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THE DLJ LAW FIRM, P.C. ELECTRONICALLY FILED
Dorian L. Jackson, Esq. (Bar No. CA 269795) SUPERIOR COURT OF CALIFORNIA
2851 W. 120th St., Suite E #524 COUNTY OF SAN BERNARDINO
FONTANA DISTRICT
Hawthorne, CA 90250
Telephone: (310) 359—9201 9/1/2023 1:49 PM
Facsimile: (310) 359-9202
Email: diackson@dlilawfirm.com By: Elizabeth Aguilar, DEPUTY
Attorneys for Rita Armz'jo,
Respondent
\DOOQQ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
In re: Case No: TRU-PS-1900134
10
THE FELICITAS GONZALES LIVING
11 TRUST dated 7/3/17 RITA ARMIJO’S NOTICE OF MOTION
AND MOTION TO EXPUNGE LIS
12 PENDENS
P.C. 1 1/2/2023
13 JAMES C. GONZALES, as heir and
beneficiary of the ESTATE OF FELICITAS
FIRM,
14 PONCE GONZALES,
15 Petitioner,
LAW
16 V.
DLJ
17 ESTATE 0F VICTOR M. GONZALES, and
Rita Armijo, as Personal Representative of the
18 Estate 0f Victor M. Gonzales, and DOES 1
THE through 25, inclusive,
19
Respondents.
20
RITA ARMIJO, Administrator for the Estate
21 of Victor Gonzales,
22 Petitioner
23 V.
24 JAMES C. GONZALES, individually and as
co—trustee of THE FELICITAS GONZALES
25 LIVING TRUST dated 7/3/17, and DOES 1
through 25, inclusive
26
Respondents.
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RITA ARMIJO’S NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
TO THE ABOVE-ENTITLED COURT AND ALL INTERESTED PARTIES HEREIN:
PLEASE TAKE NOTICE that 0n ,
at A.M.,
or as soon thereafter as the matter may be heard, in Department 8 of the above-entitled Court, located
at 17780 Arrow Boulevard, Fontana, CA 92335, Rita Armijo, Administrator for Estate 0f Victor
Gonzales (“Administrator”) will and hereby do move to expunge a 11's pendens recorded by Robert J.
Spitz, Esq. (Mr. “Spitz”) of The Law Office of Robert J. Spitz as counsel for James C. Gonzales
(“Petitioner”) pursuant t0 Code Civ Proc § 405.30, et. seq. The lis pendens was recorded on Jun. 27,
20 1 9, as Instrument Number 2019-0213248.
10
This motion is made on the grounds that:
11
1. The lis pendens are void ab initio and invalid for failure t0 comply with. (Code Civ. Proc.
12
P.C. §§ 405.22, 405.23.)
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2. Petitioner cannot establish by a preponderance 0f the evidence the probable validity of a
14
FIRM,
15 real property claim. (Code Civ Proc § 405.32.)
LAW
16 The Administrator also hereby moves the Court for an award of attorney’s fees and costs pursuant
DLJ
17 t0 Code Civ Proc § 405.38 in the amount 0f $28,775.00 against Robert The Law Office
J. Spitz, Esq.,
18
THE 0f Robert J. Spitz and James C. Gonzales jointly and severally.
19
This motion t0 expunge the lis pendens is based upon this Notice, the attached Memorandum of
20
Points and Authorities, concurrently filed, Declaration 0f Dorian L. Jackson, Esq. and exhibits
21
attached thereto, Request for Judicial Notice, and all records, papers and pleadings on file in this
22
23 action, such oral argument as the Court may consider at the hearing of this motion, and any matters 0f
24 which the Court may 0r must take judicial notice pursuant t0 Evid. Code §§ 452-453.
25
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RITA ARMIJO’S NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS
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THE DLJ LAW FIRM, P.C. ELECTRONICALLY FILED Dorian L. Jackson, Esq. (Bar No. CA 269795) SUPERIOR COURT OF CALIFORNIA 2851 W. 120th St., Suite E #524 COUNTY OF SAN BERNARDINO FONTANA DISTRICT Hawthorne, CA 90250 Telephone: (310) 359—9201 9/1/2023 1:49 PM Facsimile: (310) 359-9202 Email: diackson@dlilawfirm.com By: Elizabeth Aguilar, DEPUTY Attorneys for Rita Armz'jo, Respondent \DOOQQ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO In re: Case No: TRU-PS-1900134 10 THE FELICITAS GONZALES LIVING 11 TRUST dated 7/3/17 RITA ARMIJO’S NOTICE OF MOTION AND MOTION TO EXPUNGE LIS 12 PENDENS P.C. 1 1/2/2023 13 JAMES C. GONZALES, as heir and beneficiary of the ESTATE OF FELICITAS FIRM, 14 PONCE GONZALES, 15 Petitioner, LAW 16 V. DLJ 17 ESTATE 0F VICTOR M. GONZALES, and Rita Armijo, as Personal Representative of the 18 Estate 0f Victor M. Gonzales, and DOES 1 THE through 25, inclusive, 19 Respondents. 20 RITA ARMIJO, Administrator for the Estate 21 of Victor Gonzales, 22 Petitioner 23 V. 24 JAMES C. GONZALES, individually and as co—trustee of THE FELICITAS GONZALES 25 LIVING TRUST dated 7/3/17, and DOES 1 through 25, inclusive 26 Respondents. 27 28 1 RITA ARMIJO’S NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS TO THE ABOVE-ENTITLED COURT AND ALL INTERESTED PARTIES HEREIN: PLEASE TAKE NOTICE that 0n , at A.M., or as soon thereafter as the matter may be heard, in Department 8 of the above-entitled Court, located at 17780 Arrow Boulevard, Fontana, CA 92335, Rita Armijo, Administrator for Estate 0f Victor Gonzales (“Administrator”) will and hereby do move to expunge a 11's pendens recorded by Robert J. Spitz, Esq. (Mr. “Spitz”) of The Law Office of Robert J. Spitz as counsel for James C. Gonzales (“Petitioner”) pursuant t0 Code Civ Proc § 405.30, et. seq. The lis pendens was recorded on Jun. 27, 20 1 9, as Instrument Number 2019-0213248. 10 This motion is made on the grounds that: 11 1. The lis pendens are void ab initio and invalid for failure t0 comply with. (Code Civ. Proc. 12 P.C. §§ 405.22, 405.23.) 13 2. Petitioner cannot establish by a preponderance 0f the evidence the probable validity of a 14 FIRM, 15 real property claim. (Code Civ Proc § 405.32.) LAW 16 The Administrator also hereby moves the Court for an award of attorney’s fees and costs pursuant DLJ 17 t0 Code Civ Proc § 405.38 in the amount 0f $28,775.00 against Robert The Law Office J. Spitz, Esq., 18 THE 0f Robert J. Spitz and James C. Gonzales jointly and severally. 19 This motion t0 expunge the lis pendens is based upon this Notice, the attached Memorandum of 20 Points and Authorities, concurrently filed, Declaration 0f Dorian L. Jackson, Esq. and exhibits 21 attached thereto, Request for Judicial Notice, and all records, papers and pleadings on file in this 22 23 action, such oral argument as the Court may consider at the hearing of this motion, and any matters 0f 24 which the Court may 0r must take judicial notice pursuant t0 Evid. Code §§ 452-453. 25 //// 26 //// 27 //// 28 2 RITA ARMIJO’S NOTICE OF MOTION AND MOTION TO EXPUNGE LIS PENDENS