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Sheila K. Robello (SBN 209300) ELECTRONICALLY
Richard R. Shu (SBN 297074) FILED
Solan, Park & Robello Superior Court of Calffornia,
354 Pine Street, 5" Floor County of San Francisco
San Francisco, California 94109 02/14/2017
Telephone: (415) 777-3300 Clerk of the Court
Facsimile: (415) 777-3301 BY:AISHA NELSON
Deputy Clerk
Attorneys for Petitioner
Leo F. Bautista, Successor Trustee DEPARTMENT : 204
Hearing : 03/21/2017 9:00 am
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In Re Case No.: PTR-12-296124
San Lee and Mui Chow Lee SECOND REPORT AND ACCOUNT OF
Revocable Trust dated TRUSTEE; PETITION FOR ITS
March 24, 1995, as amended SETTLEMENT AND APPROVAL; FOR
December 22, 2004 APPROVAL OF TRUSTEE AND
ATTORNEYS’ FEES AND
REIMBURSEMENT OF COSTS
ADVANCED
9:
Dept.: 204
Petitioner Leo Bautista, Successor Trustee of the San Lee and Mui Chow Lee Revocable
Trust dated March 24, 1995, as amended, respectfully submits his Second Report and Account of
Trustee; Petition for its Settlement and Approval; for Approval of Trustee and Attorneys’ Fees
and Reimbursement of Costs Advanced. In support, Petitioner alleges as follows:
1. Period of Report. Petitioner’s second report and account of trustee covers the
period October 9, 2014 through October 8, 2016.
1
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCED2. History of Proceedings. San Lee and Mui Chow Lee, husband and wife,
executed the San Lee and Mui Chow Lee Revocable trust on March 24, 1995. The Trust was
subsequently amended five times with the last amendment revoking the four prior amendments
and setting forth new provisions.
3. San Lee died on October 4, 1996. Mui Chow Lee died on November 25, 2009.
The settlors’ niece Crystal Chow was named as the successor trustee of the Trust and served in
that role from January 2010 until her resignation effective February 29, 2012. The second
named successor trustee, Jeanette Lau St. Onge, neither declined to serve nor take the role of
successor trustee thereby causing a vacancy in the office of trustee.
4, Subsequently, after more than eight months from the date Ms. Chow resigned,
Petitioner petitioned this court to assume the role of successor trustee. On December 13, 2013,
by order of this court, Petitioner was appointed successor trustee of the Trust. At all times since,
Petitioner has been and is currently the successor trustee of the Trust.
5. Summary of Account, During the period of this account, Petitioner managed
and administered the Trust estate frugally and without waste, and rendered services to the Trust
in connection with such management and administration as set forth in this account. Petitioner
acted in his capacity as trustee of the Trust in the best interests of the Trust beneficiary and the
Trust and in compliance with the law.
6. All cash belonging to the estate during the period of the account was invested and
maintained in interest bearing accounts or in investments authorized by law.
7. Petitioner is chargeable with and is entitled to the credits as set forth in the
following summary of account. The supporting schedules are attached hereto and made a part
hereof.
2
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDSUMMARY OF ACCOUNT
(October 9, 2014 through October 8, 2016)
CHARGES
Assets on Hand at Beginning of Period per I&A $ 557,505.63
Cash Receipts (Schedule A): $ 1,976.44
Gains on Sales (Schedule B): $ 0.00
TOTAL CHARGES: $ 559,482.07
CREDITS
Cash Disbursements (Schedule C): $ 63,580.39
Losses on Sales or Other Dispositions (Sch. D): $ 0.00
Assets on Hand at End of Period (Sch. E) $_ 495,901.68
TOTAL CREDITS: $ 559,482.07
8. Bond. In the order dated December 13, 2012, the trustee’s bond was waived.
9. Request for Payment of Trustee’s Fees. During the period of this account,
Petitioner rendered services to the Trust. Petitioner will submit is request for fees and supporting
time sheets in a further amendment.
10. Request for Payment of Attorneys’ Fees.
During the period of this report, and in the course of the management and administration
of the Trust, it was necessary for Petitioner to retain the services of Solan, Park & Robello as his
attorneys, Attached hereto as Exhibit A, and incorporated herein by reference for all purposes,
is an itemized description of legal services rendered by Petitioner’s counsel in representation of
Petitioner as trustee, setting forth the date, subject matter and time expended.
11. By endorsement made below, the attorney represents that the reasonable
value of the services set forth in Exhibit A is $4,871.00 being 4.5 hours at the Sheila Robello’s
2016 rate of $375 per hour; 0.30 at the Sheila Robello’s 2014-2015 rate of $350 per hour; 0.20
3
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDa DA WD Bw
hours at G. Kevin Lachona’s 2015 rate of $285 per hour; 4.5 hours at Richard Shu’s 2016 rate of
$235 per hour; 1.60 hours at the paralegal rate of $160 per hour, and 12.20 hours at the paralegal
rate of $140 per hour.
