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MOON
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-06-2010 8:18 am
Case Number: PTR-04-286372
Filing Date: Jul-02-2010 8:13
Juke Box: 001 Image: 02900111
DECLARATION
IN THE MATTER OF THE LEONARD B. CAMERON TRUST
001P02900111
Instructions:
Please place this sheet on top of the document to be scanned.
sea eee name rant, ce een rteite
JONATHAN S. O'DONNELL (SBN 100051)
£
jon@mbvlaw.com
Sar Fra
JACK C, PRAETZELLIS (SBN 267765) MCiseg
jack@mbvlaw.com Cun,
MBV LAW LLP ero,
855 Front Street
San Francisco, California 94111
Mk 09 24 10
Telephone: 415-781-4400 & ie unr
Facsimile: 415-989-5143
Attorneys for U.S, BANK NATIONAL
ASSOCIATION, AS TRUSTEE RELATING
TO CHEVY CHASE FUNDING LLC
MORTGAGE BACKED SECURITIES
SERIES 2006-2
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
il
ee
wg 12 In the Matter of the Case No. PTR-04-286372
am
he 13 LEONARD B. CAMERON 2003 TRUST DECLARATION OF JONATHAN S,
%0
O'DONNELL IN SUPPORT OF U.S.
Bo
40°
14 BANK NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO CHEVY
of 15 CHASE FUNDING LLC MORTGAGE
ae BACKED SECURITIES SERIES 2006-2'S)
16 MOTION TO ABATE PETITIONER'S
Pa SECTION 850 PETITION AND TRANS-
A~sz 17 FER THIS MATTER TO CIVIL COURT
e« PURSUANT TO PROBATE CODE SEC-
oa 18 TION 856.5 OR, ALTERNATIVELY, FOR
A CONTINUANCE PURSUANT TO PRO-
19 BATE CODE SECTION 852
20 Date: July 29, 2010
Time: 1:30 p.m.
21 Dept: Probate, Room 2004
22
BY FA.
I, Jonathan S. O'Donnell, hereby declare:
24 1 lam a partner in the firm of MBV Law LLP, counsel of record for U.S.
BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE
26 FUNDING LLC MORTGAGE BACKED SECURITIES SERIES 2006-2 (U.S, BANK"), in
27 this action. Each of the matters set forth in this declaration is within my personal knowl-
28 edge, and if called as a witness, I am competent to testify thereto,
O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT
aa cetns acum rae vane arene ae
ee
2. I submit this declaration in support of U.S. BANK's Motion to Abate Peti-
tioner's Section 850 Petition and transfer this matter to Civil Court Pursuant to Probate
Code Section 856.5.
3 Petitioner THOMAS A. LUCAS, Successor Trustee of the Leonard B. Cam-
eron 2008 Trust, filed the instant Petition on June 23, 2010. The hearing date on said
Petition is currently set for August 4, 2010.
4 U.S. BANK was served with the Petition as a "Person Entitled to Notice."
For several reasons, the Court should abate this action and transfer the matter for de-
termination by a civil court.
10 5. This is a very complex case, both factually and legally. Petitioner alleges
we
i that two loans secured by deeds of trust, one for $450,000 from 2005 and the other for
ut 12 $665,000 from 2006, were procured through "fraud, undue influence and/or forgery,”
wa”
13 by John Hill, the prior successor trustee of Mr. Cameron's trust. Allegedly, Mr. Cameron
suffered from dementia at the time Mr. Hill defrauded him. Both loans encumbered the
HO
20
o- 15 Trust property located at 195 Hampton Road, Martinez, California. The $665,000 loan
“Zz 16 paid off the $450,000 loan and provided a "cash out" amount of $187,000.
w<
ae, 17 6. Moving party U.S. BANK is the current holder of the $665,000 note and
on 18 the present payee. The $665,000 note was issued and then securitized and is currently
19 held by U.S. BANK as Trustee.
20 7. U.S. BANK therefore has over a half million dollars at stake. If the subject
21 loans are declared void, as Petitioner requests, it has lost that money. Clearly, signifi-
cant discovery has to be conducted into what transpired here, including inquiries into
23 the alleged fraud perpetrated by John Hill, Mr. Cameron's medical and mental condition
24 at that time, whether the $665,000 paid off valid debts and is therefore entitled to equi-
25 table subrogation, etc. Moreover, U.S. BANK will need to assert a cross-complaint
26 against John Hill and others in which its claim for equitable subrogation will also be as-
27 serted. Finally, from a legal standpoint, whether the two loans are void or voidable must
28 also be argued and determined.
