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1 Patricia G. Rosenberg (SBN 154820)
HAAS & NAJARIAN, LLP ELECTRONICALLY
2 58 Maiden Lane, Second Floor FILED
San Francisco; CA 94108 Superior Court of California,
County of San Francisco
3 Tel ephone: 415.788.6330
Facsimile: 415.391.0555 02/28/2020
4 Clerk of the Court
Attorneys for Plaintiff BY: BOWMAN LIU
Deputy Clerk
5 CAROLINE OUNG
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8 SUPERIOR COURT .FOR THE-STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
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11 CAROLINE OUNG, Case No. CGC-18-563589
12 Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF EX
13 vs. PARTE APPLICATION FOR ORDER
FOR PUBLICATION OF SUMMONS
14 STEPHEN CONNELL, SUSAN CONNELL, [C.C.P. § 415.50)
the testate and intestate successors of the
15 deceased George H. Connell, and all persons
claiming by, through and under such decedent; Action Filed: January 10, 2018
16 and all persons unknown, claiming any legal or
equitable right, title, estate, lien, or -interest in
17 the Property adverse to Plaintiffs title, or any
clotJd on Plaintiffs title to the Property, and
18 Does 1 through 100,
Defendants.
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21 Plaintiff, CAROLINE OUNG, through her attorney ofrecord, PATRICIA G. ROSENBERG
22 of HAAS & NAJARIAN, LLP, alleges as follows:
23 I. STATEMENT OF FACTS
24 Plaintiff Caroline Oung currently owns the real property in San Francisco commonly known
25 as 245-249A Eureka Street, San Francisco, California (the "Property"). Plaintiff cannot obtain
26 refinancing of the subject Property without an order quieting title because of a scrivener's error in a
27 Grant Deed regarding the subject Property from George H. Connell to Katherine F. Collopy dated
28 October 24, 1923. In that Grant Deed the legal description misstated the Property as going out
HMs & NAJARIAN, LLP 1
58 Maiden Lane, 2~ Floor
SanFrancisco,CA9410B MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PART£ Case # CGC-18-563589
415 788 6330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS
easterly and westerly 120 feet, whereas George H. Connell owned the Property going out easterly
2 and westerly 125 feet as shown on the previous deed. (See Paragraphs 5-8 of Plaintiffs First
3 Amended Complaint on file in this action and attached as Exhibit A to the Declaration of Patricia G.
4 Rosenberg in Support of this Application). Becau~e the five (5) feet is unaccounted for, the
5 successors of the deceased George H. Connell and all persons claiming by, through or under such
6 decedent, have.a potential claim to the unaccounted for five (5) feet portion of the Property and must
7 be served with the Summons and the First Amended Complaint ~eeking to quiet title, reformation o(
8 the deed and declaratory relief. Plaintiff has already served the known heirs of George H. Connell,
9 specifically, Susan Connell and Stephen Connell. ·Plaintiff seeks to have all other unknown
10 successors of the deceased George H. Corinell and all persons claiming by, through or under such
11 decedent served by publication. In addition, because Plaintiff is seeking to quiet title to her Property
12 and reform the current deed back to the 1923 deed, all unknown persons claiming any legal or
13 equitable right, title, estate, lien or interest in the Property need to be served by publication, as well.
14 II. LEGAL ARGUMENT
15 Pursuant to Code of Civil Procedure Section 415 .50(a)(]), a Summons may be served by
16 publication if, upon affidavit, it appears to the satisfaction of the Court that the parties to be served
17 ( 1) cannot with reasonable diligence be served otherwise, and (2) a cause of action exists against the
18 parties upon whom service is to be made.
19 Reasonable diligence requires an effort such as a re~sonable person who neutrally desired to
20 give notice would have made under the circumstances. Buchanan vs. Soto (2015) 241 Cal.App.4 th
21 1353.
22 As evidenced by the Declaration of Plaintiff Caroline Oung in Support of Ex Parle
23 Application for Order of Publication of Summons and the Declaration of Patricia G. Rosenberg of
24 Haas & Najarian, LLP, counsel for Caroline Oung in Support of Ex Parte Application for Order of
25 Publication of Summons filed concurrently herewith, Plaintiff has made reasonable efforts to
26 ascertain the identities and locations of any additional living successors of the deceased, George H.
27 Connell, and all persons claiming by, through or under such decedent, and all persons unknown,
28 claiming any legal or equitable right, title, estate, lien or interest in the Property, adverse to
HAAS 8 NAJARIAN, LLP 2
58 Maiden Lane, 2"' Floor •
San Francisco, CA 94108 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE Case # CGC-18-563589
415 788 6330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS
1 Plaintiffs title. Through the efforts of Plaintiffs prior counsel, Alexander Biddle, Plaintiff
2 discovered two (2) living relatives of George H. C_omiell, Stephen Connell and Susan Connell, both
3 wh9m have since been served. Default has been entered against Stephen Connell and Susan Connell
4 entered into a Stipulated Judgment (which will be presented to the Court at the prove up hearing or
5 trial in this matter). Plaintiff knows of no other living heirs of George H. Connell. Plaintiff seeks 'to
6 quiet title as against any other unknown heirs of George H. Connell and all persons unknown who
7 claim any legal or equitable right, title, estate, lien· or ·interest in the subject Property.
