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CHRISTINE A. BENNETT ELECTRONIGALLY
3209 Spring Brook Ct.
Oceanside, CA 92058 F t L * pD :
Telephone: (760) 458-1571 oa Court of Gatifornia,
IN PRO PER. 04/20/2018
Clerk of the q
BY: DAVID YUEN
ourt
Depluty Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY & COUNTY OF SAN-DIEGO-
SAN FRANCISCO
CHRISTINE A. BENNETT, } Case No, CGC-18-564938
Plaintiff, } REQUEST FOR JUDICIAL NOTICE IN
) SUPPORT OF OPPOSITION TO
vs. } DEMURRER
THOMAS LUCAS, and DOES 1 through 40 }
oe } mewn
Defendants. Dept: 302
TO THE HONORABLE COURT AND TO ALL COUNSEL OF RECORD:
Pursuant to California Evidence Code § 452(d) and California Rule of Court 3.1113(1),
Cross-Defendant LaTanya D, Flowers requests that the court take judicial notice of:
1. Declaration in Re The Spinale Family Living Trust and Amendments, signed by
Attomey Gary R. Licberman, filed on August 10, 2017, in Case No. PTR-08-291568
with the San Francisco Superior Court. A true and correct copy of the Declaration is
attached near the back of Exhibit A.
DATED: April 22, 2018
> In Pro Per
-1-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO
DEMURREROA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-10-2017 11:09 am
Case Number: PTR-08-291568
Filing Date: Aug-10-2017 11:09
Filed by: LYDIA PAREDES
Image: 05980847
DECLARATION
IN THE MATTER OF THE SPINALE FAMILY TRUST
001P05980847
Instructions:
Please place this sheet on top of the document to be scanned.
EXHIBIT ACHATS BERVETT / ;
GIANT ER.
32049 SPUNL BRoK cr. FA didi
2 OF 208 8 of San Francisco
Gee Oe eect AUG 10 2017
CLERK.QF THE COURT
a ibaa Deputy Clark
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
caseNo. PTR~ 08-29 1S6B
SPrvace. Fa urly
TR TT
Dicunaerco® OF INTENT.DECLARATION OF INTENT
INALE
TO ALL PERSONS, be it known that I, CAROL ANN SPI
("Grantor"), under threat of perjury do hereby declare ee t
granted to CHRISTINE ALISON BENNETT (“Grantee”) « Ae ep
voluntarily and conveniently, for reasons best known to me, the
property known as 625 Avalon Street, San Francisco CA 94112, of my
own free will and choice, pursuant to a Warranty Deed on 6/26/2017
recorded in San Francisco County California as Deed ¥2017-K432854-
00, pursuant to Beneficiary Rights granted me in the Spinale
Family Trust, the Restated Trust dated 10/24/2003. Paragraph 6A
of Article III in said Trust gave me a limited power of
appointment to dispose of Trust assets given for my use.
Specifically, the Trust states that: “the Trustors provide that
this distribution to their daughter CAROL ANN SPINALE is amended
to include a limited power of appointment by CAROL ANN SPINALE to
anyone other than herself, her estate, or her creditors or
creditors of her estate. This power of appointment can be
exercised by CAROL ANN SPINALE during her life or upon her death”
I further certify that I. have a Declaration from Attorney
Gary Lieberman (ineluded) that the power of appointment is proper
and was ratified and confirmed by the subsequent Seventh Amendment
to the Trust written by him. Specifically, the Seventh Amendment
states that “Upon the death of the Surviving Trustor, the
Successor Trustee shall hold, administer and distribute the
balance of the Trust Estate for the benefit of Trustor’s daughter
CAROL ANN SPINALE” and further “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.” Further, that I am competent and with
full mental capacity to make such an appointment, as certified by
my Doctors in the attached Statement (included) .
Signed this day of Aleg: 2ol7 , 2017; >
at City of OCCHWS/O2 __, county of GH. SAN O25 Dd
State of CALIFORNIA.
CAROL ANN SPINGENERAL ACKNOWLEDGEMENT
state oF Cor |e Corte
t ss.
COUNTY OF Dea diego
on — Of = OF an 2017, before me, the undersigned, a Notary
Public in and for said County and state, personally appeared CAROL ANN
SPINALE, who proved to me on the basis of satisfactory evidence to be the
person(s) viiose name(s) is/are subscribed to the within instrument and
acknowledged to me that they ‘executed the same in their authorized capacity,
and that by their signature on the instrument the person, or the entity upon
pehalf of which the persons acted, executed the instrument.
L certify under PENALTY OF PERJURY under the lave of the state of California
that the foregoing paragraph. is trie and correct.
WITNESS ae and official seal.
FERUZ GESREMESKER TEWELDE
| “agecey
er machvon ESA | TE
oot ~--Graybill --— rT
— Medical Groop
eee '
32S East Second Avenue
Sacondido CA 92025-4249
RE}
April 26, 2017
Re:
Carol Spinate
3209 Spring Brook Court
Oceanside, CA 92088
To Whom It May Concern,
Ms. Carol Spinale is alert and oriented to time, person, and place. She can make her own
medical and financial decisions. For further medical or mental information, you wilf have t<
obtain consent from the patient and request the appropriate records,
SG he.
Letter prepared by Jenny Luu
tinale DOB; 05/23/1950GARY R. LIEBERMAN, ESQ. CSB 71684
‘The Law Offices of Gary R. Lieberman
1615 Hill Road, Suite One
ss eS Seg
‘elephone: (415) 897-:
Faesitnite: (415) 897-3335
Enanil: gli
1, GARY R. LIEBERMAN, declare:
¥, Laman Attomey at Law duly licensed to practice before alll of the Courts of this State
since 1976, and former Attomey for Constantino J. Spinate and Rina Spinale (“clicnts.”).
2. I.prepared a Seventh Amendaent to The Spinale Farnily Living Trust which was executed
by my clients on October 2, 2007. :
3. ‘Based upon a review of my case file, it appears as though the reason for the Seventh
Amendment was the death of my clients’ son, Joe Michael Spinale.
I find nothing in my case file that would indicate any intent on tbe part of my client's to
change any of the terms of the Sixth Amendment, except as hereinabove set forth, giving
Joe Michae! Spinale’s share to Carol Anne Spinale.
‘The Seventh Amendment speaks for itself as to the intent of my clients wherein it states
on page 5, “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.”
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated; August 4, 2017
, Gary & LiebermanHon = TN eae
AS74119 O50 STMONRO OERNE
wr CLDA aN
can
EIN
Preview
ean Aue wn = zs CHRISTINE A. BENNETT ELECTRONIGALLY 3209 Spring Brook Ct. Oceanside, CA 92058 F t L * pD : Telephone: (760) 458-1571 oa Court of Gatifornia, IN PRO PER. 04/20/2018 Clerk of the q BY: DAVID YUEN ourt Depluty Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY & COUNTY OF SAN-DIEGO- SAN FRANCISCO CHRISTINE A. BENNETT, } Case No, CGC-18-564938 Plaintiff, } REQUEST FOR JUDICIAL NOTICE IN ) SUPPORT OF OPPOSITION TO vs. } DEMURRER THOMAS LUCAS, and DOES 1 through 40 } oe } mewn Defendants. Dept: 302 TO THE HONORABLE COURT AND TO ALL COUNSEL OF RECORD: Pursuant to California Evidence Code § 452(d) and California Rule of Court 3.1113(1), Cross-Defendant LaTanya D, Flowers requests that the court take judicial notice of: 1. Declaration in Re The Spinale Family Living Trust and Amendments, signed by Attomey Gary R. Licberman, filed on August 10, 2017, in Case No. PTR-08-291568 with the San Francisco Superior Court. A true and correct copy of the Declaration is attached near the back of Exhibit A. DATED: April 22, 2018 > In Pro Per -1- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEMURREROA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-10-2017 11:09 am Case Number: PTR-08-291568 Filing Date: Aug-10-2017 11:09 Filed by: LYDIA PAREDES Image: 05980847 DECLARATION IN THE MATTER OF THE SPINALE FAMILY TRUST 001P05980847 Instructions: Please place this sheet on top of the document to be scanned. EXHIBIT ACHATS BERVETT / ; GIANT ER. 32049 SPUNL BRoK cr. FA didi 2 OF 208 8 of San Francisco Gee Oe eect AUG 10 2017 CLERK.QF THE COURT a ibaa Deputy Clark SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO caseNo. PTR~ 08-29 1S6B SPrvace. Fa urly TR TT Dicunaerco® OF INTENT.DECLARATION OF INTENT INALE TO ALL PERSONS, be it known that I, CAROL ANN SPI ("Grantor"), under threat of perjury do hereby declare ee t granted to CHRISTINE ALISON BENNETT (“Grantee”) « Ae ep voluntarily and conveniently, for reasons best known to me, the property known as 625 Avalon Street, San Francisco CA 94112, of my own free will and choice, pursuant to a Warranty Deed on 6/26/2017 recorded in San Francisco County California as Deed ¥2017-K432854- 00, pursuant to Beneficiary Rights granted me in the Spinale Family Trust, the Restated Trust dated 10/24/2003. Paragraph 6A of Article III in said Trust gave me a limited power of appointment to dispose of Trust assets given for my use. Specifically, the Trust states that: “the Trustors provide that this distribution to their daughter CAROL ANN SPINALE is amended to include a limited power of appointment by CAROL ANN SPINALE to anyone other than herself, her estate, or her creditors or creditors of her estate. This power of appointment can be exercised by CAROL ANN SPINALE during her life or upon her death” I further certify that I. have a Declaration from Attorney Gary Lieberman (ineluded) that the power of appointment is proper and was ratified and confirmed by the subsequent Seventh Amendment to the Trust written by him. Specifically, the Seventh Amendment states that “Upon the death of the Surviving Trustor, the Successor Trustee shall hold, administer and distribute the balance of the Trust Estate for the benefit of Trustor’s daughter CAROL ANN SPINALE” and further “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.” Further, that I am competent and with full mental capacity to make such an appointment, as certified by my Doctors in the attached Statement (included) . Signed this day of Aleg: 2ol7 , 2017; > at City of OCCHWS/O2 __, county of GH. SAN O25 Dd State of CALIFORNIA. CAROL ANN SPINGENERAL ACKNOWLEDGEMENT state oF Cor |e Corte t ss. COUNTY OF Dea diego on — Of = OF an 2017, before me, the undersigned, a Notary Public in and for said County and state, personally appeared CAROL ANN SPINALE, who proved to me on the basis of satisfactory evidence to be the person(s) viiose name(s) is/are subscribed to the within instrument and acknowledged to me that they ‘executed the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon pehalf of which the persons acted, executed the instrument. L certify under PENALTY OF PERJURY under the lave of the state of California that the foregoing paragraph. is trie and correct. WITNESS ae and official seal. FERUZ GESREMESKER TEWELDE | “agecey er machvon ESA | TE oot ~--Graybill --— rT — Medical Groop eee ' 32S East Second Avenue Sacondido CA 92025-4249 RE} April 26, 2017 Re: Carol Spinate 3209 Spring Brook Court Oceanside, CA 92088 To Whom It May Concern, Ms. Carol Spinale is alert and oriented to time, person, and place. She can make her own medical and financial decisions. For further medical or mental information, you wilf have t< obtain consent from the patient and request the appropriate records, SG he. Letter prepared by Jenny Luu tinale DOB; 05/23/1950GARY R. LIEBERMAN, ESQ. CSB 71684 ‘The Law Offices of Gary R. Lieberman 1615 Hill Road, Suite One ss eS Seg ‘elephone: (415) 897-: Faesitnite: (415) 897-3335 Enanil: gli 1, GARY R. LIEBERMAN, declare: ¥, Laman Attomey at Law duly licensed to practice before alll of the Courts of this State since 1976, and former Attomey for Constantino J. Spinate and Rina Spinale (“clicnts.”). 2. I.prepared a Seventh Amendaent to The Spinale Farnily Living Trust which was executed by my clients on October 2, 2007. : 3. ‘Based upon a review of my case file, it appears as though the reason for the Seventh Amendment was the death of my clients’ son, Joe Michael Spinale. I find nothing in my case file that would indicate any intent on tbe part of my client's to change any of the terms of the Sixth Amendment, except as hereinabove set forth, giving Joe Michae! Spinale’s share to Carol Anne Spinale. ‘The Seventh Amendment speaks for itself as to the intent of my clients wherein it states on page 5, “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.” I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated; August 4, 2017 , Gary & LiebermanHon = TN eae AS74119 O50 STMONRO OERNE wr CLDA aN can EIN