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CURTIS V. RODRIGUEZ, ESQ. SBN 113198
1625 The Alameda. Suite 800
San Jose, California 95126
Tel: (408) 838-1539
Attorney for Plaintiff
JESUS GAONA
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
JESUS GAONA, OLGA GAONA Case No.
10 BURCH, Attorneys in Fact for
GRACIELA GAONA, COMPLAINT TO QUIET TITLE AND
11 DECLARATORY RELIEF
Plaintiffs, (CCP sections 760.020, 1060)
12 Vv.
13 273 KENBROOK CIRCLE,
14
Defendant.
15
16
Plaintiff alleges as follows:
17
18 PRELIMINARY ALLEGATIONS
19 1 Plaintiff OLGA GAONA BURCH is, and all times herein, was a resident of Santa Clara
20 County. Plaintiff JESUS GAONA is the son of JESUS GAONA, decedent. Hereinafter,
21 the Plaintiff JESUS GAONA shall be differentiated from his deceased father by stating
22
the name “JESUS GAONA,” followed by term “decedent.”
23
The real property at issue is located at 273 Kenbook Circle, San Jose, California in the
24
county of Santa Clara. A copy of the legal description is attached hereto as Exhibit 1.
25
26 The Court has jurisdiction in this matter as the matter concerns real property in excess of
27 the statutory minimum.
28 4. This is the proper venue for this matter because the real property at issue is located in
Complaint for Quiet Title and Declaratory Relief
Santa Clara County.
FIRST CAUSE OF ACTION
Quiet Title
On April 16, 2004, JESUS GAONA, decedent and his wife GRACIELA GAONA
purchased the real property located at 273 Kenbrook Circle, San Jose, California located
in the county of Santa Clara (hereinafter 273 Kenbrook Circle) in Joint Tenancy. A copy
of the Grant Deed is attached hereto as Exhibit 2 and fully incorporated by reference.
On October 30, 2021, GRACIELA GAONA executed a joint power of attorney in favor
of JESUS GAONA and OLGA GAONA BURCH. Any action taken by the attorneys in
10
fact had to be carried out jointly. Any transfer would have to have had both co-attorneys
11
in fact execute the Quitclaim Deed. A copy of this Power of Attorney is attached hereto
12
as Exhibit 3 and fully incorporated herein by reference.
13
14 On August 4, 2022, JESUS GAONA executed a Quitclaim Deed, under his authority as
15 attorney in fact, to grant the interest of GRACIELA GAONA in 273 Kenbrook Circle, in
16 favor of himself. However, this transfer was invalid as it was not executed by the co-
17
attorney in fact OLGA GAONA BURCH. A copy of this Quitclaim Deed is attached as
18
Exhibit 4 and fully incorporated herein by reference.
19
Once JESUS GAONA found out that he could not properly and validly quitclaim the
20
interest of GRACIELA GAONA to himself, he prepared a Quitclaim Deed to transfer
21
22 back the interest that he had taken under the Quitclaim Deed of August 4, 2022. He
23 executed and filed a Quitclaim Deed back to GRACIELA GAONA and JESUS GAONA,
24 decedent, the half interest on February 16, 2023. The intention was to put GRACIELA
25
and JESUS GAONA, decedent, back into the same position they were prior to the
26
transfer of the Quitclaim Deed. A copy of this Quitclaim Deed is attached hereto as
27
Exhibit 5 and is fully incorporated herein.
28
Complaint for Quiet Title and Declaratory Relief
9. However, JESUS GAONA, decedent, died on February 13, 2023. Since no one can
legally deed an interest in real property to someone who is deceased, this created
confusion in the chain of title such that it could be extremely difficult to sell, encumber or
otherwise use the property in any other fashion. A copy of the Death Certificate of
JESUS GAONA, decedent is attached hereto as Exhibit 6.
10 It is the Plaintiff's intention to return the state of title to 273 Kenbrook Circle to the Joint
Tenancy which existed prior to the defective and void first Quitclaim Deed of August 4,
2022 which would return GRACIELA GAONA into the same position before any
transfers occurred involving JESUS GAONA.
10
11 To this end, the Plaintiff asks that the Superior Court return the state of the title of 273
11
Kenbrook Circle as it was prior to the Quitclaim Deed of August 4, 2022 by declaring
12
13 null and void the Quitclaim Deed of August 4, 2022.
14 12 Since the Quitclaim Deed of February 16, 2023 was executed to remedy the defective
15 Quitclaim deed of August 4, 2022, it served only to cloud the state of the title due to
16 JESUS GAONA, decedent’s death. The Quitclaim Deed of February 16, 2023 must
17
therefore also be declared null and void. The nullification of both Quitclaim Deeds
18
would return GRACIELA GAONA’s interest to its original state as Joint Tenant in 273
19
Kenbrook Circle.
20
21 13. This action is not opposed by any party including GRACIELA GAONA.
22 SECOND OF ACTION
23 Declaratory Relief
24
14. Plaintiffs hereby fully incorporate by reference Paragraphs 1 through 10, inclusive.
25
15. The Plaintiffs request that the Superior Court declare that GRACIELA GAONA to have
26
maintained her Joint Tenancy with JESUS GAONA, decedent, without interruption. The
27
Plaintiff also requests that the Superior Court declare that the Quitclaim Deeds of August
28
Complaint for Quiet Title and Declaratory Relief
4, 2022 and February 16, 2023 are null and void and never had any legal impact upon the
ownership interests in 273 Kenbrook Circle.
16. Since JESUS GAONA, decedent, has died, operation of law would vest complete title in
GRACIELA GAONA. The Plaintiffs would request that by virtue of the Joint Tenancy
having never been severed and the Joint Tenant JESUS GAONA, decedent, has died, that
the Court declare that GRACIELA GAONA is the surviving Joint Tenant and therefore
now the sole and complete owner of 273 Kenbrook Circle.