12. During the course of this report period, Solan, Park & Robello utilized the
services of Ericka M. Dawe and Collen Dugan as paralegals. Richard Shu, a licensed attorney,
was billed at the paralegal rate for some services during this period. Ms. Dawe and Ms. Dugan
meet the paralegal requirements of Business & Professions Code § 6450. It was appropriate that
their services were utilized for the activities outlined on Exhibit A as the time spent on these
tasks was billed at the paralegal rate, rather than the associate rate, representing a savings to the
trust estate, The total amount of time spent by the partner who supervises the case and the
paralegal does not exceed the amount of time that would have been spent had the tasks been
done solely by the partner.
13. Solan, Park & Robello also requests reimbursement of costs advanced in the
amount of $13.13. As such, Solan, Park & Robello respectfully requests compensation for
professional services rendered and reimbursement of costs advanced in the total amount of
$4,884.13.
14. Status of Real Property Repairs.
On August 27, 2014 this Court granted an order authorizing Petitioner to rebuild and sell
the trust property located 134 Athens Street, San Francisco, CA 94112. The rebuild is still in
progress but has been impeded by several lengthy delays.
There have been numerous delays in this rebuild process. First, after an application was
submitted to the City of San Francisco for the rebuild of 134 Athens, it took the City of San
Francisco 6 months to assign a city planner to the project. Then, after a city planner was
4
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDoN DAD HW BF WwW LY
assigned, there were numerous discussions and correspondences between the architect and the
city planner regarding the rebuild proposal. After finalizing the plans with the city planner,
Neighborhood Notification was required to provide surrounding property owners and occupants
to voice concerns over the nature of the proposal and request a public hearing before the
Planning Commission.
The Neighborhood Notification was met with an objection by a neighbor which, after
several months of delay and a hearing before the San Francisco Planning Commission, was
finally approved by the unanimous decision of the Planning Commission.
Finally, in early 2016, a “Site Permit” was obtained and submitted for the building permit
portion of the application. However, the project stalled again when it encountered another hurdle,
from the City’s structural plans examiner regarding the structural feasibility and safety of the
building. The structural engineer working on the rebuild has been in frequent communication
with the structural examiner; there has been several rounds of review by the examiner, yet after
each review the structural engineer has made the appropriate changes as requested by the
structural examiner. The structural engineer’s opinion is that the examiner’s concerns are
misplaced and it is doubtful that the project is requires the oversight that a much more
complicated rebuilding project would need. A letter from the structural engineer with additional
details is attached as Exhibit B.
15. Property Insurance. Farmers Insurance is the property insurance company for
the trust real property. The insurance policy outlined a time limit of 365 days to claim the total
amount of the replacement cost of the repairs. The time limit began, which was January 11,
2013. Since then, due to many unforeseen delays outside of Petitioner’s control, Petitioner has
worked closely with Farmers Insurance to extend the policy time limit. Since January 11, 2014,
5
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDwe
com ND
Petitioner was able to obtain several extensions, the last of which expires on February 26, 2017.
On February 6, 2017, Farmers insurance notified Petitioner that they will no longer be granting
any further extensions. The remaining unclaimed amounts under the policy totals about
$23,000.00. Petitioner is currently trying to resolve this issue with Farmers Insurance.
16. Placement of Lien on Real Property. Petitioner acknowledges that the majority
of the funds on hand in the trust as of the end of this account period are needed to cover the costs
of rebuilding the property and preparation for its sale. As such, Petitioner requests that the Court
authorize him to place a lien on the trust real property, at an interest rate of five percent (5%), for
his trustee’s fees, to be paid on the sale of the trust real property located at 134 Athens Street,
San Francisco, California.
17. Petitioner also requests authority for his counsel Solan, Park and Robello, to place
alien on the trust real property located at 134 Athens Street, San Francisco, California for the
attorneys’ fees and costs in the amount of $4,884.13, at an interest rate of five percent per
annum, to be paid on the sale of the trust real property located at 134 Athens Street, San
Francisco.
18. The legal description of the trust property located at 134 Athens Street, San
Francisco, is as follows:
COMMENCING at a point on the northwesterly line of Athens
Street, distant thereon 200 feet southwesterly from the
southwesterly line of Peru Street; running thence southwesterly
along said line of Athens Street 25 feet; thence at a right angle
northwesterly 100 feet; thence at a right angle northeasterly 25
feet; and thence at a right angle southwesterly 100 feet to the point
of commencement.
BEING part of Block 67, EXCELSIOR HOMESTEAD
ASSOCIATION.
6
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDAPN: 5959-006
19. No Affiliate Relation. During the period of the account, there was no
relationship or affiliation between Petitioner and any agent hired by Petitioner during the
accounting.
20. Trust Beneficiaries. The names, ages and addresses of the beneficiaries of the
Trust as known to the Petitioner are:
Brian Leland Chow Adult 25 Essex St. #609
San Francisco, CA 94105
Fiona Chow Adult 9961 Waxberry Court
Las Vegas, NV 89178
Justin Chow Adult 9961 Waxberry Court
Las Vegas, NV 89178
Crystal Chow Adult 125 Olmstead Street,
San Francisco, CA 94134
Jeannette Lau St. Onge Adult 1893 Sweetwood Drive
Daly City, CA 94015
21. Request for Special Notice. No request for special notice has been filed. Notice
of this hearing will be provided as required by law.
