Preview
DocuSign Erivelope 1D: F1A38D1F-D6B7-4FAB-BOD5-98F 7EBB4628E
Brian J. Clark (SBN 277681)
Gregory P. Wayland (SBN 277437)
Roberto G. Cruz (SBN 342729)
Attorneys Real Estate Group, APC
905 Highland Pointe Drive, Suite 100
Roseville, CA 95678
Telephone: (916) 671-3138
Email: gwayland@AttorneysRE.com
Attorneys for Susan Foppiano Valera
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
10
-000-
li SUSAN FOPPIANO VALERA, an Case No.: SCV-269355
Individual,
12
DECLARATION OF PARTITION
13 Plaintiff, REFEREE REGARDING (1) OFFERS
RECEIVED ON SUBJECT PROPERTY,
14 vs. (2) PROPOSING AN ALTERNATIVE
INSTRUCTION IN ORDER TO
13 LOUIS M. FOPPIANO, an individual and as COMPLETE THE SALE OF THE
Trustee of The Helaine Noreen Foppiano and SUBJECT PROPERTY
16 Louis Michael Foppiano 1997 Trust dated
December 23, 1997, HELAINE N. Hg.: July 5, 2023
17 FOPPIANO, an individual and as Trustee of 3:00 p.m.
The Helaine Noreen Foppiano and Louis Department 18
18 Michael Foppiano 1997 Trust dated
December 23, 1997, PAUL Foppiano, an
19 individual and as Trustee of the Gina Marie FAC: October I, 2021
Hocker Revocable Trust dated September 25, Trial: None Set
20 2015, all persons unknown claiming any
interest in the property, and DOES 1-20,
21
Hon. Christopher Honigsberg
22 Defendants.
23
24 I, Linda Pond, declare:
25 1 I am the Court appointed partition referee in the above captioned matter,
26 appointed on or about April 5, 2023,
DocuSign Eavelope ID: F1A38D1F-D6B7-4FAB-B0DS5-98F 7EBB4628E
2. By this declaration I request the Court's support in proceeding with and finalizing
the sale of the Subject Property, The Parties in this case do not agree on handling the sale, and it
was my understanding that the Court wanted me to handle this process. Attached as Exhibit "1"
is the order that would allow me to fully perform my duties, petition the court for approval of the
sale, and finalize my role as the Court's referee.
Initial Effort (o Retain a Broker and List the Subject Property
3 It was my understanding that upon my appointment I was supposed to select a
qualified, competent and experienced real estate broker to handle the listing and sale of the
subject property,
10 4 interviewed three local, experienced brokers and selected one.
il 5 Since my appointment | have retained a highly experienced real estate agent in the
12 location of the subject property, Ms, Paula Gold-Nocella — whose credentials are attached hereto
13 as Exhibit "2," directly downloaded from https://vanguardproperties.com/agent-1 100161-Paula-
14 Gold-Nocella.php.
15 6 Ms. Gold-Nocella and I have begun the marketing process for the sale of the
16 property at 12781 Old Redwood Hwy, Healdsburg, CA 954481, per the instructions, as J
17 understood them, from the Judge at the Sonoma County Court.
18 7 We listed the Subject Property on the MLS for receipt of competitive open
19 bidding. The property was initially listed as "coming soon," but not active due to the fact that
20 the agent could not gain access from the occupant, Defendant Paul Foppiano. The property was
21 moved back to active status on Monday, June 26, 2023. The Referee has received one all-cash
22 offer at full price, with a contingency to inspect the property when it is accessible. Also, the
23 Referee has four agents who have interested clients and requested access to see the property prior
24 to making an offer. There is considerable interest in the property, during the last three days,
25 there have been 491 views on MLS by agents, and 197 public views by potential buyers. In my
26 professional judgment, if we were free to show the property we would likely receive competing
DocuSign Envelope ID: F1A38D1F-D6B7-4FAB-BOD5-98F7EBB4628E
offers in a short time. The whole purpose of marketing is to attract the highest and
best Offer for the property, from the most qualified buyers.
Defendant Paul Foppiano Refuses Access to the Subject Property
8 Paula, as the listing agent, was able to gain access to at least see the house through
Paul Foppiano’s attorney, Don Winkler. However, after the initial inspection she was told that
there would be no showings because “we don’t want to make any mistakes and then end up back
at ground zero.”
9 From that point forward, to the present, Paula has been refused keys to the
property for the purpose of marketing and showing by Paul Foppiano, on the advice of his
10 attorney Don Winkler, as we understand.
i Listing Price and Offers Received
12 10. Paula had completed an extensive Comparative Market Analysis and made
13 adjustments for deficiencies of the house and property as disclosed during her walk-through and
14 atrived at the $900,000 list price.
