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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-29-2018 3:47 pm
Case Number: CGC-18-564938
Filing Date: May-29-2018 3:46
Filed by: CAROL BALISTRERI
Image: 06353802
COMPLAINT
CHRISTINE A. BENNETT VS. THOMAS LUCAS ET AL
001006353802
Instructions:
Please place this sheet on top of the document to be scanned.Cm NY HH PF WN &
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Se N AUN BE DH HE FSEOeORAAAREBHA SS
CHRISTINE A. BENNETT
3209 Spring Brook Ct.
Oceanside, CA 92058
Telephone: (760) 458-1571 F J L E D
IN PRO PER San Fanoos Gocty Super Cot
MAY 29 2018
Cc F THE COURT
Deputy Cleric
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY & COUNTY OF SAN FRANCISCO
CHRISTINE A. BENNETT, } Case No. CGC-18-564938
Plaintiff, Verified Amended Complaint for Damages
for:
1. Breach of Fiduciary Duty;
2. Professional Negligence;
3. Unfair Competition Under
California Business & Professions
Code § 17200;
Quiet Title; and,
Declaratory Relief.
vs.
THOMAS LUCAS, and DOES 1 through 40
inclusive,
Defendants.
wp
ee
Plaintiff CHRISTINE A. BENNETT (“Bennett”) hereby files this Complaint against
defendant THOMAS LUCAS (“Lucas”), and DOES 1-40, and alleges as follows:
PARTIES
1. Plaintiff Bennett is, and at all times mentioned herein was, an individual residing
within the County of San Diego, State of California.
2. Defendant Lucas is, and at all times mentioned herein was, an individual residing
within the County of San Francisco, State of California. Plaintiff is informed and believes, and
on that basis alleges, that Lucas is a professional conservator and trustee. He claims to hold MSW
and LCSW licenses, with a Certificate in Gerentology. Plaintiff is informed and believes, and on
that basis alleges, that Lucas is a professional fiduciary licensed to practice in California.
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VERIFIED COMPLAINT FOR DAMAGES
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3. Various others, presently unknown to plaintiff, participated as co-conspirators
with defendant in the violations of law alleged in this Complaint and have engaged in conduct
and made statements in furtherance thereof. DOES 1-20 are individuals, and participated in the
activity which is the subject of this action, as alleged in this Complaint. DOES 21-40 are
business entities of unknown form that participated in the activity which is the subject of this
action. Plaintiff does not know the true names and capacities of the defendants named in this
action as DOES 1-40, and therefore sues them under fictitious names. Plaintiff will request
permission to amend this Complaint to state the true names and capacities of these fictitiously
named defendants when they ascertain them. Plaintiff is informed and believe, and alleges on
this ground, that these fictitiously named defendants are legally responsible in some manner for
the acts and omissions set forth below, and therefore are liable to them for the relief requested.
4. Plaintiff is informed and believes, and on that basis alleges, that at all times herei:
mentioned each of the defendants was the agent, servant, employee, and/or co-conspirator of
each of the other defendants, and, in doing the acts hereinafter alleged, was acting within the
course and scope of their authority as such agent, servant, employee, and/or co-conspirator with
the permission and consent of their co-defendants and, further, that the defendants, and each of
them, have authorized, ratified, and approved the acts of each of the other defendants with full
knowledge of those acts.
JURISDICTION AND VENUE
3 Venue is proper in this judicial district, pursuant to California Code of Civil
Procedure §§ 395(a). The defendants either reside, maintain an office, transact business, have an|
agent, or are found in the County of San Francisco, and are within the jurisdiction of this Court
for purposes of service of process.
GENERAL ALLEGATIONS
6. The real property at issue is located at 625 Avalon Ave., San Francisco, CA
94112 (“the property”). A true and correct copy of the legal description of the property is
attached hereto at Exhibit A.
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VERIFIED COMPLAINT FOR DAMAGESco Oe IN DAH FB WH
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7. Carol Anne Spinale’s parents, Rina and Constantine (Constantine) Spinale,
established a trust in about 1990, the Spinale Family Living Trust. Multiple amendments and
revisions took place. Rina Spinale died in April 2008. After Rina Spinale’s death in April 2008,
Lucas eventually became trustee over the Spinale Family Living Trust; this followed
appointment as Constantine’s conservator, also in 2008. On January 13, 2017, Constantine
passed away.
8. Under Article III, Paragraph 6 of the Sixth Amendment to the Spinale Family
Living Trust (“Sixth Amendment”), one-half (1/2) of the Trust Estate, as defined by the Sixth
Amendment, is to be distributed to Joseph Michael Spinale and one-half (1/2) of the Trust Estate
is to be distributed to Carol Ann Spinale subject to the provisions of the “Special Needs Trust” as
set out in the Fifth Amendment dated February 7, 2000. (A true and correct copy of the Sixth
Amendment is attached hereto as an attachment to Exhibit B, “Exercise of Limited Power of
Appointment as Specified Spinale Family Living Trust,” Art. III, 9 6.A.) In the Sixth
Amendment, the Trustors indicated that the distribution to Carol Ann Spinale included a limited
power of appointment by Carol Ann Spinale to “anyone other than herself, her estate, her
creditors or creditors of her estate.” (See Exhibit B, Sixth Amendment, Art. III, 6.A.2.) The
Sixth Amendment further states that “[t]his power of appointment can be exercised by Carol Ann]
Spinale during her life or upon her death.” (See Exhibit B, Sixth Amendment, Art. III, 6.A.2.)
9. On May 20, 2007, Joseph Michael Spinale died. The Seventh Amendment to the
Spinale Family Trust (“Seventh Amendment”) amended Article III, Paragraph 6 of the Sixth
Amendment to indicate that the Surviving Trustor shall administer, hold, and distribute the
balance of the Trust Estate for the benefit of Carol Ann Spinale, subject to the provisions of the
“Special Needs Trust” as set out in the Fifth Amendment dated February 7, 2000. (A true and
correct copy of the Seventh Amendment is attached hereto as an attachment to Exhibit B.
“Exercise of Limited Power of Appointment as Specified Spinale Family Living Trust,” pages 1-
2.)
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VERIFIED COMPLAINT FOR DAMAGESC7 XI DAH Bw
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10. On page 5 of the Seventh Amendment, it specifically states: “Ratification of
Other Terms of Trust. In every other respect, the settlor confirms and ratifies the terms of the
trust as stated in that certain declaration dated November 20, 1990, and all subsequent
amendments.” Counsel that prepared the Seventh Amendment indicated and has stated that there|
is nothing in the trustor’s case file that would indicate any intent on the trustor, his client, to
change any of the terms of the Sixth Amendment, except to give Joe Michael Spinale’s share to
Carol Ann Spinale (due to his death). The remaining, unchanged terms of the Sixth Amendment
continued in full force and effect, including, the ability for Carol Ann Spinale to exercise her
limited power of appointment. The Seventh Amendment refers to other amendments, including
the Sixth Amendment, in such a manner as to incorporate the Sixth Amendment.
11. On June 12, 2017, pursuant to the Sixth Amendment, the Seventh Amendment,
and California Probate Code § 652, Carol Ann Spinale exercised her limited power of
appointment and appointed 100% of the Trust Estate to Christine A. Bennett. Spinale exercised
her right by notice to Lucas via tracking and registered mail via the United States Post Office.
On June 16, 2017, this notice was delivered to Lucas at 9:32 a.m. (A true and correct copy of the|
proof of delivery is attached hereto at Exhibit C) The Sixth Amendment, as ratified by the
Seventh Amendment, specified the requirements as to the manner, time, and conditions of the
exercise of the limited power of appointment. Carol Ann Spinale exercised this limited power of|
appointment as indicated in the ratified Sixth Amendment and by complying specifically with
the requirements of the ratified Sixth Amendment.
12. Plaintiff has standing in this action pursuant to Carol Ann Spinale’s exercise of
the limited power of appointment and pursuant to California Probate Code Section 48.
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VERIFIED COMPLAINT FOR DAMAGESCO NY DH Bw HY
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FIRST CAUSE OF ACTION
BREACH OF FIDUCIARY DUTY
(AS TO DEFENDANT LUCAS AND DOES 1-40)
14. Plaintiff incorporates by reference paragraphs 1 through 13 above as if fully re-
stated and re-alleged.
15. Given the relationship between Plaintiff and Defendant, and the trust and
confidence Plaintiff reposed in Defendant, Plaintiff owed and owes a fiduciary duty to Plaintiff.
