Preview
Edward McCutchan (SBN 119376)
SUNDKRLAND McCUTCHAN, LLP
i
1083 Vine Street, Suite 907
Healdsburg, CA 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
Attorneys for Defendants
LOUIS M. FOPPIANO, an individual and as Trustee of The
Helaine Noreen Foppiano and Louis Michael Foppiano 1997
Trust dated December 23, 1997, HELAINE N. FOPPIANO,
an individual and as Trustee of The Helaine Noreen Foppiano and
Louis Michael Foppiano 1997 Trust dated December 23, 1997,
PAUL FOPPIANO, an individual, GINA M. HOCKER, an individual
and as Trustee of the Gina Marie Hocker Revocable Trust dated September 25, 2015
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SONOMA
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SUSAN FOPPIANO VALERA, an ) CASE NO. SCV-269355
individual, )
15 DECLARATION OF EDWARD
Plaintiff, McCUTCHAN CONCERNING THK
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COURT'S MARCH 1, 2023 MINUTE
17 ORDER
18 LOUIS M. FOPPIANO, an individual and as Date: March 29, 2023
Trustee of The Helaine Noreen Foppiano and Time: 3:00 p.m.
Louis Michael Foppiano 1997 Trust dated Dept.: 18
20 December 23, 1997, HELAINE N.
FOPPIANO, an individual and as Trustee of )
21 The Helaine Noreen Foppiano and Louis
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Michael Foppiano 1997 Trust dated
December 23, 1997, PAUL FOPPIANO, an
23 individual, GINA M. HOCKER, an individual )
and as Trustee of the Gina Marie Hocker
Revocable Trust dated September 25, 2015, all ~
25 persons unknown claiming any interest in the
property, and DOES I — 20,
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Defendants.
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DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER
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I, Edward McCutchan declare as follows:
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l. I am an attorney duly licensed to practice before all courts of the State of California,
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am a partner with the Law Offices of Sunderland McCutchan, LLP, and represent all defendants
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in this action. If called as a witness, I am competent to testify to the following facts.
6 2. On March I, 2023, there was a court hearing in this matter which no party contested
the court's tentative ruling that came out the day prior to March I, 2023. A true and correct copy
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of the court's March 1, 2023 minute order is attached as Exhibit "I" to this declaration which the
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court may take judicial notice of.
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3. On March 2, 2023, my office served a signed March 2, 2023 copy of Gary Weiner's
12 declaration (defendants'roposed partition referee in this action) on plaintiff Susan Valera's
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counsel, Gregory Wayland, via electronic mail. My office submitted Gary Weiner's signed
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March 2, 2023 declaration to One Legal for e-filing with the Sonoma County Superior Court
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Clerk in this action on March 2, 2023.
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17 4. As of the date of this declaration, I have not received the filed declaration of Gary
Weiner referenced above from the Sonoma County Superior Court clerk.
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5. As of the date of this declaration, I have not received any declaration of any proposed
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partition referee of Susan Valera in this action, be it Linda Pond or anyone else.
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22 I declare under the penalty of perjury, under the laws of the State of California that the
23 foregoing is true and correct.
Date: March ~f,2023 SUNDERLAND ~
c UTCHAN, LLP
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Edward McC tchan
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Attorneys for efendants
28 Louis M. Fop Lanno, et al.
DECLARATION OF EDWARD McCUTCI4AN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER
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CC
Superior Court of California, County of Sonoma
MINUTE ORDERS
SCV-2612355
VALERA VS ROPPIANO
Date of Hearing: March 01, 2023 Motion
Time: 3:00 PM Courtroom 18
Judicial Officer: Christopher M. Honigsberg Courtroom Clerk: Blizabeth Maldonado
Court Reporter: None
Parties Present
There are no appearances.
Law and Motion Calendar
Issues: Motion
There being no opposition to the Court's tentative ruling and no request for oral argument,
the Court ADOPTS its previously published tentative ruling as follows:
This matter is on for hearing on the issue of the appointment of a partition referee.
