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Matthew K. Wisinski (SBN 195535)
Dana L. Tom (SBN 263313) ELECTRONICALLY
Katelyn M. Knight (SBN 264573) FILED
MURCHISON & CUMMING, LLP Superior Court of Cantfornia,
a Battery a pute —_ HH County of San Frencisco
an Francisco, California 94
Telephone: (415) 524-4486 O1f27, 42037,
(415) 524-4313 BY:SANDRA SCHIRO
Facsimile: (415) 391-2058 Deputy Clerk
E-Mail: — mwisinski@murchisonlaw.com
dtom@murchisonlaw.com
kknight@murchisonlaw.com
Attorneys for Defendants, CARRIE WILSON
in her capacity as Trustee of the WILSON
FAMILY TRUST and SHAWN MARKHAM
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA, CASE NO. CGC-14-538560
Plaintiff, DECLARATION OF KATELYN M.
KNIGHT IN SUPPORT OF OPPOSITION
vs. TO PLAINTIFF'S MOTION FOR LEAVE
TO AMEND THE COMPLAINT
CARRIE WILSON, in her capacity as
trustee of THE WILSON FAMILY TRUST, Date: February 8, 2017
SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m.
and ANGELO WILSON, and DOES 1-20, Dept.: 501
Defendants. Action Filed: April 10, 2014
Trial Date: March 27, 2017
|, Katelyn M. Knight, declare and state:
| am an attorney-at-law licensed to practice in the State of California and | am an
associate with Murchison & Cumming LLP, counsel of record herein for Defendants. | am
one of the attorneys at our firm responsible for handling the defense of this matter on behalf
of Defendants, and, on this basis, and upon such other bases set forth below, | have
personal knowledge of the matters set forth in this Declaration, except where stated on
information and belief, and could and would competently testify to them under oath if called
as a witness.
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DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION
FOR LEAVE TO AMEND THE COMPLAINT1. Attached hereto as Exhibit A is a true and correct copy of the deed for the
subject property showing the ownership of the Wilson Family Trust.
2. Attached hereto as Exhibit B are Carrie Wilson in her capacity as Trustee of
the Wilson Family Trust's Responses to Plaintiff's Requests for Production of Documents.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 26th day of January, 2017, at San Francisco, California.
Kh, | Povglt
Katelyn M. Knight
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DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION
FOR LEAVE TO AMEND THE COMPLAINTEXHIBIT ANA ANNAN IAT
. CERTIFIED COPY
oan eon Oo Secerder's fice
Bruce Jamizens County fee
fo Manse ta Wes 24 et 749
Shee mer ho
Sere ete Fuesdaey HN o/s 198% 10224240
rouse 167) Nayor Strect BO scour HL UEMIe 00
{San Vraneiseo, Cd 94117 yh Tolal- $7.00 Nbe-000E
ae REEL Gu? MAGE os S
title One Xn a. [
“8 SPACE ANOVE THIB-LINE FOr
f a Decumeotary teanafer ton :
see ": LF Computed on full vali of nroperty conn
ot Same 7 (2 Gonpoted onytull vhite eka iets ata cucuinbeances
core
Baty a
|
FOR VALUE RECEIVED,
Individual Grant Deed | :
PRANKTE J. WILSON and CARRIE M, WILSON, his Wile,
GRANT...
io FRANKIE J. WTERON and CARRIE M,
WILSON, Trustees under The
RILSON FAMILY ‘TRUST
all that eal property stluste inthe City and
Covntyot San Francisco, + State af Culifocnia, desetibed as foltows:
BEGINNING at a point on the si
Street, distant thereon 131 te
from the oasterly line of Cont
thence easterly along said sou
25 feats thence at a right angle southerly 137 feet, 6
inches; thense at a right angio wosterly 25 feet; thonce
at a right angio northerly 137 tact, 6 inches cathe
Southerly Line of tayce Street and the point of beginning.
outherly Line of Mayer
at, 3 inches easterly
rad Avenue: running
therly Tine of Hayes Street
BEING a portion of Western Addition Block No. 607,
Block pw L ef 30
STATE OF CALIFORNIA
Couny of Gan Pranctac:
ed MEL:
ory evidencesto
ncaa
wwiedged tome Hurt delphi yerccuted the sane in bitherttheiy awhorizeat 7
Topactngibhantibat yh her nario grc) : :
i behalf of whieh the person acted, executed the instuoners enc curgeeuiennuomon
ee oo rane
i WOTARY PUBLIC
EOA COUNTY, OALIFORNIA,
My ceatenlaslon daptees fone 16, 1995
east mt
NAN, TAX STATEMENTS AS OMECTEO ANOVE
|EXHIBIT BMatthew K. Wisinski (SBN 195535)
Dana L. Tom (SBN 263313)
|| Katelyn M. Knight (SBN 264573).