8 Counsel for Plaintiff reviewed telephone directories of the nine (9) Bay Area counties and
9 could not find any information that could po,tentially lead to the discovery of any additional
10 unknown heirs to George H. Connell. In addition, a review of property records from the Recorder's
11 Office of San Francisco County could not locate any other property owned by George H. Connell
12 from which subsequent unknown potential heirs could be ascertained. Numerous internet searches
13 using search terms for heirs of decedent, George H. Connell, were utilized and no information came
14 up that would assist Plaintiff in determining additional unknown heirs to George H. Connell. In
15 addition, Plaintiff in her Declaration shows-that a cause of action to quiet title exists against
16 unknown heirs of George H. Connell and any other unknown persons who have any legal interest in
17 Plaintiffs Property. See Declaration of Patricia G. RQsenberg filed concurrently herewith and
18 Declaration of Plaintiff Caroline Oung filed concurrently herewith.
19 III. CONCLUSION
20 Plaintiff has made reasonable efforts to ascertain any potential persons who could claim
21 through George H. Connell and properly served his known heirs, Stephen Connell and Susan
22 Connell. Default was entered against Stephen Connell and Susan Connell has entered into a
23 Stipulated Judgment. The cause of action for quieting title against all persons claiming by, through
24 or under George H. Connell and all persons unknown claiming any legal or equitable right, title,
25 estate, lien or interest in the Property adverse to Plaintiffs title, require that Plaintiff be allowed to
26 serve all such ~nknown persons by publication as there is simply no way to ascertain who these
27 individuals may be, at this time, who might have a claim to the five (5) feet of the Property at issue
28 in this case. For the foregoing reasons, Plaintiff Caroline Oung respectfully requests this Court grant
HAAS & NAJARIAN, LLP 3
58 Maiden Lane. 2"" Floor
SanFrancisco.CA94108 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE Case # CGC-18-563589
4157886330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS
1 her Order allowing for publication of Summons.
2 II/.
3 Ill
DATED: FebruaryZ:~2020 HAAS & NAJARIAN, LLP
5
6 Patricia . Rosenberg
Attorp.eys for Plaintiff ·
7 CAROLINE OUNG
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HAAS & NAJARIAN. LLP 4
58 Maiden Lane. 2"' Floor
SanFrancisco,CA94106 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF E;X PART£ Case # CGC-18-563589
4157666330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS
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1 Patricia G. Rosenberg (SBN 154820) HAAS & NAJARIAN, LLP ELECTRONICALLY 2 58 Maiden Lane, Second Floor FILED San Francisco; CA 94108 Superior Court of California, County of San Francisco 3 Tel ephone: 415.788.6330 Facsimile: 415.391.0555 02/28/2020 4 Clerk of the Court Attorneys for Plaintiff BY: BOWMAN LIU Deputy Clerk 5 CAROLINE OUNG 6 7 8 SUPERIOR COURT .FOR THE-STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 11 CAROLINE OUNG, Case No. CGC-18-563589 12 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX 13 vs. PARTE APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS 14 STEPHEN CONNELL, SUSAN CONNELL, [C.C.P. § 415.50) the testate and intestate successors of the 15 deceased George H. Connell, and all persons claiming by, through and under such decedent; Action Filed: January 10, 2018 16 and all persons unknown, claiming any legal or equitable right, title, estate, lien, or -interest in 17 the Property adverse to Plaintiffs title, or any clotJd on Plaintiffs title to the Property, and 18 Does 1 through 100, Defendants. 19 20 21 Plaintiff, CAROLINE OUNG, through her attorney ofrecord, PATRICIA G. ROSENBERG 22 of HAAS & NAJARIAN, LLP, alleges as follows: 23 I. STATEMENT OF FACTS 24 Plaintiff Caroline Oung currently owns the real property in San Francisco commonly known 25 as 245-249A Eureka Street, San Francisco, California (the "Property"). Plaintiff cannot obtain 26 refinancing of the subject Property without an order quieting title because of a scrivener's error in a 27 Grant Deed regarding the subject Property from George H. Connell to Katherine F. Collopy dated 28 October 24, 1923. In that Grant Deed the legal description misstated the Property as going out HMs & NAJARIAN, LLP 1 58 Maiden Lane, 2~ Floor SanFrancisco,CA9410B MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PART£ Case # CGC-18-563589 415 788 6330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS easterly and westerly 120 feet, whereas George H. Connell owned the Property going out easterly 2 and westerly 125 feet as shown on the previous deed. (See Paragraphs 5-8 of Plaintiffs First 3 Amended Complaint on file in this action and attached as Exhibit A to the Declaration of Patricia G. 4 Rosenberg in Support of this Application). Becau~e the five (5) feet is unaccounted for, the 5 successors of the deceased George H. Connell and all persons claiming by, through or under such 6 decedent, have.a potential claim to the unaccounted for five (5) feet portion of the Property and must 7 be served with the Summons and the First Amended Complaint ~eeking to quiet title, reformation o( 8 the deed and declaratory relief. Plaintiff has already served the known heirs of George