15 It. Since active listing of the property, we have received a full-price, all cash offer to
16 purchase the property — however — given how contested this matter is, and because there is a
17 pending petition to impose instructions, we felt the Court should have an opportunity to hear this
18 matter prior to such offers being presented to the Court for approval. A copy of my email
19 correspondence regarding such offer is attached as Exhibit "3."
20 Orders I Request from the Court
21 12. L understood my responsibility is to provide the Court with offers and status ~
22 but the proposed order submitted by the Defendants in my opinion would result in a more
23 cumbersome and lengthy process — what I believe is a "sale by committee" approach -- followed
24 by endless petitions to the Court to approve every step of the sale and will unnecessarily take the
25 Courts time.
26 13. For example, although Paula sent the Listing Agreement (dated 5/5/23) to all
Dor'sSign Erivelope ID: F1A38D1F-D687-4FAB-80D5-08F
7EBB4628E
counsel at the time (Wayland and McCutcheon), the Defendant Paul Foppiano's counsel has kept
demanding an appraisal and Don Winkler has added Elizabeth Fritzinger as Counsel, who now
has the Listing Agreement and copy of the bond I have posted.
14, None of the Parties agree on listing price or sale price to my knowledge.
15. The Defendant Paul Foppiano has not allowed access to the Premises — and as a
result I agreed to place pending offers on hold until this petition is resolved.
16. In order to list and sell the property during this marketing season, Paula and I
need support and clarity from the Judge:
a) Paula requires keys for access to the house and cooperation from Paul
10 Foppiano, resident of the house, in scheduling potential buyer
{1 appointments,
12 b) Paula and I need to be able to continue the listing on “Active Status” and
13 be able to show the property to prospective buyers, Currently we cannot
14 do so without access from the Defendant Paul Foppiano, We have agreed
15 as a courtesy to the occupant, Paul Foppiano, to provide 24 hour notices of
16 showing.
17 17. We need a clear message from the Court for all parties to cooperate with Paula
18 (Realtor) and me (Referee). Attached hereto as Exhibit "4" is a true and accurate copy of an
19 emai! update I received from the retained agent indicating the list of items she needs in order to
20 proceed with the sale and showings.
21 18. I believe the proposed order attached as Exhibit "1" and separately submitted
22 would provide the framework I need to complete my duties in a timely manner which is also
23 supported by judicial economy (fewer motions, petitions, etc.) and the Court's prior order
24 appointing me as referee.
25 it
26 i
Docusign Efvelope !D: F1A38D1F-D6B7-4FAB-BODS-98F 7EBB4628E
1 1 declare under penalty of perjury under the laws of the State of California that the
2 || foregoing is true and correct, and that this Declaration is executed this 28" day of June, 2023, at
3 || Santa Clara County, California.
4
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7 Partition Referee
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EXHIBIT "1"
Brian J. Clark (SBN 277681)
Gregory P. Wayland (SBN 277437)
Roberto G. Cruz (SBN 342729)
Attorneys Real Estate Group, APC
905 Highland Pointe Drive, Suite 100
Roseville, CA 95678
Telephone: (916) 671-3138
Email: gwayland@AttorneysRE.com
Attorneys for Susan Foppiano Valera
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
10
-000-
1 SUSAN FOPPIANO VALERA, an Case No.: SCV-269355
Individual,
12
[PROPOSED] ORDER PROVIDING
13 Plaintiff, ADDITIONAL INSTRUCTION TO THE
REFEREE LINDA POND AND
14 VS. ORDERING COOPERATION AND
ACCESS TO THE SUBJECT PROPERTY
15 LOUIS M. FOPPIANO, an individual and as
Trustee of The Helaine Noreen Foppiano and
16 Louis Michael Foppiano 1997 Trust dated Hg. July 5, 2023
December 23, 1997, HELAINE N. 3:00 p.m,
17 FOPPIANO, an individual and as Trustee of Department 18
The Helaine Noreen Foppiano and Louis
18 Michael Foppiano 1997 Trust dated
December 23, 1997, PAUL Foppiano, an FAC; October 1, 2021
19 individual and as Trustee of the Gina Marie Trial: None Set
Hocker Revocable Trust dated September 25,
20 2015, all persons unknown claiming any
interest in the property, and DOES 1-20,
21 Hon. Christopher Honigsberg
22 Defendants,
23
24
25 GOOD CAUSE appearing, the referee, Linda Pond, is authorized and ordered to do the
26 following:
@ Retain and direct an agent, or such successor agent, to market and sell the
Subject Property forthwith and for the highest reasonable market price.
‘The agent shall list the Subject Property on MLS, and receive competitive
bidding to ascertain the highest reasonable fair market value for the
property.
(ii). Communicate with financial institutions, trustees, loan servicers, title
companies, contractors, affected property owners and parties of any legal
or equitable rights whose interest may influence the marketing and sale of
the Subject Property, government agencies, and any other person or entity
10 reasonably necessary to give these orders effect.