PRAYER
The Plaintiffs therefore pray for relief as follows:
10
1 That the Court declare null and void the Quitclaim Deed of August 4, 2022 concerning
11
the title of 273 Kenbrook Circle;
12
That the Court declare null and void the Quitclaim Deed of February 16, 2023.
13
14 The Court return title to GRACIELA GAONA to Joint Tenancy in which the real
15 property at 273 Kenbrook Circle had been maintained prior to the August 4, 2022
16 Quitclaim Deed; and
17
The Courtr further declare that by virtue of the death of the Joint Tenant, that
18
GRACIELA GAONA is the sole and complete owner of 273 Kenbrook Circle.
19
5. For such further and other relief as the Court deems appropriate.
20
21 Respectfully Submitted,
22 Dated: April 4, 2023
23
Crk
24 CURTIS V. RODRIGUEZ
25 Attorney for Attorneys in Fact
JESUS GAONA and
26 OLGA GAONA BURCH
27
28
Complaint for Quiet Title and Declaratory Relief
VERIFICATIONS
JESUS GAONA
I, JESUS GAONA, am the Plaintiff in this action. I have read the foregoing Complaint for Quiet
Title and Declaratory Relief and the allegations stated therein are true and correct on my
personal knowledge.
I declare under penalty of perjury under the laws of the state of California that the foregoing is
true and correct.
Dated: aLoelaoss sree Hemuad
10
11
12
13 OLGA GAONA BURCH
14 I, OLGA GAONA BURCH, am the Plaintiff in this action. I have read the foregoing Complaint
15 for Quiet Title and Declaratory Relief and the allegations stated therein are true and correct on
16 my personal knowledge.
17
I declare under penalty of perjury under the laws of the state of California that the foregoing is
18
true and correct.
19
Dated: fiulpo22
20
21
22
23
24
25
26
27
28
Complaint for Quiet Title and Declaratory Relief
Exhibit 1
DOC #25354059: Page 3 of 3
“
why
Order No. : 0623001672-JEC
ey)
EXHIBIT "A"
LEGAL DESCRIPTION
the land geferzed to is situated (Athe’
City of San Jose, and
Seate. of California, County of Santa/Ci|
as follows:
is described
Lh
- ae
D
A CONDOMINIUM COMPRISEOF:
PARCEL ONIE:
attagte and £u: ned
unit 103, as shown on that certain Condominium Plan
Establi: ig a Plan f Condofiiniun
in the Kenwood/Crosspointe Enabling Declaration 1639, Official ords, Santa
985 in Book J503 page
Ownership, recorded October 31,
referred to as "The Declara tign’); said unit’ ing located
Clara County (hereinafter K\G42 of Maps,
on Lot 4, Tract No, 7705, a map of which was filed in Bol
t pages 40,
d June 9, 0 Official
41, 42 and 43, Declaration of Annexation recorde
Records, page 1247.
PARCEL Tw):
of Condominium Building No.
‘An undivided 11% interest in the Condominium C
24, as deseribed on said Map, in seid Condomi s Plan iixthe Declaration including
e:
, 3 Overy>the underlying
easements, appurtenant for support, ingress on.
id Dey
recreational common area as described in
EXCEPTING THEREFROM all numbere d Gapdonins Upits4 Mid Condominium Building and
excepting therefrom all other Condomi: Builpings /a all other Condominium units
shown on said Condominium Plan and de Bh a @ Beclaration (including those I
re\other than the unit conveyed in Parcel
buildings to be constructed in th
S>
;
above, ana
thoge \portion: the "Restricted Common Area", a5
FURTHER EXCEPTING THERE]
e Plan which are set aside and allocated
defined
for the
in the Declar;
exclusive us;
ee
d/o!
s.
e
\
Ste ie, nits other than the unit described in
Parcel I above.
SS
é
PARCBL THREE: SN > Common Area”
. nt to use the appurtenant, "Restricted
An easement with of the unit deseribed in
allovat éxclus: ive
the use of the owner
dR the Declaration and as shown on the Condominium Plan.
set aside and
Parcel 1 above, efi
© )
497-21-015,
Vv?
17031
SH/LA/AG
542-40:
>
A(o SS
NON
SON
>VS
x ‘This is to certify that this Is a
true copy of the document
SY ’ on file In this office.
ATTEST:
Aeanenduas.
CLERK-RECORDER
Santa Clara, CA
08/08/2022
Exhibit 2
ORDER &
oft eepublic Title Company
0623001672:-JEC DOCUMENT: 17745661
TET EMRE
Pages: 2
‘APN 497-21-015
WHEN RECORDED MAILTO Fees 36.08 +
Taxes 1144.8
" JESUS GAONA & GRACIELA
GAONA? Copies
Street 273 Kenbrook Circle AMT PAID 1 AGO
“
City,
San Jose, CA 95111
BRENDA DAVIS
‘Stats SANTA CLARA COUNTY RECORDER
27/2
Recorded at the request of
Old Republic Title Company
c“y
‘SPACE ABOVE THIS LINE FOR REC
Grant Deed
The undersigned grantor(s) declare(s)
Documentary :ransfer tax is $286.
