Preview
1 David W. Berry, Esq. (SBN 180995)
Elizabeth A. Fritzinger, Esq. (SBN 283739)
2 Monica J. Lehre, Esq. (SBN 329046)
William R. LaBarge, Esq. (SBN 329713)
3 BERRY & FRITZINGER, P.C.
3550 Round Barn Blvd., Suite 312
4 Santa Rosa, CA 95403
Telephone: (707) 800-0550
5 Facsimile: (707) 800-0551
david@berryfritzlaw.com
6 elizabeth@berryfritzlaw.com
monica@berryfritzlaw.com
7 william@berryfritzlaw.com
8 Edward B. McCutchan, Esq. (SBN 119376)
SUNDERLAND MCCUTCHAN, LLP
9 1083 Vine Street, Suite 907
Healdsburg, CA 95448
10 Telephone: (707) 433-0377
T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1
Facsimile: (707) 433-0379
11 emccutchan@sunmclaw.com
B E R RY & F R I T Z I N G E R , P . C .
3550 Round Barn Blvd., Suite 312
12 Attorneys for Defendants
LOUIS M. FOPPIANO, et al.
13
14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
15 SUSAN FOPPIANO VALERA, an Case No. SCV-269355
individual,
16 Assigned for All Purposes to Dept. 18
Plaintiff, Hon. Christopher Honigsberg
17
vs. [PROPOSED] ORDER GRANTING
18 DEFENDANTS' PETITION FOR
LOUIS M. FOPPIANO, an individual and INSTRUCTIONS TO REFEREE
19 as Trustee of The Helaine Noreen Foppiano
and Louis Michael Foppiano 1997 Trust
20 dated December 23, 1997, HELAINE N. Date:
FOPPIANO, an individual and as Trustee Time:
21 of The Helaine Noreen Foppiano and Louis Dept.
Michael Foppiano 1997 Trust dated
22 December 23, 1997, PAUL FOPPIANO, an Action Filed: Oct. 1, 2021
individual, GINA M. HOCKER, an Trial Date: None Set
23 individual and as Trustee of the Gina Marie
Hocker Revocable Trust dated September
24 25, 2015, all persons unknown claiming
any interest in the property, and DOES
25 1 - 20,
26 Defendants.
27
28
-1-
[PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE
1 Defendants LOUIS M. FOPPIANO, an individual and as Trustee of The Helaine Noreen
2 Foppiano and Louis Michael Foppiano 1997 Trust dated December 23, 1997, HELAINE N.
3 FOPPIANO, an individual and as Trustee of The Helaine Noreen Foppiano and Louis
4 Michael Foppiano 1997 Trust dated December 23, 1997, PAUL FOPPIANO, an individual, and
5 GINA M. HOCKER, an individual and as Trustee of the Gina Marie Hocker Revocable Trust
6 dated September 25, 2015’s Petition For Instructions To Referee came on regularly for hearing on
7 __________________, 2023, the Honorable Christopher Honigsberg presiding. All parties were
8 represented by their respective counsel.
9 The Court, after consideration of the papers and evidence filed in support of and
10 opposition to the Petition, and after hearing the oral argument of parties, and good cause
T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1
11 appearing therefore;
B E R RY & F R I T Z I N G E R , P . C .
3550 Round Barn Blvd., Suite 312
12 IT IS HEREBY ORDERED:
13 A. Referee’s Bond: The Referee’s bond shall be filed with the Court and served on
14 the parties to this action no later than ten (10) days after the Notice of Entry of the Court’s Order
15 granting this Petition.
16 B. Contracts of Third Persons: Prior to executing any third party contracts for
17 services, including but not limited to, the services of a real estate broker or agent, the Referee will
18 first present the contract to the Plaintiff and Defendants for approval. If the parties approve the
19 contract, then the parties will submit a joint stipulation and order to the Court for its review and
20 approval. If the parties are unable to agree on whether the Referee should enter into the contract,
21 then any party can submit the matter to the Court.
22 C. Sales Procedures: The referee is instructed to conduct the sale of the Subject
23 Property as follows:
24 1. Appraisal: The Referee shall employ a licensed California appraiser to
25 appraise the Subject Property. Prior to hiring the appraiser, the Referee shall present the appraisal
26 contract to the Plaintiff and Defendants for approval. If the parties are unable to agree on whether
27 the Referee should enter into the appraisal contract, then any party can submit the matter to the
28 Court for further instruction and order. Once the appraisal is complete, a copy of the appraisal
-2-
[PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE
1 shall be served to all parties before the Subject Property is listed for sale.
2 2. Listing Sale Price: Within fourteen (14) days of receiving the appraisal,
3 the parties will meet and confer and agree upon a listing sales price for the Subject Property. If
4 the parties are unable to agree upon a listing price, then any party can submit the matter to the
5 Court for further instruction and order.
6 3. Encumbrances: The Referee shall employ a California title company to
7 prepare a Preliminary Title Report before the Referee lists the Subject Property for sale and serve
8 the Preliminary Title Report on all Parties to this action. The Referee acknowledges and affirms
9 that if either party has encumbered their interest in the Subject Property (either by way of
10 voluntary encumbrances such as a Deed of Trust or involuntary encumbrances such as a judgment
T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1
11 or tax lien), the removal of the encumbrance shall be paid from the sale proceeds through escrow
B E R RY & F R I T Z I N G E R , P . C .
3550 Round Barn Blvd., Suite 312
12 and shall be deducted from the share of the net proceeds belonging to the party who is responsible
13 for the encumbrance.
14 4. Listing of the Subject Property: The Subject Property shall be listed for
15 sale pursuant to the terms of a California Association of Realtors (“CAR”) written listing
16 agreement. ("Listing Agreement") as follows: (a) the Listing Agreement shall contain a provision
17 that the broker's commission shall not exceed 5%, and (b) the Listing Agreement shall be for a
18 period no longer than one year. If the Subject Property is not under contract for sale within the
19 initial listing period set forth above, upon the expiration of the Listing Agreement, then the
20 Referee shall enter into a new Listing Agreement upon approval of the parties. If the parties
21 cannot agree on the terms of a new Listing Agreement, then any party may submit the issue to the
22 Court for further instruction and order.
23 5. Statutory Real Estate Disclosures: Prior to listing the Subject Property
24 for sale, the Referee will meet and confer with the parties regarding disclosures so that the parties
25 and Referee can disclose to potential buyers all material facts known to the parties affecting the
26 value or desirability of the Subject Property.
27 6. Subject Property Shall Be Sold “AS IS”: The Referee is on notice that
28 there are multiple issues with the Subject Property, such as issues with ingress/egress, water (no
-3-
[PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE
1 well), and septic (unlocated septic system either on or near the Subject Property) and the Subject
2 Property shall not be improved for the purpose of sale.
3 7. Sales Expenses Incurred by Referee: To the extent the Referee incurs
4 expenses related to the sale of the Subject Property, then these expenses shall be paid by one or
5 more of the following methods: (1) from the proceeds of the sale of the Subject Property; (2) by
6 loans made or obtained by the Referee for this purpose; or (3) by direct payment by the parties to
7 the person or company providing services to the Referee. No matter which method of payment is
8 made, all such reasonable expenses shall be paid or reimbursed by the Referee from the sale
9 proceeds of the sale of the Subject Property prior to any other distributions to the owners of the
10 Subject Property.
T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1
11 8. Notice of Sale: The Referee shall provide notice of the sale of the Subject
B E R RY & F R I T Z I N G E R , P . C .
3550 Round Barn Blvd., Suite 312
12 Property in the manner provided by Code of Civil Procedure §§ 873.640 and 873.650.
13 D. Consummation of Sale: The Referee shall abide by the procedures for the
14 consummation of any sale in the manner provided by Code of Civil Procedure §§873.710 to
15 873.790.
16
17 DATED: _______________, 2023 ____________________________________
Judge of the Sonoma County Superior Court
18
19
20
21
22
23
24
25
26
27
28
-4-
[PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE
Preview
1 David W. Berry, Esq. (SBN 180995) Elizabeth A. Fritzinger, Esq. (SBN 283739) 2 Monica J. Lehre, Esq. (SBN 329046) William R. LaBarge, Esq. (SBN 329713) 3 BERRY & FRITZINGER, P.C. 3550 Round Barn Blvd., Suite 312 4 Santa Rosa, CA 95403 Telephone: (707) 800-0550 5 Facsimile: (707) 800-0551 david@berryfritzlaw.com 6 elizabeth@berryfritzlaw.com monica@berryfritzlaw.com 7 william@berryfritzlaw.com 8 Edward B. McCutchan, Esq. (SBN 119376) SUNDERLAND MCCUTCHAN, LLP 9 1083 Vine Street, Suite 907 Healdsburg, CA 95448 10 Telephone: (707) 433-0377 T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1 Facsimile: (707) 433-0379 11 emccutchan@sunmclaw.com B E R RY & F R I T Z I N G E R , P . C . 3550 Round Barn Blvd., Suite 312 12 Attorneys for Defendants LOUIS M. FOPPIANO, et al. 13 14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA 15 SUSAN FOPPIANO VALERA, an Case No. SCV-269355 individual, 16 Assigned for All Purposes to Dept. 18 Plaintiff, Hon. Christopher Honigsberg 17 vs. [PROPOSED] ORDER GRANTING 18 DEFENDANTS' PETITION FOR LOUIS M. FOPPIANO, an individual and INSTRUCTIONS TO REFEREE 19 as Trustee of The Helaine Noreen Foppiano and Louis Michael Foppiano 1997 Trust 20 dated December 23, 1997, HELAINE N. Date: FOPPIANO, an individual and as Trustee Time: 21 of The Helaine Noreen Foppiano and Louis Dept. Michael Foppiano 1997 Trust dated 22 December 23, 1997, PAUL FOPPIANO, an Action Filed: Oct. 1, 2021 individual, GINA M. HOCKER, an Trial Date: None Set 23 individual and as Trustee of the Gina Marie Hocker Revocable Trust dated September 24 25, 2015, all persons unknown claiming any interest in the property, and DOES 25 1 - 20, 26 Defendants. 27 28 -1- [PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE 1 Defendants LOUIS M. FOPPIANO, an individual and as Trustee of The Helaine Noreen 2 Foppiano and Louis Michael Foppiano 1997 Trust dated December 23, 1997, HELAINE N. 3 FOPPIANO, an individual and as Trustee of The Helaine Noreen Foppiano and Louis 4 Michael Foppiano 1997 Trust dated December 23, 1997, PAUL FOPPIANO, an individual, and 5 GINA M. HOCKER, an individual and as Trustee of the Gina Marie Hocker Revocable Trust 6 dated September 25, 2015’s Petition For Instructions To Referee came on regularly for hearing on 7 __________________, 2023, the Honorable Christopher Honigsberg presiding. All parties were 8 represented by their respective counsel. 9 The Court, after consideration of the papers and evidence filed in support of and 10 opposition to the Petition, and after hearing the oral argument of parties, and good cause T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1 11 appearing therefore; B E R RY & F R I T Z I N G E R , P . C . 3550 Round Barn Blvd., Suite 312 12 IT IS HEREBY ORDERED: 13 A. Referee’s Bond: The Referee’s bond shall be filed with the Court and served on 14 the parties to this action no later than ten (10) days after the Notice of Entry of the Court’s Order 15 granting this Petition. 16 B. Contracts of Third Persons: Prior to executing any third party contracts for 17 services, including but not limited to, the services of a real estate broker or agent, the Referee will 18 first present the contract to the Plaintiff and Defendants for approval. If the parties approve the 19 contract, then the parties will submit a joint stipulation and order to the Court for its review and 20 approval. If the parties are unable to agree on whether the Referee should enter into the contract, 21 then any party can submit the matter to the Court. 22 C. Sales Procedures: The referee is instructed to conduct the sale of the Subject 23 Property as follows: 24 1. Appraisal: The Referee shall employ a licensed California appraiser to 25 appraise the Subject Property. Prior to hiring the appraiser, the Referee shall present the appraisal 26 contract to the Plaintiff and Defendants for approval. If the parties are unable to agree on whether 27 the Referee should enter into the appraisal contract, then any party can submit the matter to the 28 Court for further instruction and order. Once the appraisal is complete, a copy of the appraisal -2- [PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE 1 shall be served to all parties before the Subject Property is listed for sale. 2 2. Listing Sale Price: Within fourteen (14) days of receiving the appraisal, 3 the parties will meet and confer and agree upon a listing sales price for the Subject Property. If 4 the parties are unable to agree upon a listing price, then any party can submit the matter to the 5 Court for further instruction and order. 6 3. Encumbrances: The Referee shall employ a California title company to 7 prepare a Preliminary Title Report before the Referee lists the Subject Property for sale and serve 8 the Preliminary Title Report on all Parties to this action. The Referee acknowledges and affirms 9 that if either party has encumbered their interest in the Subject Property (either by way of 10 voluntary encumbrances such as a Deed of Trust or involuntary encumbrances such as a judgment T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1 11 or tax lien), the removal of the encumbrance shall be paid from the sale proceeds through escrow B E R RY & F R I T Z I N G E R , P . C . 3550 Round Barn Blvd., Suite 312 12 and shall be deducted from the share of the net proceeds belonging to the party who is responsible 13 for the encumbrance. 14 4. Listing of the Subject Property: The Subject Property shall be listed for 15 sale pursuant to the terms of a California Association of Realtors (“CAR”) written listing 16 agreement. ("Listing Agreement") as follows: (a) the Listing Agreement shall contain a provision 17 that the broker's commission shall not exceed 5%, and (b) the Listing Agreement shall be for a 18 period no longer than one year. If the Subject Property is not under contract for sale within the 19 initial listing period set forth above, upon the expiration of the Listing Agreement, then the 20 Referee shall enter into a new Listing Agreement upon approval of the parties. If the parties 21 cannot agree on the terms of a new Listing Agreement, then any party may submit the issue to the 22 Court for further instruction and order. 23 5. Statutory Real Estate Disclosures: Prior to listing the Subject Property 24 for sale, the Referee will meet and confer with the parties regarding disclosures so that the parties 25 and Referee can disclose to potential buyers all material facts known to the parties affecting the 26 value or desirability of the Subject Property. 27 6. Subject Property Shall Be Sold “AS IS”: The Referee is on notice that 28 there are multiple issues with the Subject Property, such as issues with ingress/egress, water (no -3- [PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE 1 well), and septic (unlocated septic system either on or near the Subject Property) and the Subject 2 Property shall not be improved for the purpose of sale. 3 7. Sales Expenses Incurred by Referee: To the extent the Referee incurs 4 expenses related to the sale of the Subject Property, then these expenses shall be paid by one or 5 more of the following methods: (1) from the proceeds of the sale of the Subject Property; (2) by 6 loans made or obtained by the Referee for this purpose; or (3) by direct payment by the parties to 7 the person or company providing services to the Referee. No matter which method of payment is 8 made, all such reasonable expenses shall be paid or reimbursed by the Referee from the sale 9 proceeds of the sale of the Subject Property prior to any other distributions to the owners of the 10 Subject Property. T e l e p h o n e : ( 7 0 7 ) 8 0 0 - 0 5 5 0 Fa c s i m i l e : ( 7 0 7 ) 8 0 0 - 0 5 5 1 11 8. Notice of Sale: The Referee shall provide notice of the sale of the Subject B E R RY & F R I T Z I N G E R , P . C . 3550 Round Barn Blvd., Suite 312 12 Property in the manner provided by Code of Civil Procedure §§ 873.640 and 873.650. 13 D. Consummation of Sale: The Referee shall abide by the procedures for the 14 consummation of any sale in the manner provided by Code of Civil Procedure §§873.710 to 15 873.790. 16 17 DATED: _______________, 2023 ____________________________________ Judge of the Sonoma County Superior Court 18 19 20 21 22 23 24 25 26 27 28 -4- [PROPOSED] ORDER GRANTING DEFENDANTS' PETITION FOR INSTRUCTIONS TO REFEREE