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MICHAEL S. PECHERER, (SBN 47053)
Orinda, CA 94563 Ban Fractoco County Suneror CON
Office: 925-386-0943, Cell: 925-518-7076 oct 07 2019
Email: michael@pecherer.com CLERK OF THE COURT
Referee in Partition BY: Deputy Clerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
ANTHONY CHIAPELONE, Case No.: CGC-17-562017
Plaintiff,
vs. ED] ORDER RE: DEFENDANT’S
PERSONAL PROPERTY REMAINING AT
STEVEN CHIAPELONE, and DOES 1 RESIDENCE
THROUGH 50,
INCLUSIVE,
Defendants
The Court, having considered the ex parte Petition by the Referee for Instructions
in this matter as well as the Report of the Referee in the form of the Referee’s Declaration, as
“|| well as the Declarations of Karl J.F. Runft, counsel for the Plaintiff and the Declaration of the
Plaintiff Anthony Chiapelone, both in support of the Referee’s Petition, as well as the files and
records of this matter, and a proof of service having been filed showing that the Defendant,
although defaulted, has been served with notice of this hearing, hereby makes the following
findings:
Findings:
1. The Defendant was evicted from the residence on December 10, 2018 pursuant to a
Writ of Possession issued by this Court in this matter.
[PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 12. The Referee is attempting to implement the Interlocutory Judgment of Partition in thig
matter which was issued on June 12, 2018.
3. The Referee’s efforts in that regard have been impeded by the fact that the property
which is being partitioned in this matter, being a single family residence, contains a
huge amount of personal property belonging to the Defendant and the resources
necessary to pack and store this personal property have not been available to the
Referee. The Referee estimates that as much as $10,000 would be required to pack,
move and store these possessions. The residence cannot be sold until it is emptied.
4. The Referee has removed large amounts of trash and household toxics from the
residence. He has arranged for a considerable amount of the smaller items to be
packed. However, there remains a very large amount of Defendant’s personal
property that must be removed from the residence.
5. The Plaintiff and the Defendant are estranged brothers. The parties’ interests in the
Property subject to this proceeding were inherited from the parties’ parents.
6. Although the Defendant’s default has been taken, the Referee has on several
occasions spoken with the Defendant and requested that the Defendant assist in the
removal of his personal property from the residence. The Defendant has repeatedly
refused to cooperate with or to assist the Referee in any manner. The Defendant was
served with an Order to Show Cause requiring appearance at the hearing on this
motion.
7. Itis the opinion of the Referee that the cost of packing, moving and storage of the
majority of Defendant’s personal property, especially the furniture and furnishings
will greatly exceed its reasonable value and that there is a considerable risk that the
Defendant will fail to maintain the storage costs such that the stored contents will
ultimately be auctioned off to cover the storage expenses.
8. The Defendant has adequate financial resources to fund the cost of the packing,
moving and storage. Some of those financial resources are under the control of the
Plaintiff who is the successor trustee of their parent’s estate.
9. Among Defendant’s property remaining at the residence is a VW automobile. The
Defendant has stated to the Referee that the pink slip for that vehicle has been lost.
[PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 2The Referee cannot move, store or dispose of that car without having the title
“reconstructed.”
10. Defendant has had ample opportunity to retrieve his personal possessions and has
refused to assist the Referee in the Referee’s efforts to empty the residence.
11, The Plaintiff, in his capacity as successor trustee of the estate of the parents of the
parties has under his control funds belonging to the Defendant that are adequate to
implement the following Orders.
Based upon the foregoing Findings, the Court Orders as follows:
Alternative One:
a. The Plaintiff is authorized and ordered to advance to the Referee such sums from
monies belonging to Defendant as are necessary for the Referee to pack, move and
store the Defendant’s personal property remaining at the residence in amounts that
will not exceed $10,000 in total. The Referee shall account for all such funds in
connection with his final report in this matter.
b. The Referee is authorized to arrange for the packing, moving and storage of
Defendant’s personal property. The Referee shall pay one month’s storage fees and
shall use reasonable efforts to transfer control over the stored items to the Defendant
while in storage.
c. Ifthe Referee is unable to secure the Defendant’s cooperation in transferring control
over the stored items, he shall seek further instructions from the Court on an
expedited basis. -
d. With respect to the VW automobile, the Court shalt ie LOB Crter authorizing
the Referee to sign on behalf of the Defendant, the documents required by the
Department of Motor Vehicles in order for the Referee to cause the automobile to be
QU moved and BP In that regard, fie Referee shall pay nner than one month’s
storage fees and shall promptly inform the Defendant whey? the vehicle i .
Alternative Two:
e. The Referee shall separate the smaller, more easily transportable items of personal
property from the furniture, rugs and furnishings. The Referee shall arrange to pack,
[PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 3. The Referee is hereby authorized to sell the furniture, rugs and furnishings in a
. With respect to the VW automobile, the Court shall issue a separate Order authorizing
The Court shall issue a separate Order authorizing the Referee to sign all documents in
connection with the sale of 1650 32" Avenue, San Francisco, CA 94122
Dated: September_-2019
[PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 4
move and store the smaller items. The Referee shall pay one month’s storage fees
and shall use reasonable efforts to transfer control over the stored items to the
Defendant while in storage.
If the Referee is unable to secure the Defendant’s cooperation in transferring control
over the stored items, he shall seek further instructions from the Court on an
expedited basis.
commercially reasonable manner and to hold the sale proceeds in his trust account.
The Referee shall account for the proceeds of any such sales in connection with his
final report in this matter.
the Referee to sign on behalf of the Defendant, the documents required by the
Department of Motor Vehicles in order for the Referee to cause the automobile to be
moved and sold.