91338.02/432727.D0C -2-
O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT
Seer eereemaer rm
omy
8 For all or these reasons, this matter is better suited for the Civil Court.
There is simply no reason for the Probate Court to retain jurisdiction. The only benefici-
ary of the Trust is a college fund, not an individual desperately in need of funds. There is
simply no exigency or other reason for this matter to remain in the Probate Court and be
adjudicated so quickly,
9 Ata minimum, a continuance of the August 4, 2010 hearing for several
months should be granted in order to allow U.S. BANK sufficient time to conduct the
necessary discovery and otherwise prepare for the hearing in the event this Court does
not transfer this matter to the Civil Court.
10 I declare under penalty of perjury under the laws of the State of California that the
nN foregoing is true and correct and this declaration was executed on June 30, 2010 at San
Be
ay 12 Francisco, California.
13
14
We —
V
KO
dou Jonathan S. O'Donnell
o-
oz 16
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o°) 17
on 18
19
20
21
24
25
26
27
28
91338.02/432727.D0C -3-
O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT
sens “pe pesmi tien
we
PROOF OF SERVICE
Tam over the age of eighteen years of age, not a party to this action, and
employed in the City and County of San Francisco at the law offices of MBV Law LLP, 855
Front Street, San Francisco, California 94111.
On July 2, 2010, I served a copy of the Declaration of Jonathan S. O'Donnell
in Support of U.S. Bank National association, as Trustee Relating to Chevy Chase Funding
LLC Mortgage Backed Securities Series 2006-2 Motion to Abate Petitioner's Section 850
Petition and Transfer This Matter to Civil Code Section 856.5 or, Alternatively, for a Con-
tinuance Pursuant to Probate Code Section 852 by placing a true and correct copy ina
10 sealed envelope, with postage prepaid, to be deposited with the United States Postal Ser-
11 vice on this day following ordinary business practices addressed opposing counsel at the
Re WT
we 12 office address as last given, as follows:
am
v<
“yu
13 Brian J. McCaffrey, Esq.
523 Octavia Street
14 San Francisco, California 94102
49°
Attorneys for Petitioner iomas A. Lucas, Successor Trustee
a2 15
40
16 and by causing a true and correct copy to be placed in a sealed envelope, with postage
me
ee
17 prepaid, to be deposited with the United States Postal Service on this day following ordi-
a -2
= 25 18 nary business practices addressed opposing counsel at the office address as last given,
19 follows:
20 Ernest F. Der, Esq.
Skootsky & Der
21 90 New Montgomery Street, Suite 905
San Francisco, California 9410,
22 Court Appointed Attorney for Leonard B. Cameron
23 United Negro college Fund
Post Office Box 10444
Fairfax, Virginia 22031
Residuary Beneficiary of Trust
Lawrence Siracusa
26 Witherspoon& Siracusa
1550 Bryant Street, Suite 875
27 San Francisco, California 94103
Counsel for Petitioner
28
91338.02/432890.D0C
PROOFOF SERVICE
nec
am
eer Sih
Kevin Solan, Esq.
A
Solan & Par! , LLP
685 Market Street, Suite 360
San Francisco, California 94105
Counsel f ‘or Platte River Surety ‘Company (Surety for John Hill)
John Hill
660 Fourth Street, No. 120
San Francisco, California 94107
Former Trustee
John Hill
12 Hillview Court
San Francisco, California 94124
Former Trustee
John Hill
539 Divisadero Street, No. 397
10 San Francisco, California 94117
Former Trustee
1
arr Charles C, McKenna, esq.
12 Wright, Finla
hs
& Zack LLP
uy
wae 4665 MacArt ur Court, Suite 280
13 Newport Beach, California 92060
Attorneys for Capital One Financial Corp. (Prior Holder of Loan)
ro
14
2V¥ Wachovia Mortgage Corporation and
o- 15 Wells Fargo Bank
ez c/o CSC Lawyers Incorporating Service
u< 16 2730 Gateway Oaks Drive, Suite 100
Sacramento, California 95833
a7, 17
Sierra Pacific Mortgage Company, Inc., successor in interest to
an 18 ist national Lending VICES
c/o National Registered Agents, Inc.
19 2875 Michelle Drive, Suite 100
Irvine, California 92606
20
21 I declare under penalty of perjury under the laws of the State of California
22 that the foregoing is true and correct and that this declaration was executed on July 2,
23 2010 at San Francisco, California.