( X) computed on full value of property conveyed, or
ss O
ining at tng ae
¢ ) computed on full value less value of liens and encumbrances r
¢ ) Unincorporated area: (X ) City of. San Jose $858.00
¢ ) Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
FRANCISCO J. GARZA, an unmarried man
hereby GRANT(S) to JESUS GAONA and GR CIE! husband and wife as joint tenants
that property in the City of San Jose, County, State of California,
4 * # See "Exhibit A” edn xeto and made a part hereof. * * *
Mail Tax Statements to ocak aera Gah ssa Spove
Date April. 16, 20
Mogga
eewcdyce
STATE OF CALIF
COUNTY OF} <% Ye Gs
On Ds. 007 before me, the
undersigned, a for said State, personaly appeared
OH) Be ro
(or proved to me on the basis of satisfactory
evidence) Tabe }) whose name(s) is/are subscribed to the within
instrument a1 owed ed to me that he/she/they executed the same in
isfher/their autht capacity(ies), and that by his/fher/their signature(s) on
oR J. . CUNEO-DAW
he instrument th \(8), or the entity upon behalf of which the person(s)
executed jhe strument. of COMM. #1403443
a s
C4
NOTARY PUBLIC-CALIFORNIA
C3 eal. SANTA CLARA COUNTY
Signatu bla KP
My Comm. Explras March 28, 2007 gy
s
Name
KY
(typed or printed) (This area for official notarial seal)
FTGIS-1404
MAIL TAX STATEMENTS AS DIRECTED ABOVE
chy
Order No. 06230, 672-JEC
EXHIBIT "A"
LEGAL DESCRIPTION
The land seferred to is situated fn t ‘State.of California, Count > D Clara,
City of San Jose, and is described as follows:
A CONDOMINIUM COMPRISED OF:
PARCEL ONIE:
Unit 103, as shown on that certain Condominium Plah attached/tp, and further defined
in the Kenwood/Crosspointe Enabling Declaration Estal ishin: Plan for Condominium
Ownership, recorded October 31, 1985 in
Book J503 page Official Records, Santa
Clara Couity (hereinafter referred he Declaration"); said unit being located
to as
on Lot 4, Tract No. 7705, a map of which
W iled in Book 542 of Maps, at pages 40,
41, 42 and 43, Declaration of Annexation reco ded June 9, 1986 in Book J720 Official
Records, age 1247,
PARCEL TW):
An undivided 11% interest in the C loming mmon Area of Condominium Building No.
24, as described on said Map, in sa. nde pfum Plan in the Declaration including
easements, appurtenant for supp; vy im _and egress over the underlying
recreational common area as di ‘ribed d Declaration.
EXCEPTING THEREFROM a}AQnu nhered Cond nium Units in said Condominium Building and
excepting therefrom ot Condomi: um Buildings and all other Condominium units
shown on said Condomi'n wih Tan id described in the Declaration (including those
buildings to be c¢ tx in future) other than the unit conveyed in Parcel I
above, and
FURTHER EXCEPTING TI thdse portions of the "Restricted Common Area", as
defined in the D id d/or shown on the Plan which are set aside and allocated
for the exclus}vé of thé Owners of the units other than the unit described in
Parcel I abovel,
PARCEL THI
An eas t wit exclusive right to use the appurtenant, “Restricted Common Area"
sil d alld¢ated for the exclusive use of the owner of the unit described in
Pa: 2 al as defined in the Declaration and as shown on the Condominium Plan.
497-21-0
17031
LA/AG
03
Exhibit 3
CALIFORNIA UnIFORM STATUTORY POWER OF ATTORNEY
(Califo mia Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
EXPLAINED IN THE UNIFORM STATU STORY FORM POWER OF SWEEPING. THEY ARE
PROBATE CODE SECTI
ATTO RNEY ACT (CALIFORNIA
ONS 4400-44 65). IF YOU HAVE ANY QUESTIONS ABOUT THESE
OBTAIN COMPETENT LEGAL ADVIC! €. THIS DOCUMENT DOES POWERS,
NOT AUTHORIZE ANYONE TO
MAKE MEDICAL AND OTHER HEAL’ T H-CARE DECISIONS FOR
POWER OF ATTORNEY IF YOU LAT! ER WISH TO DO SO. YOU. YOU MAY REVOKE THIS
|, Graciela Gaona of 273 Kenbrook Circle, San Jose, CA 95111,
[Principal's Name} [Principal’s Address]
appoint Jesus Gaona and Olga Burch of 3111 Brancifo) Drive, Santa Cruz, CA 95065 ’
fAgent’s Name] {Agent's Address}
as my agent (attorney-in-fact) to act for me in any lawful way
with respect to the
following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWER: S, INITIAL THE LINE IN FRONT OF (N) AND IGNORE
THE LINES IN FRONT OF THE OTHER POWE RS. TO GRANT ONE OR MORE, BUT FEWER THAN
ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT
OF EACH POWER YOU ARE
GRANTING. TO WITHHOLD A POWER, DO Ni JOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT
NEED NOT, CROSS OUT EACH POWER WIT! HHELD.
INITIAL
— (A) Real property transactions.
—— (B) Tangible personal property transactions.
—— (Cc) Stock and bond transactions.
—— (0) Commodity and option transactions.
— (E) Banking and other financial institution transactions.
— (F) Business operating transactions.
—— (G) Insurance and annuity transactions.
—— (H) Estate, trust, and other beneficiary transactions.
— ll) Claims and litigation.
—W) Personal and family maintenance.
—— (K) Benefits from social security, medicare, medicaid, or other
governmental programs, or civil or military service.
—— (L) Retirement plan transactions.
Sch (N)
(M) Tax matters.
ALL OF THE POWERS LISTED ABOVE.
YOU DO NOT NEED TO INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).
Statutory Form Power of Attomey ~ OpenDocs.com
Page 1
SPECIAL INSTRUCTIUNS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR
EXTENDING THE POWERS GRANTED TO YOUR AGENT
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE
IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
This power of attorney will continue to be effective even though | become
incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO
CONTINUE IF YOU BECOME INCAPACITATED.
EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED
if | have designated more than one agent, the agents are to act jointly ‘
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT
ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK
SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE
WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.
l agree that any third party who receives a copy of this document may act
under it. Revocation of the power of attorney is not effective as to a third party
until the third party has actual knowledge of the revocation. | agree to
indemnify the third party for any claims that arise against the third party
because of reliance on this power of attorney.
