; and

7. Herb Thomas is discharged as conservator of the estate, and his surety is
ischarged and released from liability for all acts subsequent hereto

ate: CY Y/ LS nbtelfecs —§
je of the ior Court

PETER J. BUSCH

ORDERED WITHOUT HEARING

JRDER SETTLING FOURTH AND FINAL ACCOUNT CASE No. PCN-06-288756_

Co eo Y AH BW N

10

EXHIBIT D

OBJECTIONS TO SUCCESSOR
TRUSTEE'S FIRST ACCOUNT

CASE No. PTR-06-288755C
mera ere vat A

San Francises r

Witherspoon & Siracusa Carmen Chu
1550 Bryant Street, Suite 725 DOC- 2014-J906435-00
San Francisco, CA 94103 Check Number

ih 2016 11:28:18
day, JUL 11, 128:
TL Pe $38.00 Rept &

ofa/FT/1-3
WHEN RECORDED MAIL TO:
Witherspoon & Siracusa
1550 Bryant Street, Suite 725
San Francisco, CA 94103 A

‘SPACE ABOVE LINE RESERVED FOR RECORDER'S USE

TITLE(S)

ORDER SETTLING FOURTH AND FINAL ACCOUNT AND REPORT OF SUCCESSOR
TRUSTEE; ALLOWING TRUSTEE'S FEE AND ATTORNEYS’ FEES AND COSTS, ALL ASA
LIEN AGAINST REAL PROPERTY; AND DISCHARGING CONSERVATOR AND HIS.
SURETY
THE ROSIA L. HART REVOCABLE TRUST, dated May 19, 2004
Case Number
PTR-06-288755
in reference to
950 Newhall Street
San Francisco, CA 94124

APN: Block 5279, Lot 4_

Androw X Schutz (215917) coe
WITHERSPOON & SIRACUSA ___ CLERKOF ne COURT

1550 Bryant Street, Suite 725 or SER Oe eeauhanen

San Francia, CA 9403-4870" F I E D
Telephone (415) 552-181 ;
Facsimile (415) 552-2158 San Francisco County Superior Court
Email aschultz@witsir.com JUL 09 2014

CLERK QF THE COURT
ity Clerk

1550 Bryant Street, Suite 760
San Francisco, CA 94103
Telephone: (415) 359-0900
Fax: (415) 359-0073

[Attorneys for Herb Thomas,
Successor Trustee

oe NAH BRB WwW DN

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

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NUMBER: PTR-06-288755

ORDER SETTLING FOURTH AND FINAL
ACCOUNT AND REPORT OF SUCCESSOR
TRUSTEE; ALLOWING TRUSTEE'S FEE
AND ATTORNEYS’ FEES AND COSTS, ALL
AS ALIEN AGAINST REAL PROPERTY;
AND DISCHARGING CONSERVATOR AND
HIS SURETY

Date: dore2-2014~ “7/ 4 [it
Time: 9:00 a.m.
Dept: Probate, Room 204

Cross Ref: Case No. PCN-06-288756
The Conservatorship of Rosia Lee Hart

Herb Thomas, as Successor Trustee of The Rosia L. Hart Revocable Trust, having
26 |[presented his Fourth and Final Account and Report of Successor Trustee and Petition
27 |ifor Its Settlement; Petition for Allowance of Trustee's Fee and Attorneys’ Fees and

28 || Costs, All as a Lien Against Real Property; and Petition to Discharge Conservator and

IORDER SETTLING FOURTH AND FINAL ACCOUNT

CASE No. PTR-06-288755,_

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therefor, the Court finds:

1. Notice: All notices of hearing have been given a red'by law.

2. Allegations: All allegations of the Petition are true. #4

3. Period of Account: The Fourth and Final Account and Report of the Succes-
sor Trustee covered the period beginning December 1, 2011, and ending February 7, 2014.

