Legal Document: Cyrus Hazari vs Mandy Brady

On May 27, 2016 a Request - HRG_1/18/24_Request for Judicial Notice in Support of Judgment Creditor Mandy J. Brady's Opposition to Petition to Determine Validity of Third Party Claim was filed involving a dispute between Dagmar Horvath, and Mandy Brady, for civil in the District Court of Santa Clara County.

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D.D. Hughmanick (Bar No.
dhughmanick@ terralaw.com
Breck E. Milde (Bar No.
bmilde@ terralaw.com
TERRA LAW LLP
W. Santa Clara St., Suite
San Jose, Califomia 95113
(408)

Attorneys for Judgment Creditor Mandy J. Brady

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

CY RUS HAZARI, Case No. CV 295730

Plaintiff REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF JUDGMENT CREDITOR
MANDY J. BRADY’S OPPOSITION
TO
MANDY J. BRADY, AND ALL PERSONS PETITION TO DETERMINE VALIDITY
UNKNOWN CLAIMING ANY OF THIRD PARTY CLAIM
EQUITABLE RIGHT, TITLE, ESTATE,
Date: January 18, 2024
LIEN, OR INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
Dept:
ADVERSE TO PLAINTIFF'S TITLE, OR
ANY CLOUD ON PLAINTIFF'S TITLE Judge: Hon. William Monahan
THERETO, AND DOES 1 20, INCLUSIVE,
Complaint Filed: May 27, 2016
Defendants.
Judgment Entered: February 4, 2021

MANDY J. BRADY, as Trustee for the
Mandy J. Brady Living Trust,

Cross Complainant,

CY RUS HAZARI, and DOES 1 50, inclusive,

Cross Defendants.

Judgment creditor Mandy J. Brady hereby requests that the Court take judicial notice

pursuant to Evidence Code sections 452 and 453 of the following documents, true and correct

copies of which are attached hereto and made a part hereof, in support of her Opposition to

Petition to Determine Validity of Third Party Claim.

REQUESTOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S
PETITI oO]
1. Order Declaring Plaintiff Cyrus Hazari to Be a Vexatious Litigant, filed herein on

August 27, 2021.

2. Order Granting Defendant Mandy J. Brady’s Motion for Attorney’s Fees, filed herein

on May 26, 2021.

3. Abstract of Order issued herein on December 28, 2021, and recorded in the Office of

the Santa Clara County Clerk Recorder on January 6, 2022.

4. Complaint for Slander of Title, Cancellation of Instrument, and Declaratory Relief

filed in case no. 22CV 408499 on December 12, 2022.

5. Order on Special Motion to Strike the Complaint by Defendant MandyJ. Brady filed
10 in case no. 22CV 408499 on September 11, 2023.

11 6. Request for Temporary Restraining Order and Preliminary Injunction to Stop the Bad

12 Faith Foreclosure by Defendant of the Property that is the Subject of this Lawsuit filed in

13 United States District Court, Northern District of Califomia, case no. 5:19-cv-04392-BLF on

14 June 28, 2021.

15 7. Notice of Sheriff’s Sale of Real Property issued by the Santa Clara County Sheriff’s

16 Office dated May 18, 2023.

17 8. Order Denying Ex Parte A pplication for Temporary Restraining Order to Cancel and

18 Enjoin Sheriff’s Sale Set for June 28, 2023 and Order to Show Cause re: Preliminary Injunction

19 filed Santa Clara County Superior Court case no. 22CV 408499 on June 23, 2023.

20 9. Quitclaim Deed recorded in the Office of the Santa Clara County Clerk Recorder on

21 June 23, 2023.

22 10. Minute Order Denying Request for Preliminary Injunction entered on July 7, 2023

23 in case no. 22CV 408499.

24 11. Notice of Bankruptcy Case Filing, issued by the United States Bankruptcy Court,

25 Northem District of California, case no. 23-50690 on June 26, 2023.

26 12. Motion to Amend Judgment and Attorney Fee Order, with Memorandum of Points

27 and Authorities filed herein on December 27, 2023.