MURCHISON & CUMMING, LLP
275 Battery Street, Suite 550
San Francisco, California 94111
Telephone: (415) 489-4798
Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisoniaw.com
dtom@murchisonlaw.com
kknight@murchisonlaw.com
Attorneys for Defendant CARRIE WILSON, in
her capacity as trustee of THE WILSON
FAMILY TRUST
SUPERIOR COURT OF TH
E STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA,
Plaintiff,
vs.
CARRIE WILSON, in her capacity as
trustee of THE WILSON FAMILY TRUST,
SHAUN MARKHAM, ERIKA MARKHAM,
and ANGELO WILSON, and DOES 1-20,
Defendants.
DEMANDING PARTY:
RESPONDING PARTY: CARRIE WILSON
WILSON FAMILY
SET NUMBER: ONE
CASE NO. CGC-14-538560
SUPPLEMENTAL RESPONSES OF
CARRIE WILSON, in her capacity as
trustee of THE WILSON FAMILY TRUST
TO PLAINTIFF'S FIRST SET OF
REQUEST FOR PRODUCTION OF
DOCUMENTS
Action Filed:
Trial Date:
April 10, 2014
None Set
PLAINTIFF PHILLIP GARCIA
in her capacity as trustee of THE
TRUST
COMES NOW defendant, CARRIE WILSON, in her capacity as trustee of THE
WILSON FAMILY TRUST, and submits her supplemental responses to plaintiff's First Set of
Requests for Production as follows.
SUPPLEMENTAL RESPONSES OF
FAMILY TRUST TO PLAINTIFF'S
CARRIE WIL:
FIRST SET OF REQUEST FO!
SON, in her capacity as trustee of THE WILSON
PRODUCTION OF DOCUMENTSoo ON DOD a FF Ww nH =|
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REQUEST NO. 1:
__ Copy of each and every rent.check received by YOU in connection with Mr. Garcia's
tenancy at the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
Responding Party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not have
any of the documents requested in its custody or control. Once a check has been cashed,
that check then goes back to the originator, Responding Party did not maintain copies of these
checks.
REQUEST NO, 2:
All DOCUMENTS showing the date each and every rent check in connection with
Mr. Garcia's tenancy at the SUBJECT PREMISES was deposited into any bank account.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 2:
Responding party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not
maintain records of the deposit dates for checks.
REQUEST NO. 3:
All DOCUMENTS or COMMUNICATIONS between YOU and Shaun Markham
in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT
PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of
the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 3:
Responding Party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not have
any of the documents requested in its custody or control, no such documents ever existed.
REQUEST NO. 4:
All DOCUMENTS or COMMUNICATIONS between YOU and Erika Markham in
connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT
2
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her Gapacit as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSco © ON ®O GO BRB WD A
PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of
the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 4:
Responding Party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not have
any of the documents requested in its custody or control, no such documents ever existed.
REQUEST NO, 5:
All DOCUMENTS or COMMUNICATIONS between YOU and Angelo Wilson
in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT
PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of
the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 5:
Responding Party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not have
any of the documents requested in its custody or control, no such documents ever existed.
REQUEST NO. 6:
All DOCUMENTS or COMMUNICATIONS between YOU and Michael Raifsnider
in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT
PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of
the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 6:
Responding Party is unable to comply with this request. A diligent search and a
reasonable inquiry has been made in an effort to comply, but Responding Party does not have
any of the documents requested in its custody or control, no such documents ever existed.
REQUEST NO. 7:
All DOCUMENTS or COMMUNICATIONS between YOU and Davis Realty in
connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT
PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the
3
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSo oN Oo a FF Ww DH =
YN NY MY YY NY YB KY NY |B BBA Ba Ba BB Ba AB AB
on Oo a F&F Ww NY |= OD 6G OBA N DOD HT F O HD |= CO
SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION.NO.7:.
