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1 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
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6 Attorneys for Susan Foppiano Valera
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SONOMA
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-o0o-
11 SUSAN FOPPIANO VALERA, an Case No.: SCV-269355
Individual,
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[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.
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25 GOOD CAUSE appearing, the referee, Linda Pond, is authorized and ordered to do the
26 following:
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1 (i). Retain and direct an agent, or such successor agent, to market and sell the
2 Subject Property forthwith and for the highest reasonable market price.
3 The agent shall list the Subject Property on MLS, and receive competitive
4 bidding to ascertain the highest reasonable fair market value for the
5 property.
6 (ii). Communicate with financial institutions, trustees, loan servicers, title
7 companies, contractors, affected property owners and parties of any legal
8 or equitable rights whose interest may influence the marketing and sale of
9 the Subject Property, government agencies, and any other person or entity
10 reasonably necessary to give these orders effect.
11 (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
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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.
7 SO ORDERED.
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9 Dated:___________________ ___________________________
Hon. Christopher Honigsberg
10 Judge of the Superior Court
County of Sonoma
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Preview
1 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 5 6 Attorneys for Susan Foppiano Valera 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SONOMA 10 -o0o- 11 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: 1 1 (i). Retain and direct an agent, or such successor agent, to market and sell the 2 Subject Property forthwith and for the highest reasonable market price. 3 The agent shall list the Subject Property on MLS, and receive competitive 4 bidding to ascertain the highest reasonable fair market value for the 5 property. 6 (ii). Communicate with financial institutions, trustees, loan servicers, title 7 companies, contractors, affected property owners and parties of any legal 8 or equitable rights whose interest may influence the marketing and sale of 9 the Subject Property, government agencies, and any other person or entity 10 reasonably necessary to give these orders effect. 11 (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 2 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. 7 SO ORDERED. 8 9 Dated:___________________ ___________________________ Hon. Christopher Honigsberg 10 Judge of the Superior Court County of Sonoma 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3