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i || Brian J. Clark (SBN 277681)
Gregory P. Wayland (SBN 277437)
2 || Roberto G. Cruz (SBN 342729)
Attorneys Real Estate Group, APC
3 || 905 Highland Pointe Drive, Suite 100
Roseville, CA 95678
4 || Telephone: (916) 671-3138
Email: gwayland@AttorneysRE.com
6 || Attorneys for Susan Foppiano Valera |
yu 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA |
i |
< ° COUNTY OF SONOMA |
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3 " SUSAN FOPPIANO VALERA, an individual; Case No.: SCV-269355 |
p ny) Plaintiff, EX PARTE APPLICATION TO REQUEST |
‘ DEFENDANTS TO COOPERATE IN THE
o 13 VS. | LISTING AND SALE OF PROPERTY |
4, || LOUIS M. FOPPIANO, an individual and as | AND FOR RELATED ORDERS |
ti) Trustee of The Helaine Noreen Foppiano and | FACILITATING THE PARTITION
e 15 || Louis Michael Foppiano 1997 Trust dated | REFEREE'S ROLE
% December 23, 1997, HELAINE N, FOPPIANO, |
i ig || a0 individual and as Trustee of The Helaine | Date: June 8, 2023
g Noreen Foppiano and Louis Michael Foppiano | Time: 10:30am.
6 17 || 1997 Trust dated December 23, 1997, PAUL | Location: Department 18
E Foppiano, an individual and as Trustee of the Gina
4 ig || Marie Hocker Revocable Trust dated September | Action Filed: October 1, 2021
~ 25, 2015, all persons unknown claiming any | Trial Date: None Set
io || interest in the property, and DOES 1-20,
20 Defendants. Hon. Christopher Honigsberg
21
22 !
23 |
24 PLEASE TAKE NOTICE, that on June 8, 2023, at 10:30 a.m. in Department 18 of the |
25 || above-entitled Court, located at 600 Administration Drive, Santa Rosa, California 95403, and before
26 11 Honorable Christopher Honigsberg, Presiding Judge, the Plaintiff, Susan Foppiano Valera |
27 |! (hereinafter “Plaintiff’) wili, and hereby does, move the court under California Rule of court Rules |
28 || 3.1200, et seg., for an ex parte order requesting Defendants to cooperate in the listing and sale of the |
EX PARTE APPLICATION TO REQUEST DEFENDANTS TO COOPERATE IN THE LISTING AND SALE OF PROPERTY
1 || property situated at situated at 12781 Old Redwood Highway, Healdsburg, Sonoma County,
2 || California, with a designated APN 086-110-021 (hereinafter, “Subject Property”).
3 L BACKGROUND
4 This case involves a request for the Defendants to cooperate in the listing and the sale of the i
5 || Subject Property. This is, or should be a fairly simple and straightforward process, however, the
6 || Partition Referee has been bombarded with requests and correspondence from the three (3) attorneys :
7 || representing the Defendants with various requests that appear designed to off-track the partition sale :
y 8 ||—and the Defendant Paul Foppiano has limited or refused keys and access to the Subject Property. :
d 9 The Partition Referee requests further orders of this Court to facilitate the sale process, (
; 10 || including to pave the way for the property to go “active” on MLS ~ as set forth in the accompanying |
i 11 || proposed order. There is good cause to hear this matter ex parte because the Court appointed the :
F 12 || referee to conduct a timely sale of the subject property. :
bos I. DISCUSSION |
4 14 ‘This case involves a simple partition by sale of the subject property. The Court granted the
i 15 || Plaintiff's motion for summary adjudication to partition by sale on October 31, 2023, and thereafter |
i 16 || appointed Linda Pond as the Partition Referee to conduct said sale.
17 Ms. Pond has experienced difficulty, or a refusal by the Defendants, particularly Paul 2
< 18 || Foppiano who resides in the property and apparently on advice of counsel has refused to provide keys |
19 }/ and access to the subject property. |
20 The Court's help is needed now to keep the sale of the subject property on track, as set forth in |
21 || the accompanying Declaration of Linda Pond, and as requested in the accompanying proposed order, :
22 1) in order to facilitate the sale of the subject property. The Subject Property needs to go "active" on :
23 | the MLS, and the Referee cannot do so unless she has access to the property which is being denied by |
24 || the Defendants, presumably with the advice and assistance of three (3) separate attorneys. :
26 | / |
a7 | A
28 || // |
EX PARTE APPLICATION TO REQUEST DEFENDANTS TO COOPERATE IN THE LISTING AND SALE OF PROPERTY
CONCLUSION |
2 The Court should grant the relief requested in the accompanying Declaration of Linda Pond
3 || and proposed order.
4 Respectfully Submitted, |
5 Attorneys Real Estate Group, APC
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8 / AireBory P. Wayland, Esq.
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EX PARTE APPLICATION TO REQUEST DEFENDANTS 10 COOPERATE IN THE LISTING AND SALE OF PROPERTY |
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i || Brian J. Clark (SBN 277681) Gregory P. Wayland (SBN 277437) 2 || Roberto G. Cruz (SBN 342729) Attorneys Real Estate Group, APC 3 || 905 Highland Pointe Drive, Suite 100 Roseville, CA 95678 4 || Telephone: (916) 671-3138 Email: gwayland@AttorneysRE.com 6 || Attorneys for Susan Foppiano Valera | yu 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA | i | < ° COUNTY OF SONOMA | o 3 " SUSAN FOPPIANO VALERA, an individual; Case No.: SCV-269355 | p ny) Plaintiff, EX PARTE APPLICATION TO REQUEST | ‘ DEFENDANTS TO COOPERATE IN THE o 13 VS. | LISTING AND SALE OF PROPERTY | 4, || LOUIS M. FOPPIANO, an individual and as | AND FOR RELATED ORDERS | ti) Trustee of The Helaine Noreen Foppiano and | FACILITATING THE PARTITION e 15 || Louis Michael Foppiano 1997 Trust dated | REFEREE'S ROLE % December 23, 1997, HELAINE N, FOPPIANO, | i ig || a0 individual and as Trustee of The Helaine | Date: June 8, 2023 g Noreen Foppiano and Louis Michael Foppiano | Time: 10:30am. 6 17 || 1997 Trust dated December 23, 1997, PAUL | Location: Department 18 E Foppiano, an individual and as Trustee of the Gina 4 ig || Marie Hocker Revocable Trust dated September | Action Filed: October 1, 2021 ~ 25, 2015, all persons unknown claiming any | Trial Date: None Set io || interest in the property, and DOES 1-20, 20 Defendants. Hon. Christopher Honigsberg 21 22 ! 23 | 24 PLEASE TAKE NOTICE, that on June 8, 2023, at 10:30 a.m. in Department 18 of the | 25 || above-entitled Court, located at 600 Administration Drive, Santa Rosa, California 95403, and before 26 11 Honorable Christopher Honigsberg, Presiding Judge, the Plaintiff, Susan Foppiano Valera | 27 |! (hereinafter “Plaintiff’) wili, and hereby does, move the court under California Rule of court Rules | 28 || 3.1200, et seg., for an ex parte order requesting Defendants to cooperate in the listing and sale of the | EX PARTE APPLICATION TO REQUEST DEFENDANTS TO COOPERATE IN THE LISTING AND SALE OF PROPERTY 1 || property situated at situated at 12781 Old Redwood Highway, Healdsburg, Sonoma County, 2 || California, with a designated APN 086-110-021 (hereinafter, “Subject Property”). 3 L BACKGROUND 4 This case involves a request for the Defendants to cooperate in the listing and the sale of the i 5 || Subject Property. This is, or should be a fairly simple and straightforward process, however, the 6 || Partition Referee has been bombarded with requests and correspondence from the three (3) attorneys : 7 || representing the Defendants with various requests that appear designed to off-track the partition sale : y 8 ||—and the Defendant Paul Foppiano has limited or refused keys and access to the Subject Property. : d 9 The Partition Referee requests further orders of this Court to facilitate the sale process, ( ; 10 || including to pave the way for the property to go “active” on MLS ~ as set forth in the accompanying | i 11 || proposed order. There is good cause to hear this matter ex parte because the Court appointed the : F 12 || referee to conduct a timely sale of the subject property. : bos I. DISCUSSION | 4 14 ‘This case involves a simple partition by sale of the subject property. The Court granted the i 15 || Plaintiff's motion for summary adjudication to partition by sale on October 31, 2023, and thereafter | i 16 || appointed Linda Pond as the Partition Referee to conduct said sale. 17 Ms. Pond has experienced difficulty, or a refusal by the Defendants, particularly Paul 2 < 18 || Foppiano who resides in the property and apparently on advice of counsel has refused to provide keys | 19 }/ and access to the subject property. | 20 The Court's help is needed now to keep the sale of the subject property on track, as set forth in | 21 || the accompanying Declaration of Linda Pond, and as requested in the accompanying proposed order, : 22 1) in order to facilitate the sale of the subject property. The Subject Property needs to go "active" on : 23 | the MLS, and the Referee cannot do so unless she has access to the property which is being denied by | 24 || the Defendants, presumably with the advice and assistance of three (3) separate attorneys. : 26 | / | a7 | A 28 || // | EX PARTE APPLICATION TO REQUEST DEFENDANTS TO COOPERATE IN THE LISTING AND SALE OF PROPERTY CONCLUSION | 2 The Court should grant the relief requested in the accompanying Declaration of Linda Pond 3 || and proposed order. 4 Respectfully Submitted, | 5 Attorneys Real Estate Group, APC ‘ / Brian J. Clark, sq. 8 / AireBory P. Wayland, Esq. Y 4 oberty G. Gruz, Esq/ q 9 Attorneys fér Plaintif o Susan Fo piano Valera | > Q 10 | Eo | uot | | | ¢ 14 Ww i a yg » | >a | 16 : F 17 < 18 | 20 | 24 / 2 23 24 25 26 | EX PARTE APPLICATION TO REQUEST DEFENDANTS 10 COOPERATE IN THE LISTING AND SALE OF PROPERTY |