28
4879-5880-4631 v.2
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S
PETITI oO]
Dated: January TERRA LAW

Mane (, We —
B
‘Breck E. Milde
Attomeys for Defendant,
and Cross Complainant Mandy J. Brady

REQUESTOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S
PETITI oO]
PROOF OF SERVICE

I am a citizen of the United States and employed in the county aforesaid; I am over the
age of eighteen years, and not a party to the within action; my business address 333 W. Santa
Clara St., Ste. 910, San Jose, California 95113. On the date below I served the documents
described as:

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR
MANDY J. BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY
OF THIRD PARTY CLAIM

on the following person(s) in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:

Cyrus Hazari John F. Domingue
15209 Blue Gum Court Jenelle Welling
Saratoga, CA 95070 Rossi Domingue LLP
Tel: (408) 766 3201 Danville Blvd., Suite 172
cyrus@ metafusion.net Alamo, CA 945
(408) 495
john@rdlaw.net
jenelle@ rdlaw.net
maria@ rdlaw.net

(BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
placed in the United States mail at San Jose, California.
(BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date
to the offices of the addressee(s).
(BY FACSIMILE) I caused such document(s) to be transmitted by facsimile on this date
to each facsimile machine number listed above.
[X] (BY ELECTRONIC MAIL) I transmitted such documents via e mail to the parties listed
above.
(BY FEDERAL EXPRESS) I caused such envelope(s) with postage thereon fully
prepaid to be placed in a Federal Express drop box at San Jose, California.
[X] (STATE) I declare under penalty of perjury under the laws of the State of California that
the foreqoing is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on January , 202 , at San Jose, Califomia.

De Newer
Douglas Hawes

REQUESTOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S
PETITI oO]

Le
SUPERIOR COURT, STATE OF CALIFORNIA saad ‘ 3:
COUNTY OF SANTA CLARA
DEPARTMENT 20
AUG 2021
161 North First Street, San Jose, CA 95113
408.882.2320 408.882.2296 (fax)
smanoukian@scscourt.org Clerk he Court
http;//www.scscourt.org Supeder Gout uf wey of Santa Ciera
BY, (For 's_Use Only) DEPUTY.

CASE No:: 16CV295730 Cyrus Hazari v. Mandy Brady
DATE: 19 August 2021 TIME: 9:00 am LINE NUMBER: 9
This matter will be heard by the Honorable Judge Socrates Peter Manoukian in Department 20 in the Old Courthouse, 2nd
Floor, 161 North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856
and the opposing party no later than. 4:00 PM on 18 August 2021. Please specify the issue to be contested when calling the
Court and Counsel
»-a000000---
Order Declaring Plaintiff Cyrus Hazari to Be a Vexatious Litigant.
The motion of defendant Mandy Brady to declare Cyrus Hazari to be a vexatious litigant was duly calendared for
hearing on 19 August 2021. The tentative ruling was duly posted. There were no appearances and no challenges to the
tentative ruling. Could cause appearing, the motion of defendant Mandy Brady to declare Cyrus Hazari to be a vexatious litigant
Is GRANTED
The Court will prepare the appropriate VL-1000. The Court Executive is directed to forward a copy of this Order, along
with the VL-1000 form, to
VEXATIOUS LITIGANT PREFILING ORDERS
Judicial Council of California
455 Golden Gate Avenue
San Francisco, CA 94102 ~ 3688
The non-calendared request of Cyrus Hazari for transfer of this matter to federal court is DENIED.
The challenge filed by Mr. Hazari on 12 July 2021 is a nullity as it was never personally served on this Judge and itis
not verified.

(4
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DAT} Q OCRATES PENER MANOUKIAN
ndge of the Superior Court
County of Santa Clara

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Page 1of1
Form Adopled for Mandatory Use PREFILING ORDER—VEXATIOUS LITIGANT Code of Civil Procedure, § 381.7
Jadiclat Council of Caitornia wwwe.courts.ca.gav
WL-100 [Rev. September1, 2018}

Filed
May 26, 2021
Clerk of the Court
Superior Court of CA
JULIAN PARDO DE ZELA [SBN 246496] County of Santa Clara
jpardodezela@messner.com
MESSNER REEVES LLP 16CV295730
160 W. Santa Clara Street, Suite 1000 By: afloresca
San Jose, California 95113
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
Attorneys for Defendant/Cross-Complainant
MANDY J. BRADY

SUPERIOR COURT OF THE STATE OF CALIFORNIA.

COUNTY OF SANTA CLARA

11 CYRUS HAZARI, Case No. 16CV295730
12 Plaintiff, [PROPOSED] ORDER GRANTING
DEFENDANT/CROSS-COMPLAINANT
13 vs. MANDY J. BRADY'S MOTION FOR
ATTORNEY’S FEES
14 MANDY J. BRADY, and ALL PERSONS
UNKNOWN, CLAIMING ANY Date : April 29, 2021
15 EQUITABLE RIGHT, TITLE, ESTATE Time: 9:00 am
LIEN OR INTEREST IN THE PROPERTY Dept: 20
16 DESCRIBED IN THE COMPLAINT Judge: Honorable Socrates Manoukian
ADVERSE TO PLAINTIFF'S TITLE, OR
17 ANY CLOUD ON PLAINTIFF'S TITLE
THERETO, and DOES 1-20, inclusive,
18
Defendants.
19
20 Defendant/Cross-Complainant MANDY J. BRADY’s (hereafter “BRADY”) Motion for

21 Attorney’s Fees under Civil Code Section 1717, the California Rules of Court and Code Civ. Proc.

22 §§ 1032 et seq., 1033 et seq. and 1033.5 against plaintiff CYRUS HAZARI (hereafter "HAZARI")

23 was noticed for hearing on April 29, 2021 in Department 20 of the Santa Clara County Superior

24 Court.

25 BRADY did not contest the court’s tentative ruling in advance of the hearing. HAZARIT

26 did not provide a notice of intent to appear at the hearing, as required by California Rule of Court

27 3.1308 and Santa Clara County Superior Court Local Rule 8.E, and therefore failed to timely and

28 properly contest the tentative ruling.
{04976512 /1} 1 16CV295730
[PRQPOSED] ORDER GRANTING DEFENDANT MANDY J. BRADY’S MOTION FOR ATTORNEY’S FEES
Upon reading, reviewing, and considering the moving and opposing papers, and hearing

argument from HAZARI, the court adopts its tentative ruling:

1 The motion of defendant Mandy Brady for attorneys fees against plaintiff Cyrus

Hazari is GRANTED as follows: this court does believe, as offered by defendant,

that some attempted allocation should be made respecting work not expressly or

implicitly linked to the subject matter of the settlement agreement. The 23 page

opposition filed by plaintiff raises no substantive argument with the amount of the

fees claimed or the manner of the calculation of the claimed fees. On this motion

the Court awards Brady fees of Terra Law in the amount of $291,882.00, and
10 Messner Reeves in the amount of $294,545.00.

il
12 IT IS SO ORDERED:
‘Signed: 5/20/2021 09:14 AM
13 DATED: 20 May 2021
14

15
HONORABLE SOCRATES MANOUKIAN
16 JUDGE OF THE SUPERIOR COURT
17

{04976512/ 1) 2 16CV295730
[PROPESED] ORDER GRANTING DEFENDANT MANDY J. BRADY'S MOTION FOR ATTORNEY'S FEES

25213382
Regina Alcomendras
Santa Clar. Count: Xn Clerk-Recorder
01/06/2022 11:33

Recording requested by, and when CONFORMED COPY
recorded, please return to: Copy of document recorded.
Has not been compared with original.

Julian Pardo de Zela
Messner Reeves LLP
160 W. Santa Clara Street, Suite 1000
San Jose, California 95113

Space Above for Recorder’s Use

ABSTRACT OF ORDER
> .
EJ-001
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, address, and Slate Bar number):
[After recording, return to:
Julian Pardo de Zela SBN: 246496
Messner Reeves LLP
160 W. Santa Clara Street, Suite 1000,
San Jose, CA 95113
TEL No: (408) 298-7120 FAXNO, ( tora): (408) 298-0477
E-MAIL ADDRESS (Optionay:/pardodezel fe
a @messner.com

emer OX) ‘ORDER
nea
CREDITOR
[] assignee
OF RECORD
|SUPERIOR COURT OF CALIFORNIA, county oF SANTA CLARA
JstREET aporess: 191 North First Street
IMauinc apoRess: 191 North First Street
icity anD zip cove: San Jose, 95113
BRANCH NAME: Downtown Superior Court
FOR RECORDER'S USE ONLY
PLAINTIFF: CYRUS HAZARI ‘CASE NUMBER:
DEFENDANT: MANDY BRADY, etal, 7 16CV295730
R.
ABSTRACT OF S8B@MENT—CIVIL
AND SMALL CLAIMS FOR COURT USE ONLY
(J Amended
1. The CX godlgehont crecitor [) assignee of record
ae for an al ibstract of j and represents the following:
lebtor's
ler Name and last known address

8309 Bice Gum Court
Saratoga, CA 95070

b. Driver's license no. [last4 digits] and state: [2x] Unknown
c. Social security no. [last 4 digits]:
order freee [24] Unknown
d. Summons or notice of entry of sister-state # rsonally served or mailed to (name and address):
Notice of Entry of Order Served on Plaintiff on May 26, 2021 by Green Filing electronic
service to cyrus@metafusion.net
2.[] Information on additional aseesont debtors is 4. [] Information on additional je B bet crecitors is
OrderShown on page 2. shown on page 2.
3. dudgment creditor (name and address): 5. [-] Original abstract recorded in this county:
Mandy Brady, 5350 Felter Road, San Jose, California
a. Date:
b. Instrumet

C Vlado &2—
Date: December 23, 2021
Julian Pardo de Zela
‘(TYPE
OR PRINT NAME)
» (SIGNATURE OF APPLICANT OR ATTORNEY)
6. Total amount of jeaneont as entered or last renewed: 10. Coan [7] execution lie! bp (_ attachment lien
$ 586,427.00 is endorsed on the as follows:
7. Allied creditors and debtors are listed on this abstract. a. Amount $
8a. dregreent entered on (date): May 26, 2021 b. In favor of (name and address):
b. Renewal entered on (date):
9. [—] This $e isan installment pedo 1 A stay of enforcement has
(SEAL a. X_] not been ordered by the court.
bT] cae ordered by the court effective until

fan} 12. a | certi t this is a true and correct abstract of
a the entered in this action.
nae This abstract issued on (date): b. [_] Acentifidd copyof ea is attached.
DEC 28 2028
Bek
aR)
1D ped . NS
NGO_, Deputy
Form Adopted far Mandatory Use ABSTRACT OF ‘SUB OMENT-
Judicial Council of Cafifornia Page 1 of2
E4001 [Rev. July 1, 2014) AND SMALL CLAIMS Code of Civil Procedure, §§ 488.480,
674, 700.180
Westlaw Doc & Form Builder

E-FILED
12/12/2022 4:28 PM
Clerk of Court
Jason W. Estavillo (Bar No. 188093)
Superior Court of CA,
Donald A. Odell (Bar No. 172494)
County of Santa Clara
Allison C. Erggelet (Bar No. 340533)
22CV408499
ESTAVILLO LAW GROUP
Reviewed By: B. Roman-Antunez
426 17" Street, Suite 200
Oakland, CA 94612
Telephone: (510) 982-3001
Facsimile: (510) 982-3002
Email: jason@estavillolaw.com
don@estavillolaw.com
allison@estavillolaw.com

Attorneys for Plaintiff Dagmar Horvath

10 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
11
COUNTY OF SANTA CLARA
12
DAGMAR HORVATH, 22CV408499
13 ) Case No.:
Plaintiffs,
14 ) COMPLAINT FOR:
15 vs. ) 1 Slander of Title
2. Cancellation of Instruments
16
MANDY J. BRADY., and DOES 1-20, ) 3. Declaratory Relief

Defendants.
17
DEMAND FOR JURY TRIAL
18

19
20
COMES NOW Plaintiff, DAGMAR HORVATH (“Plaintiff”), by and through her counsel for
21
her Complaint against Defendants MANDY BRADY and DOES 1-20 (hereafter “BRADY” or
22
“Defendant”) (collectively “Defendants”), pleads as follows:
23
JURISDICTION AND VENUE
24
1 This is an action asserting violations of California State Law. Plaintiff brings this action due
25
to Defendant’s unlawful conduct concerning Plaintiff's property located at 5230 Felter Rd., San
26
Jose, California 95132. Venue is proper in this Court because a substantial part of the events giving
27
rise to the claims herein occurred in Santa Clara County and Plaintiff's property is in San Jose,
28
ESTAVILLO Law GRouP
426 17" Sree, Sute 200
‘Caldnd, CA S46 12
“Telephone: (510) 982-3001,
Facile: (510) 982-3002
Horvath , Brady, et al. Complaint
California. Therefore, this Court has personal jurisdiction over Defendants and venue is proper in
Santa Clara County.

PARTIES
2 At all relevant times mentioned herein, Plaintiff DAGMAR HORVATH is, for all purposes,
a citizen of the State of California. She is the rightful owner of the property commonly known as
5320 Felter Rd., San Jose, CA 95132 (the “Property”).

3 Defendant MANDY J. BRADY (“Defendant BRADY” or “Defendant”) is the alleged
beneficiary/creditor of the relevant alleged Notice of Levy and Writ of Execution.
4 Plaintiff is unaware of the true identities and capacities of Defendants designated as DOES

10 1-20, inclusive, but will amend the Complaint when their true name and capacity has been

11 determined. Plaintiff alleges on information and belief that each and every DOE Defendant is in

12 some manner responsible to the acts and conduct of the Defendants and were, and are responsible

13 for the injuries, damages, and harm incurred by Plaintiffs.

14 5 Plaintiff further alleges on information and belief that each Defendant was and is acting as

15 the authorized agent, representative, employee, partner, co-conspirator, and associate of the other

16 Defendants at all relevant times discussed herein. Each Defendant was acting in concert with each

17 remaining Defendant in all matters alleged, and each Defendant is responsible for any and all

18 violations or liability of their predecessors-in-interest. Each Defendant passed any and all liability

19 to its successors-in-interest, and at all times was acting within the course and scope of its agency,

20 employment, partnership, and/or concert of action.

21 STATEMENT OF FACTS

22 6. On or around June 12, 1998, Dr. Dagmar Horvath together with Cyrus Hazari purchased the

23 property commonly known as 5320 Felter Rd., San Jose, CA 95132 as joint tenants. A true and
24 correct copy of the Deed of Trust is attached hereto as Exhibit A.
7
25 Sometime in 2011 Mr. Hazari’s health began failing and so Dr. Horvath assumed all

26 mortgage and property tax payments.
27 8 Finally in 2019 Mr. Hazari Quit Claimed all of his interest in the property to Dr. Horvath. A

28 true and correct copy of the Quit Claim Deed is attached hereto as Exhibit B.
ESTaILO Law Group
26 17" Syeet, Sute 200,
akdand, CA94612
“Telephone: (510) 962-3001
Facsinile: (510) 982302
Horvath v. Brady, et al. Complaint
9. On November 18, 2022, Defendant BRADY caused a Notice of Levy and Writ of Execution

to be recorded on Plaintiff's property. A true and correct copy of the recorded Notice of Levy and
Writ of Execution is attached hereto as Exhibit C.
10. This lawsuit follows.

FIRST CAUSE OF ACTION — SLANDER OF TITLE

Against All Defendants and Doe Defendants|
ll. Plaintiff incorporates by reference all paragraphs prior to this cause of action as if fully set
forth herein.
12. The term “slander of title” has been defined as a false and malicious statement, oral or

10 written, made in disparagement of a person’s title to real or personal property, causing him special
ll damages. When a person’s title or interest in real property is disparaged by a false statement or claim

12 of another, relief may be sought for the pecuniary loss.

13 13. On or about November 18, 2022, Defendant slandered Plaintiff's title to the real property in that
14 Defendant, intentionally and without justification recorded a levy on the real property when in fact,
15 Defendant did not and does not now have any levy rights in the real property.
16 14. Plaintiff has been damaged by the slander of title in that Plaintiff's title to the real property has
17
been cast in doubt and the marketability, sale ability, and value of the real property have been impaired.
18
15. As the proximate result of Defendant's wrongful acts, Plaintiff has been required to retain
19
counsel to bring an action to clear title to the real property. Plaintiff is entitled to recover all attorney
20
fees and costs incurred in bringing the action.
21
16. Defendant's acts were malicious and oppressive, in that Defendant acted with the intent to, and
22
the effect of, harming Plaintiff's interest in the real property. Plaintiff is therefore entitled to punitive
23
damages.
24
SECOND CAUSE OF ACTION —- CANCELLATION OF INSTRUMENTS
25
Against All Defendants and Doe Defendants)
26
17. Plaintiff incorporates by reference all paragraphs prior to this cause of action as if fully set
27
forth herein.
28
EsTaviLio Law GrouP
426-17 Steet, Suite 200,
aktnd, CASA612
“Teepe: (510) 962-3001
Facsmie: (510) 982-3002
Horvath v. Brady, et al. Complaint
18. There remain outstanding written instruments which cause Plaintiff reasonable apprehension
that, if left outstanding, may cause serious injury to Plaintiff.

19. Specifically, the Notice of Levy and Writ of Execution purport to given Defendant the right
levy upon Plaintiff's Property.

20. Defendants had no legal basis for seeking a levy upon Plaintiffs property in which the
judgment debtor has no interest in thus the Notice of Levy and Writ of Execution must be found null
and void.

21. Plaintiff has been harmed by the Notice of Levy and Writ of Execution as they purport to
deprive her of her Property. She will be irreparably harmed if these instruments are not cancelled.
10 THIRD CAUSE OF ACTION — DECLARATORY RELIEF

11 Against All Defendants and Doe Defendants]

12 22. Plaintiff incorporates by reference all paragraphs prior to this cause of action as if fully set
13 forth herein.
14 23. An actual controversy has arisen between the parties concerning the creditors ability to levy
15 upon a property in which the judgment debtor has no interest in.
16 24. Plaintiff contends that any Levy upon her property is invalid, and that Defendant did not have
17 the power or authority to effectuate a levy under California law.
18 25. Plaintiff maintains that she is the rightful owner of the Property.
19 26. Due to the actual controversies, Plaintiff seeks a declaration of the rights and duties of the

20 parties with respect to judgment levy on the Property.
21 PRAYER
22 WHEREFORE, Plaintiff pleads for the following relief:
23 For judgment to be entered in favor of Plaintiff and against Defendants;
24 For damages in excess of $25,000 or an amount to be proven at trial;

25 For an order cancelling any and all Notice of Levy and Writ of Execution as void and
26 striking it from the public record;
27 For a declaration of the rights and duties of the parties with respect to the Property;
28
EsTavtuo Law Group
4926 17 Steet, ute 200
xg (0 ) 982-3001
(610) 582-3002,
Horvath v, Brady, et al. Complaint
For injunctive relief to stop Defendants from further encumbering or transferring interest in
the Property and to stop Defendants from evicting any occupants of the Property;
For attorney’s fees and costs herein; and
For such further relief as the Court deems appropriate.

Dated: December 12, 2022 ESTAVILLO LAW GROUP

Mik beEgghs
Jason W. Estavillo
Donald A. Odell
10 Allison C. Erggelet
Attorneys for Plaintiff Dagmar Horvath
11
12

13
14

15
16
17

18
19

21
22

23
24

26
27

28
ESTaVILO Law GrouP
926 17° Sree, Suite 200
atend, CAS4612
“Telephone: (510) 982-3001
Fase: (510) 982-3002
Horvath v. Brady, et al. Complaint
EXHIBITIN
.
cross e Old Republic Title Company Titles:1/ Pages:
. DOCUMENT: 14230909 3

UAMEROARRME
am = 042-15-04' 17 Fees 23 88
| RECOAOCD MART Taxes 412 58
a Copies
Mane GYRUS HAZARI & DAGAR AMT PAID 435 5@
‘eee
ose BRENDA DAVIS RDE 4 @@5
15209 Biue Gum Court
‘See Saratoga, CA 95070 SANTA CLARA COUNTY RECORDER 6/12/1998
Recorded at the request of 8:00 AM
Old Republic Title Company
PACE ABOVE: 168 UNE FOR RECORDERSUSE
Grant Deed

‘The undersigned grantor(s) declare(s):
Documentary transfer taxis $_4
( X) compatedon full valuc of property conveyed, or
¢ ) computed on full value less value of liens and encumbrances remaining at time of sale.
( X) Unincorporates area: (__) Cityof. —
¢ ) Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GEORGE M. SAFONOV and RUTH G. 1

hereby GRANT(S) to CYRUS HAZARI, an unmarried manas to an undivided 652 interest
and DAGMAR HORVATH, an unmarried woman as to an undivided
35% interest as tenants in common

that propertyin SANTA CLARA , State of California, described as: SEE LAGAL
DESCIPTION "EXHIBIT A” ATTACHED HERETO AND MADE A PART HEREOF

Mail Tax Statements to Grantee at address above
Date _May 29, 1998
‘ Daorg ‘ 2 def x
‘STATE OF CALIFORNIA th
lpglmer
CouNTY OF ANGELES
Los
on Sue ©, 1998 before me, the
‘Notary Publicin
aad for sad Sia, personally
_SACoMoY &. SAFONOV
to me_on tbe basis of
evidence) to be the person(s) whose name(é) js subecribed to the wit
instrument and a to me that they executed
med the saroe in
ir muthorized capacity{ics), and that

(weer!
the tthe. enon(t). oF the eaiy upon behalf of which the penson(s)
acted, executed the
WITNESSay

Name, Gadyt. MRK
LTB
rros-1o ane oped or printed (CThia area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE

Iu
OLD REPUBLIC TITLE COMPANY
ORDER NO. 448618-RC
‘VPDATE-C
The land referred to In ths Repor rt is situated in the County of Santa Clara in the unincorporated area,
State of California, and is described as

PARCEL ONB:
All of Parcel A, as shown upon that certain Map entitled "Record of Survey for
Burt N. Gruber Jr., being a portion of Pueblo Tract Number One, Township 6
South, Range 1 East, M.D.B. & M.", which Map was filed for record in the office
of the Recorder of the County of Santa Clara, State of California on March 25,
1964 in Book 175 of Maps, page 43.
Bxcepting therefrom all that portion conveyed to Bert N. Gruber Jr. by quitclaim
deed recorded December 26, 1973 in Book 701, page 141, deacribed as follows:
Beginning at the Northwest corner of Parcel C, as said parcel ie shown on that
certain Record of Survey recorded on November 29, 1963 in Book 170 of Mape, page
31, Official Records of Santa Clara County, dn the centerline of Felter Road;
thence from said point of beginning along said centerline of Felter Road, S. 76°
13’ So" EB. 202.70 feet; thence along an arc of a curve to the right tangent to
the pxeceding course, having a radiue of 201.52 feet, through a central angle of
33° 09° 37" a distance of 116.63 feet; thence S. 43° 04’ 13” E. 217.50 feet;
thence along an arc of a curve to the left, tangent to the preceding course,
having a radiue of 170.41 feet through a central angle of 34° 33' 15" a distance
of 102.77 feet; thence 8. 77° 37’ 28" B, 173.62 feet; thence along an arc of a
curve to the right, tangent to the preceding course having radius of 692.66
feet, through a central angle of 15¢ 07' 53” a distance of 162.93 feet, thence
S$, 62° 29° BY BS 249.49 feet; thence along an arc of a curve to the left,
tangent to the pre ding course, having a radius of 205.27 feet, through a
central angle of 59° 47' 10" a distance of 214.19 feet; thence N. S7° 43' 15" B.
169.59 feet; thence along an arc of a curve to the right, tangent to the
preceding course, having a radius of 76.49 feet, through a central angle of 32¢
04° 28" a distance of 42.82 feet; thence leaving said centerline of Felter Road
and running along the Southeasterly Jine of said Parcel C, 5. 55° 51' S7” W.,
457.46 feet and S. S6° 01’ 00" W. 443.47 feet; thence leaving said southeasterly
line of Parcel C, N. 62° 30’ 00" W., 130.50 feet; thence N. 89° 14' 00" W.
660.18 feet to the moot Easterly corner of Parcel A, as said parcel is shown
upon the Map above referred to; thence along a Noxtheasterly line of id Parcel
A, N. 46° 45° 20" W., 44.43 feet; thence S. 89° 14' 00" BE, 44.43 feet along the
Northerly line of the right of way in the Southerly portion of the property
shown on that certain Record of Survey Map of the property shown on that certain
Record of Survey Map recorded in Book 186 of Maps, page 33, Official Records of
santa Clara County; thence N. 46° 45’ 28" W. 247.72 feet; thence N, 29° 43! 30”
E. 120.00 feet; thence N. 46° 45° a” W. 86.13 feet; thence N. 29° 43! 30° gE.
144.26 feet; thence S. 46° 45° 2e" gE. 638.01 feet; thence

Case Info

Judge

Socrates P. Manoukian Track Judge’s New Case

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Document Filed Date

January 11, 2024

Case Filing Date

May 27, 2016

County

Parties

Breck Milde Attorney
Cyrus Hazari Plaintiff/cross Complainant
Dagmar Horvath Claimant
Dagmar Horvath Intervenor
Douglas Dalton Hughmanick Attorney
John Forsyth Domingue Attorneys for Defendants
Julian Pardo De Zela Attorney
Julian Pardo De Zela Attorney For The Defendant
Mandy Brady Defendant
Mandy J Brady Defendant/cross Def/cross Compl
Matthew James Wendt Attorney
Jenelle Welling Attorneys for Defendants
Joseph Balestrieri Attorneys for Defendants
James McDaniel Attorneys for Defendants
Timothy Lundell Attorney
Monique Jewett-Brewster Attorneys for Defendants
Robert Vantress Attorneys for Plaintiffs
Madelyn Choi Attorneys for Plaintiffs
Nicholas Pastore Attorneys for Defendants
Joseph Sweeney Attorney
Jason Estavillo Attorneys for Plaintiffs
Donald Odell Attorneys for Plaintiffs
Allison Erggelet Attorneys for Plaintiffs
Christine Chigbu Attorneys for Plaintiffs
David Draper Attorneys for Defendants
Thomas Duarte Attorneys for Defendants

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Document for Cyrus Hazari vs Mandy Brady

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