Responding Party has previously produced all of the documents responsive to this
request in their possession, custody or control.
REQUEST NO. 8:
All DOCUMENTS evincing the date the SUBJECT PREMISES was listed for sale.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 8:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time.
REQUEST NO. 9:
All DOCUMENTS evincing the date YOU decided to sell the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 9:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time.
REQUEST NO. 10:
All DOCUMENTS referenced or relied upon in responding to Special Interrogatory No. 8.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 10:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time.
REQUEST NO. 11:
All DOCUMENTS referenced or relied upon in responding to Special Interrogatory No. 17.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 11:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time. Discovery is continuing and Responding Party
4
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSyw NM RY NY KY NY NY NY DW |= BF Aa Be Ba sa a a Aa a
on oO GF ON = OC OG ODN DH BF WH BS DO
oon Oa ek WD A
reserves the right to supplement this response should new information come to light.
REQUEST NO. 12:
All COMMUNICATIONS between YOU and Angelo Wilson regarding preparing the
SUBJECT PREMISES for sale.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 12:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time. Discovery is continuing and Responding Party
reserves the right to supplement this response should new information come to light.
REQUEST NO. 13:
Copies of each and every DOCUMENT or COMMUNICATION pertaining to Shaun
Markham recording or filming other tenants at the SUBJECT PREMISES.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 13:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time. Discovery is continuing and Responding Party
reserves the right to supplement this response should new information come to light.
REQUEST NO. 14:
Copies of each and every DOCUMENT establishing or registering The Wilson Family Trust
in each and every jurisdiction in which it is located, The Wilson Family Trust beneficiaries, and
amendments thereto.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14:
Responding Party is unable to comply with this request, a diligent search has been
made and a reasonable inquiry, but Responding Party is unable to locate documents
responsive to this request at this time. Responding Party believes that the trust documents
were lost or misplaced when the family moved to Georgia. Discovery is continuing and
Responding Party reserves the right to supplement this response should new information
come to light.
5
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSoon oOarowrnr a
Yo NBN MY DY NY DY NY NY ND B@ BS Ba BB BB aA a a
on Oo a BF WH DY = OO oO BN DW aA Fk Ww HY =| COC
REQUEST NO. 15:
Copies of each and every DOCUMENT showing Carrie Wilson_is medically unable
to attend a deposition within 75 miles of her home.
SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 15:
Responding Party has provided Plaintiff's counsel a letter from Carrie Wilson's
medical provider regarding her health,issues that make it inadvisable to travel long distances
or to sit for long periods of time.
DATED: February ||, 2016 MURCHISON & CUMMING, LLP
By: ET OALNG i
Matthew K. Wisifiski
Dana L. Tom
Katelyn M. Knight
Attorneys for Defendant CARRIE WILSON,
in her capacity as trustee of THE WILSON
FAMILY TRUST
6
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSaf VERIFICATION
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
a have read the foragoing RESPONSES OF CARRIE WILSON, in her capaclty as trastes
pof THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR
{PRODUCTION OF DOCUMENTS, SUPPLEMENTAL and know its contents.
i
a
3]
al
s|
i
8 i jam Trustes of Wilson Family Trust of The Viilson Farnily Trust, a party to this action,
Rand am authonzed to make tis venfication for and on is behalf, and [make this varifieatior
7} for that ragsen, These responses ware assembled by aur caunsel of recard andl am
informed and balleve that the responses are true and conmminie.
BE
Exocvied or 1/27 . 2015, at Lizella, Goorgia.
tdectare under penally of cenqury uncer the laws of the State of Calfomia that the i
1 foregoing ig true and correctPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, | was over 18 years of age and not a party to this action. | am
employed in the County of San Francisco, State of California. My business address is 275
Battery Street, Suite 850, San Francisco, California 94111.
On February 11, 2016, | served true copies of the following document(s) described
as SUPPLEMENTAL RESPONSES OF CARRIE WILSON, IN HER CAPACITY AS
TRUSTEE OF THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF
Cee FOR PRODUCTION OF DOCUMENTS on the interested parties in this action
as follows:
SEE ATTACHED LIST
BY E-MAIL OR ELECTRONIC TRANSMISSION: | caused a copy of the document(s) to
be sent from e-mail address pwallace@murchisonlaw.com to the persons at the e-mail
addresses listed in the Service List. | did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on February 11, 2016, at San Francisco, California.