Wi (iii), To the extent expressly directed to do so by the Court, execute documents
12 on behalf of the Parties, related to title, insurance, property managers,
13 home owners associations, escrow instructions, purchase and sale
14 transaction documents of any description, and transaction documents as
15 reasonably necessary to give effect to these orders.
16 (iv). In consultation with the agent retained to market and sale the Subject
17 Property, the Referee shall have authority to negotiate a price on behalf of
18 the Parties, and shall petition the Court ex parte for approval of such sale
19 contract.
20 (v) Following the sale of the Subject Property, the Referee shall (a) deposit
21 the sale proceeds with the Court, or with a third-party escrow agency,
22 pending further order of the Court regarding any equitable accounting or
23 cost-shifting determination the Court may hereafter make, and (b) prepare
24 a report and final accounting of expenses incurred in the sale, and submit
25 such report simultaneously with a petition to be discharged as referee.
26 (vi). The referee shall act with a high degree of ethical and professional
1 standards, and effectuate the mandates of this Order in with diligence and
2 consideration towards the Parties.
3 IT IS FURTHER ORDERED:
4 The Parties shall cooperate in the listing and sale of the Subject Property, and the owners
5 thereof shall deliver keys to the Referee, and allow access to the property for showings with 24
6 hours written notice.
SO ORDERED.
9 || Dated:
Hon. Christopher Honigsberg
10 Judge of the Superior Court
County of Sonoma
il
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EXHIBIT "2"
MENU
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PAULA GOLD-NOCELIA BACK TO LIST
-
CONTACT PAULA
ee paula@
vanguardproperties.com
& 707.292.7505 ph
Fi % Download VCARD
PAULA-GOL MOOGELLA
VAMGUAR ROP
COM
Lic. # 01104492
XZ
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OFFICE
421 Healdsburg Ave
Share/Save Print
Healdsburg, CA 95448
Celebrating 30 + years Listing and Selling Real Estate in San Francisco and the
LANGUAGES
Bay Area.
SPOKEN
Gold-Nocella’s life-long commitment to serving her professional real estate
English
community has afforded her the credibility and fortitude to be a risk-taker,
trend-setter, and ceiling-breaker.
In 2020 Paula returned to her first true love, real estate sales!
For the past 30 years Paula worked as a Top Producing Agent and as a
Managing Broker. 15 years in the trenches listing and selling rea! estate full
time before transitioning to a leadership position, hiring, and training agents as
their managing broker.
y and Frank Nolan, from 2011 to 2018 Gold-
WuLeHa suLLEeoruny wu ure
Sent: Monday, June 26, 2023 4:35 PM
Ta: lindapond. realestate@yahoo.com; ‘Greg Wayland’
Ce: 'Edward McCutchan! ; Monica Lehre ; Crystal Roy
Subject: RE: Real Estate Broker
Thank you for confirming that there will be no showings until after our hearing.
It appears that the listing went live as of yesterday. | believe the broker stated that she listed it yesterday as well. In any
event, we request that we wait for court approved instructions before listing and selling the home. Thankfully, the
hearing is coming up soon and we won't have to wait much longer.
1
Elizabeth Fritzinger
Attorney
[BE Law
Berry & Fritzinger, P.C.
3550 Round Barn Blvd., Ste, 312
Santa Rosa, California 95403
Office (707) 804
Direct (707) 800-0553
lizabeth@berryfritzlaw.com
The content of this message Is confidential. if you have received it by mistake, please inform us by on email reply and then delete the message, Itis
{forbidden to copy, forward, or in any way reveal the contents of this message to anyone, The integrity and security of this email cannot be guaranteed
over the Internet, Therefore, the sender will not be held liable for any damage caused by the message.
From: lindapond.realestate@yahoo.com
Sent: Monday, June 26, 2023 3:09 PM
To: Elizabeth Fritzinger ; 'Greg Wayland’
Ce: ‘Edward McCutchan’ ; Monica Lehre ; Crystal Roy
; lindapond.realestate@yahoo.com
Subject: RE: Real Estate Broker
Hello All,
| have been driving back from a short weekend trip today and just arrived back at my residence and saw your email.
As you know, Paula Gold-Nocella has the property listed and there has been same interest by potential buyers and their
agents. Since we have a July 5‘ court date to review the process with the Judge, we have decided to keep the property
listed; however, not schedule any showings until after the 5",
Hopefully we will get some clarity from the Judge on how to proceed but, with a common goal of selling 12781 Old
Redwood Highway, Healdsburg, during this real estate market, it is good news that Paula has elicited a positive response
through the Active listing on the MLS.