22. Notices Not Required: The Settlor was not confined in a state hospital in
California during the pendency of this proceeding, and no notice is required to the Director of
Health Services under Probate Code § 1461. The Trust does not include property acquired
wholly or in part from money from the Veteran’s Administration, and no notice is required to the
Veteran’s Administration.
WHEREFORE, Petitioner prays for an Order of this Court that:
1. That no further notice of this report, account and petition be required;
7
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCED2. Settling and allowing successor trustee Leo Bautista’s second report, account and
petition;
3. Approving and confirming all reported acts of Leo Bautista, as successor trustee
of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995 as amended;
4, Approving Leo Bautista’s trustee’s fees in the amount to be provided in a further
amendment, for services rendered as successor trustee of the San Lee and Mui Chow Lee
Revocable Trust dated March 24, 1995, as amended;
5. Approving and authorizing Leo Bautista’s trustee’s attorneys’ fees in the amount
of $4,871.00, for legal services rendered to trustee by Solan, Park & Robello;
6. Approving and authorizing the sum of $13.13 to be reimbursed to by Solan, Park
& Robello for costs advanced on behalf of Leo Bautista, as trustee,; and
7. Authorizing Leo Bautista and Solan, Park & Robello to place a lien on trust real
property located at 134 Athens Street, San Francisco, California, for the trustee’s fees in an
amount, which will be provided in a further amendment, and the attorneys’ fees of $4,884.13,
and both liens are to accrue interest at a rate of five percent (5%) per annum. The trust real
property located at 134 Athens Street, San Francisco, California is more particularly described
as:
COMMENCING at a point on the northwesterly line of Athens
Street, distant thereon 200 feet southwesterly from the
southwesterly line of Peru Street; running thence southwesterly
along said line of Athens Street 25 feet; thence at a right angle
northwesterly 100 feet; thence at a right angle northeasterly 25
feet; and thence at a right angle southwesterly 100 feet to the point
of commencement.
BEING part of Block 67, EXCELSIOR HOMESTEAD
ASSOCIATION.
8
SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS SETTLEMENT AND APPROVAL; FOR APPROVAL OF
TRUSTEE AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCEDtw
APN: 5959-006
8. For such other or further orders as the Court may deem proper.
cd,
Respectfully Submitt
a
2-/O-/ /
Dated:
x NN. PARK & ROBE
hon oy Wn
Dated: 2/0/90 Riuciaen 2. CHY
Leo Bautista
Sieite-K—Rebelto, Atidmeys for Trustee
SECOND REPORT AND ACCOUNT OF TRUSTEE:
SETTLEME
AND REIMBURSEMENT OF COSTS ADVANCED.
AND APPROVAL: FOR APPROVA\
LotVERIFICATION
I, Leo F. Bautista, am the Successor Trustee of the San Lee and Mui Chow Lee
Revocable Trust dated March 24, 1995, as amended, and am the petitioner herein. | have read the
foregoing SECOND REPORT AND ACCOUNT OF TRUSTEE; PETITION FOR ITS
SETTLEMENT
D APPROVAL; FOR APPROVAL OF TRUSTEE AND
ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCED and know its
contents, The matters stated therein are true of my own knowledge, save and except those
matters stated on information and believe and, as to those matters, [ believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is ue and correct.
Executed this “@ day of February, 2017, at Bbbe _, California.
SECOND REPORT AND ACCOUNT OF TRUS
PRUSTEE AND ATTORNE
PLEMENT AND APPROVAL; FOR APPROVAL OF
EMENT OF COSTS ADVANCEDSAN LEE And MUL E TRUST u/d/t March 24th 1985-
SECONDACCOUNTING
October 09,2014 to October 08,2016
Summary of Charges and Credits
CHARGES
Property on Hand at Beginning of Period $ 557,505.63
Schedule A - Receipts $ 1,976.44
Schedule B - Gains $ -
Trustee is Charged With: $
CREDITS
Schedule C- Disbursements $ 63,580.39
Schedule D - Losses $ -
Schedule E - Property on Hand at End of Period $ 495,901.68
Trustee is Credited With: “$_559,482.07_
SUPPLEMENTAL SCHEDULES
Schedule F - Liabilities
Schedule G - Change in Assets
Schedule H - Bank Reconciliation
summary
Page 1 of 12AN LEE And MUI CHOW LEE TRUST u/d/t Mar
SECONDACCOUNTING
-_Casei PTR-
October 09,2014 to October 08,2016
P Hand at Beginning of Period
Beginning Beginning
Property Account Balance at Balance at
Description Number Carry Value FMV
Cash and Cash Equivalents
Bank of America checking account XXXK-XKXX-B916, 27,270.15 $ 27,270.15
Bank of America CD account XXK-AXK-KXXX-4827 80,235.48 $ 80,235.48
Total Cash and Cash Equivalents 107,505.63 $ 107,505.63
Non-Cash Assets
Real Estate Property
134 Athens St San Francisco, CA 94112 APN 5959 006 450,000.00 $ 450,000.00
Total Non-Cash Assets 450,000.00 $ 450,000.00
TOTAL PROPERTY ON HAND AT BEGINNING 557,505.63 $557,505.63
Beginning Balance
Page 2 of 12SAN LEE And MUI CHOW LEE TRUST u/d/t March 24th 1985-_ Case# PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
Schedule A - Receipts
Payor/Description Date Amount Total
Bank of America Checking Accountxxxx-xxxx-8916
Other Receipts
Funds received from the Lee Mosley Trust 4/7/2015 $ 380.00
City and County of San Francisco- secured tax
refund 8/18/2015 $ 1,391.80
Farmers Insurance -policy reduction refund 9/28/2015 $ 133.13
Farmers Insurance Refund disbursement 9/19/2016 _$ 12.32
$1,917.25 $1,917.25
Bank of America CD account xxx-xxx-xxxx-4827
Interest - from 11/1/2014 to 10/5/16 $ 59.19
$ 59.19 $ 59,19
TOTAL RECEIPTS
Schedule A
Receipts
Page 3 of 12SAN LEE And MUI CHOW LEE TRUST u/d/t March 24th 1985-_Casei# PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
Schedule B - Gains
Date of Number
Sale of Shares Description Basis Proceeds Gain
none
TOTAL GAIN $ =
SCHEDULE B
Gains Page 4 of 12SAN LEE And MUI CHi March 24th 1985- Case# - 96124
SECONDACCOUNTING
October 09,2014 to October 08,2016
Schedule C - Disbursements
Payee/Description Date Check # Amount Total
Fees of fiduciary and attorney
Solan, Park & Robello, LLP - fees for ist
accounting pursuant court order dtd
5/14/15 5/19/2015 1072 $ 7,538.00
Leo F Bautista - fees for 1st accounting
pursuant court order dtd 5/14/15 5/19/2015 1074 $ 9,531.25
$17,069.25
Total Fees of fiduciary and attorney $ 17,069.25
General Administrative Expenses
Philips Bonding Services 5/6/2015 1069 $ 492.00
Philips Bonding Services 3/10/2016 1099 $ 492.00
Solan, Park & Robello, LLP - court
ordered cost advance pursuant court
order dtd 5/14/15 5/19/2015 1073 $ 1,034.31
Solan, Park & Robello, LLP - copies,
court filing fees, stamps, copies of cert
orders, pick up services and other misc. 11/2/2015 1087 $ 808.07
Harry Bergland ,CPA(1096/1099-2015 3/10/2016 1094 $ 55.00
$ 2,881.38
Total General Administrative Expenses $ 2,881.38
Other Expenses
Fedex - delivery services - 1st acctg
documents to attorney for court filing 11/3/2014 1059 $ 32.64
$ 32.64
Total Other Expenses $ 32.64
Real Estate Property - 134 Athens St San Francisco CA 94112
Home Insurance
Farmers Home Insurance 10/8/2014 1054 $ 573.79
9/8/2015 1082 $ 706.92
8/10/2016 1109 $ 156.79
8/24/2016 1110 $ 454.32
$ 1,891.82
Property taxes
San Francisco Tax collector - Secured(
1st installment 2014-2015) 10/22/2015 1057 $ 3,013.09
San Francisco Tax collector - Secured(
2nd installment 2014-2015) 10/22/2015 1058 $ 3,013.09
SCHEDULE C
Disbursements Page 5 of 12San Francisco Tax collector - Secured(
1st installment 2015-2016) 10/22/2015 1085 $ 3,093.95
San Francisco Tax collector - Secured(
2nd installment 2015-2016) 10/22/2015 1086 $ 3,093.95
$12,214.08
Alex Korn , AIA - Architect fees 7/23/2015 1080 $ 1,330.00
Catamount Design 12/17/2015 1090 $ 3,584.25
(for permits, pre/post issues fee, 2/29/2016 1095 $ 10,054.29
services fees ) 2/29/2016 1096 $ 4,432.62
2/29/2016 1097 $ 104.50
7/8/2016 1107 $ 257.77
$ 19,763.43
Swenson Say Faget - Engineering Services fees
1/7/2016 = 1091 $ 400.00
9/10/2016 1112 $ 3,560.67
$ 3,960.67
Adept construction Solutions - Geotechnical services
(retainer fees) 6/1/2016 1103 $ 1,800.00
6/14/2016 1104 $ 3,000.00
$ 4,800.00
Yard Maintenance
Jenner at your Services 10/14/2014 1056 $ 200.00
Jenner at your Services 3/16/2015 1066 $ 50.00
Jenner at your Services 5/15/2015 1070 $ 100.00
Jenner at your Services 6/18/2015 1076 $ 30.00
Jenner at your Services 7/17/2015 1078 $ 50.00
Diaz Brothers 6/22/2016 1106 $ 300.00
$ 730.00
National Construction Rental -
Security Fence monthly feeandrental 9/19/2914 1085 $ 912
11/10/2014 1060 $ 9.12
12/8/2014 1061 $ 9.12
1/7/2015 1062 $ 9.12
3/3/2015 1065 $ 9.12
3/10/2015 1063 $ 9.12
3/30/2015 1067 $ 9.12
4/27/2015 1068 $ 9.12
5/22/2015 1075 $ 9.12
6/22/2015 1077 $ 9.12
7/20/2015 1079 $ 9.12
8/17/2015 1081 $ 9.12
9/9/2015 1083 $ 9.12
10/12/2015 1084 $ 9.12
11/12/2015 1088 $ 9.42
12/9/2015 1089 $ 9.12
1/6/2016 1092 $ 9.12
2/5/2016 1093 $ 9.12
3/4/2016 1098 $ 9.12
4/4/2016 1100 $ 9.12
4/25/2016 1101 $ 9.12
5/24/2016 1102 $ 9.12
SCHEDULE C
Disbursements Page 6 of 126/20/2016 1105
7/8/2016 1108
8/17/2016 1110
9/10/2016 1113
Total Expenses 134 Athens St San Francisco CA 94112 -
TOTAL DISBURSEMENTS
SCHEDULE C
Disbursements
9.12
9.12
9.12
9.12
237.12
$ 43,597.12
$63,580.39
Page 7 of 12SAN LEE And MUI CHOW LEE TRUST u. March 24t! -_ Case# PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
Schedule D - Losses
Date of Number
Sale of Shares Description Basis Proceeds Loss
none
TOTAL LOSS $ =
SCHEDULE D
Losses Page 8 of 12SAN LE! M HOW LEE TRUST u/d. 24th
SECONDACCOUNTING
October 09,2014 to October 08,2016
85-_ Case# PTR-12-) 4
SCHEDULE E - Property on Hand at End of Period
Ending Ending
Property Account Balance at Balance at
Description Number Carry Value EMV
Cash and Cash Equivalents
Bank of America checking account * XOOK-KHX-BIL6S 607.01 $ 607.01
Bank of America CD account * HKKKKN-4B27 $45,294.67 $45,294.67
Total Cash and Cash Equivalents $ 45,901.68 $ 45,901.68
Non-Cash Assets
Real Estate Property
134 Athens St San Francisco , CA 94112 APN5959006 _$ 450,000.00. _$ 325,000.00
Total Non-Cash Assets $ 450,000.00 ~$ 325,000.00
‘TOTAL PROPERTY ON HAND AT END 5__ 495,901.68 _$§ 370,901.68
* see bank reconciliation
SCHEDULE E
Ending Balance
Page 9 of 12SAN LEE And MUI CHOW LEE TRUST u/d/t March 24th 1985- Case# PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
Date issued Check number Description Amount Status
none
SCHEDULE F
Liabilities Page 10 of 12SAN LEE And MUI CHOW LEE TRUST u/d/t March 24th 1985-_Case# PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
SCHEDULE H- Bank R iliati
Bank of America checking account ending 8916
Balance of statement dated 11/4/16
10/25/16 check # 1114 cleared
10/26/16- fee charges
11/01/16 - fee charges
11/3/16 - deposit transfer from cd acct
11/4/16 check #1115 cleared
11/4/16 fee refund credit
Ending balance as of 10/8/16
Bank Reconciliation
9,331.21
6,266.68
35.00
35.00
(15,000.00)
9.12
70.00
607.01
ALA RAAAAA
Page 11 of 12SAI W LEE TRUST u/d/t March 24th 1985- PTR-12-296124
SECONDACCOUNTING
October 09,2014 to October 08,2016
SCHEDULE G - Change In Assets
Date Beginning Asset Ending Asset Amount
Transfer from Bank of America. cit into Bank of America
8/18/2015 CD Account # xxx-xxx-xxxx- po OE $ 10,000.00
dae checking acct # xx00%-xxxx-B916
‘Transfer from Bank of America : :
1/6/2016 CD Account # 3xx-15%-2900- Deposit into Bank of America = ¢ 19,900.00
aay checking acct # x90«x-xxxx-8916
‘Transfer from Bank of America as
2/23/2016 CD Account 4 xxx-xxx-3xxx- Deposit into Bank of America $ 15,000.00
1827 checking acct # xxxx-xxxx-B916
SCHEDULE G
Change in Assets
Page 12 of 12SOLAN, PARK & ROBELLO
354 Pine Street, 5th Fl
San Francisco, CA 94104
415/777-3300
ol
Leo F. Bautista
2213 GRANT STREET
UNIT B
BERKELEY, CA 94703
February 10, 2017 Tax ID # 94-3127522
In Reference To: Chow Lee Trust
Case No.
Invoice # 17601
Professional Services
Hours Amount
9/30/2014 SKR_ Email client re plans with city and held up on approval, review status 0.20
and need for accounting
10/16/2014 SKR_ Email to client re building permit, review response and analysis re 0.40
legal intervention, accounting
10/17/2014 SKR_ Te with client re appraisal, several emails re accounting 0.50
41/4/2014 ED receive and review accounting from trustee and statements; need 0.20
timesheets
41/18/2014 ED _ review accounting and prepare report; email client to request time 1,10
sheets and electronic version of accounting; continue drafting first
report - narrative re fire and re-building of property
41/19/2014 ED __ reply to client email and call with client re accounting needed 1.60
formatting changes/edits; receive and review lengthy (50 pages)
timesheets from client; continue report; add trustee fee request and
narrative explaining trustee's work re-building property; review and edit
attorney fee exhibit; review ending statements sent by client and
compare to ending values on schedule E of account
41/20/2014 ED _ make edits/revisions to attorney time exhibit for report, add attorney 1.10
fee and cost request to report; add paragraph requesting payment of
half fees and placement of lien on real property; add legal description
of property; finalize draft of report for SKR review
1214/2014 ED edits to report to bring draft to final and send to SKR for review 0.20
12/9/2014 ED _ make revisions to report per SKR 0.20
EXHIBIT
iALeo F. Bautista
12/9/2014 SKR
12/10/2014 ED
12/12/2014 ED
ED
12/15/2014 ED
SKR
12/16/2014 ED
1/21/2015 SKR
2/18/2015 ED
2/19/2015 ED
3/5/2015 ED
3/6/2015 ED
3/12/2015 ED
3/13/2015 ED
3/16/2015 SKR
3/17/2015 ED
3/24/2015 ED
4/6/2015 ED
4/7/2015 ED
Review and revisions of report and accounting
final edits to report and send to client for review, make revisions/edits
to report per client and send editted report back to client; call with
client re narrative of trustee experience in support of fee request;
further edits re same and return to client
re-send corrected report to client for review/signature
Call w/client re wording of line in prayer
bring report, account and petition to final with lengthy client fee
timesheets
Several emails with client
check record of actions for hearing date on first report and account;
calendar same and service deadlines and email client to notify of date
Received and reviewed email from client regarding suit being filed for
$151k by neighbor arising from initial fire, review of issues with SOL
and insurance coverage, several emails with client
Draft notice of hearing and prep petition for service
Review of original statements and appraisal
review of accounting and order appointing trustee re $200 transfer of
assets from former trustee to client in order to explain in report
prepare cover sheet and declaration re retention of original statement
draft supplement to report re accounting showing $200 on hand as of
beginning of period; prepare original statements and declaration of
SKR re retention;
draft proposed order re account and report
Email from client re claims for damages from neighbor and possible
resolutions, email re update or rebuild
prepare courtesy copies of e-filed docs for examiners
Review of tentative rulings and email client re continuance due to
shortage of examiners; calendar continued hearing date
review of tentative rulings re tomorrow's hearing; receive and review
examiners notes
continue working on amendment to account and report; draft
supplement in response to examiners notes; draft ex parte application
to set bond; emails to/from examiner re same; emails to/from and calls
1.50
Page 2
Amount
NO CHARGELeo F. Bautista
4/8/2015 ED
SKR
4/9/2015 ED
4/10/2015 ED
4/13/2015 SKR
ED
4/14/2015 RRS
ED
4/16/2015 ED
4/17/2015 SKR
4/23/2015 ED
5/6/2015 RRS
GKL
5/12/2015 SKR
§/22/2015 CJD
6/10/2015 RRS
7/14/2015 RRS
11/17/2015 GKL
3/17/2016 SKR
with client re real property value shown on accounting versus value on
appraisal
edits to amendment per SKR; send all to client with instructions; email
to examiner Kneis request for futher continuance to allow time to serve
amendment; further edits per client and re-send
Two calls with client, review supplemental amendment and make
revisions
Receive and review client amendment to accounting re real property
value; print same; finalize amendment and supplement; draft notice of
hearing re ex parte re bond increase and prepare for service; go over
instructions for drafting ex parte order setting bond
draft notice of hearing re 1st amendment and serve same
Review of supplement
Rejected supplement and amendment on e-file; edit to same and re-file
draft order to set trustee's bond for $108,000.
edit ex parte order re increase in bond
rir email from examiner Kniess re not receiving ex parte order re bond;
email same to him
Email client re extension of hearing
receive and review order setting bond; forward to client and bonding
agent to provide
review examiners notes, and add info to proposed order in order to
comply with the court's requests.
review and revise proposed order
Email to/from client
Prep certified order with lien for recording and send
email from client re: previous court order; review file and send client
requested order
Email to client re: certified order of first account and report
short meeting with beneficiary Brian Chow re status of sale of home
email from client
Hours
0.70
0.60
0.50
0.40
0.10
0.10
0.40
0.10
0.10
0.20
0.10
0.50
0.10
0.10
0.20
0.30
0.20
0.10
0.10
Page 3
Amount
NO CHARGESOLAN, PARK & ROBELLO
354 Pine Street, 5th FI
San Francisco, CA 94104
415/777-3300
—SS Sooo
Leo F, Bautista
2213 GRANT STREET
UNITB
BERKELEY, CA 94703
February 10, 2017
In Reference To:
Invoice # 17602
Tax ID # 94-3127522
Chow Lee Trust
Case No.
Professional Services
9/30/2014 SKR
10/16/2014 SKR
10/17/2014 SKR
11/4/2014 ED
11/18/2014 ED
11/19/2014 ED
11/20/2014 ED
12/4/2014 ED
12/9/2014 ED
Email client re plans with city and held up on approval, review status
and need for accounting
Email to client re building permit, review response and analysis re
legal intervention, accounting
Tc with client re appraisal, several emails re accounting
receive and review accounting from trustee and statements; need
timesheets
review accounting and prepare report; email client to request time
sheets and electronic version of accounting; continue drafting first
report - narrative re fire and re-building of property
reply to client email and call with client re accounting needed
formatting changes/edits; receive and review lengthy (50 pages)
timesheets from client; continue report; add trustee fee request and
narrative explaining trustee's work re-building property; review and edit
attorney fee exhibit; review ending statements sent by client and
compare to ending values on schedule E of account
make edits/revisions to attorney time exhibit for report, add attorney
fee and cost request to report; add paragraph requesting payment of
half fees and placement of lien on real property; add legal description
of property; finalize draft of report for SKR review
edits to report to bring draft to final and send to SKR for review
make revisions to report per SKR
1.60
0.20
0.20
——AmountLeo F. Bautista Page 2
Hours Amount
12/9/2014 SKR Review and revisions of report and accounting 0.40
12/10/2014 ED _ final edits to report and send to client for review; make revisions/edits 1.00
to report per client and send editted report back to client; call with
client re narrative of trustee experience in support of fee request;
further edits re same and return to client
42/12/2014 ED re-send corrected report to client for review/signature 0.10 NO CHARGE
ED Call w/client re wording of line in prayer 0.10
42/15/2014 ED _ bring report, account and petition to final with lengthy client fee 0.50
timesheets
SKR_ Several emails with client 0.10
42/16/2014 ED check record of actions for hearing date on first report and account; 0.20
calendar same and service deadlines and email client to notify of date
1/21/2015 SKR_ Received and reviewed email from client regarding suit being filed for 0.30
$151k by neighbor arising from initial fire, review of issues with SOL
and insurance coverage, several emails with client
2/18/2015 ED _ Draft notice of hearing and prep petition for service 0.40
2/19/2015 ED _ Review of original statements and appraisal 0.20
3/5/2015 ED _ review of accounting and order appointing trustee re $200 transfer of 0.10
assets from former trustee to client in order to explain in report
3/6/2015 ED _ prepare cover sheet and declaration re retention of original statement 0.30
3/12/2015 ED draft supplement to report re accounting showing $200 on hand as of 0.80
beginning of period; prepare original statements and declaration of
SKR re retention;
3/13/2015 ED draft proposed order re account and report 0.30
3/16/2015 SKR Email from client re claims for damages from neighbor and possible 0.40
resolutions, email re update or rebuild
3/17/2015 ED _ prepare courtesy copies of e-filed docs for examiners 0.20
3/24/2015 ED _ Review of tentative rulings and email client re continuance due to 0.10
shortage of examiners; calendar continued hearing date
4/6/2015 ED _ review of tentative rulings re tomorrow's hearing; receive and review 0.20
examiners notes
4/7/2015 ED continue working on amendment to account and report; draft 1.50
supplement in response to examiners notes; draft ex parte application
to set bond; emails to/from examiner re same; emails to/from and callsLeo F. Bautista
4/8/2015 ED
SKR
4/9/2015 ED
4/10/2015 ED
4/13/2015 SKR
ED
4/14/2015 RRS
ED
4/16/2015 ED
4/17/2015 SKR
4/23/2015 ED
5/6/2015 RRS
GKL
5/12/2015 SKR
§/22/2015 CJD
6/10/2015 RRS
7/14/2015 RRS
11/17/2015 GKL
3/17/2016 SKR
with client re real property value shown on accounting versus value on
appraisal
edits to amendment per SKR; send all to client with instructions, email
to examiner Kneis request for futher continuance to allow time to serve
amendment; further edits per client and re-send
Two calls with client, review supplemental amendment and make
revisions
Receive and review client amendment to accounting re real property
value; print same; finalize amendment and supplement; draft notice of
hearing re ex parte re bond increase and prepare for service; go over
instructions for drafting ex parte order setting bond
draft notice of hearing re 1st amendment and serve same
Review of supplement
Rejected supplement and amendment on e-file; edit to same and re-file
draft order to set trustee's bond for $108,000.
edit ex parte order re increase in bond
tir email from examiner Kniess re not receiving ex parte order re bond;
email same to him
Email client re extension of hearing
receive and review order setting bond; forward to client and bonding
agent to provide
review examiners notes, and add info to proposed order in order to
comply with the court's requests.
review and revise proposed order
Email to/from client
Prep certified order with lien for recording and send
email from client re: previous court order; review file and send client
requested order
Email to client re: certified order of first account and report
short meeting with beneficiary Brian Chow re status of sale of home
email from client
Page 3
Hours Amount
0.70
0.60
0.50
0.40
0.10
0.10 NO CHARGE
0.40
0.10
0.10
0.20
0.10
0.50
0.10
0.10
0.20
0.30
0.20
0.10
0.10Leo F. Bautista Page 4
Hours Amount
4/20/2016 SKR Email with client re recent issues
5/16/2016 SKR_ Email and response to client. 0.10
5/18/2016 SKR Drafted further email to contact at building committee re delays in 0.40
response and next steps.
5/31/2016 SKR Email to client re geological study, need to provide further status 0.30
update to court on rebuilding of property, challenges with the city
40/4/2016 ARF E-file change of address for Leo Bautista via FileServeXpress 0.10 NO CHARGE
42/29/2016 SKR_ email to and from client regarding challenges with the estate regarding 0.30
moving through the building process and issues with the same
12/30/2016 SKR Email and call w/client re issues with city permitting 0.30
1/18/2017 RRS Email to client re: the new hearing date; prep 2nd report and 1.70
account
GKL Attend hearing to request continuance of status hearing 1.60 NO CHARGE
4/20/2017 RRS Letter from Alex; phone with Joann re the accounting schedules and 1.20
the original bank statements; add information to the report and account
4/24/2017 RRS Continue preparation of report and account 0.80
2/3/2017 RRS — Email from Leo add info to petition 0.40
2/6/2017 RRS Pic to Leo re: additional information needed in the petition; add info 0.40
to the petition
For professional services rendered 35.20 $4,874.00
Additional Charges :
9/1/2016 Photocopies September 2016 4.05
9/27/2016 Postage for September 2016: Mail File Change of Address for Leo Bautista w/SASE 1.35
Postage for September 2016: Service re Change of Address for Leo Bautista 2.33
40/4/2016 File & ServeXpress Filing Fee: Notice of Change of Address 4.50
11/1/2016 Copies for November 2016 0.90
Total costs $13.13
Total amount of this bill $4,884.13Leo F. Bautista
Attorney Summary
Page 5
Name Hours Rate Amount
Sheila K Robello 450 375.00 $1,687.50
Sheila K Robello 0.30 350.00 $105.00
G. Kevin Lachona 0.20 285.00 $57.00
Dugan, Colleen 0.20 160.00 $32.00
Erika Dawe 12.20 140.00 $1,708.00
Richard R. Shu 4.50 235.00 $1,057.50
Richard R. Shu 1.40 160.00 $224.00Alex Korn AIA
Catamount Design
1913 Addison St
suite 301
Berkeley CA 94704
January 19 2017
To Whom it may Concern,
Leo Bautista Trustee of the San Lee Mui Chow trust owner of 134 Athens, San Francisco CA
asked me to write a letter explaining the process in getting a building permit to rebuild the house which
was severely damaged by a fire and then demolished by emergency demolition permit.
The process has been slow and the City of San Francisco Planning then Building Dept has been
very slow in processing the application. San Francisco has a reputation that is well deserved for being
slow. Sitting in the DBI waiting area waiting to resubmit drawings I got into a conversation with
another architect who asked how long we had been seeking permit I said 3 years and the architect
replied,” that's nothing we are in year six”
The Planning process took a couple of years, first because the City did not assign a planner for 6
months after submission then back and forth with the planner himself followed by the required
neighbor notice period and then a filing of an objection by a neighbor which required further months of
waiting for a hearing date that the neighbor could attend. When this hearing was finally held the
Planning Commission approved the project unanimously.
We finally achieved the “Site Permit” and submitted for the building permit portion of the
application in early 2016. The architectural portion of the submission was approved in the spring but
we have been having extreme difficulty from the structural reviewer. This has been a long circular
process with in my opinion and that of the structural engineer where the structural plan checker has
constantly brought up new and old objections and concerns that are repeatedly answered. The project
is a simple light wood building that is not structurally complex. The reviewer has constantly treated the
project as if it was both large and complex even asking the engineers to compute a design load factor
used for crucial infrastructure such as schools and hospitals for this single family house ( for which this
factor is by code 1 which has no effect when multiplied into the calculations.
We have gone through multiple rounds of plan check with this reviewer. Each time this has lead
to more rather than fewer issues. In my experience over 20 years of practice once a review is complete
you go through items one by one and solve them. But not in this case...
The engineer has provided the following commentary about the process.
Qui OV
EXHIBIT
i_
eeAs of this date I have had the engineer prepare a response to the last correction letter from the
structural plans examiner. I am then going to set up a meeting with the structural reviewer to go over
this list in person and with the purpose of resolving all the outstanding issues as the engineer and |
believe in our professional opinion that all the issues have indeed been dealt with. If this works a
permit should be issued in time for construction start as soon as the rainy season ends. If this does not
work then | will recommend to the Trustee that we follow the engineers advice and seek review by a
different structural plans examiner.
Sincerely, fh
Ady
Alex Korn /