Pia L. Wallace
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS.o ON Oo GT FF SW NY =
Yo NY HY NY NY NY NY NK YN & 2B Ba Ba sea a a a a
on OD a fF Ww NY |= SC G&G ON OW aH FF WOW YD | S&
SERVICE LIST
Phillip Garcia vs. Carrie Wilson, in her capacity as trustee of The Wilson Family
: __.Trust, et al.
Benjamin Martin, Esq. Plaintiff, Phillip Garcia
Law Offices of Benny Martin
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Telephone: 415-558-1760
Facsimile: 510-272-0711
E-Mail: knowyourrightsinsf@gmail.com
SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON
FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
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o ON Oo oOo kk WO ND = 10 Matthew K. Wisinski (SBN 195535) Dana L. Tom (SBN 263313) ELECTRONICALLY Katelyn M. Knight (SBN 264573) FILED MURCHISON & CUMMING, LLP Superior Court of Cantfornia, a Battery a pute —_ HH County of San Frencisco an Francisco, California 94 Telephone: (415) 524-4486 O1f27, 42037, (415) 524-4313 BY:SANDRA SCHIRO Facsimile: (415) 391-2058 Deputy Clerk E-Mail: — mwisinski@murchisonlaw.com dtom@murchisonlaw.com kknight@murchisonlaw.com Attorneys for Defendants, CARRIE WILSON in her capacity as Trustee of the WILSON FAMILY TRUST and SHAWN MARKHAM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, CASE NO. CGC-14-538560 Plaintiff, DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF OPPOSITION vs. TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, Date: February 8, 2017 SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m. and ANGELO WILSON, and DOES 1-20, Dept.: 501 Defendants. Action Filed: April 10, 2014 Trial Date: March 27, 2017 |, Katelyn M. Knight, declare and state: | am an attorney-at-law licensed to practice in the State of California and | am an associate with Murchison & Cumming LLP, counsel of record herein for Defendants. | am one of the attorneys at our firm responsible for handling the defense of this matter on behalf of Defendants, and, on this basis, and upon such other bases set forth below, | have personal knowledge of the matters set forth in this Declaration, except where stated on information and belief, and could and would competently testify to them under oath if called as a witness. 1 DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT1. Attached hereto as Exhibit A is a true and correct copy of the deed for the subject property showing the ownership of the Wilson Family Trust. 2. Attached hereto as Exhibit B are Carrie Wilson in her capacity as Trustee of the Wilson Family Trust's Responses to Plaintiff's Requests for Production of Documents. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 26th day of January, 2017, at San Francisco, California. Kh, | Povglt Katelyn M. Knight 2 DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINTEXHIBIT ANA ANNAN IAT . CERTIFIED COPY oan eon Oo Secerder's fice Bruce Jamizens County fee fo Manse ta Wes 24 et 749 Shee mer ho Sere ete Fuesdaey HN o/s 198% 10224240 rouse 167) Nayor Strect BO scour HL UEMIe 00 {San Vraneiseo, Cd 94117 yh Tolal- $7.00 Nbe-000E ae REEL Gu? MAGE os S title One Xn a. [ “8 SPACE ANOVE THIB-LINE FOr f a Decumeotary teanafer ton : see ": LF Computed on full vali of nroperty conn ot Same 7 (2 Gonpoted onytull vhite eka iets ata cucuinbeances core Baty a | FOR VALUE RECEIVED, Individual Grant Deed | : PRANKTE J. WILSON and CARRIE M, WILSON, his Wile, GRANT... io FRANKIE J. WTERON and CARRIE M, WILSON, Trustees under The RILSON FAMILY ‘TRUST all that eal property stluste inthe City and Covntyot San Francisco, + State af Culifocnia, desetibed as foltows: BEGINNING at a point on the si Street, distant thereon 131 te from the oasterly line of Cont thence easterly along said sou 25 feats thence at a right angle southerly 137 feet, 6 inches; thense at a right angio wosterly 25 feet; thonce at a right angio northerly 137 tact, 6 inches cathe Southerly Line of tayce Street and the point of beginning. outherly Line of Mayer at, 3 inches easterly rad Avenue: running therly Tine of Hayes Street BEING a portion of Western Addition Block No. 607, Block pw L ef 30 STATE OF CALIFORNIA Couny of Gan Pranctac: ed MEL: ory evidencesto ncaa wwiedged tome Hurt delphi yerccuted the sane in bitherttheiy awhorizeat 7 Topactngibhantibat yh her nario grc) : : i behalf of whieh the person acted, executed the instuoners enc curgeeuiennuomon ee oo rane i WOTARY PUBLIC EOA COUNTY, OALIFORNIA, My ceatenlaslon daptees fone 16, 1995 east mt NAN, TAX STATEMENTS AS OMECTEO ANOVE |EXHIBIT BMatthew K. Wisinski (SBN 195535) Dana L. Tom (SBN 263313) || Katelyn M. Knight (SBN 264573). MURCHISON & CUMMING, LLP 275 Battery Street, Suite 550 San Francisco, California 94111 Telephone: (415) 489-4798 Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisoniaw.com