Defendant Lucas, and each and every Doe Defendant, had a duty to act with the utmost good
faith in the best interests of Plainti
17, Selling the property for less than what it is worth is a direct violation of California
Probate Code Sections 16002, 16004(a), 16006, 16007 and the Prudent Investor Rule defined in
Probate Code Sections 16045 - 16054. Pursuant to California Probate Code Section 16002, a
“trustee has a duty to administer the trust solely in the interest of the beneficiaries.” Pursuant to
California Probate Code Section 16004(a), a “trustee has a duty not to use or deal with the trust
property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to
take part in any transaction in which the trustee has an interest adverse to the beneficiary.” Also,
pursuant to California Probate Code Section 16006, the “trustee has a duty to take reasonable
steps under the circumstances to take and keep control of and to preserve the trust property.”
And, pursuant to California Probate Code Section 16007, the “trustee has a duty to make the trust
property productive under the circumstances and in furtherance of the purposes of the trust.”
18. Asa direct and proximate cause, result and consequence of that breach, Plaintiff
suffered damages, and continues to suffer damages, in amounts according to proof at the time of
tial.
SECOND CAUSE OF ACTION
PROFESSIONAL NEGLIGENCE
(AS TO DEFENDANT LUCAS AND DOES 1-40)
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VERIFIED COMPLAINT FOR DAMAGESCoO XQ A HA Be wWwH
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19. Plaintiff incorporates by reference paragraphs 1 through 18 above as if fully re-
stated and re-alleged.
20. Defendant Lucas, and each and every Doe Defendant, owed and still owes a duty
of care to Plaintiff to use the skill, prudence, and diligence as other members of his profession
commonly possess and exercise when it comes to managing the trust where Plaintiff was
appointed 100% of the Trust Estate from Carol Ann Spinale who exercised her limited power of
appointment in the Spinale Family Living Trust.
21. Defendant Lucas, and each and every Doe Defendant, was negligent in that each
defendant breached their duty and failed to use the skill and care that a reasonably careful
professional trustee / fiduciary would have used in similar circumstances. A reasonably careful
professional trustee / fiduciary would have took steps to sell the property according to California
Probate Code Sections 16002, 16004(a), 16006, and 16007 in similar circumstances.
Specifically, each defendant would not have sold the property for the value described in
Paragraph 13, less than what the property is worth, where, there were violations of Sections
16002, 16004(a), 16006, and 16007.
22. Asa direct and proximate cause, result and consequence of that breach, Plaintiff
suffered damages, and continues to suffer damages, in amounts according to proof at the time of
trial. Plaintiff’s actual loss or damage is the monies lost from the sale of the property due to each|
and every defendant’s professional negligence.
23. The negligence of Defendant Lucas, and each and every Doe Defendant, was a
substantial factor in causing Plaintiff harm.
THIRD CAUSE OF ACTION
UNFAIR COMPETITION UNDER CALIFORNIA BUSINESS & PROFESSIONS
CODE § 17200
(AS TO DEFENDANT LUCAS AND DOES 1-40)
24, Plaintiff incorporates by reference paragraphs | through 23 above as if fully re-
stated and re-alleged.
25. California Business and Professions Code § 17200 prohibits any “unlawful, unfair]
or fraudulent business act or practice.” Defendant Lucas’ actions, and each Doe Defendants’
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VERIFIED COMPLAINT FOR DAMAGESSD CON DAH eB wWwDH
°°. 3
actions, in violating their fiduciary and professional duties and in violating California Probate
Code Sections 15002, 16000, 16002, 16004(a), 16006, and 16007, bring the transaction at issue
under Section 17200. Defendants’ improper conduct in the course of the transaction places them
in violation of Section 17200.
26. Plaintiff believes, and thereon alleges, that Defendant Lucas’ actions, and each Dod
Defendants’ actions, were unlawful, unfair, and fraudulent, in that Defendants violated theif
fiduciary, professional, and legal duties when acting on behalf of the Spinale Family Living Trust.
27. Defendant Lucas, and each Doe Defendant, have refused and continue to refuse tol
act in the best interest of the beneficiaries of the Spinale Family Living Trust when it comes to the
property.
28. As a proximate result of Defendants’ unfair and fraudulent business practices,
Plaintiff has been damaged in an amount to be proven at trial.
FOURTH CAUSE OF ACTION
QUIET TITLE
(AGAINST ALL DEFENDANTS AND ALL PERSONS KNOWN OR
UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, STAKE,
LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF'S TITLE OR ANY CLOUD ON PLAINTIFF'S TITLE
THERETO)
29. Plaintiff incorporates by reference paragraphs 1 through 28 above as if fully re
stated and re-alleged.
30. Plaintiff has a valid interest in the Property. Caro! Ann Spinale, as a beneficiary off
the Spinale Family Living Trust, has a life estate on the property. Defendant Lucas and each and|
every Doe Defendant has attempted to take possession of the property by committing fraud on the
court in other court actions. £
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VERIFIED COMPLAINT FOR DAMAGESecm N HH PB wWwH
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th i cxhibit D in the property as Caro]
Anne Spinale exercised her limited power of appointment and appointed 100% of the Trust Estate
to Plaintiff.
31. Plaintiff is entitled to possession of the Property.
32. Plaintiff seeks to quiet title against the claims of Defendant Lucas, each and every
Doe Defendant, and anyone else claiming an interest in the property. Defendants and any
successors or assignees have no right to title or interest in the property and no right to entertain]
any rights of ownership, including rights of possession.
33. Plaintiff seeks to quiet title as of June 12, 2017, the date that Carol Anne Spinald
exercised her limited power of appointment and appointed 100% of the Trust Estate to Plaintiff!
Plaintiff seeks a judicial determination that the title in the property is vested in Plaintiff, alone, andj
that Defendants, and each of them be declared to have no interest, estate, stake, right, title or
interest in the property, and that Defendants, their agents and assigns, be forever enjoined from
asserting any interest, estate, stake, right, title or interest in the property.
34. Accordingly, the Court should rule that the property remains Plaintiff's property|
and award damages as proven at trial.
FIFTH CAUSE OF ACTION
DECLARATORY RELIEF
(AS TO DEFENDANT LUCAS AND DOES 1-40)
35. Plaintiff incorporates by reference paragraphs 1 through 34 above as if fully re4
stated and re-alleged.
36. Defendant Lucas, and each and every Doe Defendant, have taken actions in violation
of their statutory, legal, and contractual duties. Said actions have resulted in the wrongful}
possession of the property by Defendants. An actual dispute exists between Plaintiff and
Defendants as the ownership of the property.
37. Due to the dispute as to the rights and interests of the parties to the property, Plaintifi]
request that the Court declare the rights of the parties in this matter. Plaintiff requests that the
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VERIFIED COMPLAINT FOR DAMAGESoe NY DWH Bw HK»
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Court enforce these rights with the issuance of injunctions or restraining orders, as may ba
necessary, to place the parties in their proper position, with respect to their interests, if any, in the
Property.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant Lucas and DOES 1
through 40, and each of them, jointly and severally, as follows:
1. For actual damages in an amount to be determined at trial.
For general damages in an amount to be determined at trial;
For special damages in an amount to be determined at trial;
For compensatory damages in an amount to be determined at trial;
yk YON
For consequential damages in an amount to be determined at trial; .
6. For interest provided by law including, but not limited to, California Civil Code §§|
3287, 3288;
7. For restoration of all monies acquired by Defendants in violation of California
Business and Professions Code § 17200.
8. For a declaration of the rights and duties of the parties, specifically that Plaintiff is
the true and rightful owner of the property.
9. To quiet title in favor of Plaintiff and against all Defendants and any other
individual who claims any right, title, or interest in the property.
10. Pursuant to Business and Professions Code § 17203, that all Defendants, their]
successors, agents, representatives, employees, and all persons who act in concert with them be
permanently enjoined frorn committing any acts of unfair competition in violation of § 17200,
including, but not limited to, the violations alleged herein.
11. For attorney’s fees;
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VERIFIED COMPLAINT FOR DAMAGESom NIN DWH BR WN
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12. For costs of suit incurred herein; and,
13. For such other and further relief as the court may deem proper.
Respectfully submitted,
DATED: May £9, 2018
CHRISTINE A>
In Pro Per
VERIFICATION
Ihave read the foregoing VERIFIED COMPLAINT FOR DAMAGES and know its
contents. The matters stated in the foregoing Verified Complaint for Damages are true of my
own knowledge, except as to the matters which are therein stated on my information or belief,
and as to those matters I believe them to be true. I am the Plaintiff in this action, and am
authorized to make this verification on my own behalf, and I make this verification for that
reason. | am informed and believe and on that ground allege that the matters stated in the
foregoing document are true.
I declare under penalty of perjury under the laws of the State of California and the State
of Florida that the foregoing is true and correct.
Executed at OCEA (si DE ; California this A 9H day of May, 2018.
Cae A. i T
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VERIFIED COMPLAINT FOR DAMAGESCc C
SIXTH AMENDMENT TO THE
SPINALE FAMILY
LIVING TRUST
ARTICLE I - TRUST AMENDMENT CREATION
We, CONSTANTINO J. SPINALE, and RINA SPINALE, as Trustmakers (also called
“Trustors") make this Sixth Amendment on October 24, 2003, to the SPINALE
FAMILY LIVING TRUST dated November 20, 1990. CONSTANTINE J. SPINALE, and RINA
SPINALE are the Co-Trustees.. The SPINALE FAMILY LIVING TRUST was created on
‘November 20, 1990. It was amended August 6, 1992, April 3, 1993, April 10, 1995,
July 11, 1997, and Fifth Amendment of February 7, 2000.
This Sixth Amendment amends the SPINALE FAMILY LIVING TRUST. dated November
20, 1990 in its entirety. For formal correspondence, transfers of assets to the trust,
this trust shall be referred to as "CONSTANTINO J. SPINALE and RINA SPINALE, Co-
Trustees of the SPINALE FAMILY LIVING TRUST dated November 20, 1990 and any
amendments thereto". The names and birth dates'of the Trustors’ two children are:
daughter, CAROL ANN SPINALE, born May 23, 1950; and son, JOSEPH MICHAEL
SPINALE, born September 27, 1953. All references to the Trustors' children shalt
. include children subsequently legally adopted by the Trustors.
The trust estate consists of property interests of all kinds transferred to the
trust by the Trustors or any other person(s) either upon creating this trust or after.
Any property conveyed or in any manner received by the trust shall retain its’
separate or community character. If the trust is revoked, property reconveyed to the
Trustors, or either of them, retains the same character it had at the time of its
transfer into the trust. Each Trustor's property interests are set forth in the Asset
List which follows and is incorporated by reference as if set forth in whole herein:
Schedule A - Conununity Property of Trustors
Schedule B - Separate Property of Husband Trustor
Schedule C - Separate Property of Wife Trustor
While alive, the Trustors have the absolute right to amend or revoke this
trust, in whole or in part, at any time. Any amendment or revocation must be in
writing and delivered to the Trustees or Successor(s). Upon the death or disability of
either Trustor, the surviving Trustor shall have the absolute right to amend or
revoke this Trust, in whole or in part, except as to any part which is made
irrevocable. Furthermore, this trust can be amended by an attorney in fact to the
extent a Power of Attorney authorizes the attorney in fact to so act. The separate
property of any Trustor not made irrevocable is subject to any amendment or
RS. CHS
EXHIBIT B- o-- ce eee ee
¢o Cc
Page 2
revocation by the other Trustor except as to the interest to or for the deceased
Trustor's children Prior to Marriage to the survivi ig Trustor unless that authority
is granted to the Surviving Trustor in writing in this document or otherwise,
End of Article 1 « Trust Creation
ARTICLE II - TRUSTEES
wi t fo any separate Property titled in his name alone as Trustee unless
he is disabled as provided below in which case RINA SPINALE shall act as sole ‘
Teplace him or her ag Successor Trustee, Upon the death, resignation, or
disability of the First Successor Trustee, the Trustors' daughter-in-law, Kim
SPINALE of El Cerrito, California shall teplace him or her as next Successor
Trustee,
including the Power to appoint any other Person or fiduciary to serve as trustee
during their lifetime,
Broce D. Ketron & Associates LIVING TRUST. October 24, 2003< ° C o
Pare 3
3. A Trustor/Trustee shall be deemed disabled for purposes of this trust when the
continuing Trustor/Trustee or any Successor Trustee(s) receives a written and
signed opinion from two licensed physicians acting independently that the
Trustor/Trustee is incapacitated or disabled because of illness, age, or any other
cause which results in the Trustor/Trustee's inability to effectively manage his
or her property or financial affairs. A Trustor/Trustee shall also be deemed to
be disabled for purposes of this agreement upon the determination of a court of
competent jurisdiction that the Trustor/Trustee is incompetent, incapacitated,
or otherwise legally unable to effectively manage his or her property or
financial affairs. Such written opinions, when received, shall be attached to
this trust instrument. Third parties may rely on the continuing
Trustor/Trustee or any Successor Trustee's (s’) authority without further
evidence of incapacity when this trust instrument is presented with such
physicians’ statements attached. No independent licensed physician who
executes a medical opinion of incapacity shall be subject to liability because of
such good faith execution. The incapacitated Trustor/Trustee hereby waives
any privilege that may apply to release of information included in such
medica! opinion.
End of Article I! - Trustees
ARTICLE THT - BENEFICIARIES
The Beneficiaries of this trust are the following:
1. While both Trustors are living, the Trustors, CONSTANTINO J. SPINALE and
RINA SPINALE are the beneficiaries of the Trust and shall be provided the
following benefits by the Trustees: :
A. The Trustees shall distribute or retain the principal and net income of the
community estate as the Trustors may direct. Trustees shall distribute or
retain the principal and net income of a Trustor’s separate estate as that
Trustor may direct. In the absence of directions from the Trustors or a
Trustor, Trustees shall distribute the trust income from the community estate
to one or both of the Trustors at least quarterly.
B. A Trustor shall have the absolute right to remove his or her separate
property, in whole or in part, from the trust at any time. A Trustor shall also
have the absolute right to add to the trust Property at any time. The Trustors
shall have the absolute right to remove so much of the community estate as
they shall request at any time. All of these rights shall be exercised in writing
Personally or by an attorney in fact.
C When the Trustors are serving as Trustees, there shall be no requirement of a
written request in order for them to exercise any of the above powers over
distribution of income or principal of the trust.
Bruce D. Ketron & Associates UVING TRUST October 24, 2003
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4S. A DEMOLITION PERMIT APPLICATION FILED ves .
WF SO WHAT DATE?
sunomeryee, QASINGLEFAMILY OD rworamny 1 apartment House (3 OR MORE DWELLINGS)
(2 resipentiat Hore (2 conoominun
REASON FOR INSPECTION: (Cy merer coNvERSION
1D maior atreration (2) conpominium conversion
WILL AN ENERGY & WATER ESCROW ACCOUNT BE SET UP FOR THIS PROPERTY? Oi ves ¥ no
(F VES, FOAM C MUST ALSO BE COMPLETED AND ATTACHED-WATER CONSERVATION MEASURES MUST BE INSTALLED WITHIN 180 DAYS OF TRANSFER OF TITLE.)
‘1. SHOWERHEADS YES NO NIA | Idoh all Hems ‘corplied with fully
‘Allshowerhead ratings do not exceed 2 5 gallons per minute
per Section 12A10%aISFHC aoo te 371 lo hedo
of Showerhends: __ : Signature: Tier
Incomphance (Notin compliance
[21 Exemption requested per Section 12A10 (e) SFHC.
(Uicensed Physician attached)
2 AERATORS
‘All faucet and faucet aerator ratings do not exceed
2.2 gallons per ménnxe per Section 12A10 (b} SFHC
‘of Aerators {
Incompilance .! Notin compliance
3 WATER CLOSETS:
‘All water closet tollet ratings donot exceed 1 28 gallons
flush per Section 12A10(¢) SFHC .
11 Hatoncat propery exemption requested per
Sectvan 1201100)
Existing Water Closet 16 gpf exemption per
‘Section 12010 {¢} FHC.
ef Water Closats
Incomphance ____ Notin comphance
35gpt____ Sgpf —_ 7 opf
ALEAK REPAIR
Water leak inspection, through visual or water meter test, a od
revealed no leaks as requiredl by Section 12A10{d) SFHC.
. __ NOTICETO OWNERS
AETERTHEINITIAL INSPECTION, you must file this form within 15 days, at Housing Inspection
‘do hereby certify that | have conducted the above inspection and that, tothe best of my | _5#* Vices (HIS'), 1660 Mission Street, 6th Floor, ($52 00 Filing Fee!
knowledge und beltel, the above information {strue and corract {further certify that ‘AETER THE COMPLIANCE INSPECTION Is properly signed (Part C and Part D), proof of
represent Ananctal interest the structure inspected,
ori the sale or ashorg ngytonzarnton mors in Pare compliance shol be effected by returning «copy of the completed formn for approval to
of ‘Date GETER HIS! APPEQVAL a copy of the approved and complated form shail be recorded by
Smatarect nopactor we you {the owner} or your Authorized Agent, with the San Francisco County Recorder's Offa,
Prlor to or concurrent with transfer of tile
White- Owner ‘Yellow - Housing inspection Services. Pink - inspectorDEPARTMENT OF INSPECTION & of San Fi
Housing inspection Services Division, 1008 Mission Strest, Gth Ficer, FOR RECORDER'S USE ONLY
‘San Francieco, California 86103-2414 TEL. (618) 588-6220 PAX (619) B5B-4200
SINGLE OR TWO FAMILY DWELLINGS ENERGY CONSERVATION
INSPECTION AND CERTIFICATE OF COMPLIANCE FORM
ie
REQUIRED BY CHAPTER 12 OF THE SAN FRANCISCO HOUSING CODE (SFHC)
eee O25 Avalon Avenue “458 |" o22 |
“e ZBinola Canal. Ann Life. CST 74
mm SEO lie
1S A DEMOLITION PERMIT APPLICATION FRED? [J YES fi] NO .
Heowmauw?
WAS BUILDING BUILT AFTER JULY 1, 19787 [(] YES Br
2 wt Penmt Aggiteation tio
mane Tre: Tao Mam (Ci) conponuum
(MABON FOR wePECTION: CD) meer conversion —C] conpowmmnt CONVERSION
MAJOR ALTERATION
WAL. AN ENERGY & WATER RBCROW ACCOUNT G8 SETUP PORTER PROPERTY? [YES 61 WO
(Ot yes, form C enat he completed and sttached. Energy conservation menses rest te invnatied within 180 days of wanater of ttn) NOTE: Link of required expenditures fer anergy
(Conanrvation measures ts $1,300.
1, All aceumthle omic apace choeen Dying see is treniened ts ‘VES NO 1A have baen complied with filly.
‘Ud hereby corttly tural nema!
Cortecmanernamceniiowmin | CO Bk | Syemeape net
Sener emeng nedetion a 1-11 er rear shrews
jaan
CHEE 2 7 joh2/n
2M eeniatnge beaten eewetermeeed | [] ow D Lian \Conareaiars Ue Ra,
(C1 eemnnpe. Doors ase fon rated. .
feo! :
ceteoqaitenee res nn Mentor ao x oO cape eae caoes tae nn cms ne omens
= —— Midnael” Freoty sohe)iz_
oo ——
4. Piast four fort of hat water pipe bs reulted with a+
tuted beuieton.
(Deane. usner pipe treccmatbte orto close to hot abr foe.
Seateacewie ating end maingetetmteroemes | if [] C) | ame ™ 10(PT (2
Dennen Repacand By 7 Om
siocmecctreemrees | oo of | Z
Desens Zea Og
NOTKETOOWMENS
Irepection ‘SETHE RAT NepecTiON
wrontedge and! sat
one rece tected] (OMS, 1680 Mision Swett, Oth Floor, ($5200 Filing Fee Restvad).
orn Janeagy conservation meneure 25 inPertA. | AETERTHE COMPUANCE SISPECTION ts property signed (Part Cand Part Di, prect of compliance:
‘shaliva ffecied hy eemarning & copy of the completed form far approval te Housing inepertion,
= ‘Santon, 1660 Mdlatton Savant, Sth Plege , (952.00 Piling Fee ftequired).
. AETER.I95 APPROVAL s cap ofthe epproved und complead term shell be recanted by
You he eener) or your Netherland Agent, with the San Frinciece County Racerdar’s Office,
‘Pterto-erconciaven with trenefur of tite,pacer _
ta
— RECEIVED
906-602. (1) RE, 08 (05-14) MART 6 2017
RECEIV
eft SVSMEN ———_ASESUFReme ap yED
Vga
‘This ‘notice is a request for a completed Change in
Ownership Statement. Feiture to file this statement will
reeuit Inthe assessment of a penalty. Assessor Recorder's Office
{AME AND MAILING ADORESS:
(ht smn corel re eam see)
PO Box 14040 ‘the personal representative file this statement with the Assessor
San Francisco, CA 94114 in each county where the decedent owned property at the de of
death. Fila & seperate statement for each parcel of ras! property
owned by the decedent.
arora = [BATE OF ERT
‘Constantino Spinale January 13, 2017
the decedent have sn Interest in real property in this county? if YES, ‘answer all questions. INO, sign and
Gaves_INo Spies
[Probate Code 13650 distribution __PUrsUANt to walt
[7 attiavit of death of joint tenane CX 1Action of trustee pursuant
to terms of a trust
[1 Decedent's spouse oO Decedent's registered domestic pariner
x1 de tion) o paren.) qualled for exctusion from assessment, a Cisim for Reassessment Excusion for Translr
Between Parent and Child must be fled (see instructions). -
1 Dece it for exclusion from
Grated ea aed exctuion 0 y ssesement, @ Claim for Reassessment Exclusion for Transfer from
Cena cctnant quail ection om assessment an Affe of Ctenant Residency mus be fad (ee
EOF RE ROOT OF TORTS
List names and percentage of ownership of all beneficiaries or heirs: :
NAME OF BENEFICIARY OR HERS: RELATIONSHIP TO DECEDENT
[Carol Ann Spinale: C 1
SSC RLOA SR RN‘BOE-68-AH (P1) REV. 16 (08-14)
CLAIM FOR REASSESSMENT EXCLUSION FOR
TRANSFER BETWEEN PARENT AND CHILD
ery
waren eens, sais
January 13, 2017
Serer reese ———————jemuany 13,2017
Sito Coe, co CASE ana manor 8 gud by Revenue sod Taran Gade clon Gi Tic Title 42 United
‘States Code, section 405(c)(2}(C)) which authorizes the use of sovial y numbers ‘Purposes
4
2 Social securty number(s) O34 te 0351 503 a4 Toy
3.
6. ‘Wes only 2 partial interest in the property transferred? [—] Yes CI No tyes, percentage transferred
7. Was this property owned in joint tenancy? [—] Yes Eno
8._ If the transfer was the medium of a trust, lust attach a cof the trust.
(TION
J eeetity fog center Denalty of parry under the laws of the State of Catterda ‘all information hereon, including
Seceet rare ine ieee sage bac a aes came oa pe
am a
ofmy, Peaeaence under Revenua and Taxetion Code section oo. Lf er
cas ho
>
TONG SES
PO Box 14040 415 _) 552-2042
on TE
*(BOE-SB-AH (P2) REV. 16 (05-14)
C._TRANSFEREE(SYBUYER(S) (additional transferees please complete *C" beiow)
1. Print ful name(s) of transteree(s) Carol Ann Spinale
2. Family reletionship(s) to transteror(s) Daughter
tf adopted, age at time of adoption
tf stepparent/stepchiid relationship is involved, was parent still married to or in @ registered domestic partners (registered means
‘registered with the Calforia Secretary of State) with stepparent on the date of purchase or transfer? ["] Yes ee
Wino, was the marriage or registered domestic partnership terminated by: [__] Death Co Divorce/Termination of partnership
terminated Senth hed the surviving stepparent remerried or entered into a registered domestic partnership as of he date of purchase
or transfer? < Yes [_] No
I te-aw reatonship i involved, was the sone-aw or deughterniaw sil mariod to orn a repstored domestic partnership withthe
Gaughter or son on the date of purchase or transfer? [__] Yes [_] No .
"no, was the marriage or registered domestic partnership terminated by: —] Death [—] Divorce/Termination of partnership
tragminated by death, had the suring soninlaw or daughter-Intew remarried or entered into a repistered domes partnership a8 of
the date of purchase or transfer? [__] Yes [_] No
3 ALLOCATION OF EXCLUSION (Hf the ful cash value ofthe real property transferred excoeds the one milion dollar value excusio, the
. “ransforee must spectty on an attachment fo this claim the amount and allocation ofthe excfusion that being sought) .
CERTIFICATION
aca ectre) unter penalty of peur under the lows ofthe Stato of Caltomia thet the foregolng and al rforreton hereon, cig ay
‘statements or documents, £6 rue end correct tothe best of my knowtedge end thet | am the parent or child (or ransteree's og
Be Revenen’) of the transterors listed in Section B; and thet ail of the transferees are eligible bransterees within the meening of socton 63 Far
the Revenue and Taxation Code. :
‘SUGRATURE OF TRARSPEREE OR LEGAL REPRESENTATWE Carol Ann Spinale
Omar ERR ROTATE — TE
>
‘AERC ARES 3309 Springbrook Court
Cite
CA
Note: The Assessor may contact you for additional information. :
B. ADDITIONAL TRANSFEROR(SVSELLER(S) (continued)
NAME ‘SOCIAL SECURITY NUMBER ‘SIGNATURE RELATIONSHIP
C. ADDITIONAL TRANSFEREE(S)BUYER(S) (continued)
Preview
MUA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-29-2018 3:47 pm Case Number: CGC-18-564938 Filing Date: May-29-2018 3:46 Filed by: CAROL BALISTRERI Image: 06353802 COMPLAINT CHRISTINE A. BENNETT VS. THOMAS LUCAS ET AL 001006353802 Instructions: Please place this sheet on top of the document to be scanned.Cm NY HH PF WN & YN NY YN YN NNR NK YD me mw ee Se N AUN BE DH HE FSEOeORAAAREBHA SS CHRISTINE A. BENNETT 3209 Spring Brook Ct. Oceanside, CA 92058 Telephone: (760) 458-1571 F J L E D IN PRO PER San Fanoos Gocty Super Cot MAY 29 2018 Cc F THE COURT Deputy Cleric SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY & COUNTY OF SAN FRANCISCO CHRISTINE A. BENNETT, } Case No. CGC-18-564938 Plaintiff, Verified Amended Complaint for Damages for: 1. Breach of Fiduciary Duty; 2. Professional Negligence; 3. Unfair Competition Under California Business & Professions Code § 17200; Quiet Title; and, Declaratory Relief. vs. THOMAS LUCAS, and DOES 1 through 40 inclusive, Defendants. wp ee Plaintiff CHRISTINE A. BENNETT (“Bennett”) hereby files this Complaint against defendant THOMAS LUCAS (“Lucas”), and DOES 1-40, and alleges as follows: PARTIES 1. Plaintiff Bennett is, and at all times mentioned herein was, an individual residing within the County of San Diego, State of California. 2. Defendant Lucas is, and at all times mentioned herein was, an individual residing within the County of San Francisco, State of California. Plaintiff is informed and believes, and on that basis alleges, that Lucas is a professional conservator and trustee. He claims to hold MSW and LCSW licenses, with a Certificate in Gerentology. Plaintiff is informed and believes, and on that basis alleges, that Lucas is a professional fiduciary licensed to practice in California. -i- VERIFIED COMPLAINT FOR DAMAGES qdaxvdCm IN AW RW DH NN YM NY NN NRK NH ee oo eI AANSF OHH SOE wR RAARBOKRAS ° ° 3. Various others, presently unknown to plaintiff, participated as co-conspirators with defendant in the violations of law alleged in this Complaint and have engaged in conduct and made statements in furtherance thereof. DOES 1-20 are individuals, and participated in the activity which is the subject of this action, as alleged in this Complaint. DOES 21-40 are business entities of unknown form that participated in the activity which is the subject of this action. Plaintiff does not know the true names and capacities of the defendants named in this action as DOES 1-40, and therefore sues them under fictitious names. Plaintiff will request permission to amend this Complaint to state the true names and capacities of these fictitiously named defendants when they ascertain them. Plaintiff is informed and believe, and alleges on this ground, that these fictitiously named defendants are legally responsible in some manner for the acts and omissions set forth below, and therefore are liable to them for the relief requested. 4. Plaintiff is informed and believes, and on that basis alleges, that at all times herei: mentioned each of the defendants was the agent, servant, employee, and/or co-conspirator of each of the other defendants, and, in doing the acts hereinafter alleged, was acting within the course and scope of their authority as such agent, servant, employee, and/or co-conspirator with the permission and consent of their co-defendants and, further, that the defendants, and each of them, have authorized, ratified, and approved the acts of each of the other defendants with full knowledge of those acts. JURISDICTION AND VENUE 3 Venue is proper in this judicial district, pursuant to California Code of Civil Procedure §§ 395(a). The defendants either reside, maintain an office, transact business, have an| agent, or are found in the County of San Francisco, and are within the jurisdiction of this Court for purposes of service of process. GENERAL ALLEGATIONS 6. The real property at issue is located at 625 Avalon Ave., San Francisco, CA 94112 (“the property”). A true and correct copy of the legal description of the property is attached hereto at Exhibit A. 2 VERIFIED COMPLAINT FOR DAMAGESco Oe IN DAH FB WH 10 ° ° 7. Carol Anne Spinale’s parents, Rina and Constantine (Constantine) Spinale, established a trust in about 1990, the Spinale Family Living Trust. Multiple amendments and revisions took place. Rina Spinale died in April 2008. After Rina Spinale’s death in April 2008, Lucas eventually became trustee over the Spinale Family Living Trust; this followed appointment as Constantine’s conservator, also in 2008. On January 13, 2017, Constantine passed away. 8. Under Article III, Paragraph 6 of the Sixth Amendment to the Spinale Family Living Trust (“Sixth Amendment”), one-half (1/2) of the Trust Estate, as defined by the Sixth Amendment, is to be distributed to Joseph Michael Spinale and one-half (1/2) of the Trust Estate is to be distributed to Carol Ann Spinale subject to the provisions of the “Special Needs Trust” as set out in the Fifth Amendment dated February 7, 2000. (A true and correct copy of the Sixth Amendment is attached hereto as an attachment to Exhibit B, “Exercise of Limited Power of Appointment as Specified Spinale Family Living Trust,” Art. III, 9 6.A.) In the Sixth Amendment, the Trustors indicated that the distribution to Carol Ann Spinale included a limited power of appointment by Carol Ann Spinale to “anyone other than herself, her estate, her creditors or creditors of her estate.” (See Exhibit B, Sixth Amendment, Art. III, 6.A.2.) The Sixth Amendment further states that “[t]his power of appointment can be exercised by Carol Ann] Spinale during her life or upon her death.” (See Exhibit B, Sixth Amendment, Art. III, 6.A.2.) 9. On May 20, 2007, Joseph Michael Spinale died. The Seventh Amendment to the Spinale Family Trust (“Seventh Amendment”) amended Article III, Paragraph 6 of the Sixth Amendment to indicate that the Surviving Trustor shall administer, hold, and distribute the balance of the Trust Estate for the benefit of Carol Ann Spinale, subject to the provisions of the “Special Needs Trust” as set out in the Fifth Amendment dated February 7, 2000. (A true and correct copy of the Seventh Amendment is attached hereto as an attachment to Exhibit B. “Exercise of Limited Power of Appointment as Specified Spinale Family Living Trust,” pages 1- 2.) -3- VERIFIED COMPLAINT FOR DAMAGESC7 XI DAH Bw o 11 © 3 10. On page 5 of the Seventh Amendment, it specifically states: “Ratification of Other Terms of Trust. In every other respect, the settlor confirms and ratifies the terms of the trust as stated in that certain declaration dated November 20, 1990, and all subsequent amendments.” Counsel that prepared the Seventh Amendment indicated and has stated that there| is nothing in the trustor’s case file that would indicate any intent on the trustor, his client, to change any of the terms of the Sixth Amendment, except to give Joe Michael Spinale’s share to Carol Ann Spinale (due to his death). The remaining, unchanged terms of the Sixth Amendment continued in full force and effect, including, the ability for Carol Ann Spinale to exercise her limited power of appointment. The Seventh Amendment refers to other amendments, including the Sixth Amendment, in such a manner as to incorporate the Sixth Amendment. 11. On June 12, 2017, pursuant to the Sixth Amendment, the Seventh Amendment, and California Probate Code § 652, Carol Ann Spinale exercised her limited power of appointment and appointed 100% of the Trust Estate to Christine A. Bennett. Spinale exercised her right by notice to Lucas via tracking and registered mail via the United States Post Office. On June 16, 2017, this notice was delivered to Lucas at 9:32 a.m. (A true and correct copy of the| proof of delivery is attached hereto at Exhibit C) The Sixth Amendment, as ratified by the Seventh Amendment, specified the requirements as to the manner, time, and conditions of the exercise of the limited power of appointment. Carol Ann Spinale exercised this limited power of| appointment as indicated in the ratified Sixth Amendment and by complying specifically with the requirements of the ratified Sixth Amendment. 12. Plaintiff has standing in this action pursuant to Carol Ann Spinale’s exercise of the limited power of appointment and pursuant to California Probate Code Section 48. ~4- VERIFIED COMPLAINT FOR DAMAGESCO NY DH Bw HY PRY YY NH NNN Be we we eran eB ERNE SEH UR BEETS AS © 8 FIRST CAUSE OF ACTION BREACH OF FIDUCIARY DUTY (AS TO DEFENDANT LUCAS AND DOES 1-40) 14. Plaintiff incorporates by reference paragraphs 1 through 13 above as if fully re- stated and re-alleged. 15. Given the relationship between Plaintiff and Defendant, and the trust and confidence Plaintiff reposed in Defendant, Plaintiff owed and owes a fiduciary duty to Plaintiff. Defendant Lucas, and each and every Doe Defendant, had a duty to act with the utmost good faith in the best interests of Plainti 17, Selling the property for less than what it is worth is a direct violation of California Probate Code Sections 16002, 16004(a), 16006, 16007 and the Prudent Investor Rule defined in Probate Code Sections 16045 - 16054. Pursuant to California Probate Code Section 16002, a “trustee has a duty to administer the trust solely in the interest of the beneficiaries.” Pursuant to California Probate Code Section 16004(a), a “trustee has a duty not to use or deal with the trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary.” Also, pursuant to California Probate Code Section 16006, the “trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.” And, pursuant to California Probate Code Section 16007, the “trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.” 18. Asa direct and proximate cause, result and consequence of that breach, Plaintiff suffered damages, and continues to suffer damages, in amounts according to proof at the time of tial. SECOND CAUSE OF ACTION PROFESSIONAL NEGLIGENCE (AS TO DEFENDANT LUCAS AND DOES 1-40) -5- VERIFIED COMPLAINT FOR DAMAGESCoO XQ A HA Be wWwH BNP YP YPN NNN mee oe ete et raVrFrYP He SOeUATDESH IOS © 3 19. Plaintiff incorporates by reference paragraphs 1 through 18 above as if fully re- stated and re-alleged. 20. Defendant Lucas, and each and every Doe Defendant, owed and still owes a duty of care to Plaintiff to use the skill, prudence, and diligence as other members of his profession commonly possess and exercise when it comes to managing the trust where Plaintiff was appointed 100% of the Trust Estate from Carol Ann Spinale who exercised her limited power of appointment in the Spinale Family Living Trust. 21. Defendant Lucas, and each and every Doe Defendant, was negligent in that each defendant breached their duty and failed to use the skill and care that a reasonably careful professional trustee / fiduciary would have used in similar circumstances. A reasonably careful professional trustee / fiduciary would have took steps to sell the property according to California Probate Code Sections 16002, 16004(a), 16006, and 16007 in similar circumstances. Specifically, each defendant would not have sold the property for the value described in Paragraph 13, less than what the property is worth, where, there were violations of Sections 16002, 16004(a), 16006, and 16007. 22. Asa direct and proximate cause, result and consequence of that breach, Plaintiff suffered damages, and continues to suffer damages, in amounts according to proof at the time of trial. Plaintiff’s actual loss or damage is the monies lost from the sale of the property due to each| and every defendant’s professional negligence. 23. The negligence of Defendant Lucas, and each and every Doe Defendant, was a substantial factor in causing Plaintiff harm. THIRD CAUSE OF ACTION UNFAIR COMPETITION UNDER CALIFORNIA BUSINESS & PROFESSIONS CODE § 17200 (AS TO DEFENDANT LUCAS AND DOES 1-40) 24, Plaintiff incorporates by reference paragraphs | through 23 above as if fully re- stated and re-alleged. 25. California Business and Professions Code § 17200 prohibits any “unlawful, unfair] or fraudulent business act or practice.” Defendant Lucas’ actions, and each Doe Defendants’ ~6- VERIFIED COMPLAINT FOR DAMAGESSD CON DAH eB wWwDH °°. 3 actions, in violating their fiduciary and professional duties and in violating California Probate Code Sections 15002, 16000, 16002, 16004(a), 16006, and 16007, bring the transaction at issue under Section 17200. Defendants’ improper conduct in the course of the transaction places them in violation of Section 17200. 26. Plaintiff believes, and thereon alleges, that Defendant Lucas’ actions, and each Dod Defendants’ actions, were unlawful, unfair, and fraudulent, in that Defendants violated theif fiduciary, professional, and legal duties when acting on behalf of the Spinale Family Living Trust. 27. Defendant Lucas, and each Doe Defendant, have refused and continue to refuse tol act in the best interest of the beneficiaries of the Spinale Family Living Trust when it comes to the property. 28. As a proximate result of Defendants’ unfair and fraudulent business practices, Plaintiff has been damaged in an amount to be proven at trial. FOURTH CAUSE OF ACTION QUIET TITLE (AGAINST ALL DEFENDANTS AND ALL PERSONS KNOWN OR UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, STAKE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO) 29. Plaintiff incorporates by reference paragraphs 1 through 28 above as if fully re stated and re-alleged. 30. Plaintiff has a valid interest in the Property. Caro! Ann Spinale, as a beneficiary off the Spinale Family Living Trust, has a life estate on the property. Defendant Lucas and each and| every Doe Defendant has attempted to take possession of the property by committing fraud on the court in other court actions. £ +7- VERIFIED COMPLAINT FOR DAMAGESecm N HH PB wWwH 10 th i cxhibit D in the property as Caro] Anne Spinale exercised her limited power of appointment and appointed 100% of the Trust Estate to Plaintiff. 31. Plaintiff is entitled to possession of the Property. 32. Plaintiff seeks to quiet title against the claims of Defendant Lucas, each and every Doe Defendant, and anyone else claiming an interest in the property. Defendants and any successors or assignees have no right to title or interest in the property and no right to entertain] any rights of ownership, including rights of possession. 33. Plaintiff seeks to quiet title as of June 12, 2017, the date that Carol Anne Spinald exercised her limited power of appointment and appointed 100% of the Trust Estate to Plaintiff! Plaintiff seeks a judicial determination that the title in the property is vested in Plaintiff, alone, andj that Defendants, and each of them be declared to have no interest, estate, stake, right, title or interest in the property, and that Defendants, their agents and assigns, be forever enjoined from asserting any interest, estate, stake, right, title or interest in the property. 34. Accordingly, the Court should rule that the property remains Plaintiff's property| and award damages as proven at trial. FIFTH CAUSE OF ACTION DECLARATORY RELIEF (AS TO DEFENDANT LUCAS AND DOES 1-40) 35. Plaintiff incorporates by reference paragraphs 1 through 34 above as if fully re4 stated and re-alleged. 36. Defendant Lucas, and each and every Doe Defendant, have taken actions in violation of their statutory, legal, and contractual duties. Said actions have resulted in the wrongful} possession of the property by Defendants. An actual dispute exists between Plaintiff and Defendants as the ownership of the property. 37. Due to the dispute as to the rights and interests of the parties to the property, Plaintifi] request that the Court declare the rights of the parties in this matter. Plaintiff requests that the ~8- VERIFIED COMPLAINT FOR DAMAGESoe NY DWH Bw HK» NY NYN HNN NDB oe ew - 2 — = ei ane SBRPSeCxseRaaanaESH xs ° ° Court enforce these rights with the issuance of injunctions or restraining orders, as may ba necessary, to place the parties in their proper position, with respect to their interests, if any, in the Property. Hf Mt PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant Lucas and DOES 1 through 40, and each of them, jointly and severally, as follows: 1. For actual damages in an amount to be determined at trial. For general damages in an amount to be determined at trial; For special damages in an amount to be determined at trial; For compensatory damages in an amount to be determined at trial; yk YON For consequential damages in an amount to be determined at trial; . 6. For interest provided by law including, but not limited to, California Civil Code §§| 3287, 3288; 7. For restoration of all monies acquired by Defendants in violation of California Business and Professions Code § 17200. 8. For a declaration of the rights and duties of the parties, specifically that Plaintiff is the true and rightful owner of the property. 9. To quiet title in favor of Plaintiff and against all Defendants and any other individual who claims any right, title, or interest in the property. 10. Pursuant to Business and Professions Code § 17203, that all Defendants, their] successors, agents, representatives, employees, and all persons who act in concert with them be permanently enjoined frorn committing any acts of unfair competition in violation of § 17200, including, but not limited to, the violations alleged herein. 11. For attorney’s fees; -9- VERIFIED COMPLAINT FOR DAMAGESom NIN DWH BR WN 10 ° ° 12. For costs of suit incurred herein; and, 13. For such other and further relief as the court may deem proper. Respectfully submitted, DATED: May £9, 2018 CHRISTINE A> In Pro Per VERIFICATION Ihave read the foregoing VERIFIED COMPLAINT FOR DAMAGES and know its contents. The matters stated in the foregoing Verified Complaint for Damages are true of my own knowledge, except as to the matters which are therein stated on my information or belief, and as to those matters I believe them to be true. I am the Plaintiff in this action, and am authorized to make this verification on my own behalf, and I make this verification for that reason. | am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California and the State of Florida that the foregoing is true and correct. Executed at OCEA (si DE ; California this A 9H day of May, 2018. Cae A. i T -10- VERIFIED COMPLAINT FOR DAMAGESCc C SIXTH AMENDMENT TO THE SPINALE FAMILY LIVING TRUST ARTICLE I - TRUST AMENDMENT CREATION We, CONSTANTINO J. SPINALE, and RINA SPINALE, as Trustmakers (also called “Trustors") make this Sixth Amendment on October 24, 2003, to the SPINALE FAMILY LIVING TRUST dated November 20, 1990. CONSTANTINE J. SPINALE, and RINA SPINALE are the Co-Trustees.. The SPINALE FAMILY LIVING TRUST was created on ‘November 20, 1990. It was amended August 6, 1992, April 3, 1993, April 10, 1995, July 11, 1997, and Fifth Amendment of February 7, 2000. This Sixth Amendment amends the SPINALE FAMILY LIVING TRUST. dated November 20, 1990 in its entirety. For formal correspondence, transfers of assets to the trust, this trust shall be referred to as "CONSTANTINO J. SPINALE and RINA SPINALE, Co- Trustees of the SPINALE FAMILY LIVING TRUST dated November 20, 1990 and any amendments thereto". The names and birth dates'of the Trustors’ two children are: daughter, CAROL ANN SPINALE, born May 23, 1950; and son, JOSEPH MICHAEL SPINALE, born September 27, 1953. All references to the Trustors' children shalt . include children subsequently legally adopted by the Trustors. The trust estate consists of property interests of all kinds transferred to the trust by the Trustors or any other person(s) either upon creating this trust or after. Any property conveyed or in any manner received by the trust shall retain its’ separate or community character. If the trust is revoked, property reconveyed to the Trustors, or either of them, retains the same character it had at the time of its transfer into the trust. Each Trustor's property interests are set forth in the Asset List which follows and is incorporated by reference as if set forth in whole herein: Schedule A - Conununity Property of Trustors Schedule B - Separate Property of Husband Trustor Schedule C - Separate Property of Wife Trustor While alive, the Trustors have the absolute right to amend or revoke this trust, in whole or in part, at any time. Any amendment or revocation must be in writing and delivered to the Trustees or Successor(s). Upon the death or disability of either Trustor, the surviving Trustor shall have the absolute right to amend or revoke this Trust, in whole or in part, except as to any part which is made irrevocable. Furthermore, this trust can be amended by an attorney in fact to the extent a Power of Attorney authorizes the attorney in fact to so act. The separate property of any Trustor not made irrevocable is subject to any amendment or RS. CHS EXHIBIT B- o-- ce eee ee ¢o Cc Page 2 revocation by the other Trustor except as to the interest to or for the deceased Trustor's children Prior to Marriage to the survivi ig Trustor unless that authority is granted to the Surviving Trustor in writing in this document or otherwise, End of Article 1 « Trust Creation ARTICLE II - TRUSTEES wi t fo any separate Property titled in his name alone as Trustee unless he is disabled as provided below in which case RINA SPINALE shall act as sole ‘ Teplace him or her ag Successor Trustee, Upon the death, resignation, or disability of the First Successor Trustee, the Trustors' daughter-in-law, Kim SPINALE of El Cerrito, California shall teplace him or her as next Successor Trustee, including the Power to appoint any other Person or fiduciary to serve as trustee during their lifetime, Broce D. Ketron & Associates LIVING TRUST. October 24, 2003< ° C o Pare 3 3. A Trustor/Trustee shall be deemed disabled for purposes of this trust when the continuing Trustor/Trustee or any Successor Trustee(s) receives a written and signed opinion from two licensed physicians acting independently that the Trustor/Trustee is incapacitated or disabled because of illness, age, or any other cause which results in the Trustor/Trustee's inability to effectively manage his or her property or financial affairs. A Trustor/Trustee shall also be deemed to be disabled for purposes of this agreement upon the determination of a court of competent jurisdiction that the Trustor/Trustee is incompetent, incapacitated, or otherwise legally unable to effectively manage his or her property or financial affairs. Such written opinions, when received, shall be attached to this trust instrument. Third parties may rely on the continuing Trustor/Trustee or any Successor Trustee's (s’) authority without further evidence of incapacity when this trust instrument is presented with such physicians’ statements attached. No independent licensed physician who executes a medical opinion of incapacity shall be subject to liability because of such good faith execution. The incapacitated Trustor/Trustee hereby waives any privilege that may apply to release of information included in such medica! opinion. End of Article I! - Trustees ARTICLE THT - BENEFICIARIES The Beneficiaries of this trust are the following: 1. While both Trustors are living, the Trustors, CONSTANTINO J. SPINALE and RINA SPINALE are the beneficiaries of the Trust and shall be provided the following benefits by the Trustees: : A. The Trustees shall distribute or retain the principal and net income of the community estate as the Trustors may direct. Trustees shall distribute or retain the principal and net income of a Trustor’s separate estate as that Trustor may direct. In the absence of directions from the Trustors or a Trustor, Trustees shall distribute the trust income from the community estate to one or both of the Trustors at least quarterly. B. A Trustor shall have the absolute right to remove his or her separate property, in whole or in part, from the trust at any time. A Trustor shall also have the absolute right to add to the trust Property at any time. The Trustors shall have the absolute right to remove so much of the community estate as they shall request at any time. All of these rights shall be exercised in writing Personally or by an attorney in fact. C When the Trustors are serving as Trustees, there shall be no requirement of a written request in order for them to exercise any of the above powers over distribution of income or principal of the trust. Bruce D. Ketron & Associates UVING TRUST October 24, 2003 Rs (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 9402710200882427970523 Remove x Your item was delivered at 9:32 am on June 16, 2017 in SAN FRANCISCO, CA 94114. & Delivered June 16, 2017 at 9:32 am Delivered SAN FRANCISCO, CA 94114 Tracking History v Product Information Vv See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) EXHIBIT C https://tools.usps.com/go/Tr tackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9402711 }0200882427970523%2C. 133/9/2018 ° USPS.com® - USPS Tracking® Results 9 The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. 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(https://www.facebook.com/USPS?rf=1 08501355848630) Ww (https://twitter.com/usps) (nttp://www.pinterest.com/uspsstamps/) oe (https://www.youtube.com/usps) https://tools.usps.com/go/Tr TackConfirmAction?tRef=fullpage&tLc=2&text28777=8tLabels=940271 |0200882427970523%2C 3/3RECORDING REQUESTED BY . nome an AND : Assessor-Reco WHEN RECORED MAIL TO: / Caer Cs ns aeeear ecard ‘ DOC- 2017-K525100-00 . Thuraday, OCT 12, 2017 12:10:38 O'CONNOR INSULATION & ENERGY INC. |+ Tt] Pd $21.00 jt # PO BOX 1558 ojl/JL/1-3 BURLINGAME, CA. 94011-1558 TITLE (S) CITY AND COUNTY OF SAN FRANCISCO ENERGY AND WATER CONSERVATION INSPECTION FORM NAME OF PROPERTY OWNER: Spomt Corer. Pees) Life 4ar- ASSESSOR'S PARCEL ( APN #): 5958 - 022 SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361.6 EXHIBIT DDEPARTMENT OF ounoh INSPECTION City and County of San ‘ranch Housing inspection Service Division, 1660 Mission Street, Gth Floor, FOR RECORDER'S USE ONLY ‘San Francisco, California 94103-2414 TEL (415) 558-6220 FAX (415) 558-6249 RESIDENTIAL WATER CONSERVATION INSPECTION AND CERTIFICATE OF COMPLIANCE FORM REQUIRED BY CHAPTERS 12 AND 12A OF THE SAN FRANCISCO HOUSING CODE (SFHC) PROPERTY ADDRESS G A [ A BLOCK sass” P seq ee SAwhe Cra fri uf ST TRESS 25-99 19 ‘OWNERS/SELLER HOME ADDRESS CITY, STATE SEU asin. 4S. A DEMOLITION PERMIT APPLICATION FILED ves . WF SO WHAT DATE? sunomeryee, QASINGLEFAMILY OD rworamny 1 apartment House (3 OR MORE DWELLINGS) (2 resipentiat Hore (2 conoominun REASON FOR INSPECTION: (Cy merer coNvERSION 1D maior atreration (2) conpominium conversion WILL AN ENERGY & WATER ESCROW ACCOUNT BE SET UP FOR THIS PROPERTY? Oi ves ¥ no (F VES, FOAM C MUST ALSO BE COMPLETED AND ATTACHED-WATER CONSERVATION MEASURES MUST BE INSTALLED WITHIN 180 DAYS OF TRANSFER OF TITLE.) ‘1. SHOWERHEADS YES NO NIA | Idoh all Hems ‘corplied with fully ‘Allshowerhead ratings do not exceed 2 5 gallons per minute per Section 12A10%aISFHC aoo te 371 lo hedo of Showerhends: __ : Signature: Tier Incomphance (Notin compliance [21 Exemption requested per Section 12A10 (e) SFHC. (Uicensed Physician attached) 2 AERATORS ‘All faucet and faucet aerator ratings do not exceed 2.2 gallons per ménnxe per Section 12A10 (b} SFHC ‘of Aerators { Incompilance .! Notin compliance 3 WATER CLOSETS: ‘All water closet tollet ratings donot exceed 1 28 gallons flush per Section 12A10(¢) SFHC . 