Sincerely,
Linda Pond
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Realtor® | DRE# 00827031
Lindapond.realestate@yahoo.com
lpond. intero.com
(408) 476-7280
www.southbaycountryproperties.com
From: Elizabeth Fritzinger
Sent: Monday, June 26, 2023 12:07 PM
To: lindapond.realestate@yahoo.com; ‘Greg Wayland’
Ce: ‘Edward McCutchan’ ; Monica Lehre ; Crystal Roy
Subject: RE: Real Estate Broker
Hello, Ms. Pond.
Can you please confirm if you connected with the real estate brokerto let her know the status of the partition and that
there is a pending petition for instructions? Based on the broker's statements to my clients, it appears the broker is
under the impression that she can move forward with listing the home and bringing potential buyers to the home. We
respectfully request that we wait for the court to rule on instructions.
Please confirm receipt of this email and correspondence with the brokeras soon as possible. If i don’t hear back from
you before 3PM today, then | will also email the broker, cc this group, to make sure we are on the same page regarding
the status of the partition.
Sincerely,
Elizabeth Fritzinger
Attorney
BE Law
Berry & Fritzinger, P.C.
3550 Round Barn Blvd, Ste. 312
Santa Rosa, Cali nia 9540:
Office (707) 800-0550
Direct (707) 800-0553.
glizabeth@berryfritzlaw.com
The content of this message is confidential. fyou have received it by mistake, please inform us by an email reply and then delete the message. His
forbidden to copy, forward, or in any way reveal the contents of this message to anyone. The integrity and security of this email cannot be guaranteed
over the internet. Therefore, the sender will not be held liable for any damage caused by the message.
From: Elizabeth Fritzinger
Sent: Monday, June 26, 2023 9:48 AM
To: lindapond.realestate@yahoo.com; ‘Greg Wayland’
Ce: 'Edward McCutchan! ; Monica Lehre ; Crystal Roy
Subject: Real Estate Broker
Importance: High
Good Morning, Ms. Pond.
| just received a cail from my client regarding a recent call from Paula Goid-Nocella. Ms. Gold-Nocella stated that the
listing for the home was active and that she wanted to bring a potential buyer to the home on Tuesday. My clients were
surprised to receive this call because we are still waiting on court approved instructions.
Can you please advise the real estate agent a petition for instructions is pending and once the court approves the
instructions we can take the next steps to list and sell the home?
Sincerely,
Elizabeth Fritzinger
Attorney
BE Law
Berry & Fritzi
3550 Round Barn
Santa Rosa,
1:
fi er, P.C.
Ly Ste, 312
California 95403
Office (70' 800-0550
Direct (70 800-0553
él izabeth, erryfri iw.com
The content of this message is confidential, if you have received it by mistake, please inform us by an email reply and then delete the message. it Is
forbidden to copy, forward, or in any woy reveal the contents of this message to anyone. The integrity and security of |this email cannot be guaranteed
over the Internet, Therefore, the sender will not be held lable for any clarnage caused by the message.
EXHIBIT "4"
G reg Wayland
From: lindapond.realestate@yahoo.com
Sent: Wednesday, June 28, 2023 11:17 AM
To: Greg Wayland
Cc: lindapond.realestate@yahoo.com
Subject: FW: Update on 12781 Old Redwood Highway
Attachments: addendum_no_2__1221_ts75047,pdf
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{408) 476-7280
www.southbaycountryproperties.com
From: Paula Gold-Nocella
Sent: Wednesday, June 28, 2023 11:02 AM
To: lindapond.realestate@yahoo.com
Ce: Michael Podesta ; Supman
Jennifer
Subject: Update on 12781 Old Redwood Highway
Good Morning Linda
Attached please find the Buyer| signature on an Addendum to Extend the Time for Acceptance of his offer
for the above referenced property, to July 7", 2023.
in addition to this offer we have had several calls to show the property from these agents in the past three days that the
home has been listed as active on MLS.
|, Sotheby's
, Engle
& Volker’s
|, REMAX
, Sonoma Realty Group
One principle called a. for herself and her family. They do have an agent and will speak to their agent
about showing as per the new update in MLS for July 7", 2023.
We have had 491 Agent views (hits) on the MLS listing in the past three days and 191 Public views.
We have very strong interest as evidence by the offer we have in hand and talk of another.
Can you please request of the Court the following:
Access to the property with 24-hour notice provided.
A set of keys for our access.
The Sellers to grant an easement for the driveway on the winery side of the property.
The Sellers to grant an easement for the shared well on the winery property.
The Sellers agree to remave the gas line from the house to the tasting room and provide their own gas line.
Thank you.