The Court previously ordered the patsies to submit nominations for a partition referee if the
parties werc unable to reach a stipulation. Prior to the January 6, 2023, headng, Plaintiff
submitted the nomination of Linda Pond for partition referee, However, the Court continued
the hearing because Plaintiff failed to comply with the Court's instnictions for the
parties'ominations,
which required:
The parties'ubmissions must include adequate information about the
noniinees'ualifications,
compensation requirements, and willingness to act as the referee.
Pudheimore, the Court will require the referee to post a bond; thus, the nominees
must confirm their consent and ability to do so.
(See October 14, 2022 Minute Order,) Plaintiff's counsel had simply submitted his own
declaration that Linda Pond is wiithig to serve as the Coitrt's referee and willing to post a
bond. The Cecil found that tliis wss insufficient to support appointing Linda Pond without a
declaration of Linda Pond in confirmation,
Plaintiff's counsel appeared at the January 6th hearing and objected to the
continuance because Linda Pond was present at the hearing and ready to make such
dccl4tratiotls. However, the niatter was being heard by a visiting judge and the visiting judge
believed a continuance for the matter to be heard by the Department 18 judge was best.
Since the last hearing, Plaintiff s counsel has still not submitted a declaration by
Geneeaied: 9/2/2023 9;29ae AM ilgage
Linda Pond, thus Plaintiff's nomination still does not comply with the Court's previously
stated requirements.
Defendants have submitted the declaration of defense counsel Edward McCutchan
concerning the willingness of Gary Weiner to be the partition referee in this matter. This
nomination also does not comply with the previously stated requirements for the
parties'ominations.
A declaration by a party's counsel alone is insufficient to support the Court's
appointment of a nominee.
Since neither party has submitted a sufficient nomination for partition referee, this
matter is CONTINUED lo March 29, 2023 at 3:00 pm in order for the parties to submit a
declaration from the nominee. Any declaration from a proposed nominee must be filed by
March 10, 2023, Any objection to a nominee must be filed by March 17, 2023.
Hcarina Events/Documents Filed:
- Court announces tentative decision
- The Court adopts its previously published tentative ailing
-Brtd or Mtnuto Order-
Next Hcarltia(si - iafcrraaticn current as of March 02, 2023:
March 2 i, 2023 3:00 PM
Casa Managcntcct Ccc fcrcacc
Ccutxrccrn 18
Hccigsbcrg, Christopher M.
March 29, 2023 3:00 PM
Motion
Cent'lI'ccai 18
Hcaigsbcrg, Christopher M,
7'or urn re irrfuor srr leo ph'ore sou rrrrr lire Clrrl 's OfJlre srr (797) 52 7-65II9 der lug efprriol (orsi sr ss llrr Ii) r.
r su 4 s, drur tLrlufu. searle, ea gl Ix
Generated: 3/2/2923 9:29:44 AM 2it'sue
SCV-269355
PROOF OF SERVICE BY MAIL
I certify that I am an employee of the Superior Court of California, County of Sonoma,
and that my business address is 600 Administration Drive, Santa Rosa, CA 95403; that I am not
a patty to this cause; that I am over the age of 18 years; that I am readily familiar with this
office's practice for collection and processing of correspondence for mailing with the United
States Postal Service; and that on the date shown below I placed a true copy of the attached
Minute Orders in an envelope, sealed and addressed as shown below, for collection and mailing
at Santa Rosa, California, first class, postage fully prepaid, following ordinary business practices.
Date; March 02, 202'I
Robert Oliver,
Clerk of the Coutt
By, ELuz~ ltrlaLdoetazdto-
Blizabeth Maldonado, Deputy Clerk
-ADDRBSSEBS-
B EDWARD MCCUTCHAN JR GREGORY WAYLAND
SUNDERLAND k MCCUTCHAN ATTORNEYS REAL ESTATE GROUP
EDWARD MCCUTCHAN APC
l 083 VINB STREET SUITE 907 905 HIGHLAND POINTE DR SUITB 100
HBALDSBURG CA 95448 ROSEVILLE CA 95678
Generated: 3/2/2023 9;29:4e AM slrase
PROOF OF SERVICE
(CCP sections 1011, 1012, 1012.5, 1013)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
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I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18
6 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907,
Healdsburg, California 95448.
On this date March, 2023, I served the within DECLARATION OF EDWARD
McCUTCHAN CONC RNING THK COURT'S MARCH I, 2023 MINUTE ORDER on the
9 interested parties in said action, including a true copy thereof, and served the same on the
parties/counsel addressed as follows:
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SKK ATTACHED SERVICE LIST
12 The following is the procedure in which service of this document was affected:
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U.S. Postal Seivice - placing such envelope(s) with postage thereon fully prepaid
in the designated area for outgoing mail in accordance with this office's practice,
whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg,
15 California, after the close of the day's business.
16 Electronic Mail - I transmitted such documents(s) to the addressees at the below
E-Mail addresses:
17
Facsimile - I transmitted such documents(s) to the addressee(s) at the following
18 facsimile number(s):
19 One Legal's electronic seivice program. Using One Legal's electronic
transmission program, a true and correct copy of the documents was served on all
20 counsel by e-mailing 8 copy to each addressee named below.
21 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at
the address(es) set forth below.
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I declare under penalty of perjury that the foregoing is true and correct and this document
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is executed at Healdsburg, California on March, 2023.
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- -- - HcxcQz /.4.
EDWARD M CUTCHAN
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DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER
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SERVICE LIST
SUSAN FOPPIANO VALERA v. LOUIS M. FOPPIANO, ET AL.
Sonoma County Superior Cont% Case No. SCV-269355
Attorneys for Plaintiff, Susan Foppiano Valera, an individual
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Gregory P. Wayland, Esq.
6 Attorneys Real Estate Group, APC
905 Highland Pointe Drive, Suite 100
Roseville, CA 95678
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Tel: (916) 671-3138
9 E-Mail:GWavlandNattornevsre.corn
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DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER
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Preview
Edward McCutchan (SBN 119376) SUNDKRLAND McCUTCHAN, LLP i 1083 Vine Street, Suite 907 Healdsburg, CA 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 Attorneys for Defendants LOUIS M. FOPPIANO, an individual and as Trustee of The Helaine Noreen Foppiano and Louis Michael Foppiano 1997 Trust dated December 23, 1997, HELAINE N. FOPPIANO, an individual and as Trustee of The Helaine Noreen Foppiano and Louis Michael Foppiano 1997 Trust dated December 23, 1997, PAUL FOPPIANO, an individual, GINA M. HOCKER, an individual and as Trustee of the Gina Marie Hocker Revocable Trust dated September 25, 2015 10 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SONOMA 13 SUSAN FOPPIANO VALERA, an ) CASE NO. SCV-269355 individual, ) 15 DECLARATION OF EDWARD Plaintiff, McCUTCHAN CONCERNING THK 16 COURT'S MARCH 1, 2023 MINUTE 17 ORDER 18 LOUIS M. FOPPIANO, an individual and as Date: March 29, 2023 Trustee of The Helaine Noreen Foppiano and Time: 3:00 p.m. Louis Michael Foppiano 1997 Trust dated Dept.: 18 20 December 23, 1997, HELAINE N. FOPPIANO, an individual and as Trustee of ) 21 The Helaine Noreen Foppiano and Louis 22 Michael Foppiano 1997 Trust dated December 23, 1997, PAUL FOPPIANO, an 23 individual, GINA M. HOCKER, an individual ) and as Trustee of the Gina Marie Hocker Revocable Trust dated September 25, 2015, all ~ 25 persons unknown claiming any interest in the property, and DOES I — 20, 26 Defendants. 27 28 DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER I I, Edward McCutchan declare as follows: 2 l. I am an attorney duly licensed to practice before all courts of the State of California, 3 am a partner with the Law Offices of Sunderland McCutchan, LLP, and represent all defendants ~ 4 in this action. If called as a witness, I am competent to testify to the following facts. 