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Electronically FILED by Superior Court of California, County of Los Angeles on 04/12/2022 09:12 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Briggs,Deputy Clerk
BRADLEY T. WEEKS, Bar No. 173745
1 CHARLTON WEEKS LLP
2 1031 West Avenue M-14, Suite A
Palmdale, CA 93551
3 legal@charltonweeks.com
(661) 265-0969
4
5 Attorney for Elizabeth Garcia, Irma Masten
Plaintiffs
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10 Elizabeth Garcia, Irma Masten, CASE NO. 20AVCV00683
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1031 West Avenue M-14, Suite A
Plaintiff, DECLARATION OF BRADLEY T. WEEKS
CHARLTON WEEKS LLP
12 IN SUPPORT OF EX PARTE
Palmdale, CA 93551
v. APPLICATION FOR ORDER
13 ESTABLISHING A BLOCKED ACCOUNT
14 Yolanda Deshene, individually and as trustee
of Reyes R. and Maria S. Garcia Restated Date: April 14, 2022
15 Revocable Family Trust; Noa Oliva; Salvador Time: 8:30 a.m.
Rodriguez; LOR Innovations, LLC; all persons Location: A15
16 unknown, claiming a legal or equitable right, Judge Michael C. Kelly
title, estate, lien, or interest in the property
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described in the complaint adverse to Plaintiff's
18 title, or any cloud on Plaintiff's title thereto,
and Doe One through Ten inclusive,
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Defendants.
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I, Bradley T. Weeks, declare as follows.
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1. If called to testify as a witness in the above mentioned matter, I could competently
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testify to the following matters, which are within my personal knowledge.
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2. I am an attorney licensed to practice law in the State of California. I represent
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Elizabeth Garcia and Irma Masten in this matter.
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DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION
FOR ORDER ESTABLISHING A BLOCKED ACCOUNT
1 3. Richard T. Miller of Law Offices of Richard T. Miller, (818) 994-8234,
2 RTM@richardmillerlaw.com, 29219 Canwood Street #101, Agoura Hills CA 91301; represents
3 Yolanda Deshene.
4 4. Richard Hofman, (818) 203-6777, hofman.r@gmail.com, 7120 Hayvenhurst St Ste
5 108, Van Nuys CA 91406-3843; represents Noa Oliva and LOR Innovations, LLC.
6 5. There are no other parties to this action.
7 6. No ex parte application has been refused in whole or in part of the same character
8 or for the same relief.
9 7. Counsel for all parties have agreed that 19513 Cantera Street, Reseda, California,
10 91355 shall be sold, with all of the net proceeds deposited to a court blocked account.
11 8. Mr. Miller and Mr. Hofman agreed I could select the bank. I have selected
1031 West Avenue M-14, Suite A
CHARLTON WEEKS LLP
12 California Bank and Trust, 831 West Lancaster Boulevard, Lancaster, California, 93534. We have
Palmdale, CA 93551
13 all agreed the account shall be opened in the names of Elizabeth Garcia; Irma Masten; Yolanda
14 Deshene; Noa Oliva; and LOR Innovations, LLC.
15 9. Mr. Hofman provided me a copy of the estimated settlement statement from Glen
16 Oaks Escrow, which is attached hereto as Exhibit One.
17 10. Notice: I provided notice to Mr. Miller and Mr. Hofman on April 11, 2022 that I
18 would be appearing ex parte on April 14, 2022, at 8:30 a.m. in Department A15 of the Los
19 Angeles County Superior Court, 42011 4th Street West, Lancaster, California, 93534. I also
20 anticipate this application will be electronically served on April 12, 2022. Thus all parties will
21 additionally receive notice by this method.
22 11. Since we have previously discussed this issue, and we had all agreed on the bank
23 and whose names will be on the account, I assume this application will not be opposed.
24 Nevertheless, I requested anyone who opposed this application to let me know.
25 12. The basis for granting this ex parte application is that all parties have agreed, and
26 good cause exists to preserve the status quo by selling the property, paying the encumbrance, and
27 placing the net proceeds in a blocked account, subject to withdrawal only upon future court order.
28
2
DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION
FOR ORDER ESTABLISHING A BLOCKED ACCOUNT
1 13. Attached as Exhibit Two is a copy of the notice I sent regarding the application.
2 Proof of service of this application will be concurrently filed with this application.
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4 I declare under penalty of perjury under the laws of the State of California the foregoing is
5 true and correct.
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7
Date: April 11, 2022 _______________________________
8 Bradley T. Weeks
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1031 West Avenue M-14, Suite A
CHARLTON WEEKS LLP
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Palmdale, CA 93551
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DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION
FOR ORDER ESTABLISHING A BLOCKED ACCOUNT
EXHIBIT ONE
CHARLTON WEEKS LLP
ELECTRONIC EXHIBIT TAB
EXHIBIT ONE
GLEN
OAKS
escrow
Glen Oaks Escrow
2334 Huntington Drive
San Marino, CA 91108
(626) 291-2232
Seller's Estimated Closing Statement
Property Escrow Officer Candice Tuey Prepared 04/05/2022
19513 Cantara Street Seller LOR Innovations, LLC Closing 04/18/2022
Los Angeles, (Reseda area), CA 91335 Disbursement Date 04/18/2022
Escrow # 150-29022-CT Title by
Title # 00345460 Fidelity National Title Company
Debit Credit
Primary Charges & Credits
Sales Price of Property $1,050,000.00
Prorations/Adjustments
County Taxes ($4,265.73) 04/18/2022 to 07/01/2022 $1,729.99
Payoffs/Payments
Payoff to Fay Servicing $476,163.12
Principal : $422,500.00
Interest through 4/15/2022: $22,137.84
Additional Interest ($211.25/day) 4/16/2022 through 4/19/2022:
$845.00
Escrow/impound Overdraft: $11,963.70
Recoverable Corporate Advances: $1,004.60
Unpaid Other Fees: $150.00
Interest On Esc Adv: $563.26
Default Interest: $16,998.72
Government Recording and Transfer Charges
Documentary Transfer Tax (County Deed Taxes) to Los Angeles County $1,155.00
Recording Office
Transfer Tax (City Deed Taxes) to Los Angeles County Recording Office $4,725.00
Commissions
Listing Agent Commission to Pacific Playa Realty $26,250.00
Selling Agent Commission to Dato Property Management, Inc. $26,250.00
Title Charges
Overnight Fee to Fidelity National Title Company $30.00
Owner's Title Insurance to Fidelity National Title Company $2,339.00
Sub Escrow Fee to Fidelity National Title Company $125.00
Wire Fee to Fidelity National Title Company $30.00
Escrow Charges
Escrow Processing Fee/Doc Prep Fee to Glen Oaks Escrow $300.00
Reimbursement For Courier Fee to Glen Oaks Escrow $30.00
Settlement or Closing Fee to Glen Oaks Escrow $900.00
Miscellaneous Charges
Certificate of Compliance $15.00
FTB Withholding, if applicable???? $34,965.00
NHD Report to My NHD, Inc. $74.95
Retrofitting **ESTIMATE** $300.00
Property Taxes - 1st 1/2 21-22 $4,595.75
,,fghsu an; gp,plementaI 2019 Paw 1 of 2
$1,170.19 150-29022-
Using Qualia Printed on 04/05/2022
Debit Credit
Property Taxes - Supplemental 2020 $6,853.52
Property Taxes - Tax Default 2020-2021 (April) $32.65
Property Taxes- 2nd 1/2 21-22 $4,265.73
Debit Credit
Subtotals $590,569.91 $1,051,729.99
Due to Seller $461,160.08
Totals $1,051,729.99 $1,051,729.99
Acknowledgement
This is an estimate only and subject to change.
We/I have carefully reviewed the Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my
account or by me in this transaction and further certify that I have received a copy of the Settlement Statement.
We/I authorize Glen Oaks Escrow to cause the funds to be disbursed in accordance with this statement.
LOR Innovations, LLC, a California Limited Liability Company
By:
Noe Oliva, Managing Member Date
Produced by Glen Oaks Escrow Page 2 of 2 150-29022-CT
Using Qualia Printed on 04/05/2022
EXHIBIT TWO
CHARLTON WEEKS LLP
ELECTRONIC EXHIBIT TAB
EXHIBIT TWO
From: Bradley T. Weeks
Sent: Monday, April 11, 2022 5:24 PM
To: Richard Miller; Richard Hofman
BCC: Gayle P.J. Fenald; charltonweeksllpemailrecord@gmail.com; CW LLP
Subject: Garcia v. Deschene; 20AVCV00683; Ex Parte Notice for April 14, 2020
Mr. Hofman and Mr. Miller.
Be take notice we will be applying ex parte on April 14, 2022, at 8:30 a.m., in Department A15 of the Los Angeles County
Superior Court, 42011 4th Street West, Lancaster, California, 93534, for an order establishing a blocked account. The
blocked account will be opened in the names of Elizabeth Garcia; Irma Masten; Yolanda Deshene; Noa Oliva; and LOR
Innovations, LLC. Glen Oaks Escrow will be ordered to deposit all net proceeds from the sale to this account.
I anticipate filing application and serving it upon you tomorrow. The application is consistent with what we previously
agreed upon, but if this request is inconsistent with your understanding of our prior agreement, please let me know.
Brad Weeks
Bradley T. Weeks
Charlton Weeks LLP
1031 West Avenue M-14, Suite A
Palmdale, CA 93551
(661) 265-0969
www.charltonweeks.com
This address does not accept electronic service
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 04/12/2022 09:12 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Briggs,Deputy Clerk BRADLEY T. WEEKS, Bar No. 173745 1 CHARLTON WEEKS LLP 2 1031 West Avenue M-14, Suite A Palmdale, CA 93551 3 legal@charltonweeks.com (661) 265-0969 4 5 Attorney for Elizabeth Garcia, Irma Masten Plaintiffs 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 Elizabeth Garcia, Irma Masten, CASE NO. 20AVCV00683 11 1031 West Avenue M-14, Suite A Plaintiff, DECLARATION OF BRADLEY T. WEEKS CHARLTON WEEKS LLP 12 IN SUPPORT OF EX PARTE Palmdale, CA 93551 v. APPLICATION FOR ORDER 13 ESTABLISHING A BLOCKED ACCOUNT 14 Yolanda Deshene, individually and as trustee of Reyes R. and Maria S. Garcia Restated Date: April 14, 2022 15 Revocable Family Trust; Noa Oliva; Salvador Time: 8:30 a.m. Rodriguez; LOR Innovations, LLC; all persons Location: A15 16 unknown, claiming a legal or equitable right, Judge Michael C. Kelly title, estate, lien, or interest in the property 17 described in the complaint adverse to Plaintiff's 18 title, or any cloud on Plaintiff's title thereto, and Doe One through Ten inclusive, 19 Defendants. 20 21 I, Bradley T. Weeks, declare as follows. 22 23 1. If called to testify as a witness in the above mentioned matter, I could competently 24 testify to the following matters, which are within my personal knowledge. 25 2. I am an attorney licensed to practice law in the State of California. I represent 26 Elizabeth Garcia and Irma Masten in this matter. 27 28 1 DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ESTABLISHING A BLOCKED ACCOUNT 1 3. Richard T. Miller of Law Offices of Richard T. Miller, (818) 994-8234, 2 RTM@richardmillerlaw.com, 29219 Canwood Street #101, Agoura Hills CA 91301; represents 3 Yolanda Deshene. 4 4. Richard Hofman, (818) 203-6777, hofman.r@gmail.com, 7120 Hayvenhurst St Ste 5 108, Van Nuys CA 91406-3843; represents Noa Oliva and LOR Innovations, LLC. 6 5. There are no other parties to this action. 7 6. No ex parte application has been refused in whole or in part of the same character 8 or for the same relief. 9 7. Counsel for all parties have agreed that 19513 Cantera Street, Reseda, California, 10 91355 shall be sold, with all of the net proceeds deposited to a court blocked account. 11 8. Mr. Miller and Mr. Hofman agreed I could select the bank. I have selected 1031 West Avenue M-14, Suite A CHARLTON WEEKS LLP 12 California Bank and Trust, 831 West Lancaster Boulevard, Lancaster, California, 93534. We have Palmdale, CA 93551 13 all agreed the account shall be opened in the names of Elizabeth Garcia; Irma Masten; Yolanda 14 Deshene; Noa Oliva; and LOR Innovations, LLC. 15 9. Mr. Hofman provided me a copy of the estimated settlement statement from Glen 16 Oaks Escrow, which is attached hereto as Exhibit One. 17 10. Notice: I provided notice to Mr. Miller and Mr. Hofman on April 11, 2022 that I 18 would be appearing ex parte on April 14, 2022, at 8:30 a.m. in Department A15 of the Los 19 Angeles County Superior Court, 42011 4th Street West, Lancaster, California, 93534. I also 20 anticipate this application will be electronically served on April 12, 2022. Thus all parties will 21 additionally receive notice by this method. 22 11. Since we have previously discussed this issue, and we had all agreed on the bank 23 and whose names will be on the account, I assume this application will not be opposed. 24 Nevertheless, I requested anyone who opposed this application to let me know. 25 12. The basis for granting this ex parte application is that all parties have agreed, and 26 good cause exists to preserve the status quo by selling the property, paying the encumbrance, and 27 placing the net proceeds in a blocked account, subject to withdrawal only upon future court order. 28 2 DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ESTABLISHING A BLOCKED ACCOUNT 1 13. Attached as Exhibit Two is a copy of the notice I sent regarding the application. 2 Proof of service of this application will be concurrently filed with this application. 3 4 I declare under penalty of perjury under the laws of the State of California the foregoing is 5 true and correct. 6 7 Date: April 11, 2022 _______________________________ 8 Bradley T. Weeks 9 10 11 1031 West Avenue M-14, Suite A CHARLTON WEEKS LLP 12 Palmdale, CA 93551 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF BRADLEY T. WEEKS IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ESTABLISHING A BLOCKED ACCOUNT EXHIBIT ONE CHARLTON WEEKS LLP ELECTRONIC EXHIBIT TAB EXHIBIT ONE GLEN OAKS escrow Glen Oaks Escrow 2334 Huntington Drive San Marino, CA 91108 (626) 291-2232 Seller's Estimated Closing Statement Property Escrow Officer Candice Tuey Prepared 04/05/2022 19513 Cantara Street Seller LOR Innovations, LLC Closing 04/18/2022 Los Angeles, (Reseda area), CA 91335 Disbursement Date 04/18/2022 Escrow # 150-29022-CT Title by Title # 00345460 Fidelity National Title Company Debit Credit Primary Charges & Credits Sales Price of Property $1,050,000.00 Prorations/Adjustments County Taxes ($4,265.73) 04/18/2022 to 07/01/2022 $1,729.99 Payoffs/Payments Payoff to Fay Servicing $476,163.12 Principal : $422,500.00 Interest through 4/15/2022: $22,137.84 Additional Interest ($211.25/day) 4/16/2022 through 4/19/2022: $845.00 Escrow/impound Overdraft: $11,963.70 Recoverable Corporate Advances: $1,004.60 Unpaid Other Fees: $150.00 Interest On Esc Adv: $563.26 Default Interest: $16,998.72 Government Recording and Transfer Charges Documentary Transfer Tax (County Deed Taxes) to Los Angeles County $1,155.00 Recording Office Transfer Tax (City Deed Taxes) to Los Angeles County Recording Office $4,725.00 Commissions Listing Agent Commission to Pacific Playa Realty $26,250.00 Selling Agent Commission to Dato Property Management, Inc. $26,250.00 Title Charges Overnight Fee to Fidelity National Title Company $30.00 Owner's Title Insurance to Fidelity National Title Company $2,339.00 Sub Escrow Fee to Fidelity National Title Company $125.00 Wire Fee to Fidelity National Title Company $30.00 Escrow Charges Escrow Processing Fee/Doc Prep Fee to Glen Oaks Escrow $300.00 Reimbursement For Courier Fee to Glen Oaks Escrow $30.00 Settlement or Closing Fee to Glen Oaks Escrow $900.00 Miscellaneous Charges Certificate of Compliance $15.00 FTB Withholding, if applicable???? $34,965.00 NHD Report to My NHD, Inc. $74.95 Retrofitting **ESTIMATE** $300.00 Property Taxes - 1st 1/2 21-22 $4,595.75 ,,fghsu an; gp,plementaI 2019 Paw 1 of 2 $1,170.19 150-29022- Using Qualia Printed on 04/05/2022 Debit Credit Property Taxes - Supplemental 2020 $6,853.52 Property Taxes - Tax Default 2020-2021 (April) $32.65 Property Taxes- 2nd 1/2 21-22 $4,265.73 Debit Credit Subtotals $590,569.91 $1,051,729.99 Due to Seller $461,160.08 Totals $1,051,729.99 $1,051,729.99 Acknowledgement This is an estimate only and subject to change. We/I have carefully reviewed the Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the Settlement Statement. We/I authorize Glen Oaks Escrow to cause the funds to be disbursed in accordance with this statement. LOR Innovations, LLC, a California Limited Liability Company By: Noe Oliva, Managing Member Date Produced by Glen Oaks Escrow Page 2 of 2 150-29022-CT Using Qualia Printed on 04/05/2022 EXHIBIT TWO CHARLTON WEEKS LLP ELECTRONIC EXHIBIT TAB EXHIBIT TWO From: Bradley T. Weeks Sent: Monday, April 11, 2022 5:24 PM To: Richard Miller; Richard Hofman BCC: Gayle P.J. Fenald; charltonweeksllpemailrecord@gmail.com; CW LLP Subject: Garcia v. Deschene; 20AVCV00683; Ex Parte Notice for April 14, 2020 Mr. Hofman and Mr. Miller. Be take notice we will be applying ex parte on April 14, 2022, at 8:30 a.m., in Department A15 of the Los Angeles County Superior Court, 42011 4th Street West, Lancaster, California, 93534, for an order establishing a blocked account. The blocked account will be opened in the names of Elizabeth Garcia; Irma Masten; Yolanda Deshene; Noa Oliva; and LOR Innovations, LLC. Glen Oaks Escrow will be ordered to deposit all net proceeds from the sale to this account. I anticipate filing application and serving it upon you tomorrow. The application is consistent with what we previously agreed upon, but if this request is inconsistent with your understanding of our prior agreement, please let me know. Brad Weeks Bradley T. Weeks Charlton Weeks LLP 1031 West Avenue M-14, Suite A Palmdale, CA 93551 (661) 265-0969 www.charltonweeks.com This address does not accept electronic service