4. Trustee's Fee: Petitioner requested that he be awarded $21,800.00 for his
services as Trustee during the accounting period, and that fee be a lien in favor of Herb
‘Thomas with simple interest thereon at the rate of five percent (5%) per annum, accruing from
ithe date of judgment until actually paid, and secured by that certain real property situate in the
City and County of San Francisco, State of California, commonly known as 950 Newhall
See :

5. Witherspoon & Siracusa’s Fee and Costs: Petitioner requested that Paula
Bibibs, as Successor Trustee of the Rosia L. Hart Revocable Trust, be authorized and directed
to pay Witherspoon & Siracusa $2,483.45 as reimbursement for their oa ae pen

Petitioner also requested that Witherspoon & Siracusa be award 08 $30 O28
legal, paralegal, and law clerk services provided during the accounting period, and that fee be
‘a lien in favor of Witherspoon & Siracusa with simple interest thereon at the rate of five
percent (5%) per annum, accruing from the date of judgment until actually paid, and secured
by that certain real property situate in the City and County of San Francisco, State of Califor-
nla, commonly known as 950 Newhall Street.

6. —_ Law Offices of Daniel A. Conrad’s Fee and Costs: Petitioner requested that
Paula Bibibs, as Successor Trustee of the Rosia L. Hart Revocable Trust, be authorized and
directed to pay the Law Offices of Daniel A. Conrad $972.74 as reimbursement for their out-of-
pocket costs.

Petitioner also requested that The Law Offices of Daniel A. Conrad be awarded
$14,534.00 for their legal and paralegal services provided during the accounting period, and
{that fee be a lien in favor of the Law Offices of Daniel A. Conrad with simple interest thereon at

ORDER SETTLING FOURTH AND FINAL ACCOUNT z Case No. PTR-06-288755i

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23

27
28

the rate of five percent (5%) per annum, accruing from the date of judgment until actually paid,
land secured by that certain real property situate in the City anc; ¢ Francisco,
State of California, commonly known as 950 Newhall Street

7. Discharge of Trustee and Surety: Petitions" '.es':=rformed all duties required
lof him as Trustee. He has transferred ail of the assets of th la Bibbs, as
Successor Trustee. Petitioner requested that he be discharged as Trusteo of the Rosia L.
Hart Revocable Trust and that his surety be discharged and released from liability for all acts
subsequent hereto.

8. Special Notice: By ex parte Order dated October 11, 2006, the request by
Baum Thomley Architects for special notice herein was granted, and notice was provided
through their attorneys, Coblentz, Patch, Duffy & Bass LLP, One Ferry Buikling, Suite 200,
‘San Francisco, CA 94111-4213.

THEREFORE, IT IS ORDERED that:

1. No further notice of the Successor Trustee’s Fourth and Final Account and
Report is required;

2. The Successor Trustee's Fourth and Final Account and Report is approved,
allowed and settled as filed;

3. All acts and proceedings of the Successor Trustee as set forth in the Fourth
and Final Account and Report are ratified, confirmed and approved;

4. Herb Thomas is awarded $21,800.00'for his services as Trustee during the
laccounting period, and that fee is a lien in favor of Herb Thomas with simple interest thereon
fat the rate of five percent (5%) per annum, accruing from the date of judgment until actually
paid, and secured by that certain real property situate in the City and County of San Francisco,
State of California, commonly known as 950 Newhall Street and more properly described as:

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-

erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-

IORDER SETTLING FOURTH AND FINAL ACCOUNT 3 CASE No. PTR-08-288755_

oo YN A HW BY DN

erly line of Newhall Street; thence southwesterly ~~ said line of Newhall
Street 100 feet fo the point of beginning.

BEING Lots 25, 26 and 27, in Block 210, O'Neil and:
APN: Block 5279, Lot 4

bibbs

5. Paula Bibibs; as Successor Trustee of the

en Ravocable Trust, is
(a5 WRN
authorized and directed to pay Witherspoon & Siracusa $2) imipdreoment for their
out-of-pocket costs;

36,041.

6. Witherspoon & Siracusa is awarded $36;408:75-for their legal, paralegal, and
law clerk services provided during the accounting period, and that fee is a lien in favor of
Witherspoon & Siracusa with simple interest thereon at the rate of five percent (5%) per
annum, accruing from the date of judgment until actually paid, and secured by that certain real
property situate in the City and County of San Francisco, State of California, commonty known
jas 950 Newhall Street, and more properly described as:

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Streot 100 fest to the point of beginning.

BEING Lots 25, 26 and 27, in Block 210, O'Neil and Haley Tract.

APN: Block 5279, Lot 4

7. Paula Bibbs as Successor Trustee of the Rosia L. neg iggy Trust, is
authorized and directed to pay the Law Offices of Daniel A. Conrad @972-74as reimbursement
for their out-of-pocket costs; I 4 4 20

8. The Law Offices of Daniel A. Conrad is awarded for their legal and
paralegal services provided during the accounting period, and that fee is a lien in favor of the
Law Offices of Daniel A. Conrad with simple interest thereon at the rate of five percent (5%)
per annum, accruing from the date of judgment until actually paid, and secured by that certain
real property situate in the City and County of San Francisco, State of California, commonly
known as 950 Newhall Street, and more properly described as:

JORDER SETTLING FOURTH AND FINAL ACCOUNT CASE No. PTR-06-288755

7_

BEGINNING at the point of intersection of the northeasterly line of Kirkwood
Avenue and the northwesterly line of Newhall Street; running thence northwest-
erly along said line of Kirkwood Avenue 75 feet; thence at a right angle north-
easterly 100 feet; thence at a right angle southeasterly 75 feet to the northwest-
erly line of Newhall Street; thence southwesterly along said line of Newhall
Street 100 feet to the point of beginning.

BEING Lots 25, 26 and 27, in Block 210, O'Neil and Haley Tract.
APN: Block 5279, Lot 4; and

9. Herb Thomas is discharged as Successor Trustee of the Rosia L. Hart
Revocable Trust, and his surety is discharged and released from liability for all acts subse-

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quent hereto.

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Date: 1f 4

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(ORDER SETTLING FOURTH AND FINAL ACCOUNT Case No. PTR-06-288755Co Oo IN DO HW RB WN

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OBJECTIONS TO SUCCESSOR
TRUSTEE'S FIRST ACCOUNT

EXHIBIT E

CASE No. PTR-06-288755C

Andrew Schultz

From: Andrew Schultz

Sent: Thursday, March 19, 2015 4:51 PM

To: Emest F. Der

Subject: Rosia Hart - cost invoices

Attachments: Hart Cons cost invoice.pdf; Hart Trust cost invoice.pdf
Hi Ernest,

We Just ran our out-of-pocket cost bills and discovered some final costs after filing Herb’s final accounts as conservator
and trustee. Would you kindly forward these to Paula for payment?

Thank you,

Andrew K. Schultz, Esq.

WITHERSPOON & SIRACUSA

1550 Bryant Street, Suite 725 (Please note change from 875)
San Francisco, CA 94103

Tel: (415) 552-1814 Fax: (415) 552-2158
aschultz@witsir.com

www.witsir.com

‘This is a message from a law firm and may contain information that Is confidential or legally privileged. If you are not
the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently
transmitted to you and delete this e-mail from your system. Thank you for your cooperation.Witherspoon & Siracusa PCN-08-288756
4850 Bryant Street, Suite 725
‘San Francisco, CA 94103 INVOICE 18622

The Conservatorship of Rosia Lee Hart

Additional Costs:
—Amount
8/14/2013 Messenger service to S.F. Probate Court for filing - pick up order + cert 24.63
8/15/2013 Certified copies of Court documents - order 4th account 27.00
Postage 4.62
8/16/2013 Recording fee - Rec. order final account 31.00
Messenger service to S.F. Probate Court for filing - notice entry order 24.63
Messenger service to recorder's office 24.63
8/30/2013 Messenger service to S.F. Probate Court for filing - req copy 24.63
5/29/2014 Certified copies of Court documents; 3 acknowledgments - total $78 78.00
6/5/2014 Photocopies 2.20
6/6/2014 Messenger service to S.F. Probate Court for filing acknowledgment 25.51
6/17/2014 Certified copies of Court documents (certified Acknowledgment Tot $104) 104.00
6/18/2014 Photocopies 0.80
Total additional charges $371.65

Please make check payable to Witherspoon & Siracusa

Please indicate invoice number and type of reimbursement. ThanksWitherspoon & Siracusa PTR-06-288 755
1550 Bryant Street, Suite 725
‘San Francisco, CA 94103 INVOICE 18623

The Rosia L. Hart Revocable Trust

Additional Coste:

—Amount
4/21/2014 E-filing fee on fourth and final account and report of Successor Trustee 5.00
Petition re intemal Affairs of Trust - Fourth and Final Account and Report of 450.00

Successor Trustee
4/25/2014 Postage 4.08
Postage 1.38
4/28/2014 E-filing fee on notice of hearing 5.00
6/28/2014 Postage 6.24
E-filing fee on receipt from successor trustee for transfer of trust assets 5.00
E-filing fee on request for special notice 5.00
Request for special notice 40.00
§/28/2014 E-filing fee on acknowledgment of satisfaction of lien 5.00
5/30/2014 Certified copies of Court documents; 2 acknowledgments total $52 52.00
Messenger service to S.F. Probate Court for filing acknowledgment of 27.34
6/5/2014 Photocopies 141.90
6/6/2014 Photocopies -receipts acknowledgement trust - Various. 101.00
Certified copies of Court documents; certified acknowledgments 52.00
Messenger service to SF Recorder - acknowledgments 25.51
6/13/2014 Recording fee acknowledgments 95.00
Messenger service to S.F. A. Recorder Acknowledgment 25.51
6/17/2014 Certified copies of Court documents 104.00
| service to S.F. Probate Court for filing Acknowledgment Certified 25.51
E-filing - Declaration of Trustee's Attomey 5.00

6/18/2014 Photocopies 2.00The Rosia L. Hart Revocable Trust

6/26/2014 Postage
Postage
7198/2014 Certified copies of Court documents 4th Acct
7/11/2014 Recording fee Order 4th Acct
Messenger service to S.F. - Recording, Order re Fin. Acct -
8/21/2014 Photocopies
212712016 Photocopies

Total additional charges

Please make check payable to Witherspoon & Siracusa

Please indicate invoice number and type of reimbursement. Thanks

$1,290.88sf *
Andrew Schultz
seer ecm tee SS dt SEY
From: Andrew Schuitz
Sent: Tuesday, July 19, 2016 4:47 PM
To: Paula R. Bibbs (bibbsmar@pacbell.net)
Ce: Ernest F. Der, Daniel Conrad (dconrad@danielaconrad.com); Lawrence Siracusa
Subject: FW: Hart Trust and Cons - out-of-pocket costs
Attachments: Hart Cons post account costs.pdf; Hart Trust 4th account order.pdf; Hart Trust post
account costs.pdf
Paula,

| apologize, because | forgot to attach the order and invoices, which are now attached.

Regards,

Andrew K. Schultz, Esq.

WITHERSPOON & SIRACUSA

1550 Bryant Street, Suite 725 (Please note change from 875)

San Francisco, CA 94103
Tel: (415) 552-1814 Fax: (415) 552-2158.
aschultz@witsir.com

www.witsir.

This is a message from a law firm and may contain information that is confidential or legally privileged. If you are not
the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently
transmitted to you and delete this e-mail from your system. Thank you for your cooperation.

From: Andrew Schultz
Sent: Tuesday, July 19, 2016 4:43 PM

To: Paula R. Bibbs (blbbsmar@pachell. net)

Cc: Emest F. Der; Daniel Conrad (dconrad@danielaconrad.com); Lawrence Siracusa
Subject: Hart Trust and Cons - out-of-pocket costs

Dear Paula,

We have a new clerk, and we were just reviewing some of our outstanding invoices.

In the order settling Herb’s final account as trustee, you were authorized and directed to pay our office $2,483.45 in
outstanding out-of-pocket costs and Daniel Conrad's office $683.00 in outstanding out-of-pocket costs. (We knew that
Mrs. Hart did not have the liquid funds to pay the fees, but we thought that by paying our costs, it would reduce the
amount accruing interest as part of the lien.)

| am aso attaching invoices for $1,290.88 in post-accounting out-of-pocket costs in the trust (mostly related to filing the
final account and recording and filing the Acknowledgment and Satisfactions of claim to clear the liens that were paid
from title) and $271.65 in post-accounting costs in the conservatorship (again, mostly related to clearing the liens from
title) that we are also requesting that you pay.

Also, as a reminder, when you file your first accounting, we did file a Request for Special Notice.

Thank you,oe ND HW PB YW NY

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So Ua A ek OHS =F SO we rR HAH FS WN | SO

EXHIBIT F

OBJECTIONS TOSUCCESSOR
TRUSTEE'S FIRST ACCOUNT

CASE No. PTR-06-288755Andrew Schultz

A A TTS

From: Andrew Schultz

Sent: Thursday, April 19, 2018 1:44 PM

To: Ernest F. Der

Ce: Lawrence Siracusa; Daniel Conrad (dconrad@danielaconrad.com); Herb Thomas
Subject: Hart accounting

Dear Ernest,

We received Paula’s Hart accounting. There are a few issues | wanted to raise.
| believe the following fees and costs are outstanding:

Herb Thomas: $27,407.00 (3 trust account)
$7,300 (4"" and final conservatorship account)
$21,800 (4 and final trust account)

Witherspoon & Siracusa: $38,456.25 (3 trust account)

$9,761.25 (4 and final conservatorship account)

$38,021.25 (4" and final trust account)

$2,483.45 costs ordered paid by Paula Bibbs in 4" and final trust account, not paid
(not lien)

$1,290.88 post final accounting trust costs (sent to Ernest and/or Paula several
times)(not lien)

$271.65 post final accounting conservatorship costs (sent to Ernest and/or Paula
several times)(not lien)

Daniel Conrad: $14,513.00 (fees in order dated 7/10/13)
$1,448.69 (costs in order dated 7/10/13)
$14,420.00 (4"" and final trust account)
$683.00 costs ordered paid by Paula Bibbs in 4" and final trust account, not paid (not lien)

First, none of these fees and costs are listed as liabilities on your accounting, so you will need to amend.

Second, Paula was ordered to pay the costs in the 4" and final trust account (the fees were granted as a lien, but the
costs were ordered paid) but has not, and she has also never paid our post-final accounting costs for the conservatorship
and trust which [ have sent you several times.

Third, | see that the trust’s available cash has increased from $53K to $121K and that you and Paula are asking for
payment of all your fees. Given the amount of fees we have outstanding (as well as the fact that they are accruing
interest at the rate of 5% per annum), it is really only fair for some payment to made toward our outstanding fees as
well. We request that Paula please pay all the outstanding costs now and that you amend the accounting to provide for
some sort of pro-rated payment for all of us. | don’t know how much of the available cash Paula feels is appropriate to
devote to fees, so | would ask that you discuss the issue with her and make a proposal.

Thank you,

Andrew K. Schultz, Esq.
WITHERSPOON & SIRACUSA, LLP