My best,
Paula
Paula Gold-Nocella, Broker Associate
Chief Growth Strategist
DRE# 01104492
C: 707.292.7505
a ula@vanguardproperties.com
a ula aulagoldnocella.com
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Preview
DocuSign Erivelope 1D: F1A38D1F-D6B7-4FAB-BOD5-98F 7EBB4628E Brian J. Clark (SBN 277681) Gregory P. Wayland (SBN 277437) Roberto G. Cruz (SBN 342729) Attorneys Real Estate Group, APC 905 Highland Pointe Drive, Suite 100 Roseville, CA 95678 Telephone: (916) 671-3138 Email: gwayland@AttorneysRE.com Attorneys for Susan Foppiano Valera SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA 10 -000- li SUSAN FOPPIANO VALERA, an Case No.: SCV-269355 Individual, 12 DECLARATION OF PARTITION 13 Plaintiff, REFEREE REGARDING (1) OFFERS RECEIVED ON SUBJECT PROPERTY, 14 vs. (2) PROPOSING AN ALTERNATIVE INSTRUCTION IN ORDER TO 13 LOUIS M. FOPPIANO, an individual and as COMPLETE THE SALE OF THE Trustee of The Helaine Noreen Foppiano and SUBJECT PROPERTY 16 Louis Michael Foppiano 1997 Trust dated December 23, 1997, HELAINE N. Hg.: July 5, 2023 17 FOPPIANO, an individual and as Trustee of 3:00 p.m. The Helaine Noreen Foppiano and Louis Department 18 18 Michael Foppiano 1997 Trust dated December 23, 1997, PAUL Foppiano, an 19 individual and as Trustee of the Gina Marie FAC: October I, 2021 Hocker Revocable Trust dated September 25, Trial: None Set 20 2015, all persons unknown claiming any interest in the property, and DOES 1-20, 21 Hon. Christopher Honigsberg 22 Defendants. 23 24 I, Linda Pond, declare: 25 1 I am the Court appointed partition referee in the above captioned matter, 26 appointed on or about April 5, 2023, DocuSign Eavelope ID: F1A38D1F-D6B7-4FAB-B0DS5-98F 7EBB4628E 2. By this declaration I request the Court's support in proceeding with and finalizing the sale of the Subject Property, The Parties in this case do not agree on handling the sale, and it was my understanding that the Court wanted me to handle this process. Attached as Exhibit "1" is the order that would allow me to fully perform my duties, petition the court for approval of the sale, and finalize my role as the Court's referee. Initial Effort (o Retain a Broker and List the Subject Property 3 It was my understanding that upon my appointment I was supposed to select a qualified, competent and experienced real estate broker to handle the listing and sale of the subject property, 10 4 interviewed three local, experienced brokers and selected one. il 5 Since my appointment | have retained a highly experienced real estate agent in the 12 location of the subject property, Ms, Paula Gold-Nocella — whose credentials are attached hereto 13 as Exhibit "2," directly downloaded from https://vanguardproperties.com/agent-1 100161-Paula- 14 Gold-Nocella.php. 15 6 Ms. Gold-Nocella and I have begun the marketing process for the sale of the 16 property at 12781 Old Redwood Hwy, Healdsburg, CA 954481, per the instructions, as J 17 understood them, from the Judge at the Sonoma County Court. 18 7 We listed the Subject Property on the MLS for receipt of competitive open 19 bidding. The property was initially listed as "coming soon," but not active due to the fact that 20 the agent could not gain access from the occupant, Defendant Paul Foppiano. The property was 21 moved back to active status on Monday, June 26, 2023. The Referee has received one all-cash 22 offer at full price, with a contingency to inspect the property when it is accessible. Also, the 23 Referee has four agents who have interested clients and requested access to see the property prior 24 to making an offer. There is considerable interest in the property, during the last three days, 25 there have been 491 views on MLS by agents, and 197 public views by potential buyers. In my 26 professional judgment, if we were free to show the property we would likely receive competing DocuSign Envelope ID: F1A38D1F-D6B7-4FAB-BOD5-98F7EBB4628E offers in a short time. The whole purpose of marketing is to attract the highest and best Offer for the property, from the most qualified buyers. Defendant Paul Foppiano Refuses Access to the Subject Property 8 Paula, as the listing agent, was able to gain access to at least see the house through Paul Foppiano’s attorney, Don Winkler. However, after the initial inspection she was told that there would be no showings because “we don’t want to make any mistakes and then end up back at ground zero.” 9 From that point forward, to the present, Paula has been refused keys to the property for the purpose of marketing and showing by Paul Foppiano, on the advice of his 10 attorney Don Winkler, as we understand. i Listing Price and Offers Received 12 10. Paula had completed an extensive Comparative Market Analysis and made 13 adjustments for deficiencies of the house and property as disclosed during her walk-through and 14 atrived at the $900,000 list price. 15 It. Since active listing of the property, we have received a full-price, all cash offer to 16 purchase the property — however — given how contested this matter is, and because there is a 17 pending petition to impose instructions, we felt the Court should have an opportunity to hear this 18 matter prior to such offers being presented to the Court for approval. A copy of my email 19 correspondence regarding such offer is attached as Exhibit "3." 20 Orders I Request from the Court 21 12. L understood my responsibility is to provide the Court with offers and status ~ 22 but the proposed order submitted by the Defendants in my opinion would result in a more 23 cumbersome and lengthy process — what I believe is a "sale by committee" approach -- followed 24 by endless petitions to the Court to approve every step of the sale and will unnecessarily take the 25 Courts time. 26 13. For example, although Paula sent the Listing Agreement (dated 5/5/23) to all Dor'sSign Erivelope ID: F1A38D1F-D687-4FAB-80D5-08F 7EBB4628E counsel at the time (Wayland and McCutcheon), the Defendant Paul Foppiano's counsel has kept demanding an appraisal and Don Winkler has added Elizabeth Fritzinger as Counsel, who now has the Listing Agreement and copy of the bond I have posted. 14, None of the Parties agree on listing price or sale price to my knowledge. 15. The Defendant Paul Foppiano has not allowed access to the Premises — and as a result I agreed to place pending offers on hold until this petition is resolved. 16. In order to list and sell the property during this marketing season, Paula and I need support and clarity from the Judge: a) Paula requires keys for access to the house and cooperation from Paul 10 Foppiano, resident of the house, in scheduling potential buyer {1 appointments, 12 b) Paula and I need to be able to continue the listing on “Active Status” and 13 be able to show the property to prospective buyers, Currently we cannot 14 do so without access from the Defendant Paul Foppiano, We have agreed 15 as a courtesy to the occupant, Paul Foppiano, to provide 24 hour notices of 16 showing. 17 17. We need a clear message from the Court for all parties to cooperate with Paula 18 (Realtor) and me (Referee). Attached hereto as Exhibit "4" is a true and accurate copy of an 19 emai! update I received from the retained agent indicating the list of items she needs in order to 20 proceed with the sale and showings. 21 18. I believe the proposed order attached as Exhibit "1" and separately submitted 22 would provide the framework I need to complete my duties in a timely manner which is also 23 supported by judicial economy (fewer motions, petitions, etc.) and the Court's prior order 24 appointing me as referee. 25 it 26 i Docusign Efvelope !D: F1A38D1F-D6B7-4FAB-BODS-98F 7EBB4628E 1 1 declare under penalty of perjury under the laws of the State of California that the 2 || foregoing is true and correct, and that this Declaration is executed this 28" day of June, 2023, at 3 || Santa Clara County, California. 4 5 6 7 Partition Referee 8 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "1" Brian J. Clark (SBN 277681) Gregory P. Wayland (SBN 277437) Roberto G. Cruz (SBN 342729) Attorneys Real Estate Group, APC 905 Highland Pointe Drive, Suite 100 Roseville, CA 95678 Telephone: (916) 671-3138 Email: gwayland@AttorneysRE.com Attorneys for Susan Foppiano Valera SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA 10 -000- 1 SUSAN FOPPIANO VALERA, an Case No.: SCV-269355 Individual, 12 [PROPOSED] ORDER PROVIDING 13 Plaintiff, ADDITIONAL INSTRUCTION TO THE REFEREE LINDA POND AND 14 VS. ORDERING COOPERATION AND ACCESS TO THE SUBJECT PROPERTY 15 LOUIS M. FOPPIANO, an individual and as Trustee of The Helaine Noreen Foppiano and 16 Louis Michael Foppiano 1997 Trust dated Hg. July 5, 2023 December 23, 1997, HELAINE N. 3:00 p.m, 17 FOPPIANO, an individual and as Trustee of Department 18 The Helaine Noreen Foppiano and Louis 18 Michael Foppiano 1997 Trust dated December 23, 1997, PAUL Foppiano, an FAC; October 1, 2021 19 individual and as Trustee of the Gina Marie Trial: None Set Hocker Revocable Trust dated September 25, 20 2015, all persons unknown claiming any interest in the property, and DOES 1-20, 21 Hon. Christopher Honigsberg 22 Defendants, 23 24 25 GOOD CAUSE appearing, the referee, Linda Pond, is authorized and ordered to do the 26 following: @ Retain and direct an agent, or such successor agent, to market and sell the Subject Property forthwith and for the highest reasonable market price. ‘The agent shall list the Subject Property on MLS, and receive competitive bidding to ascertain the highest reasonable fair market value for the property. (ii). Communicate with financial institutions, trustees, loan servicers, title companies, contractors, affected property owners and parties of any legal or equitable rights whose interest may influence the marketing and sale of the Subject Property, government agencies, and any other person or entity 10 reasonably necessary to give these orders effect. Wi (iii), To the extent expressly directed to do so by the Court, execute documents 12 on behalf of the Parties, related to title, insurance, property managers, 13 home owners associations, escrow instructions, purchase and sale 14 transaction documents of any description, and transaction documents as 15 reasonably necessary to give effect to these orders. 16 (iv). In consultation with the agent retained to market and sale the Subject 17 Property, the Referee shall have authority to negotiate a price on behalf of 18 the Parties, and shall petition the Court ex parte for approval of such sale 19 contract. 20 (v) Following the sale of the Subject Property, the Referee shall (a) deposit 21 the sale proceeds with the Court, or with a third-party escrow agency, 22 pending further order of the Court regarding any equitable accounting or 23 cost-shifting determination the Court may hereafter make, and (b) prepare 24 a report and final accounting of expenses incurred in the sale, and submit 25 such report simultaneously with a petition to be discharged as referee. 26 (vi). The referee shall act with a high degree of ethical and professional 1 standards, and effectuate the mandates of this Order in with diligence and 2 consideration towards the Parties. 3 IT IS FURTHER ORDERED: 4 The Parties shall cooperate in the listing and sale of the Subject Property, and the owners 5 thereof shall deliver keys to the Referee, and allow access to the property for showings with 24 6 hours written notice. SO ORDERED. 9 || Dated: Hon. Christopher Honigsberg 10 Judge of the Superior Court County of Sonoma il 12 {3 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "2" MENU ve PAULA GOLD-NOCELIA BACK TO LIST - CONTACT PAULA ee paula@ vanguardproperties.com & 707.292.7505 ph Fi % Download VCARD PAULA-GOL MOOGELLA VAMGUAR ROP COM Lic. # 01104492 XZ rif oe i OFFICE 421 Healdsburg Ave Share/Save Print Healdsburg, CA 95448 Celebrating 30 + years Listing and Selling Real Estate in San Francisco and the LANGUAGES Bay Area. SPOKEN Gold-Nocella’s life-long commitment to serving her professional real estate English community has afforded her the credibility and fortitude to be a risk-taker, trend-setter, and ceiling-breaker. In 2020 Paula returned to her first true love, real estate sales! For the past 30 years Paula worked as a Top Producing Agent and as a Managing Broker. 15 years in the trenches listing and selling rea! estate full time before transitioning to a leadership position, hiring, and training agents as their managing broker. y and Frank Nolan, from 2011 to 2018 Gold- WuLeHa suLLEeoruny wu ure Sent: Monday, June 26, 2023 4:35 PM Ta: lindapond. realestate@yahoo.com; ‘Greg Wayland’ Ce: 'Edward McCutchan! ; Monica Lehre ; Crystal Roy Subject: RE: Real Estate Broker Thank you for confirming that there will be no showings until after our hearing. It appears that the listing went live as of yesterday. | believe the broker stated that she listed it yesterday as well. In any event, we request that we wait for court approved instructions before listing and selling the home. Thankfully, the hearing is coming up soon and we won't have to wait much longer. 1 Elizabeth Fritzinger Attorney [BE Law Berry & Fritzinger, P.C. 3550 Round Barn Blvd., Ste, 312 Santa Rosa, California 95403 Office (707) 804 Direct (707) 800-0553 lizabeth@berryfritzlaw.com The content of this message Is confidential. if you have received it by mistake, please inform us by on email reply and then delete the message, Itis {forbidden to copy, forward, or in any way reveal the contents of this message to anyone, The integrity and security of this email cannot be guaranteed over the Internet, Therefore, the sender will not be held liable for any damage caused by the message. From: lindapond.realestate@yahoo.com Sent: Monday, June 26, 2023 3:09 PM To: Elizabeth Fritzinger ; 'Greg Wayland’ Ce: ‘Edward McCutchan’ ; Monica Lehre ; Crystal Roy ; lindapond.realestate@yahoo.com Subject: RE: Real Estate Broker Hello All, | have been driving back from a short weekend trip today and just arrived back at my residence and saw your email. As you know, Paula Gold-Nocella has the property listed and there has been same interest by potential buyers and their agents. Since we have a July 5‘ court date to review the process with the Judge, we have decided to keep the property listed; however, not schedule any showings until after the 5", Hopefully we will get some clarity from the Judge on how to proceed but, with a common goal of selling 12781 Old Redwood Highway, Healdsburg, during this real estate market, it is good news that Paula has elicited a positive response through the Active listing on the MLS. Sincerely, Linda Pond Tiakelar MClCm Gel Ll me staes (la wir VERO wre tarerae yas ras ate ae)svs oi Bratere meyers aliKeN selena ON ee rol] PN BE ce) CAR RSLs mt Realtor® | DRE# 00827031 Lindapond.realestate@yahoo.com lpond. intero.com (408) 476-7280 