Cte Ve oa.
Eileen Van Matre
25
26
27
28
91338.02/432890,D0C -2-
PROOF OF SERVICE
Preview
MOON SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-06-2010 8:18 am Case Number: PTR-04-286372 Filing Date: Jul-02-2010 8:13 Juke Box: 001 Image: 02900111 DECLARATION IN THE MATTER OF THE LEONARD B. CAMERON TRUST 001P02900111 Instructions: Please place this sheet on top of the document to be scanned. sea eee name rant, ce een rteite JONATHAN S. O'DONNELL (SBN 100051) £ jon@mbvlaw.com Sar Fra JACK C, PRAETZELLIS (SBN 267765) MCiseg jack@mbvlaw.com Cun, MBV LAW LLP ero, 855 Front Street San Francisco, California 94111 Mk 09 24 10 Telephone: 415-781-4400 & ie unr Facsimile: 415-989-5143 Attorneys for U.S, BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE FUNDING LLC MORTGAGE BACKED SECURITIES SERIES 2006-2 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO il ee wg 12 In the Matter of the Case No. PTR-04-286372 am he 13 LEONARD B. CAMERON 2003 TRUST DECLARATION OF JONATHAN S, %0 O'DONNELL IN SUPPORT OF U.S. Bo 40° 14 BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY of 15 CHASE FUNDING LLC MORTGAGE ae BACKED SECURITIES SERIES 2006-2'S) 16 MOTION TO ABATE PETITIONER'S Pa SECTION 850 PETITION AND TRANS- A~sz 17 FER THIS MATTER TO CIVIL COURT e« PURSUANT TO PROBATE CODE SEC- oa 18 TION 856.5 OR, ALTERNATIVELY, FOR A CONTINUANCE PURSUANT TO PRO- 19 BATE CODE SECTION 852 20 Date: July 29, 2010 Time: 1:30 p.m. 21 Dept: Probate, Room 2004 22 BY FA. I, Jonathan S. O'Donnell, hereby declare: 24 1 lam a partner in the firm of MBV Law LLP, counsel of record for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE 26 FUNDING LLC MORTGAGE BACKED SECURITIES SERIES 2006-2 (U.S, BANK"), in 27 this action. Each of the matters set forth in this declaration is within my personal knowl- 28 edge, and if called as a witness, I am competent to testify thereto, O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT aa cetns acum rae vane arene ae ee 2. I submit this declaration in support of U.S. BANK's Motion to Abate Peti- tioner's Section 850 Petition and transfer this matter to Civil Court Pursuant to Probate Code Section 856.5. 3 Petitioner THOMAS A. LUCAS, Successor Trustee of the Leonard B. Cam- eron 2008 Trust, filed the instant Petition on June 23, 2010. The hearing date on said Petition is currently set for August 4, 2010. 4 U.S. BANK was served with the Petition as a "Person Entitled to Notice." For several reasons, the Court should abate this action and transfer the matter for de- termination by a civil court. 10 5. This is a very complex case, both factually and legally. Petitioner alleges we i that two loans secured by deeds of trust, one for $450,000 from 2005 and the other for ut 12 $665,000 from 2006, were procured through "fraud, undue influence and/or forgery,” wa” 13 by John Hill, the prior successor trustee of Mr. Cameron's trust. Allegedly, Mr. Cameron suffered from dementia at the time Mr. Hill defrauded him. Both loans encumbered the HO 20 o- 15 Trust property located at 195 Hampton Road, Martinez, California. The $665,000 loan “Zz 16 paid off the $450,000 loan and provided a "cash out" amount of $187,000. w< ae, 17 6. Moving party U.S. BANK is the current holder of the $665,000 note and on 18 the present payee. The $665,000 note was issued and then securitized and is currently 19 held by U.S. BANK as Trustee. 20 7. U.S. BANK therefore has over a half million dollars at stake. If the subject 21 loans are declared void, as Petitioner requests, it has lost that money. Clearly, signifi- cant discovery has to be conducted into what transpired here, including inquiries into 23 the alleged fraud perpetrated by John Hill, Mr. Cameron's medical and mental condition 24 at that time, whether the $665,000 paid off valid debts and is therefore entitled to equi- 25 table subrogation, etc. Moreover, U.S. BANK will need to assert a cross-complaint 26 against John Hill and others in which its claim for equitable subrogation will also be as- 27 serted. Finally, from a legal standpoint, whether the two loans are void or voidable must 28 also be argued and determined. 91338.02/432727.D0C -2- O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT Seer eereemaer rm omy 8 For all or these reasons, this matter is better suited for the Civil Court. There is simply no reason for the Probate Court to retain jurisdiction. The only benefici- ary of the Trust is a college fund, not an individual desperately in need of funds. There is simply no exigency or other reason for this matter to remain in the Probate Court and be adjudicated so quickly, 9 Ata minimum, a continuance of the August 4, 2010 hearing for several months should be granted in order to allow U.S. BANK sufficient time to conduct the necessary discovery and otherwise prepare for the hearing in the event this Court does not transfer this matter to the Civil Court. 10 I declare under penalty of perjury under the laws of the State of California that the nN foregoing is true and correct and this declaration was executed on June 30, 2010 at San Be ay 12 Francisco, California. 13 14 We — V KO dou Jonathan S. O'Donnell o- oz 16 u< o°) 17 on 18 19 20 21 24 25 26 27 28 91338.02/432727.D0C -3- O'DONNELL DECLARATION IN SUPPORT OF MOTION FOR ABATEMENT sens “pe pesmi tien we PROOF OF SERVICE Tam over the age of eighteen years of age, not a party to this action, and employed in the City and County of San Francisco at the law offices of MBV Law LLP, 855 Front Street, San Francisco, California 94111. On July 2, 2010, I served a copy of the Declaration of Jonathan S. O'Donnell in Support of U.S. Bank National association, as Trustee Relating to Chevy Chase Funding LLC Mortgage Backed Securities Series 2006-2 Motion to Abate Petitioner's Section 850 Petition and Transfer This Matter to Civil Code Section 856.5 or, Alternatively, for a Con- tinuance Pursuant to Probate Code Section 852 by placing a true and correct copy ina 10 sealed envelope, with postage prepaid, to be deposited with the United States Postal Ser- 11 vice on this day following ordinary business practices addressed opposing counsel at the Re WT we 12 office address as last given, as follows: am v< “yu 13 Brian J. McCaffrey, Esq. 523 Octavia Street 14 San Francisco, California 94102 49° Attorneys for Petitioner iomas A. Lucas, Successor Trustee a2 15 40 16 and by causing a true and correct copy to be placed in a sealed envelope, with postage me ee 17 prepaid, to be deposited with the United States Postal Service on this day following ordi- a -2 = 25 18 nary business practices addressed opposing counsel at the office address as last given, 19 follows: 20 Ernest F. Der, Esq. Skootsky & Der 21 90 New Montgomery Street, Suite 905 San Francisco, California 9410, 22 Court Appointed Attorney for Leonard B. Cameron 23 United Negro college Fund Post Office Box 10444 Fairfax, Virginia 22031 Residuary Beneficiary of Trust Lawrence Siracusa 26 Witherspoon& Siracusa 1550 Bryant Street, Suite 875 27 San Francisco, California 94103 Counsel for Petitioner 28 91338.02/432890.D0C PROOFOF SERVICE nec am eer Sih Kevin Solan, Esq. A Solan & Par! , LLP 685 Market Street, Suite 360 San Francisco, California 94105 Counsel f ‘or Platte River Surety ‘Company (Surety for John Hill) John Hill 660 Fourth Street, No. 120 San Francisco, California 94107 Former Trustee John Hill 12 Hillview Court San Francisco, California 94124 Former Trustee John Hill 539 Divisadero Street, No. 397 10 San Francisco, California 94117 Former Trustee 1 arr Charles C, McKenna, esq. 12 Wright, Finla hs & Zack LLP uy wae 4665 MacArt ur Court, Suite 280 13 Newport Beach, California 92060 Attorneys for Capital One Financial Corp. (Prior Holder of Loan) ro 14 2V¥ Wachovia Mortgage Corporation and o- 15 Wells Fargo Bank ez c/o CSC Lawyers Incorporating Service u< 16 2730 Gateway Oaks Drive, Suite 100 Sacramento, California 95833 a7, 17 Sierra Pacific Mortgage Company, Inc., successor in interest to an 18 ist national Lending VICES c/o National Registered Agents, Inc. 19 2875 Michelle Drive, Suite 100 Irvine, California 92606 20 21 I declare under penalty of perjury under the laws of the State of California 22 that the foregoing is true and correct and that this declaration was executed on July 2, 23 2010 at San Francisco, California. Cte Ve oa. Eileen Van Matre 25 26 27 28 91338.02/432890,D0C -2- PROOF OF SERVICE