/o}4 fr ZA
Judge of the Superior Court
RONALD E. QUIDACHAY
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MICHAEL S. PECHERER, (SBN 47053) Orinda, CA 94563 Ban Fractoco County Suneror CON Office: 925-386-0943, Cell: 925-518-7076 oct 07 2019 Email: michael@pecherer.com CLERK OF THE COURT Referee in Partition BY: Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ANTHONY CHIAPELONE, Case No.: CGC-17-562017 Plaintiff, vs. ED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT STEVEN CHIAPELONE, and DOES 1 RESIDENCE THROUGH 50, INCLUSIVE, Defendants The Court, having considered the ex parte Petition by the Referee for Instructions in this matter as well as the Report of the Referee in the form of the Referee’s Declaration, as “|| well as the Declarations of Karl J.F. Runft, counsel for the Plaintiff and the Declaration of the Plaintiff Anthony Chiapelone, both in support of the Referee’s Petition, as well as the files and records of this matter, and a proof of service having been filed showing that the Defendant, although defaulted, has been served with notice of this hearing, hereby makes the following findings: Findings: 1. The Defendant was evicted from the residence on December 10, 2018 pursuant to a Writ of Possession issued by this Court in this matter. [PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 12. The Referee is attempting to implement the Interlocutory Judgment of Partition in thig matter which was issued on June 12, 2018. 3. The Referee’s efforts in that regard have been impeded by the fact that the property which is being partitioned in this matter, being a single family residence, contains a huge amount of personal property belonging to the Defendant and the resources necessary to pack and store this personal property have not been available to the Referee. The Referee estimates that as much as $10,000 would be required to pack, move and store these possessions. The residence cannot be sold until it is emptied. 4. The Referee has removed large amounts of trash and household toxics from the residence. He has arranged for a considerable amount of the smaller items to be packed. However, there remains a very large amount of Defendant’s personal property that must be removed from the residence. 5. The Plaintiff and the Defendant are estranged brothers. The parties’ interests in the Property subject to this proceeding were inherited from the parties’ parents. 6. Although the Defendant’s default has been taken, the Referee has on several occasions spoken with the Defendant and requested that the Defendant assist in the removal of his personal property from the residence. The Defendant has repeatedly refused to cooperate with or to assist the Referee in any manner. The Defendant was served with an Order to Show Cause requiring appearance at the hearing on this motion. 7. Itis the opinion of the Referee that the cost of packing, moving and storage of the majority of Defendant’s personal property, especially the furniture and furnishings will greatly exceed its reasonable value and that there is a considerable risk that the Defendant will fail to maintain the storage costs such that the stored contents will ultimately be auctioned off to cover the storage expenses. 8. The Defendant has adequate financial resources to fund the cost of the packing, moving and storage. Some of those financial resources are under the control of the Plaintiff who is the successor trustee of their parent’s estate. 9. Among Defendant’s property remaining at the residence is a VW automobile. The Defendant has stated to the Referee that the pink slip for that vehicle has been lost. [PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 2The Referee cannot move, store or dispose of that car without having the title “reconstructed.” 10. Defendant has had ample opportunity to retrieve his personal possessions and has refused to assist the Referee in the Referee’s efforts to empty the residence. 11, The Plaintiff, in his capacity as successor trustee of the estate of the parents of the parties has under his control funds belonging to the Defendant that are adequate to implement the following Orders. Based upon the foregoing Findings, the Court Orders as follows: Alternative One: a. The Plaintiff is authorized and ordered to advance to the Referee such sums from monies belonging to Defendant as are necessary for the Referee to pack, move and store the Defendant’s personal property remaining at the residence in amounts that will not exceed $10,000 in total. The Referee shall account for all such funds in connection with his final report in this matter. b. The Referee is authorized to arrange for the packing, moving and storage of Defendant’s personal property. The Referee shall pay one month’s storage fees and shall use reasonable efforts to transfer control over the stored items to the Defendant while in storage. c. Ifthe Referee is unable to secure the Defendant’s cooperation in transferring control over the stored items, he shall seek further instructions from the Court on an expedited basis. - d. With respect to the VW automobile, the Court shalt ie LOB Crter authorizing the Referee to sign on behalf of the Defendant, the documents required by the Department of Motor Vehicles in order for the Referee to cause the automobile to be QU moved and BP In that regard, fie Referee shall pay nner than one month’s storage fees and shall promptly inform the Defendant whey? the vehicle i . Alternative Two: e. The Referee shall separate the smaller, more easily transportable items of personal property from the furniture, rugs and furnishings. The Referee shall arrange to pack, [PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 3. The Referee is hereby authorized to sell the furniture, rugs and furnishings in a . With respect to the VW automobile, the Court shall issue a separate Order authorizing The Court shall issue a separate Order authorizing the Referee to sign all documents in connection with the sale of 1650 32" Avenue, San Francisco, CA 94122 Dated: September_-2019 [PROPOSED] ORDER RE: DEFENDANT’S PERSONAL PROPERTY REMAINING AT RESIDENCE - 4 move and store the smaller items. The Referee shall pay one month’s storage fees and shall use reasonable efforts to transfer control over the stored items to the Defendant while in storage. If the Referee is unable to secure the Defendant’s cooperation in transferring control over the stored items, he shall seek further instructions from the Court on an expedited basis. commercially reasonable manner and to hold the sale proceeds in his trust account. The Referee shall account for the proceeds of any such sales in connection with his final report in this matter. the Referee to sign on behalf of the Defendant, the documents required by the Department of Motor Vehicles in order for the Referee to cause the automobile to be moved and sold. /o}4 fr ZA Judge of the Superior Court RONALD E. QUIDACHAY