www.southbaycountryproperties.com From: Elizabeth Fritzinger Sent: Monday, June 26, 2023 12:07 PM To: lindapond.realestate@yahoo.com; ‘Greg Wayland’ Ce: ‘Edward McCutchan’ ; Monica Lehre ; Crystal Roy Subject: RE: Real Estate Broker Hello, Ms. Pond. Can you please confirm if you connected with the real estate brokerto let her know the status of the partition and that there is a pending petition for instructions? Based on the broker's statements to my clients, it appears the broker is under the impression that she can move forward with listing the home and bringing potential buyers to the home. We respectfully request that we wait for the court to rule on instructions. Please confirm receipt of this email and correspondence with the brokeras soon as possible. If i don’t hear back from you before 3PM today, then | will also email the broker, cc this group, to make sure we are on the same page regarding the status of the partition. Sincerely, Elizabeth Fritzinger Attorney BE Law Berry & Fritzinger, P.C. 3550 Round Barn Blvd, Ste. 312 Santa Rosa, Cali nia 9540: Office (707) 800-0550 Direct (707) 800-0553. glizabeth@berryfritzlaw.com The content of this message is confidential. fyou have received it by mistake, please inform us by an email reply and then delete the message. His forbidden to copy, forward, or in any way reveal the contents of this message to anyone. The integrity and security of this email cannot be guaranteed over the internet. Therefore, the sender will not be held liable for any damage caused by the message. From: Elizabeth Fritzinger Sent: Monday, June 26, 2023 9:48 AM To: lindapond.realestate@yahoo.com; ‘Greg Wayland’ Ce: 'Edward McCutchan! ; Monica Lehre ; Crystal Roy Subject: Real Estate Broker Importance: High Good Morning, Ms. Pond. | just received a cail from my client regarding a recent call from Paula Goid-Nocella. Ms. Gold-Nocella stated that the listing for the home was active and that she wanted to bring a potential buyer to the home on Tuesday. My clients were surprised to receive this call because we are still waiting on court approved instructions. Can you please advise the real estate agent a petition for instructions is pending and once the court approves the instructions we can take the next steps to list and sell the home? Sincerely, Elizabeth Fritzinger Attorney BE Law Berry & Fritzi 3550 Round Barn Santa Rosa, 1: fi er, P.C. Ly Ste, 312 California 95403 Office (70' 800-0550 Direct (70 800-0553 él izabeth, erryfri iw.com The content of this message is confidential, if you have received it by mistake, please inform us by an email reply and then delete the message. it Is forbidden to copy, forward, or in any woy reveal the contents of this message to anyone. The integrity and security of |this email cannot be guaranteed over the Internet, Therefore, the sender will not be held lable for any clarnage caused by the message. EXHIBIT "4" G reg Wayland From: lindapond.realestate@yahoo.com Sent: Wednesday, June 28, 2023 11:17 AM To: Greg Wayland Cc: lindapond.realestate@yahoo.com Subject: FW: Update on 12781 Old Redwood Highway Attachments: addendum_no_2__1221_ts75047,pdf Noa Rel a7 ELECTS A CLLKel ei/r oe See Maia Pritt te) sD) eres me, uv a ise neyarel Xero a ©) AOE) 0 ees Pe bythe) actin Realtor® | DRE# 00827031 Lindapond. realestate@yahoo.com {pond@intero.com {408) 476-7280 www.southbaycountryproperties.com From: Paula Gold-Nocella Sent: Wednesday, June 28, 2023 11:02 AM To: lindapond.realestate@yahoo.com Ce: Michael Podesta ; Supman Jennifer Subject: Update on 12781 Old Redwood Highway Good Morning Linda Attached please find the Buyer| signature on an Addendum to Extend the Time for Acceptance of his offer for the above referenced property, to July 7", 2023. in addition to this offer we have had several calls to show the property from these agents in the past three days that the home has been listed as active on MLS. |, Sotheby's , Engle & Volker’s |, REMAX , Sonoma Realty Group One principle called a. for herself and her family. They do have an agent and will speak to their agent about showing as per the new update in MLS for July 7", 2023. We have had 491 Agent views (hits) on the MLS listing in the past three days and 191 Public views. We have very strong interest as evidence by the offer we have in hand and talk of another. Can you please request of the Court the following: Access to the property with 24-hour notice provided. A set of keys for our access. The Sellers to grant an easement for the driveway on the winery side of the property. The Sellers to grant an easement for the shared well on the winery property. The Sellers agree to remave the gas line from the house to the tasting room and provide their own gas line. Thank you. My best, Paula Paula Gold-Nocella, Broker Associate Chief Growth Strategist DRE# 01104492 C: 707.292.7505 a ula@vanguardproperties.com a ula aulagoldnocella.com ‘S BEST" VANGUARD PROPERTIES ne Leading ene eM tr Fantrouie IAtempaTIONAL