11 Hatoncat propery exemption requested per Sectvan 1201100) Existing Water Closet 16 gpf exemption per ‘Section 12010 {¢} FHC. ef Water Closats Incomphance ____ Notin comphance 35gpt____ Sgpf —_ 7 opf ALEAK REPAIR Water leak inspection, through visual or water meter test, a od revealed no leaks as requiredl by Section 12A10{d) SFHC. . __ NOTICETO OWNERS AETERTHEINITIAL INSPECTION, you must file this form within 15 days, at Housing Inspection ‘do hereby certify that | have conducted the above inspection and that, tothe best of my | _5#* Vices (HIS'), 1660 Mission Street, 6th Floor, ($52 00 Filing Fee! knowledge und beltel, the above information {strue and corract {further certify that ‘AETER THE COMPLIANCE INSPECTION Is properly signed (Part C and Part D), proof of represent Ananctal interest the structure inspected, ori the sale or ashorg ngytonzarnton mors in Pare compliance shol be effected by returning «copy of the completed formn for approval to of ‘Date GETER HIS! APPEQVAL a copy of the approved and complated form shail be recorded by Smatarect nopactor we you {the owner} or your Authorized Agent, with the San Francisco County Recorder's Offa, Prlor to or concurrent with transfer of tile White- Owner ‘Yellow - Housing inspection Services. Pink - inspectorDEPARTMENT OF INSPECTION & of San Fi Housing inspection Services Division, 1008 Mission Strest, Gth Ficer, FOR RECORDER'S USE ONLY ‘San Francieco, California 86103-2414 TEL. (618) 588-6220 PAX (619) B5B-4200 SINGLE OR TWO FAMILY DWELLINGS ENERGY CONSERVATION INSPECTION AND CERTIFICATE OF COMPLIANCE FORM ie REQUIRED BY CHAPTER 12 OF THE SAN FRANCISCO HOUSING CODE (SFHC) eee O25 Avalon Avenue “458 |" o22 | “e ZBinola Canal. Ann Life. CST 74 mm SEO lie 1S A DEMOLITION PERMIT APPLICATION FRED? [J YES fi] NO . Heowmauw? WAS BUILDING BUILT AFTER JULY 1, 19787 [(] YES Br 2 wt Penmt Aggiteation tio mane Tre: Tao Mam (Ci) conponuum (MABON FOR wePECTION: CD) meer conversion —C] conpowmmnt CONVERSION MAJOR ALTERATION WAL. AN ENERGY & WATER RBCROW ACCOUNT G8 SETUP PORTER PROPERTY? [YES 61 WO (Ot yes, form C enat he completed and sttached. Energy conservation menses rest te invnatied within 180 days of wanater of ttn) NOTE: Link of required expenditures fer anergy (Conanrvation measures ts $1,300. 1, All aceumthle omic apace choeen Dying see is treniened ts ‘VES NO 1A have baen complied with filly. ‘Ud hereby corttly tural nema! Cortecmanernamceniiowmin | CO Bk | Syemeape net Sener emeng nedetion a 1-11 er rear shrews jaan CHEE 2 7 joh2/n 2M eeniatnge beaten eewetermeeed | [] ow D Lian \Conareaiars Ue Ra, (C1 eemnnpe. Doors ase fon rated. . feo! : ceteoqaitenee res nn Mentor ao x oO cape eae caoes tae nn cms ne omens = —— Midnael” Freoty sohe)iz_ oo —— 4. Piast four fort of hat water pipe bs reulted with a+ tuted beuieton. (Deane. usner pipe treccmatbte orto close to hot abr foe. Seateacewie ating end maingetetmteroemes | if [] C) | ame ™ 10(PT (2 Dennen Repacand By 7 Om siocmecctreemrees | oo of | Z Desens Zea Og NOTKETOOWMENS Irepection ‘SETHE RAT NepecTiON wrontedge and! sat one rece tected] (OMS, 1680 Mision Swett, Oth Floor, ($5200 Filing Fee Restvad). orn Janeagy conservation meneure 25 inPertA. | AETERTHE COMPUANCE SISPECTION ts property signed (Part Cand Part Di, prect of compliance: ‘shaliva ffecied hy eemarning & copy of the completed form far approval te Housing inepertion, = ‘Santon, 1660 Mdlatton Savant, Sth Plege , (952.00 Piling Fee ftequired). . AETER.I95 APPROVAL s cap ofthe epproved und complead term shell be recanted by You he eener) or your Netherland Agent, with the San Frinciece County Racerdar’s Office, ‘Pterto-erconciaven with trenefur of tite,pacer _ ta — RECEIVED 906-602. (1) RE, 08 (05-14) MART 6 2017 RECEIV eft SVSMEN ———_ASESUFReme ap yED Vga ‘This ‘notice is a request for a completed Change in Ownership Statement. Feiture to file this statement will reeuit Inthe assessment of a penalty. Assessor Recorder's Office {AME AND MAILING ADORESS: (ht smn corel re eam see) PO Box 14040 ‘the personal representative file this statement with the Assessor San Francisco, CA 94114 in each county where the decedent owned property at the de of death. Fila & seperate statement for each parcel of ras! property owned by the decedent. arora = [BATE OF ERT ‘Constantino Spinale January 13, 2017 the decedent have sn Interest in real property in this county? if YES, ‘answer all questions. INO, sign and Gaves_INo Spies [Probate Code 13650 distribution __PUrsUANt to walt [7 attiavit of death of joint tenane CX 1Action of trustee pursuant to terms of a trust [1 Decedent's spouse oO Decedent's registered domestic pariner x1 de tion) o paren.) qualled for exctusion from assessment, a Cisim for Reassessment Excusion for Translr Between Parent and Child must be fled (see instructions). - 1 Dece it for exclusion from Grated ea aed exctuion 0 y ssesement, @ Claim for Reassessment Exclusion for Transfer from Cena cctnant quail ection om assessment an Affe of Ctenant Residency mus be fad (ee EOF RE ROOT OF TORTS List names and percentage of ownership of all beneficiaries or heirs: : NAME OF BENEFICIARY OR HERS: RELATIONSHIP TO DECEDENT [Carol Ann Spinale: C 1 SSC RLOA SR RN‘BOE-68-AH (P1) REV. 16 (08-14) CLAIM FOR REASSESSMENT EXCLUSION FOR TRANSFER BETWEEN PARENT AND CHILD ery waren eens, sais January 13, 2017 Serer reese ———————jemuany 13,2017 Sito Coe, co CASE ana manor 8 gud by Revenue sod Taran Gade clon Gi Tic Title 42 United ‘States Code, section 405(c)(2}(C)) which authorizes the use of sovial y numbers ‘Purposes 4 2 Social securty number(s) O34 te 0351 503 a4 Toy 3. 6. ‘Wes only 2 partial interest in the property transferred? [—] Yes CI No tyes, percentage transferred 7. Was this property owned in joint tenancy? [—] Yes Eno 8._ If the transfer was the medium of a trust, lust attach a cof the trust. (TION J eeetity fog center Denalty of parry under the laws of the State of Catterda ‘all information hereon, including Seceet rare ine ieee sage bac a aes came oa pe am a ofmy, Peaeaence under Revenua and Taxetion Code section oo. Lf er cas ho > TONG SES PO Box 14040 415 _) 552-2042 on TE *(BOE-SB-AH (P2) REV. 16 (05-14) C._TRANSFEREE(SYBUYER(S) (additional transferees please complete *C" beiow) 1. Print ful name(s) of transteree(s) Carol Ann Spinale 2. Family reletionship(s) to transteror(s) Daughter tf adopted, age at time of adoption tf stepparent/stepchiid relationship is involved, was parent still married to or in @ registered domestic partners (registered means ‘registered with the Calforia Secretary of State) with stepparent on the date of purchase or transfer? ["] Yes ee Wino, was the marriage or registered domestic partnership terminated by: [__] Death Co Divorce/Termination of partnership terminated Senth hed the surviving stepparent remerried or entered into a registered domestic partnership as of he date of purchase or transfer? < Yes [_] No I te-aw reatonship i involved, was the sone-aw or deughterniaw sil mariod to orn a repstored domestic partnership withthe Gaughter or son on the date of purchase or transfer? [__] Yes [_] No . "no, was the marriage or registered domestic partnership terminated by: —] Death [—] Divorce/Termination of partnership tragminated by death, had the suring soninlaw or daughter-Intew remarried or entered into a repistered domes partnership a8 of the date of purchase or transfer? [__] Yes [_] No 3 ALLOCATION OF EXCLUSION (Hf the ful cash value ofthe real property transferred excoeds the one milion dollar value excusio, the . “ransforee must spectty on an attachment fo this claim the amount and allocation ofthe excfusion that being sought) . CERTIFICATION aca ectre) unter penalty of peur under the lows ofthe Stato of Caltomia thet the foregolng and al rforreton hereon, cig ay ‘statements or documents, £6 rue end correct tothe best of my knowtedge end thet | am the parent or child (or ransteree's og Be Revenen’) of the transterors listed in Section B; and thet ail of the transferees are eligible bransterees within the meening of socton 63 Far the Revenue and Taxation Code. : ‘SUGRATURE OF TRARSPEREE OR LEGAL REPRESENTATWE Carol Ann Spinale Omar ERR ROTATE — TE > ‘AERC ARES 3309 Springbrook Court Cite CA Note: The Assessor may contact you for additional information. : B. ADDITIONAL TRANSFEROR(SVSELLER(S) (continued) NAME ‘SOCIAL SECURITY NUMBER ‘SIGNATURE RELATIONSHIP C. ADDITIONAL TRANSFEREE(S)BUYER(S) (continued)