H. Connell, 9 specifically, Susan Connell and Stephen Connell. ·Plaintiff seeks to have all other unknown 10 successors of the deceased George H. Corinell and all persons claiming by, through or under such 11 decedent served by publication. In addition, because Plaintiff is seeking to quiet title to her Property 12 and reform the current deed back to the 1923 deed, all unknown persons claiming any legal or 13 equitable right, title, estate, lien or interest in the Property need to be served by publication, as well. 14 II. LEGAL ARGUMENT 15 Pursuant to Code of Civil Procedure Section 415 .50(a)(]), a Summons may be served by 16 publication if, upon affidavit, it appears to the satisfaction of the Court that the parties to be served 17 ( 1) cannot with reasonable diligence be served otherwise, and (2) a cause of action exists against the 18 parties upon whom service is to be made. 19 Reasonable diligence requires an effort such as a re~sonable person who neutrally desired to 20 give notice would have made under the circumstances. Buchanan vs. Soto (2015) 241 Cal.App.4 th 21 1353. 22 As evidenced by the Declaration of Plaintiff Caroline Oung in Support of Ex Parle 23 Application for Order of Publication of Summons and the Declaration of Patricia G. Rosenberg of 24 Haas & Najarian, LLP, counsel for Caroline Oung in Support of Ex Parte Application for Order of 25 Publication of Summons filed concurrently herewith, Plaintiff has made reasonable efforts to 26 ascertain the identities and locations of any additional living successors of the deceased, George H. 27 Connell, and all persons claiming by, through or under such decedent, and all persons unknown, 28 claiming any legal or equitable right, title, estate, lien or interest in the Property, adverse to HAAS 8 NAJARIAN, LLP 2 58 Maiden Lane, 2"' Floor • San Francisco, CA 94108 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE Case # CGC-18-563589 415 788 6330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS 1 Plaintiffs title. Through the efforts of Plaintiffs prior counsel, Alexander Biddle, Plaintiff 2 discovered two (2) living relatives of George H. C_omiell, Stephen Connell and Susan Connell, both 3 wh9m have since been served. Default has been entered against Stephen Connell and Susan Connell 4 entered into a Stipulated Judgment (which will be presented to the Court at the prove up hearing or 5 trial in this matter). Plaintiff knows of no other living heirs of George H. Connell. Plaintiff seeks 'to 6 quiet title as against any other unknown heirs of George H. Connell and all persons unknown who 7 claim any legal or equitable right, title, estate, lien· or ·interest in the subject Property. 8 Counsel for Plaintiff reviewed telephone directories of the nine (9) Bay Area counties and 9 could not find any information that could po,tentially lead to the discovery of any additional 10 unknown heirs to George H. Connell. In addition, a review of property records from the Recorder's 11 Office of San Francisco County could not locate any other property owned by George H. Connell 12 from which subsequent unknown potential heirs could be ascertained. Numerous internet searches 13 using search terms for heirs of decedent, George H. Connell, were utilized and no information came 14 up that would assist Plaintiff in determining additional unknown heirs to George H. Connell. In 15 addition, Plaintiff in her Declaration shows-that a cause of action to quiet title exists against 16 unknown heirs of George H. Connell and any other unknown persons who have any legal interest in 17 Plaintiffs Property. See Declaration of Patricia G. RQsenberg filed concurrently herewith and 18 Declaration of Plaintiff Caroline Oung filed concurrently herewith. 19 III. CONCLUSION 20 Plaintiff has made reasonable efforts to ascertain any potential persons who could claim 21 through George H. Connell and properly served his known heirs, Stephen Connell and Susan 22 Connell. Default was entered against Stephen Connell and Susan Connell has entered into a 23 Stipulated Judgment. The cause of action for quieting title against all persons claiming by, through 24 or under George H. Connell and all persons unknown claiming any legal or equitable right, title, 25 estate, lien or interest in the Property adverse to Plaintiffs title, require that Plaintiff be allowed to 26 serve all such ~nknown persons by publication as there is simply no way to ascertain who these 27 individuals may be, at this time, who might have a claim to the five (5) feet of the Property at issue 28 in this case. For the foregoing reasons, Plaintiff Caroline Oung respectfully requests this Court grant HAAS & NAJARIAN, LLP 3 58 Maiden Lane. 2"" Floor SanFrancisco.CA94108 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE Case # CGC-18-563589 4157886330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS 1 her Order allowing for publication of Summons. 2 II/. 3 Ill DATED: FebruaryZ:~2020 HAAS & NAJARIAN, LLP 5 6 Patricia . Rosenberg Attorp.eys for Plaintiff · 7 CAROLINE OUNG 8 N:\CLIENTS\70\7016\000\Memo of P&A Re Ex Parte App.docx 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAAS & NAJARIAN. LLP 4 58 Maiden Lane. 2"' Floor SanFrancisco,CA94106 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF E;X PART£ Case # CGC-18-563589 4157666330 APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS