Proof of Service: THE ESTATE OF DEAN LAU BACCIOCCO

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San Francisco Superior Courts
Information Technology Group

Document Scanning Lead Sheet
Jul-22-2003 11:35 am

Case Number: PES-02-282999
Filing Date: Jul-21-2003 11:34
Juke Box: 001 Image: 00742941
PROOF OF SERVICE BY MAIL

THE ESTATE OF DEAN LAU BACCIOCCO

001P00742941

Instructions:
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Robert I. Simon(SB#72671)

Attorney at Law

550 Montgomery St., Suite 550

San Francisco, CA 94111

Telephone: (415) 434-3608; Fax: (415) 781-6683

Attorney for Respondent Judith Bacciocco

Estate of
DEAN BACCIOCCO,

Deceased.

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Case No.: No. PES-02-282999

PROOF OF SERVICE

RE STATEMENT OF INTEREST AND
DECLARATION AND POINTS AND
AUTHORITIES IN OPPOSITION TO
PETITION TO ALLOCATE DEBTS

Date: August 12, 2003(cont. from July 16, 2003)|
Time: 9:00 a.m.
Dept: Probate, Room 204

San Francisco County Superior Court

JUL 2/2 2003
GORDON/PARK:LI, Clerk
By Deputy Glerk

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PROOF OF SERVICE RE STATEMENT OF INTEREST AND DECL. AND POINTS AND AUTHORITIES IN OPPOSITION TO PET. TO ALLOCATE0 ew N DW FF WN

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PROOF OF SERVICE BY MAIL
Code of Civil Procedure sections 1013a, 2015.5

I, the undersigned, declare:

Iam over the age of eighteen years, employed in the City and County of San Francisco, and not a
party to the within action; my business address is 550 Montgomery St., Suite 550, San Francisco, CA
94111.

On July 21, 2003, I served the attached

PROOF OF SERVICE RE STATEMENT OF INTEREST AND DECLARATION AND POINTS
AND AUTHORITIES IN OPPOSITION TO PETITION TO ALLOCATE DEBTS;

STATEMENT OF INTEREST OF JUDITH BACCIOCCO IN OPPOSITION TO PETITION TO
DETERMINE PERSONS ENTITLED TO DISTRIBUTION (Probate Code Section 11702);

DECLARATION OF RESPONDENT JUDITH BACCIOCCO IN OPPOSITION TO
PETITIONER ATHENA BACCIOCCO’S PETITION TO ALLOCATE RESPONSIBILITY FOR
DEBT’S PAYABLE TO ESTATE AND SURVIVING SPOUSE(Probate Code Section 11441);
POINTS AND AUTHORITIES OF RESPONDENT JUDITH BACCIOCCO IN OPPOSITION
TO PETITIONER ATHENA BACCIOCCO’S PETITION TO ALLOCATE RESPONSIBILITY
FOR DEBT"S PAYABLE TO ESTATE AND SURVIVING SPOUSE(Probate Code Section
1441)
on the parties in said action by placing a true copy thereof, enclosed in a sealed envelope with postage

thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows:

Contained on EXHIBIT A attached hereto

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct and that this Proof of Service is executed on July 21, 2003 at San Francisco, California.

Nides Bf

Robert I. Simon.

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Proof of ServiceEXHIBIT A

Jerome M. Garchik

Attorney at Law

703 Market St., Ste. 801
San Francisco, CA 94103

Debra Dolch c/o Nancy D. Rasch
Attorney at Law

825 Van Ness Ave., Suite 604
San Francisco, CA 94109

Richard L. Greene

Attorney at Law

Four Embarcadero Center, Suite 4000
San Francisco, CA 9111

Paula Jean Law
P.O. Box 2040
Sausalito, CA 94966

Athena Bacciocco
101 Windcrest Lane
South San Francisco, CA 94080

Ellina Teper
101 Windcrest Lane
South San Francisco, CA 94080

Wendy Morgan, Esq.

Greene, Radovsky, Moloney & Share
Four Embarcadero Center, Suite 4000
San Francisco, CA 9111

Jeffrey E. Ehlenbach, Esq.
76 San Pablo Ave., Suite 220
San Rafael, CA 94903

State of California, Franchise Tax Board
ATTN: Don Adams

P.O. Box 2952, G-10

Sacramento, CA 95812-2952

Robert J. Rothman, Esq.
601 California St., 16 Floor
San Francisco, CA 94108ENDORSED

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' Altomey t Eve eo San Francieco County Superior Court
2 || 550 Montgomery St., Suite
Se at ee 1) 786 Orpen
Te : = 3 : -
3 |) Telephone: (415) ax: (415) GORDON PARK-LI, Clerk
4 || Attorney for Judith Bacciocco . — S
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 |] Estate of } Case No.: No. PES-02-282999
12 DEAN BACCIOCCO, ) STATEMENT OF INTEREST OF JUDITH
} BACCIOCCO IN OPPOSITION TO
13 PETITION TO DETERMINE PERSONS
} ENTITLED TO DISTRIBUTION
14 } (Probate Code§ 11702)
15 Deceased. } Date: July 16, 2003
Time: 9:00 a.m.
16 Dept: Probate, Room 204
17
I, JUDITH BACCIOCCO, hereby present, pursuant to Probate Code Section 11702, a written
18
statement of my interest in the above-entitled estate in opposition to the petition to determine
19 :
distribution rights filed by ATHENA BACCIOCCO, by and through ELLINA TEPER, her mother and
20 :
Guardian Ad Litem, and declare as follows:
21
» 1. Iwas bor in San Francisco, California on September 12, 1970 and was the wife of DEAN
3 BACCIOCCO, deceased, and as such, I am the heir of DEAN BACCIOCCO, the above-named
4 decedent. The decedent and I were living separate and apart at the time of his death.
2 2. To the best of my knowledge ATHENA BACCIOCCO and I are the only heirs of the above-
5
%6 named decedent.
7 3. The grounds set forth by Petitioner in support of her entitlement to 100 per cent of the assets of
2g the estate are incorrect as follows:

STATEMENT OF INTEREST OF JUDITH BACCIOCCO.-

A. To date no Inventory and Appraisal has been filed has been filed herein and I can not

2 state to what extent the estate consists of separate property and community property.

3 B. At and about the time of decedent’s death, decedent and I had not agreed to a division of

4 property confirming the property of DEAN BACCIOCCO as his separate and sole

5 property , and providing that JUDITH BACCIOCCO renounced any claim to any such

6 property or employee benefits.

7 C. Inever attempted to murder my husband DEAN BACCIOCCO. Family Code Section

8 782.5 requires a conviction for attempted murder. In the San Francisco Superior Court

9 Action alleged by Petitioner, I was charged with 3 misdemeanors(i.e. P.C. 243(€)(1), P.C.
10 594(a)(4) and P.C. 273.6). I pleaded no contest P.C. 594(a), a misdemeanor and the other
11 charges were dismissed. A true and correct copy of the misdemeanor docket for San
12 Francisco Superior Court Action No. 1831949 is attached hereto as EXHIBIT A.
13
14 4. With regards to the Estate Assets listed by Petitioner:
15 (a) I am informed and believe and thereon allege that Dean Bacciocco’s share of
16 Bacciocco Enterprises is an asset of the estate and should be distributed in
17 accordance with California law.
18 (b) The San Francisco Retirement Account of Dean Bacciocco is not an asset of the
19 estate. It is payable to the undersigned as the designated beneficiary. It has not
20 yet been paid due to the claims of Petitioner. A true and correct copy of the
21 Membership/Beneficiary Designation is attached hereto as EXHIBIT B.
22 (c) The Death Benefit of the Widows’ and Orphans’ Aid Association of the Police
23 Department of San Francisco, CA is not an asset of the estate and has already
24 been paid to the undersigned.
25 (d) The proceeds of CIGNA Group Life Insurance Policy, administered by the San
26 Francisco Police Officers’ Association are not an asset of the estate and have
27 already been distributed to the undersigned, the appropriate beneficiary.
28

STATEMENT OF INTEREST OF JUDITH BACCIOCCO(e) The rest, residue and remainder of the Estate of Dean Bacciocco should be

distributed in accordance with California law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and correct.

Dated: 2/2 /: 3%

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STATEMENT OF INTEREST OF JUDITH BACCIOCCOSTATE OF CALIFORNIA

MIB 1-26 COURT NO. 1a
ACTION NUMBER, cHaARoE Bo:

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