dtom@murchisonlaw.com kknight@murchisonlaw.com Attorneys for Defendant CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST SUPERIOR COURT OF TH E STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, Plaintiff, vs. CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, SHAUN MARKHAM, ERIKA MARKHAM, and ANGELO WILSON, and DOES 1-20, Defendants. DEMANDING PARTY: RESPONDING PARTY: CARRIE WILSON WILSON FAMILY SET NUMBER: ONE CASE NO. CGC-14-538560 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS Action Filed: Trial Date: April 10, 2014 None Set PLAINTIFF PHILLIP GARCIA in her capacity as trustee of THE TRUST COMES NOW defendant, CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, and submits her supplemental responses to plaintiff's First Set of Requests for Production as follows. SUPPLEMENTAL RESPONSES OF FAMILY TRUST TO PLAINTIFF'S CARRIE WIL: FIRST SET OF REQUEST FO! SON, in her capacity as trustee of THE WILSON PRODUCTION OF DOCUMENTSoo ON DOD a FF Ww nH =| 10 11 12 13 14 15 16 17 18 19 20 241 22 23 24 25 26 27 28 REQUEST NO. 1: __ Copy of each and every rent.check received by YOU in connection with Mr. Garcia's tenancy at the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Responding Party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not have any of the documents requested in its custody or control. Once a check has been cashed, that check then goes back to the originator, Responding Party did not maintain copies of these checks. REQUEST NO, 2: All DOCUMENTS showing the date each and every rent check in connection with Mr. Garcia's tenancy at the SUBJECT PREMISES was deposited into any bank account. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 2: Responding party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not maintain records of the deposit dates for checks. REQUEST NO. 3: All DOCUMENTS or COMMUNICATIONS between YOU and Shaun Markham in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 3: Responding Party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not have any of the documents requested in its custody or control, no such documents ever existed. REQUEST NO. 4: All DOCUMENTS or COMMUNICATIONS between YOU and Erika Markham in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT 2 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her Gapacit as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSco © ON ®O GO BRB WD A PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 4: Responding Party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not have any of the documents requested in its custody or control, no such documents ever existed. REQUEST NO, 5: All DOCUMENTS or COMMUNICATIONS between YOU and Angelo Wilson in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 5: Responding Party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not have any of the documents requested in its custody or control, no such documents ever existed. REQUEST NO. 6: All DOCUMENTS or COMMUNICATIONS between YOU and Michael Raifsnider in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 6: Responding Party is unable to comply with this request. A diligent search and a reasonable inquiry has been made in an effort to comply, but Responding Party does not have any of the documents requested in its custody or control, no such documents ever existed. REQUEST NO. 7: All DOCUMENTS or COMMUNICATIONS between YOU and Davis Realty in connection with the SUBJECT PREMISES, the renting or occupancy of any unit the SUBJECT PREMISES, the maintenance or management of SUBJECT PREMISES, or the selling of the 3 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSo oN Oo a FF Ww DH = YN NY MY YY NY YB KY NY |B BBA Ba Ba BB Ba AB AB on Oo a F&F Ww NY |= OD 6G OBA N DOD HT F O HD |= CO SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION.NO.7:. Responding Party has previously produced all of the documents responsive to this request in their possession, custody or control. REQUEST NO. 8: All DOCUMENTS evincing the date the SUBJECT PREMISES was listed for sale. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 8: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. REQUEST NO. 9: All DOCUMENTS evincing the date YOU decided to sell the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 9: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. REQUEST NO. 10: All DOCUMENTS referenced or relied upon in responding to Special Interrogatory No. 8. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 10: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. REQUEST NO. 11: All DOCUMENTS referenced or relied upon in responding to Special Interrogatory No. 17. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 11: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. Discovery is continuing and Responding Party 4 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSyw NM RY NY KY NY NY NY DW |= BF Aa Be Ba sa a a Aa a on oO GF ON = OC OG ODN DH BF WH BS DO oon Oa ek WD A reserves the right to supplement this response should new information come to light. REQUEST NO. 12: All COMMUNICATIONS between YOU and Angelo Wilson regarding preparing the SUBJECT PREMISES for sale. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 12: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. Discovery is continuing and Responding Party reserves the right to supplement this response should new information come to light. REQUEST NO. 13: Copies of each and every DOCUMENT or COMMUNICATION pertaining to Shaun Markham recording or filming other tenants at the SUBJECT PREMISES. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 13: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. Discovery is continuing and Responding Party reserves the right to supplement this response should new information come to light. REQUEST NO. 14: Copies of each and every DOCUMENT establishing or registering The Wilson Family Trust in each and every jurisdiction in which it is located, The Wilson Family Trust beneficiaries, and amendments thereto. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14: Responding Party is unable to comply with this request, a diligent search has been made and a reasonable inquiry, but Responding Party is unable to locate documents responsive to this request at this time. Responding Party believes that the trust documents were lost or misplaced when the family moved to Georgia. Discovery is continuing and Responding Party reserves the right to supplement this response should new information come to light. 5 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSoon oOarowrnr a Yo NBN MY DY NY DY NY NY ND B@ BS Ba BB BB aA a a on Oo a BF WH DY = OO oO BN DW aA Fk Ww HY =| COC REQUEST NO. 15: Copies of each and every DOCUMENT showing Carrie Wilson_is medically unable to attend a deposition within 75 miles of her home. SUPPLEMENTAL RESPONSE TO REQUEST FOR PRODUCTION NO. 15: Responding Party has provided Plaintiff's counsel a letter from Carrie Wilson's medical provider regarding her health,issues that make it inadvisable to travel long distances or to sit for long periods of time. DATED: February ||, 2016 MURCHISON & CUMMING, LLP By: ET OALNG i Matthew K. Wisifiski Dana L. Tom Katelyn M. Knight Attorneys for Defendant CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST 6 SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTSaf VERIFICATION STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO a have read the foragoing RESPONSES OF CARRIE WILSON, in her capaclty as trastes pof THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR {PRODUCTION OF DOCUMENTS, SUPPLEMENTAL and know its contents. i a 3] al s| i 8 i jam Trustes of Wilson Family Trust of The Viilson Farnily Trust, a party to this action, Rand am authonzed to make tis venfication for and on is behalf, and [make this varifieatior 7} for that ragsen, These responses ware assembled by aur caunsel of recard andl am informed and balleve that the responses are true and conmminie. BE Exocvied or 1/27 . 2015, at Lizella, Goorgia. tdectare under penally of cenqury uncer the laws of the State of Calfomia that the i 1 foregoing ig true and correctPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, | was over 18 years of age and not a party to this action. | am employed in the County of San Francisco, State of California. My business address is 275 Battery Street, Suite 850, San Francisco, California 94111. On February 11, 2016, | served true copies of the following document(s) described as SUPPLEMENTAL RESPONSES OF CARRIE WILSON, IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF Cee FOR PRODUCTION OF DOCUMENTS on the interested parties in this action as follows: SEE ATTACHED LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: | caused a copy of the document(s) to be sent from e-mail address pwallace@murchisonlaw.com to the persons at the e-mail addresses listed in the Service List. | did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 11, 2016, at San Francisco, California. Pia L. Wallace SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS.o ON Oo GT FF SW NY = Yo NY HY NY NY NY NY NK YN & 2B Ba Ba sea a a a a on OD a fF Ww NY |= SC G&G ON OW aH FF WOW YD | S& SERVICE LIST Phillip Garcia vs. Carrie Wilson, in her capacity as trustee of The Wilson Family : __.Trust, et al. Benjamin Martin, Esq. Plaintiff, Phillip Garcia Law Offices of Benny Martin 195 41st Street P.O. Box 11120 Oakland, CA 94611 Telephone: 415-558-1760 Facsimile: 510-272-0711 E-Mail: knowyourrightsinsf@gmail.com SUPPLEMENTAL RESPONSES OF CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS