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Rod W. Burton, — SBN 241773
I I I
Tholnas M. Sivett — SBN 232423
BURTON 8. SWE'I I 10/16/2023
47 Main Street
Sutter Creek, CA 95685
Telephone: (209) 267-9217
Facsimile: (209) 992-4077
rod burtonstvett.corn
tom burtonsvvett.corn
Attorneys I'or Petra Riguero
SUPERIOR COURT Ol'ALII ORNIA
COUNTY OI CALAVERAS — CIVIL UNLIMITED DIVISION
23CV46995
10 PETRA RIGUERO. Case No.:
ll Plaintil'f, VERIFIEI) COI)I PLAINT FOR
vs. BREACH OF Fll)UCIARY l)UTY;
12 VIOLATION OF PROBATE COI)E
RICI-IARD MENDEZ, individually, (I 8200; ANI) FOR REIIIOVAL OF
13 RICI-IARD MENDEZ, executor of Tl-IE EXECUTOR FOR FRAUI) UNI)ER
ES'I ATE OF RACHEL GLORIA MENDEZ;
14 and DOES I to 10, inclusive, (8502
15 Defendants. CIVIL UNLIMITED CASE
(Amount demanded exceeds $ 25,000)
16
17 Plainti(TPETRA RIGUERO (" plaintiff" ) alleges as follovvs:
18 1. Plaintiff is a California resident and over the age of 18.
19 Del'endants RICI-IARD MENDEZ, individually. and RICIIARD MENDEZ, as
70 executor of TI IE ESTATE OF RACI IEL GLORIA MENDEZ are residents ol'Calaveras County,
21 Calil'ornia.
77 3. I'laintilf is igltorant ol; and cannot presently ascertain, the true identities ol'he
73 delcndants named herein as DOFS I to 10, inclusive, and theref'ore sues said del'endants by such
fictitious names. Plaintil'f lvill amend this pleading to add the true nalnes and capacities ol'said
25 Doe del'endants once they have been ascertained. Any reference to 'defendant'r any del'endant
26 expressly named herein shall be deemed to include each and every DOE defendant.
77 4. On inl'ormation and beliel; del'cndants DOE I through DOE 10, inclusive, are in
solne manner responsible for some or all ol'he matters complained of in this complaint either
I
Valu EI Eo COMI'I.AIIYi I'oil BIIEACu oa Pl oucIARY DETY, ETC.
directly or as agents, partners, ol'I"tcers, or other representatives of any expressly named
defendant.
FACTUALIJACKGROUND
5. On or around April 12, 2023, Rachel Gloria Mendez (hereat'ter the 'Decedent" )
passed away, at the time, she owned real property in, and was domiciled in, Calaveras County.
At the time of'er death, she was mturied to the def'endant Richard Mendez (hereal'ter "Mr.
Mendez").
6. As part of her estate plan, which included a Last Will and Testament, and
Advanced I-lealthcare Directive, the Decedent executed an End ol'il'e Plan rel'erencing her
10 husband Richard Mendez, as executor of her vvill, and describing in detail her linial wishes in-
regards to the disposition ol'her remains, obituary, services held in her memory, and her desire to
12 be buried.
13 7. A true and correct copy of the Decedents March 27. 2023 End ol'ile I'lan
14 (hereafter the 'Plan" ) is attached hereto as Lxhibil I. The Plan was both witnessed by tvvo (2)
15 disinterested witnesses and notarized.
16 8. On or around April 10, 2023, Mr. Mendez was contacted by the I'laintiff to
17 discuss services and the Decedents Plan regarding her I'uneral and memorial service wishes. Mr.
Mendez responded that "he did not wish to discuss I'uneral services'* and that "he was aware of
her will."
20 9. On or around April 16, 2023, (I'our (4) days al'ter his wii'e's passing) Mr. Mendez
21 was contacted again by phone regarding what was to be done with the remains oi'is late wif'c
22 and her stated wishes regarding her burial. Mr. Mendez did not answer the call and a voice
23 message was lel't. Mendez later texted back to the Plaintil'I'hat "I don't tolerate disrespect I
24 honestly don't I'now what caused this have a nice lii'e al'ter all the things you'e done to me." No
25 other communication l rom Mr. Mendez was received.
10. I-laving no direction I)rom the Decedents husband, and having the Decedents End
27 of'I.ife plan, the I'laintiff and her siblings were I'oread to move I'orward tvith the funeral services
28 without assistance I'rom Mr. Mendez. Causing them to pay all of'the costs themselves, and at no
2
Vettlatl u Comit t ntrrr rott t3ttar at ol: Floucwlt Y Duzv. ETC.
time did Mr. Iviendez offer to help with any linancial assistance.
11. The Plaintiff moved fortvard with the Decedents wishes in her End of Life Plan,
and enlisted the services of Lima Family Erickson Memorial Chapel and Oak I-lill lvlemorial
Park respectively. Attached as Exhibit 2 are true and conect invoices from both Lima I amily
Erickson Memorial Chapel and Oak I-lill Memorial Park. Mendez did not attend his late wife'
memorial service.
12, Mendez has refused all calls and requests for reimbursement. and never lodged
the Decedents Last Will and testament with Calaveras County Clerl as is required by Cal
Probate Code section 8200.
10 13. In or around August of 2023, the Sutter Creek law ltrm of Burton & Swett tvas
retained to try to recover the cost of the Decedents memorial service and burial plot. Attached as
12 Exhibit 3 is a true and correct copy of the August 17, 2023 correspondence sent by Burton &
13 Swett.
14 14. At no point has Ivlendez offered any linancial reimbursement to the Decedents
15 children. Prior to the initiation of this lawsuit, Plaintii'I'as expended $ 36.726.40 in expenses in
16 carrying out the Decedents lats wishes. Plaintiff seeks reimbursement for these alorementioned
17 expenses, an award of double expenses under Probate Code section 859, for Mendez's bad I'aith.
18 and recover and attorney I'ees under Welfare and Institutions code section 15657.5.
19
20 FI INST CAUSE OF ACTION
21 (Brcach of I'iduciary Duty by Plaintiff Against All Defendants)
22 15. Plaintiff real leges and incorporates into this cause of action each of the allegations
7"J above.
24 16. Defendant, individually and as executor of his late tvif'e's estate, had a itduciary
25 duty to the estate and its heirs. Defendant breached their duty to Plaintilf, in/er «ii«,
26 intentionally hiding the Decedents Will, rei'using to follow his late tVife's wishes regarding her
27 memorial service and burial, and relusing to reimburse his late wife's children.
28 17. Del'endants'reaches caused liat'In to Plaintifi by relying on I'laintifi'o carry out
3
VEItlFIEo COMI'1AINT Foa 0ltEACII ol'lutlCIAlt Y Durv, ETC.
I his late wife s wishes and failing to use any of the estate's resources to help pay. Defendants. by
2 virtue of their breach, also received and retained estate lunds that should have been allocated to
3 her memorial and funeral expenses. Plaintil'I s damages will be proven at trial but in no event are
4 they less than $ 36,726.40.
5 18. Defendants'ctions were willlul, wonton, and malicious, constitute a fraud
6 perpetrated upon Plaintiff, and were undertal'en with conscious disregard Ior his late wil'e s
7 wishes.
8 19. Plaintiff is entitled to recover all damages proximately caused by Defendants
9 wrongful acts, which includes attonIeys'ees as allowed by statute.
10 SECOND CAUSE OF ACTIOiN
(Violation of Probate code f)8200 by Plaintiff Against AII Defendants)
12 20. Plaintiff realleges, and incorporates into this cause of action each of the
13 allegations above.
14 21. Defendant Richard Mendez violated Probate Code section 8200 by failing to
15 lodge his late wife's will with the County Clerl within thirty (30) days of her death. This failure
16 to provide the Will to the County Clerk makes him liable for all damages sustained by "any
17 person injured by this failure."(Probate Code f)8200(2)(b).
18 22. As a result of the wrongful acts alleged herein, Plaintiff has been harmed in an
19 amount to be proven at trial, but in no event less than $ 36,726.40.
20 THIRD CAUSE'F ACTION
21 (Removal of Executor for Fraud under I)8502 by
22 I'laintiff Against Defendant Richard Mendez Executor)
3 23. Plaintiff'ealleges, and incorporates into this cause of action each of the
24 allegations above.
25 24. The willful act of hiding the Decedents IVIII and failure to pay any of his late
26 wife's memorial and funeral services constitute an unlair. unlawful, and/or fraudulent act
27 sufftcient to prevent Mr. Mendez I'rom serving as executor of the Decedents estate.
28
4
VERIFIEOCOMI'I.AINT I'OR BIIEACII OF FIDUCIARY DUTY, ETC.
25. As such, Defendant should be removed as Executor and prevented from acting as
such in any luture probate proceedings il'necessary.
WHEREFORE, Plaintiff prays for judgment against Dcfcndants, and each of them,
as follows:
1. For special damages in an amount to be proven at trial, but in no event less than
$ 36,7126.40
2. For dalnages of 836,716.40 under 1'robate code section 859.
Delendant Richard Mendez be removed as executor of 1'he Estate of Rachel
Gloria Mendez.
10 4. For attorneys'ees as allowed by statute according to prool;
5. For prejudgment interest;
6. For costs of suit; and
13 7. For such other and further relief as the court deems just and proper.
14
15
16 BUR1'7
DATED: OCTOBER 5, 2073
18
ROO W. BURTON, 11IISEf.
19 ATTORNEYS FOR PLAINTIFF
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VERIFIED Coaal'I.AINT Folt Bltcscn os FIDUCIARY DtITY, E'rc.
VEICI F ICATION
I, the undersigned and a plaintiff in this action, certil'y and declare that I have read the
Ioregoing Verilied Complaint for BREACH OF FIDUCIARY DUTY; VIOLATION Ol
5 PROBATE CODE l; 8200: AND I'OR REMOVAI, OI EXECUTOR FOR I RAUD UNDER
sS8502 and know the contents thereof. I have personal knowledge that the facts alleged therein are
true, except as to those facts alleged upon inl'ormation and beliel; and as to those I'acts, I believe
them to be true.
I declare under penalty of perjury under the laws of'he State of California that the
10 foregoing is true and correct and that this verification was executed on Oct 10, 2023,
Pub.a Pimento
p t h'231%4TPDT1
PETRA RIGUERO
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Vaaieiro Cosiai nor ron Bit it act or Finuaniiv Durv, Erc.
I
EXHIBIT
EXHIBIT 1
END OF LIFE PLAN
FOR
RACHEL GLORIA MENDEZ
End-of-Life Plan for Rachel Gloria Mendez
I, Rachel Gloria Mendez, currently of Valley Springs, CA, being of sound mind, willfully and
voluntarily declare that these are my final wishes as to the disposition of my body after my death and
any services or memorialization to be held in my name.
This document is not intended to be interpreted as my Last Will aud Testament.
Appointee
of my Last Will and Testament, Richard Mendez, currently of
I request that the executor
Valley Springs, CA, be in charge of planning and executing my last wishes.
Phone: (209) 858-8686
Death Announcement
a. I wish to have an olntuaty submitted to Valley Springs News Paper in Valley Springs.
My obituary should include my:
Date of birth: May 20, 1947
Birthplace: San Antonio, Texas
Surviving family members at the time of my death
I'inal place of residence
c, I do not wish any details of my funeral or other services be included in my obituary.
Organ Donation
a. Iwish to donate my organs upon my death and iun a registered organ donor in the state of
California.
Final Disposition of My Body
a. Upon my death, I wish my body to be buried.
Page l of 3
Lnd-of Life Plan Pane 2 of 3
Services in My Memory
a. Upon my death, I wish to have the following services to commemorate my lifo:
i. Visitation
ii. Funeral
iii. Graveside Service
iv. Memorial Service
Financing
a. I request that any expenses be paid for out of my estate.
b. There will be no cap on the cost of my expenses.
I recognize that it may not be possible for my appointee to fulfill all of my wishes and request that
Richard Mendez act to follow the spirit of these wishes as well as they can and within the limits of any
applicable law.
SIGNATURLt
Date
Rachel Gloria Mendez
End-of Life Plan Pane 3 of 3
WITNESSES
ct f C.4
SIGNED AND DECLARED by Rachel Gloria Mendez on the day of '
'I/)
rl x
'/-" J-~ to be the declarant's End-of-Life Plan expressing their own wishes as to the disposition of
their body and any services to be held in their name. We declare that Rachel Gloria Mendez is
personally known to us, that they signed this End-of-Life Plan in our presence, and that they appeared
'Yi
tabb~
of soutld ming and not cting under duress, fraud, or undue influence.
I tlfcwh I)
ess ¹I Signature
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8 itness ¹I Name (please print)
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Date
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CdffvJ
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Witness ¹2 Signature
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Witness ¹2 game (please print)
Date
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02002-2023 LawnepoLcomae
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
$ $ $ tvavtalaaSIraafsvltartsf
A notary public or other of tice r completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, cr validity of thai document.
!
State of California
Countyof SantaClara
O, IL1aydq 2 I POZB before me Neha Bishnoi, Notarv Public
Date Here insert/yama and Title of the Officer
personally appeared
C/ e,l "rIOI td( Pte.f)d/.Z.
Name fd/ of Signer(S/
who proved to me on the basis of satisfactory evidence to be the personJa) whose name(S) Is/afe subscribed
to the within instrument and acknowledged to me that Jze/she/t)rey executed the same in Ate/her/their
authorized capacity(ies), and that byJrta/her/tha)r signature(s) on the instrument the person)s);or the entity
upon behalf of ivhich the person(a/acted, executed the instrument.
Icertify under PENALTY OF PERJURY under the
h) EHA BISHh(Q( laws of the State of California that the foregoing
CO(yiM f/ 239'N45 zi paragraph is true and correcL
Santa Clara County I;",
WITNESS my hand and official seal.
california Notary Public ~
omrn Exp N I; 17, 2626 i
Signature
Place Notary Seal and/or Stamp Abave Signature of Notary Public
OPTIONAL
Completing this lnformat/on can deter alteration of the document or
fraudulent reatiachment of lh/s form to an unintended document.
Title or Tbype of~Dbocumen~ti TFD IS I 41'~~ ~
r
~0) ~X~( 4d 4(()FI~
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(pic Claimed by Signer f6) .
Signer's Name: fxtAC4@ /I L/ /CT lf/) Ektgner'6 Name:
O Corporate Officer — Title(s): o Corporate Officer — Title(s):
O Partner — O Limited o General o Partner — o Limited o General
O Individual O Attorney in Fact o Individual O Attorney in Fact
O Trustee o Guardian or Conservator o Trustee O Guardian or Conservator
O Other: o Other:
Signer Is Representing: Self Signer is Representing.
2019 National Notary Association
EXHIBIT 2
INVOICES FROM LIMA FAMILY
ERICKSON MEMORIAL
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AND
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Rod W. Burton, — SBN 241773 I I I Tholnas M. Sivett — SBN 232423 BURTON 8. SWE'I I 10/16/2023 47 Main Street Sutter Creek, CA 95685 Telephone: (209) 267-9217 Facsimile: (209) 992-4077 rod burtonstvett.corn tom burtonsvvett.corn Attorneys I'or Petra Riguero SUPERIOR COURT Ol'ALII ORNIA COUNTY OI CALAVERAS — CIVIL UNLIMITED DIVISION 23CV46995 10 PETRA RIGUERO. Case No.: ll Plaintil'f, VERIFIEI) COI)I PLAINT FOR vs. BREACH OF Fll)UCIARY l)UTY; 12 VIOLATION OF PROBATE COI)E RICI-IARD MENDEZ, individually, (I 8200; ANI) FOR REIIIOVAL OF 13 RICI-IARD MENDEZ, executor of Tl-IE EXECUTOR FOR FRAUI) UNI)ER ES'I ATE OF RACHEL GLORIA MENDEZ; 14 and DOES I to 10, inclusive, (8502 15 Defendants. CIVIL UNLIMITED CASE (Amount demanded exceeds $ 25,000) 16 17 Plainti(TPETRA RIGUERO (" plaintiff" ) alleges as follovvs: 18 1. Plaintiff is a California resident and over the age of 18. 19 Del'endants RICI-IARD MENDEZ, individually. and RICIIARD MENDEZ, as 70 executor of TI IE ESTATE OF RACI IEL GLORIA MENDEZ are residents ol'Calaveras County, 21 Calil'ornia. 77 3. I'laintilf is igltorant ol; and cannot presently ascertain, the true identities ol'he 73 delcndants named herein as DOFS I to 10, inclusive, and theref'ore sues said del'endants by such fictitious names. Plaintil'f lvill amend this pleading to add the true nalnes and capacities ol'said 25 Doe del'endants once they have been ascertained. Any reference to 'defendant'r any del'endant 26 expressly named herein shall be deemed to include each and every DOE defendant. 77 4. On inl'ormation and beliel; del'cndants DOE I through DOE 10, inclusive, are in solne manner responsible for some or all ol'he matters complained of in this complaint either I Valu EI Eo COMI'I.AIIYi I'oil BIIEACu oa Pl oucIARY DETY, ETC. directly or as agents, partners, ol'I"tcers, or other representatives of any expressly named defendant. FACTUALIJACKGROUND 5. On or around April 12, 2023, Rachel Gloria Mendez (hereat'ter the 'Decedent" ) passed away, at the time, she owned real property in, and was domiciled in, Calaveras County. At the time of'er death, she was mturied to the def'endant Richard Mendez (hereal'ter "Mr. Mendez"). 6. As part of her estate plan, which included a Last Will and Testament, and Advanced I-lealthcare Directive, the Decedent executed an End ol'il'e Plan rel'erencing her 10 husband Richard Mendez, as executor of her vvill, and describing in detail her linial wishes in- regards to the disposition ol'her remains, obituary, services held in her memory, and her desire to 12 be buried. 13 7. A true and correct copy of the Decedents March 27. 2023 End ol'ile I'lan 14 (hereafter the 'Plan" ) is attached hereto as Lxhibil I. The Plan was both witnessed by tvvo (2) 15 disinterested witnesses and notarized. 16 8. On or around April 10, 2023, Mr. Mendez was contacted by the I'laintiff to 17 discuss services and the Decedents Plan regarding her I'uneral and memorial service wishes. Mr. Mendez responded that "he did not wish to discuss I'uneral services'* and that "he was aware of her will." 20 9. On or around April 16, 2023, (I'our (4) days al'ter his wii'e's passing) Mr. Mendez 21 was contacted again by phone regarding what was to be done with the remains oi'is late wif'c 22 and her stated wishes regarding her burial. Mr. Mendez did not answer the call and a voice 23 message was lel't. Mendez later texted back to the Plaintil'I'hat "I don't tolerate disrespect I 24 honestly don't I'now what caused this have a nice lii'e al'ter all the things you'e done to me." No 25 other communication l rom Mr. Mendez was received. 10. I-laving no direction I)rom the Decedents husband, and having the Decedents End 27 of'I.ife plan, the I'laintiff and her siblings were I'oread to move I'orward tvith the funeral services 28 without assistance I'rom Mr. Mendez. Causing them to pay all of'the costs themselves, and at no 2 Vettlatl u Comit t ntrrr rott t3ttar at ol: Floucwlt Y Duzv. ETC. time did Mr. Iviendez offer to help with any linancial assistance. 11. The Plaintiff moved fortvard with the Decedents wishes in her End of Life Plan, and enlisted the services of Lima Family Erickson Memorial Chapel and Oak I-lill lvlemorial Park respectively. Attached as Exhibit 2 are true and conect invoices from both Lima I amily Erickson Memorial Chapel and Oak I-lill Memorial Park. Mendez did not attend his late wife' memorial service. 12, Mendez has refused all calls and requests for reimbursement. and never lodged the Decedents Last Will and testament with Calaveras County Clerl as is required by Cal Probate Code section 8200. 10 13. In or around August of 2023, the Sutter Creek law ltrm of Burton & Swett tvas retained to try to recover the cost of the Decedents memorial service and burial plot. Attached as 12 Exhibit 3 is a true and correct copy of the August 17, 2023 correspondence sent by Burton & 13 Swett. 14 14. At no point has Ivlendez offered any linancial reimbursement to the Decedents 15 children. Prior to the initiation of this lawsuit, Plaintii'I'as expended $ 36.726.40 in expenses in 16 carrying out the Decedents lats wishes. Plaintiff seeks reimbursement for these alorementioned 17 expenses, an award of double expenses under Probate Code section 859, for Mendez's bad I'aith. 18 and recover and attorney I'ees under Welfare and Institutions code section 15657.5. 19 20 FI INST CAUSE OF ACTION 21 (Brcach of I'iduciary Duty by Plaintiff Against All Defendants) 22 15. Plaintiff real leges and incorporates into this cause of action each of the allegations 7"J above. 24 16. Defendant, individually and as executor of his late tvif'e's estate, had a itduciary 25 duty to the estate and its heirs. Defendant breached their duty to Plaintilf, in/er «ii«, 26 intentionally hiding the Decedents Will, rei'using to follow his late tVife's wishes regarding her 27 memorial service and burial, and relusing to reimburse his late wife's children. 28 17. Del'endants'reaches caused liat'In to Plaintifi by relying on I'laintifi'o carry out 3 VEItlFIEo COMI'1AINT Foa 0ltEACII ol'lutlCIAlt Y Durv, ETC. I his late wife s wishes and failing to use any of the estate's resources to help pay. Defendants. by 2 virtue of their breach, also received and retained estate lunds that should have been allocated to 3 her memorial and funeral expenses. Plaintil'I s damages will be proven at trial but in no event are 4 they less than $ 36,726.40. 5 18. Defendants'ctions were willlul, wonton, and malicious, constitute a fraud 6 perpetrated upon Plaintiff, and were undertal'en with conscious disregard Ior his late wil'e s 7 wishes. 8 19. Plaintiff is entitled to recover all damages proximately caused by Defendants 9 wrongful acts, which includes attonIeys'ees as allowed by statute. 10 SECOND CAUSE OF ACTIOiN (Violation of Probate code f)8200 by Plaintiff Against AII Defendants) 12 20. Plaintiff realleges, and incorporates into this cause of action each of the 13 allegations above. 14 21. Defendant Richard Mendez violated Probate Code section 8200 by failing to 15 lodge his late wife's will with the County Clerl within thirty (30) days of her death. This failure 16 to provide the Will to the County Clerk makes him liable for all damages sustained by "any 17 person injured by this failure."(Probate Code f)8200(2)(b). 18 22. As a result of the wrongful acts alleged herein, Plaintiff has been harmed in an 19 amount to be proven at trial, but in no event less than $ 36,726.40. 20 THIRD CAUSE'F ACTION 21 (Removal of Executor for Fraud under I)8502 by 22 I'laintiff Against Defendant Richard Mendez Executor) 3 23. Plaintiff'ealleges, and incorporates into this cause of action each of the 24 allegations above. 25 24. The willful act of hiding the Decedents IVIII and failure to pay any of his late 26 wife's memorial and funeral services constitute an unlair. unlawful, and/or fraudulent act 27 sufftcient to prevent Mr. Mendez I'rom serving as executor of the Decedents estate. 28 4 VERIFIEOCOMI'I.AINT I'OR BIIEACII OF FIDUCIARY DUTY, ETC. 25. As such, Defendant should be removed as Executor and prevented from acting as such in any luture probate proceedings il'necessary. WHEREFORE, Plaintiff prays for judgment against Dcfcndants, and each of them, as follows: 1. For special damages in an amount to be proven at trial, but in no event less than $ 36,7126.40 2. For dalnages of 836,716.40 under 1'robate code section 859. Delendant Richard Mendez be removed as executor of 1'he Estate of Rachel Gloria Mendez. 10 4. For attorneys'ees as allowed by statute according to prool; 5. For prejudgment interest; 6. For costs of suit; and 13 7. For such other and further relief as the court deems just and proper. 14 15 16 BUR1'7 DATED: OCTOBER 5, 2073 18 ROO W. BURTON, 11IISEf. 19 ATTORNEYS FOR PLAINTIFF 70 21 77 3 74 75 27 28 5 VERIFIED Coaal'I.AINT Folt Bltcscn os FIDUCIARY DtITY, E'rc. VEICI F ICATION I, the undersigned and a plaintiff in this action, certil'y and declare that I have read the Ioregoing Verilied Complaint for BREACH OF FIDUCIARY DUTY; VIOLATION Ol 5 PROBATE CODE l; 8200: AND I'OR REMOVAI, OI EXECUTOR FOR I RAUD UNDER sS8502 and know the contents thereof. I have personal knowledge that the facts alleged therein are true, except as to those facts alleged upon inl'ormation and beliel; and as to those I'acts, I believe them to be true. I declare under penalty of perjury under the laws of'he State of California that the 10 foregoing is true and correct and that this verification was executed on Oct 10, 2023, Pub.a Pimento p t h'231%4TPDT1 PETRA RIGUERO 13 14 15 16 17 19 20 21 22 73 24 25 76 77 78 6 Vaaieiro Cosiai nor ron Bit it act or Finuaniiv Durv, Erc. I EXHIBIT EXHIBIT 1 END OF LIFE PLAN FOR RACHEL GLORIA MENDEZ End-of-Life Plan for Rachel Gloria Mendez I, Rachel Gloria Mendez, currently of Valley Springs, CA, being of sound mind, willfully and voluntarily declare that these are my final wishes as to the disposition of my body after my death and any services or memorialization to be held in my name. This document is not intended to be interpreted as my Last Will aud Testament. Appointee of my Last Will and Testament, Richard Mendez, currently of I request that the executor Valley Springs, CA, be in charge of planning and executing my last wishes. Phone: (209) 858-8686 Death Announcement a. I wish to have an olntuaty submitted to Valley Springs News Paper in Valley Springs. My obituary should include my: Date of birth: May 20, 1947 Birthplace: San Antonio, Texas Surviving family members at the time of my death I'inal place of residence c, I do not wish any details of my funeral or other services be included in my obituary. Organ Donation a. Iwish to donate my organs upon my death and iun a registered organ donor in the state of California. Final Disposition of My Body a. Upon my death, I wish my body to be buried. Page l of 3 Lnd-of Life Plan Pane 2 of 3 Services in My Memory a. Upon my death, I wish to have the following services to commemorate my lifo: i. Visitation ii. Funeral iii. Graveside Service iv. Memorial Service Financing a. I request that any expenses be paid for out of my estate. b. There will be no cap on the cost of my expenses. I recognize that it may not be possible for my appointee to fulfill all of my wishes and request that Richard Mendez act to follow the spirit of these wishes as well as they can and within the limits of any applicable law. SIGNATURLt Date Rachel Gloria Mendez End-of Life Plan Pane 3 of 3 WITNESSES ct f C.4 SIGNED AND DECLARED by Rachel Gloria Mendez on the day of ' 'I/) rl x '/-" J-~ to be the declarant's End-of-Life Plan expressing their own wishes as to the disposition of their body and any services to be held in their name. We declare that Rachel Gloria Mendez is personally known to us, that they signed this End-of-Life Plan in our presence, and that they appeared 'Yi tabb~ of soutld ming and not cting under duress, fraud, or undue influence. I tlfcwh I) ess ¹I Signature ';r)au)lift bi&~ 8 itness ¹I Name (please print) ns I'.) ~/as Date (Z~~ CdffvJ ~ Witness ¹2 Signature /Pf Fc 8 o Witness ¹2 game (please print) Date oJ/~ ~/z.2 02002-2023 LawnepoLcomae CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189 $ $ $ tvavtalaaSIraafsvltartsf A notary public or other of tice r completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, cr validity of thai document. ! State of California Countyof SantaClara O, IL1aydq 2 I POZB before me Neha Bishnoi, Notarv Public Date Here insert/yama and Title of the Officer personally appeared C/ e,l "rIOI td( Pte.f)d/.Z. Name fd/ of Signer(S/ who proved to me on the basis of satisfactory evidence to be the personJa) whose name(S) Is/afe subscribed to the within instrument and acknowledged to me that Jze/she/t)rey executed the same in Ate/her/their authorized capacity(ies), and that byJrta/her/tha)r signature(s) on the instrument the person)s);or the entity upon behalf of ivhich the person(a/acted, executed the instrument. Icertify under PENALTY OF PERJURY under the h) EHA BISHh(Q( laws of the State of California that the foregoing CO(yiM f/ 239'N45 zi paragraph is true and correcL Santa Clara County I;", WITNESS my hand and official seal. california Notary Public ~ omrn Exp N I; 17, 2626 i Signature Place Notary Seal and/or Stamp Abave Signature of Notary Public OPTIONAL Completing this lnformat/on can deter alteration of the document or fraudulent reatiachment of lh/s form to an unintended document. Title or Tbype of~Dbocumen~ti TFD IS I 41'~~ ~ r ~0) ~X~( 4d 4(()FI~ Number of Pages: Signer(s) Other Than Named Above: Capacity(pic Claimed by Signer f6) . Signer's Name: fxtAC4@ /I L/ /CT lf/) Ektgner'6 Name: O Corporate Officer — Title(s): o Corporate Officer — Title(s): O Partner — O Limited o General o Partner — o Limited o General O Individual O Attorney in Fact o Individual O Attorney in Fact O Trustee o Guardian or Conservator o Trustee O Guardian or Conservator O Other: o Other: Signer Is Representing: Self Signer is Representing. 2019 National Notary Association EXHIBIT 2 INVOICES FROM LIMA FAMILY ERICKSON MEMORIAL M EM ORIA L CHAPEL CHA PEL AND OAK HILL MEMORIAL PARK V ily h lrh e d try JI I k I«L uerb I I «I t 6 l,l i dh( rp,l Ur hnl ppg bl Ln W le lrcouIUU UN Seller: »ilrc' m 'IChr I F dy I ( In U I I,«t y W .IdiiNI Ib)1 Leal 6.,5 Ii It 5 legh It, « I u Oq n I,CA9 l)4 7 i916)5 47070 fC Alki .Ce Hew g vtt n FUS Il) 8«eesLk »NHwb PDI17 Nw iD ACREES)EN)'m ArD U 4IM 6 ST LTEht 04/12/ADP3 UD llnchel CIAJANFNDE7 Tl EM'F FUN E)LAL GOODS AND SERVICES SELECTED/PU RCHASE D I 0 u ofS r tl4DSO0"3 rum OSr20/1967 n m 0 «V I Aa d ~ 10) Oahridae Court OU V:iieYSarinet I * CA z pc»«95252-9362 P a WtN t Ym la Glonu t(ERNANDE7. Eel dJ r ccndhr Jobaw, lt e fllinlc7/20/)970 ' Avenu. P h Add 165 HerlonL ccl San fosc Sw CA zicw Wl Ue 77 C P I ml«rldd« Oty r» C* Af»(YON p H 0 hl b II ID Cd Ae e rtt» ds ell)'y m re y ww w «I'U 9 I I bl ik C P . l,If«0 htm uge s hrAget up qwn cll el q !»dart tl th I « lt M«s ew ql.yo I 66 lmh www «'NMI I I U M«f td bey fth d ' dblthltnew serac 6 qu t w ed qml I din«NAD c 'q '. Y stew Np p Ihc I I I. w' ' eh!toad tlhc ul wwd wd llhuAI tt lt (te \'Inn hot odmlngt t et my 0 c ? he Chew dy fo theu ltmu Ue yo «ltcld ital If «Weird by I I by «r q r mei SECTION I ~ SERVICES ANO HERCHANDISE HERCHANDISE FUNERAL DIRECTOR AHD STAFF SERVICES C he rnb I C lkilcPrcfclrlo I 5 k F I 995.M PACKAGEOFFERIHGS Dt I Cfe 'lil I Wit g sp* ewmEI'ew "6 F dgA«i k« hr— I I 2)lttlalhkelltdll ell AM Typ ofhr 510Ngzeumi SICdtc 9 I 'O C I Li ll th,id 6 I 7.195 00 CARE ANO PREPARATION OF REMAINS Dct rB» .C n e«: OAI' Af N 0 wq eyrie 0th« I' u lme'fy) t.l klN NN b hei U W n fetu IS ppg HW IN Wl h ! USE OF FACILITIES AND RELATED SERWCES Vli lc I 715.00 I F t« ICt 0 TOTALSECTIDNI I I l.el)el 5lc ctrl I rci I SECTION U-CHARGES TO BE IHCURAED BY US ON Dec I peiqk YoUR BEHALF (cerf I he get may beecdme de "m en Stm«WV Egr Ntm d I I my 00 ~ fl I dJ R II n I!A ee TRANSPORTATION c.nln.ac i re.n abc nin i 4 5.00 IL ('I\ AA i I Lee Teef uega r 4 IV bi ldll lo p etio ! 'LiL 9th irp cikh I M.L I e IL I I ' ' t ' I l M I I OTHER 00900 AHO SERVICES ! l)0 en Di «H U II'I I 1 4 95.le ! nr 5 ALi(It«ml r dn h tHClt)@)tlmi I 150tyl I t L p«l I U dlcll 'UA I Iei IN ". L 'P IC Ikd cr I 19!.00 ! I 'L IOUS'Ul lrrl Nly P «c) m ! 227.« L R* C 4 I 45 M I e I I I I I L I TOTAL SECTIDN U I I I TOTAL SECTION I CHARGES I TOTAL SEcTION u CHARGES t Mt AA I TDTAL SECTION I AND SECTION U CHARGES I I.7ICI M I I I 4lrd lee e1 drlel) I wccltVtntumlluw nett 'D-IMU kdi Ih B ,SCIUIU«S LS W I' C d iIMI,L 7 L'Oplloe(50)i n el wcrp n Decl'to sic U«a rua cwp I I. e W .tmt t oul6C0)l IAOOOI