6 2. On March I, 2023, there was a court hearing in this matter which no party contested the court's tentative ruling that came out the day prior to March I, 2023. A true and correct copy 8 of the court's March 1, 2023 minute order is attached as Exhibit "I" to this declaration which the 9 court may take judicial notice of. 10 3. On March 2, 2023, my office served a signed March 2, 2023 copy of Gary Weiner's 12 declaration (defendants'roposed partition referee in this action) on plaintiff Susan Valera's 13 counsel, Gregory Wayland, via electronic mail. My office submitted Gary Weiner's signed 14 March 2, 2023 declaration to One Legal for e-filing with the Sonoma County Superior Court 15 Clerk in this action on March 2, 2023. 16 17 4. As of the date of this declaration, I have not received the filed declaration of Gary Weiner referenced above from the Sonoma County Superior Court clerk. 19 5. As of the date of this declaration, I have not received any declaration of any proposed 20 partition referee of Susan Valera in this action, be it Linda Pond or anyone else. 21 22 I declare under the penalty of perjury, under the laws of the State of California that the 23 foregoing is true and correct. Date: March ~f,2023 SUNDERLAND ~ c UTCHAN, LLP 25 26 Edward McC tchan 27 Attorneys for efendants 28 Louis M. Fop Lanno, et al. DECLARATION OF EDWARD McCUTCI4AN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER 2 CC Superior Court of California, County of Sonoma MINUTE ORDERS SCV-2612355 VALERA VS ROPPIANO Date of Hearing: March 01, 2023 Motion Time: 3:00 PM Courtroom 18 Judicial Officer: Christopher M. Honigsberg Courtroom Clerk: Blizabeth Maldonado Court Reporter: None Parties Present There are no appearances. Law and Motion Calendar Issues: Motion There being no opposition to the Court's tentative ruling and no request for oral argument, the Court ADOPTS its previously published tentative ruling as follows: This matter is on for hearing on the issue of the appointment of a partition referee. The Court previously ordered the patsies to submit nominations for a partition referee if the parties werc unable to reach a stipulation. Prior to the January 6, 2023, headng, Plaintiff submitted the nomination of Linda Pond for partition referee, However, the Court continued the hearing because Plaintiff failed to comply with the Court's instnictions for the parties'ominations, which required: The parties'ubmissions must include adequate information about the noniinees'ualifications, compensation requirements, and willingness to act as the referee. Pudheimore, the Court will require the referee to post a bond; thus, the nominees must confirm their consent and ability to do so. (See October 14, 2022 Minute Order,) Plaintiff's counsel had simply submitted his own declaration that Linda Pond is wiithig to serve as the Coitrt's referee and willing to post a bond. The Cecil found that tliis wss insufficient to support appointing Linda Pond without a declaration of Linda Pond in confirmation, Plaintiff's counsel appeared at the January 6th hearing and objected to the continuance because Linda Pond was present at the hearing and ready to make such dccl4tratiotls. However, the niatter was being heard by a visiting judge and the visiting judge believed a continuance for the matter to be heard by the Department 18 judge was best. Since the last hearing, Plaintiff s counsel has still not submitted a declaration by Geneeaied: 9/2/2023 9;29ae AM ilgage Linda Pond, thus Plaintiff's nomination still does not comply with the Court's previously stated requirements. Defendants have submitted the declaration of defense counsel Edward McCutchan concerning the willingness of Gary Weiner to be the partition referee in this matter. This nomination also does not comply with the previously stated requirements for the parties'ominations. A declaration by a party's counsel alone is insufficient to support the Court's appointment of a nominee. Since neither party has submitted a sufficient nomination for partition referee, this matter is CONTINUED lo March 29, 2023 at 3:00 pm in order for the parties to submit a declaration from the nominee. Any declaration from a proposed nominee must be filed by March 10, 2023, Any objection to a nominee must be filed by March 17, 2023. Hcarina Events/Documents Filed: - Court announces tentative decision - The Court adopts its previously published tentative ailing -Brtd or Mtnuto Order- Next Hcarltia(si - iafcrraaticn current as of March 02, 2023: March 2 i, 2023 3:00 PM Casa Managcntcct Ccc fcrcacc Ccutxrccrn 18 Hccigsbcrg, Christopher M. March 29, 2023 3:00 PM Motion Cent'lI'ccai 18 Hcaigsbcrg, Christopher M, 7'or urn re irrfuor srr leo ph'ore sou rrrrr lire Clrrl 's OfJlre srr (797) 52 7-65II9 der lug efprriol (orsi sr ss llrr Ii) r. r su 4 s, drur tLrlufu. searle, ea gl Ix Generated: 3/2/2923 9:29:44 AM 2it'sue SCV-269355 PROOF OF SERVICE BY MAIL I certify that I am an employee of the Superior Court of California, County of Sonoma, and that my business address is 600 Administration Drive, Santa Rosa, CA 95403; that I am not a patty to this cause; that I am over the age of 18 years; that I am readily familiar with this office's practice for collection and processing of correspondence for mailing with the United States Postal Service; and that on the date shown below I placed a true copy of the attached Minute Orders in an envelope, sealed and addressed as shown below, for collection and mailing at Santa Rosa, California, first class, postage fully prepaid, following ordinary business practices. Date; March 02, 202'I Robert Oliver, Clerk of the Coutt By, ELuz~ ltrlaLdoetazdto- Blizabeth Maldonado, Deputy Clerk -ADDRBSSEBS- B EDWARD MCCUTCHAN JR GREGORY WAYLAND SUNDERLAND k MCCUTCHAN ATTORNEYS REAL ESTATE GROUP EDWARD MCCUTCHAN APC l 083 VINB STREET SUITE 907 905 HIGHLAND POINTE DR SUITB 100 HBALDSBURG CA 95448 ROSEVILLE CA 95678 Generated: 3/2/2023 9;29:4e AM slrase PROOF OF SERVICE (CCP sections 1011, 1012, 1012.5, 1013) STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) 5 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18 6 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907, Healdsburg, California 95448. On this date March, 2023, I served the within DECLARATION OF EDWARD McCUTCHAN CONC RNING THK COURT'S MARCH I, 2023 MINUTE ORDER on the 9 interested parties in said action, including a true copy thereof, and served the same on the parties/counsel addressed as follows: 10 SKK ATTACHED SERVICE LIST 12 The following is the procedure in which service of this document was affected: 13 U.S. Postal Seivice - placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this office's practice, whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg, 15 California, after the close of the day's business. 16 Electronic Mail - I transmitted such documents(s) to the addressees at the below E-Mail addresses: 17 Facsimile - I transmitted such documents(s) to the addressee(s) at the following 18 facsimile number(s): 19 One Legal's electronic seivice program. Using One Legal's electronic transmission program, a true and correct copy of the documents was served on all 20 counsel by e-mailing 8 copy to each addressee named below. 21 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at the address(es) set forth below. 22 23 I declare under penalty of perjury that the foregoing is true and correct and this document 25 is executed at Healdsburg, California on March, 2023. - 27 - -- - HcxcQz /.4. EDWARD M CUTCHAN 28 DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER 3 SERVICE LIST SUSAN FOPPIANO VALERA v. LOUIS M. FOPPIANO, ET AL. Sonoma County Superior Cont% Case No. SCV-269355 Attorneys for Plaintiff, Susan Foppiano Valera, an individual 5 Gregory P. Wayland, Esq. 6 Attorneys Real Estate Group, APC 905 Highland Pointe Drive, Suite 100 Roseville, CA 95678 8 Tel: (916) 671-3138 9 E-Mail:GWavlandNattornevsre.corn 10 12 13 15 16 17 18 19 20 21 22 23 25 26 27 28 DECLARATION OF EDWARD McCUTCHAN CONCERNING THE COURT'S MARCH I, 2023 MINUTE ORDER 4