Signed this 30 day of_Oo€ ,202f,
A gnc, Chere
{Signature of Principal]
BEDI
- BEGY
[Principal's Social Security Number}
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY
AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
Statutory Form Power of Attormey - OpenDocs.com Page 2
NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
(California Probate Code Section 4128(a))
A durable power of attorney is an important legal document. By signing the durable
power of attorney, you are authorizing another person to act for you, the principal. Before
you sign this durable power of attorney, you should know these important facts:
Your agent (attorney-in-fact) has no duty to act unless you and your agent agree
otherwise in writing.
This document gives your agent the powers to manage, dispose of, sell, and
convey your real and personal property, and to use your property as security if your agent
borrows money on your behalf. This document does not give your agent the power to
accept or receive any of your property, in trust or otherwise, as a gift, unless you
specifically authorize the agent to accept or receive a gift.
Your agent will have the right to receive reasonable payment for services
provided under this durable power of attorney unless you provide otherwise in this power
of attorney.
The powers you give your agent will continue to exist for your entire lifetime, unless
you state that the durable power of attorney will last for a shorter period of time or unless
you otherwise terminate the durable power of attorney. The powers you give your agent in
this durable power of attorney will continue to exist even if you can no longer make your
own decisions respecting the management of your property.
You can amend or change this durable power of attorney only by executing a
new durable power of attorney or by executing an amendment through the same
formalities as an original. You have the right to revoke or terminate this durable power of
attorney at any time, so long as you are competent.
This durable power of attorney must be dated and must be acknowledged before a
notary public or signed by two witnesses. If it is signed by two witnesses, they must
witness either (1) the signing of the power of attorney or (2) the principal's signing or
acknowledgment of his or her signature. A durable power of attorney that may affect real
property should be acknowledged before a notary public so that it may easily be recorded.
You should read this durable power of attorney carefully. When effective, this
durable power of attorney will give your agent the right to deal with property that you now
have or might acquire in the future. The durable power of attorney is important to you. lf
you do not understand the durable power of attorney, or any provision of it, then you
should obtain the assistance of an attorney or other qualified person.
La aco
Pagei
Statutory Form Power of Attorney - OpenDocs.com
a = 7 or = n
Ie
CALIFORNIA ALL-PURPOSE
E CERTIFICATE OF ACKNOWLEDGMENT
State of California A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
i County of Santa Clara is attached, and not the truthfulness, accuracy, or validity of that document
On Oot30 202 | _ before me, E.R. Rodriguez , Notary Public
(Here insert name and title of the officer)
personally appeared GSreaciek Gaona. ’
who provet d to me on the basis of satisfactory evidence to be the personésf whose namefs{isdare subscribed to
the wit instrument and acknowledged to me that hé/shb/they executed the same in hi eir authorized i
i
I capacity(ieS), and that by hisfheptheir signature(syon the instrument the person¢sJ, or the entity upon behalf of
which the person(gf acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
|
i
iil x
iyi
if
WITNESS my hand and official seal. TPR
= 3) ah
Sante Clara County
f
Commission # 2318233
RL Kak
Signature of Nowy Public
>s + (Notary Scal)
My Comm. Expires Feb 3, 2024
b
————————————————————————————————— >
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date__
| (Additional information)
CAPACITY CLAIMED BY THE SIGNER
| O Individual (s)
OQ Corporate Officer
(Title)
ibi: 0 Partner(s)
O Attomey-in-Fact
OQ Trustee(s)
C1 Other {!
t
[ewe SEE GY STE SE EE AAS EE ET ST TIE TEES maw,
2008 Version
CAPA v12.10.07
T
NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FAC
By acting or agreeing to act as the agent (attorney-in-fact) under this power of
attorney you assume the fiduciary and other legal responsibilities of an agent. These
responsibilities include:
1 The legal duty to act solely in the interest of the principal and to avoid conflicts of
interest.
The legal duty to keep the principal's property separate and distinct from any other
property owned or controlled by you.
adequate
You may not transfer the principal's property to yourself without full and
consideration or accept a gift of the principal's property unless this power of attorney
principal's
specifically authorizes you to tran: sfer property to yourself or accept a gift of the
property. If you transfer the principal I's property to yourself without specific authorization in
. if the
the power of attorney, you may be prosecuted for fraud and/or embezzlement
principal is 65 years of age or older at the time that the property is transferred to you
on
without authority, you may also be prosecuted for elder abuse unde r Penal Code Secti
368. In addition to criminal prosecution, you may also be sued in civil court.
| have read the foregoing notice and | understand the legal and fiduciary duties
that | assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms
of this power of attorney.
Date: /ofeo/a oaf
but
[Signatire of Agent|
Sun
OL6A Bv ach Necsus Gaon
[Print Name of Agent] 7
Page ii
Statutory Form Power of Attorney ~ OpenDocs.com
Exhibit 4
—
3
-— «
RECORDING REQUESTED BY:
25354059
Jesus Gaona Regina Alcomendras
Santa Clara County ~ Clerk-Recorder
WHEN RECORDED MAIL TO AND MAIL TAX 8/05/2022 10:24 AN
STATEMENTS TO:
Name;Jesus Gaona Titles: 1 Pages: 3
gE
Fees
Te 10.20
Address;3111 Branciforte Drive Total: 1241.8
City; Santa Cruz BEL APTA mance
State, Zip;Califomia 95065
Risin nates TRUSTe zhwst
zt TSURAG
oo
QUITCLAIM DEED oN
Title Order No. Escrow OR LOAN No. yen No, 497 21-015
THE UNDERSIGNED GRANTOR(Ss) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $08" SSD fs ~~
[1
Computed on full value of property conveyed, or Wgaaach ow
Computed on full value less value of lens or encumbrances remainin: of sale, eo
1 Unincorporated area [City of Senge
FOR A VALUABLE CONSIDERATION, receipt of which is hereby ack
Graciela Gaona by Jesus Gaona (Power of Attorney)
Hereby remise, release and forever quitclalm to
Jesus Gaona CTTe
‘The following described real property in the County of: Sei q Y State of California:
See Attached "Exhibit A" s
XO
ak Sy (4
( Ss
Ay a Sy 4
f Macau oat ia
A notary public or other officer completiogseb acetate ne only the Identity of the Individual who signed the document to which this certificate is
attached, and not to the truthfulness, accu aS ‘of that document.
STATE OF way
County of, PATEL OUROE }ss
On before me, M BIN AM WNo~. Site
yo BUC
(Q
som
personally appeat IDS Pon who proved to me on the basis isfactory
evidence tq be thi iso enamels 36sul ibed to the iment, and acknowledged to me that
executet 1sgame infhis( authorized capacity ), and that by| signature(g) on the instrument the person(s or the
entity upon’ halt of in the person(g} acted, execu! the instrument
ae under Pe ry oF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
eH LL
GE ROBIN WILLIAMS-HUGHES.
yy] Notary Public - California
VI HA GALI7 1 Santa Cruz County
7 04 Commission # 2348312
Sera My Comm. Expires
Feb 21, 2025
QD (03/13/2015) MAIL TAX STATEMENTS TO ADDRESS AS SHOWN ABOVE
DOC #25354059 Page 2 of 3
mt Lic Title Company
PAR? 0623001672-JEC DOCUMENT: 17745661 Pages: 2
PAPA
497-21-015
WHEN RECORDED
MAIL, TO Fees 30.08 +
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CURTIS V. RODRIGUEZ, ESQ. SBN 113198 1625 The Alameda. Suite 800 San Jose, California 95126 Tel: (408) 838-1539 Attorney for Plaintiff JESUS GAONA IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA JESUS GAONA, OLGA GAONA Case No. 10 BURCH, Attorneys in Fact for GRACIELA GAONA, COMPLAINT TO QUIET TITLE AND 11 DECLARATORY RELIEF Plaintiffs, (CCP sections 760.020, 1060) 12 Vv. 13 273 KENBROOK CIRCLE, 14 Defendant. 15 16 Plaintiff alleges as follows: 17 18 PRELIMINARY ALLEGATIONS 19 1 Plaintiff OLGA GAONA BURCH is, and all times herein, was a resident of Santa Clara 20 County. Plaintiff JESUS GAONA is the son of JESUS GAONA, decedent. Hereinafter, 21 the Plaintiff JESUS GAONA shall be differentiated from his deceased father by stating 22 the name “JESUS GAONA,” followed by term “decedent.” 23 The real property at issue is located at 273 Kenbook Circle, San Jose, California in the 24 county of Santa Clara. A copy of the legal description is attached hereto as Exhibit 1. 25 26 The Court has jurisdiction in this matter as the matter concerns real property in excess of 27 the statutory minimum. 28 4. This is the proper venue for this matter because the real property at issue is located in Complaint for Quiet Title and Declaratory Relief Santa Clara County. FIRST CAUSE OF ACTION Quiet Title On April 16, 2004, JESUS GAONA, decedent and his wife GRACIELA GAONA purchased the real property located at 273 Kenbrook Circle, San Jose, California located in the county of Santa Clara (hereinafter 273 Kenbrook Circle) in Joint Tenancy. A copy of the Grant Deed is attached hereto as Exhibit 2 and fully incorporated by reference. On October 30, 2021, GRACIELA GAONA executed a joint power of attorney in favor of JESUS GAONA and OLGA GAONA BURCH. Any action taken by the attorneys in 10 fact had to be carried out jointly. Any transfer would have to have had both co-attorneys 11 in fact execute the Quitclaim Deed. A copy of this Power of Attorney is attached hereto 12 as Exhibit 3 and fully incorporated herein by reference. 13 14 On August 4, 2022, JESUS GAONA executed a Quitclaim Deed, under his authority as 15 attorney in fact, to grant the interest of GRACIELA GAONA in 273 Kenbrook Circle, in 16 favor of himself. However, this transfer was invalid as it was not executed by the co- 17 attorney in fact OLGA GAONA BURCH. A copy of this Quitclaim Deed is attached as 18 Exhibit 4 and fully incorporated herein by reference. 19 Once JESUS GAONA found out that he could not properly and validly quitclaim the 20 interest of GRACIELA GAONA to himself, he prepared a Quitclaim Deed to transfer 21 22 back the interest that he had taken under the Quitclaim Deed of August 4, 2022. He 23 executed and filed a Quitclaim Deed back to GRACIELA GAONA and JESUS GAONA, 24 decedent, the half interest on February 16, 2023. The intention was to put GRACIELA 25 and JESUS GAONA, decedent, back into the same position they were prior to the 26 transfer of the Quitclaim Deed. A copy of this Quitclaim Deed is attached hereto as 27 Exhibit 5 and is fully incorporated herein. 28 Complaint for Quiet Title and Declaratory Relief 9. However, JESUS GAONA, decedent, died on February 13, 2023. Since no one can legally deed an interest in real property to someone who is deceased, this created confusion in the chain of title such that it could be extremely difficult to sell, encumber or otherwise use the property in any other fashion. A copy of the Death Certificate of JESUS GAONA, decedent is attached hereto as Exhibit 6. 10 It is the Plaintiff's intention to return the state of title to 273 Kenbrook Circle to the Joint Tenancy which existed prior to the defective and void first Quitclaim Deed of August 4, 2022 which would return GRACIELA GAONA into the same position before any transfers occurred involving JESUS GAONA. 10 11 To this end, the Plaintiff asks that the Superior Court return the state of the title of 273 11 Kenbrook Circle as it was prior to the Quitclaim Deed of August 4, 2022 by declaring 12 13 null and void the Quitclaim Deed of August 4, 2022. 14 12 Since the Quitclaim Deed of February 16, 2023 was executed to remedy the defective 15 Quitclaim deed of August 4, 2022, it served only to cloud the state of the title due to 16 JESUS GAONA, decedent’s death. The Quitclaim Deed of February 16, 2023 must 17 therefore also be declared null and void. The nullification of both Quitclaim Deeds 18 would return GRACIELA GAONA’s interest to its original state as Joint Tenant in 273 19 Kenbrook Circle. 20 21 13. This action is not opposed by any party including GRACIELA GAONA. 22 SECOND OF ACTION 23 Declaratory Relief 24 14. Plaintiffs hereby fully incorporate by reference Paragraphs 1 through 10, inclusive. 25 15. The Plaintiffs request that the Superior Court declare that GRACIELA GAONA to have 26 maintained her Joint Tenancy with JESUS GAONA, decedent, without interruption. The 27 Plaintiff also requests that the Superior Court declare that the Quitclaim Deeds of August 28 Complaint for Quiet Title and Declaratory Relief 4, 2022 and February 16, 2023 are null and void and never had any legal impact upon the ownership interests in 273 Kenbrook Circle. 16. Since JESUS GAONA, decedent, has died, operation of law would vest complete title in GRACIELA GAONA. The Plaintiffs would request that by virtue of the Joint Tenancy having never been severed and the Joint Tenant JESUS GAONA, decedent, has died, that the Court declare that GRACIELA GAONA is the surviving Joint Tenant and therefore now the sole and complete owner of 273 Kenbrook Circle. PRAYER The Plaintiffs therefore pray for relief as follows: 10 1 That the Court declare null and void the Quitclaim Deed of August 4, 2022 concerning 11 the title of 273 Kenbrook Circle; 12 That the Court declare null and void the Quitclaim Deed of February 16, 2023. 13 14 The Court return title to GRACIELA GAONA to Joint Tenancy in which the real 15 property at 273 Kenbrook Circle had been maintained prior to the August 4, 2022 16 Quitclaim Deed; and 17 The Courtr further declare that by virtue of the death of the Joint Tenant, that 18 GRACIELA GAONA is the sole and complete owner of 273 Kenbrook Circle. 19 5. For such further and other relief as the Court deems appropriate. 20 21 Respectfully Submitted, 22 Dated: April 4, 2023 23 Crk 24 CURTIS V. RODRIGUEZ 25 Attorney for Attorneys in Fact JESUS GAONA and 26 OLGA GAONA BURCH 27 28 Complaint for Quiet Title and Declaratory Relief VERIFICATIONS JESUS GAONA I, JESUS GAONA, am the Plaintiff in this action. I have read the foregoing Complaint for Quiet Title and Declaratory Relief and the allegations stated therein are true and correct on my personal knowledge. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Dated: aLoelaoss sree Hemuad 10 11 12 13 OLGA GAONA BURCH 14 I, OLGA GAONA BURCH, am the Plaintiff in this action. I have read the foregoing Complaint 15 for Quiet Title and Declaratory Relief and the allegations stated therein are true and correct on 16 my personal knowledge. 17 I declare under penalty of perjury under the laws of the state of California that the foregoing is 18 true and correct. 19 Dated: fiulpo22 20 21 22 23 24 25 26 27 28 Complaint for Quiet Title and Declaratory Relief Exhibit 1 DOC #25354059: Page 3 of 3 “ why Order No. : 0623001672-JEC ey) EXHIBIT "A" LEGAL DESCRIPTION the land geferzed to is situated (Athe’ City of San Jose, and Seate. of California, County of Santa/Ci| as follows: is described Lh - ae D A CONDOMINIUM COMPRISEOF: PARCEL ONIE: attagte and £u: ned unit 103, as shown on that certain Condominium Plan Establi: ig a Plan f Condofiiniun in the Kenwood/Crosspointe Enabling Declaration 1639, Official ords, Santa 985 in Book J503 page Ownership, recorded October 31, referred to as "The Declara tign’); said unit’ ing located Clara County (hereinafter K\G42 of Maps, on Lot 4, Tract No, 7705, a map of which was filed in Bol t pages 40, d June 9, 0 Official 41, 42 and 43, Declaration of Annexation recorde Records, page 1247. PARCEL Tw): of Condominium Building No. ‘An undivided 11% interest in the Condominium C 24, as deseribed on said Map, in seid Condomi s Plan iixthe Declaration including e: , 3 Overy>the underlying easements, appurtenant for support, ingress on. id Dey recreational common area as described in EXCEPTING THEREFROM all numbere d Gapdonins Upits4 Mid Condominium Building and excepting therefrom all other Condomi: Builpings /a all other Condominium units shown on said Condominium Plan and de Bh a @ Beclaration (including those I re\other than the unit conveyed in Parcel buildings to be constructed in th S> ; above, ana thoge \portion: the "Restricted Common Area", a5 FURTHER EXCEPTING THERE] e Plan which are set aside and allocated defined for the in the Declar; exclusive us; ee d/o! s. e \ Ste ie, nits other than the unit described in Parcel I above. SS é PARCBL THREE: SN > Common Area” . nt to use the appurtenant, "Restricted An easement with of the unit deseribed in allovat éxclus: ive the use of the owner dR the Declaration and as shown on the Condominium Plan. set aside and Parcel 1 above, efi © ) 497-21-015, Vv? 17031 SH/LA/AG 542-40: > A(o SS NON SON >VS x ‘This is to certify that this Is a true copy of the document SY ’ on file In this office. ATTEST: Aeanenduas. CLERK-RECORDER Santa Clara, CA 08/08/2022 Exhibit 2 ORDER & oft eepublic Title Company 0623001672:-JEC DOCUMENT: 17745661 TET EMRE Pages: 2 ‘APN 497-21-015 WHEN RECORDED MAILTO Fees 36.08 + Taxes 1144.8 " JESUS GAONA & GRACIELA GAONA? Copies Street 273 Kenbrook Circle AMT PAID 1 AGO “ City, San Jose, CA 95111 BRENDA DAVIS ‘Stats SANTA CLARA COUNTY RECORDER 27/2 Recorded at the request of Old Republic Title Company c“y ‘SPACE ABOVE THIS LINE FOR REC Grant Deed The undersigned grantor(s) declare(s) Documentary :ransfer tax is $286. ( X) computed on full value of property conveyed, or ss O ining at tng ae ¢ ) computed on full value less value of liens and encumbrances r ¢ ) Unincorporated area: (X ) City of. San Jose $858.00 ¢ ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby FRANCISCO J. GARZA, an unmarried man hereby GRANT(S) to JESUS GAONA and GR CIE! husband and wife as joint tenants that property in the City of San Jose, County, State of California, 4 * # See "Exhibit A” edn xeto and made a part hereof. * * * Mail Tax Statements to ocak aera Gah ssa Spove Date April. 16, 20 Mogga eewcdyce STATE OF CALIF COUNTY OF} <% Ye Gs On Ds. 007 before me, the undersigned, a for said State, personaly appeared OH) Be ro (or proved to me on the basis of satisfactory evidence) Tabe }) whose name(s) is/are subscribed to the within instrument a1 owed ed to me that he/she/they executed the same in isfher/their autht capacity(ies), and that by his/fher/their signature(s) on oR J. . CUNEO-DAW he instrument th \(8), or the entity upon behalf of which the person(s) executed jhe strument. of COMM. #1403443 a s C4 NOTARY PUBLIC-CALIFORNIA C3 eal. SANTA CLARA COUNTY Signatu bla KP My Comm. Explras March 28, 2007 gy s Name KY (typed or printed) (This area for official notarial seal) FTGIS-1404 MAIL TAX STATEMENTS AS DIRECTED ABOVE chy Order No. 06230, 672-JEC EXHIBIT "A" LEGAL DESCRIPTION The land seferred to is situated fn t ‘State.of California, Count > D Clara, City of San Jose, and is described as follows: A CONDOMINIUM COMPRISED OF: PARCEL ONIE: Unit 103, as shown on that certain Condominium Plah attached/tp, and further defined in the Kenwood/Crosspointe Enabling Declaration Estal ishin: Plan for Condominium Ownership, recorded October 31, 1985 in Book J503 page Official Records, Santa Clara Couity (hereinafter referred he Declaration"); said unit being located to as on Lot 4, Tract No. 7705, a map of which W iled in Book 542 of Maps, at pages 40, 41, 42 and 43, Declaration of Annexation reco ded June 9, 1986 in Book J720 Official Records, age 1247, PARCEL TW): An undivided 11% interest in the C loming mmon Area of Condominium Building No. 24, as described on said Map, in sa. nde pfum Plan in the Declaration including easements, appurtenant for supp; vy im _and egress over the underlying recreational common area as di ‘ribed d Declaration. EXCEPTING THEREFROM a}AQnu nhered Cond nium Units in said Condominium Building and excepting therefrom ot Condomi: um Buildings and all other Condominium units shown on said Condomi'n wih Tan id described in the Declaration (including those buildings to be c¢ tx in future) other than the unit conveyed in Parcel I above, and FURTHER EXCEPTING TI thdse portions of the "Restricted Common Area", as defined in the D id d/or shown on the Plan which are set aside and allocated for the exclus}vé of thé Owners of the units other than the unit described in Parcel I abovel, PARCEL THI An eas t wit exclusive right to use the appurtenant, “Restricted Common Area" sil d alld¢ated for the exclusive use of the owner of the unit described in Pa: 2 al as defined in the Declaration and as shown on the Condominium Plan. 497-21-0 17031 LA/AG 03 Exhibit 3 CALIFORNIA UnIFORM STATUTORY POWER OF ATTORNEY (Califo mia Probate Code Section 4401) NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND EXPLAINED IN THE UNIFORM STATU STORY FORM POWER OF SWEEPING. THEY ARE PROBATE CODE SECTI ATTO RNEY ACT (CALIFORNIA ONS 4400-44 65). IF YOU HAVE ANY QUESTIONS ABOUT THESE OBTAIN COMPETENT LEGAL ADVIC! €. THIS DOCUMENT DOES POWERS, NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEAL’ T H-CARE DECISIONS FOR POWER OF ATTORNEY IF YOU LAT! ER WISH TO DO SO. YOU. YOU MAY REVOKE THIS |, Graciela Gaona of 273 Kenbrook Circle, San Jose, CA 95111, [Principal's Name} [Principal’s Address] appoint Jesus Gaona and Olga Burch of 3111 Brancifo) Drive, Santa Cruz, CA 95065 ’ fAgent’s Name] {Agent's Address} as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWER: S, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWE RS. TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO Ni JOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WIT! HHELD. INITIAL — (A) Real property transactions. —— (B) Tangible personal property transactions. —— (Cc) Stock and bond transactions. —— (0) Commodity and option transactions. — (E) Banking and other financial institution transactions. — (F) Business operating transactions. —— (G) Insurance and annuity transactions. —— (H) Estate, trust, and other beneficiary transactions. — ll) Claims and litigation. —W) Personal and family maintenance. —— (K) Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service. —— (L) Retirement plan transactions. Sch (N) (M) Tax matters. ALL OF THE POWERS LISTED ABOVE. YOU DO NOT NEED TO INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N). Statutory Form Power of Attomey ~ OpenDocs.com Page 1 SPECIAL INSTRUCTIUNS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney will continue to be effective even though | become incapacitated. STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED. EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED if | have designated more than one agent, the agents are to act jointly ‘ IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER. l agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. | agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed this 30 day of_Oo€ ,202f, A gnc, Chere {Signature of Principal] BEDI - BEGY [Principal's Social Security Number} BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. Statutory Form Power of Attormey - OpenDocs.com Page 2 NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY (California Probate Code Section 4128(a)) A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts: Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing. This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift. Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otherwise in this power of attorney. The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property. You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent. This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her signature. A durable power of attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded. You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. lf you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person. La aco Pagei Statutory Form Power of Attorney - OpenDocs.com a = 7 or = n Ie CALIFORNIA ALL-PURPOSE E CERTIFICATE OF ACKNOWLEDGMENT State of California A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate i County of Santa Clara is attached, and not the truthfulness, accuracy, or validity of that document On Oot30 202 | _ before me, E.R. Rodriguez , Notary Public (Here insert name and title of the officer) personally appeared GSreaciek Gaona. ’ who provet d to me on the basis of satisfactory evidence to be the personésf whose namefs{isdare subscribed to the wit instrument and acknowledged to me that hé/shb/they executed the same in hi eir authorized i i I capacity(ieS), and that by hisfheptheir signature(syon the instrument the person¢sJ, or the entity upon behalf of which the person(gf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. | i iil x iyi if WITNESS my hand and official seal. TPR = 3) ah Sante Clara County f Commission # 2318233 RL Kak Signature of Nowy Public >s + (Notary Scal) My Comm. Expires Feb 3, 2024 b ————————————————————————————————— > ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date__ | (Additional information) CAPACITY CLAIMED BY THE SIGNER | O Individual (s) OQ Corporate Officer (Title) ibi: 0 Partner(s) O Attomey-in-Fact OQ Trustee(s) C1 Other {! t [ewe SEE GY STE SE EE AAS EE ET ST TIE TEES maw, 2008 Version CAPA v12.10.07 T NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FAC By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include: 1 The legal duty to act solely in the interest of the principal and to avoid conflicts of interest. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. adequate You may not transfer the principal's property to yourself without full and consideration or accept a gift of the principal's property unless this power of attorney principal's specifically authorizes you to tran: sfer property to yourself or accept a gift of the property. If you transfer the principal I's property to yourself without specific authorization in . if the the power of attorney, you may be prosecuted for fraud and/or embezzlement principal is 65 years of age or older at the time that the property is transferred to you on without authority, you may also be prosecuted for elder abuse unde r Penal Code Secti 368. In addition to criminal prosecution, you may also be sued in civil court. | have read the foregoing notice and | understand the legal and fiduciary duties that | assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney. Date: /ofeo/a oaf but [Signatire of Agent| Sun OL6A Bv ach Necsus Gaon [Print Name of Agent] 7 Page ii Statutory Form Power of Attorney ~ OpenDocs.com Exhibit 4 — 3 -— « RECORDING REQUESTED BY: 25354059 Jesus Gaona Regina Alcomendras Santa Clara County ~ Clerk-Recorder WHEN RECORDED MAIL TO AND MAIL TAX 8/05/2022 10:24 AN STATEMENTS TO: Name;Jesus Gaona Titles: 1 Pages: 3 gE Fees Te 10.20 Address;3111 Branciforte Drive Total: 1241.8 City; Santa Cruz BEL APTA mance State, Zip;Califomia 95065 Risin nates TRUSTe zhwst zt TSURAG oo QUITCLAIM DEED oN Title Order No. Escrow OR LOAN No. yen No, 497 21-015 THE UNDERSIGNED GRANTOR(Ss) DECLARE(s) DOCUMENTARY TRANSFER TAX is $08" SSD fs ~~ [1 Computed on full value of property conveyed, or Wgaaach ow Computed on full value less value of lens or encumbrances remainin: of sale, eo 1 Unincorporated area [City of Senge FOR A VALUABLE CONSIDERATION, receipt of which is hereby ack Graciela Gaona by Jesus Gaona (Power of Attorney) Hereby remise, release and forever quitclalm to Jesus Gaona CTTe ‘The following described real property in the County of: Sei q Y State of California: See Attached "Exhibit A" s XO ak Sy (4 ( Ss Ay a Sy 4 f Macau oat ia A notary public or other officer completiogseb acetate ne only the Identity of the Individual who signed the document to which this certificate is attached, and not to the truthfulness, accu aS ‘of that document. STATE OF way County of, PATEL OUROE }ss On before me, M BIN AM WNo~. Site yo BUC (Q som personally appeat IDS Pon who proved to me on the basis isfactory evidence tq be thi iso enamels 36sul ibed to the iment, and acknowledged to me that executet 1sgame infhis( authorized capacity ), and that by| signature(g) on the instrument the person(s or the entity upon’ halt of in the person(g} acted, execu! the instrument ae under Pe ry oF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal eH LL GE ROBIN WILLIAMS-HUGHES. yy] Notary Public - California VI HA GALI7 1 Santa Cruz County 7 04 Commission # 2348312 Sera My Comm. Expires Feb 21, 2025 QD (03/13/2015) MAIL TAX STATEMENTS TO ADDRESS AS SHOWN ABOVE DOC #25354059 Page 2 of 3 mt Lic Title Company PAR? 0623001672-JEC DOCUMENT: 17745661 Pages: 2 PAPA 497-21-015 WHEN RECORDED MAIL, TO Fees 30.08 +