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Eric A. Woosley (SBN 211962)
LAW OFFICE OF ERIC A. WOOSLEY
3463 State Street #542
Santa Barbara, CA 93105
(805) 452-6832 Phone
(805) 456-0503 Fax
sunlaburburalaw cvuemil i
Attorney for Plaintiff Olivia Villalovos
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA, ANACAPA DIVISION
OLIVIA VILLALOVOS, Case No.:
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Plaintiff,
YW
vs.
COMPLAINT TO VOID A FRAUDULENT
122 TRANSFER OF REAL PROPERTY
PURSUANT TO THE UNIFORM
13 JAMES BALSTER, an individual; JODI LEE
BALSTER, an individual; and DOES 1 throug!
hp | YOIDABLE TRANSACTIONS ACT
14 50, Inclusive,
15 Defendants.
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Plaintiff Olivia Villalovos (hereafter PLAINTIFF) hereby complains and alleges as
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follows:
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THE PARTIES
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20 PLAINTIFF is an adult who lives in the County of Los Angeles, State of California.
21 Defendant JAMES BALSTER, the transferor of the property, (hereafter
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JUDGMENT DEBTOR TRANSFEROR) was at all relevant times a resident of the
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City of Santa Barbara, County of Santa Barbara, State of California.
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PLAINTIFF is informed and believes that Defendant JOD] LEE BALSTER, the
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26 transferee of the property. (hereafter TRANSFEREE) was at all relevant times
27 mentioned in this complaint and particularly at the time of the transfer of the
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT - |
property, a resident of the City of Santa Barbara, Santa Barbara County, State of
California) TRANSFEREE is the daughter of JUDGMENT DEBTOR
TRANSFEROR.
PLAINTIFF is currently unaware of the true names and capacities of defendants sued
herein as DOES 1 through 50, inclusive, and therefore sues these defendants by such
fictitious names. PLAINTIFF will amend this Complaint to allege their true names
and capacities when ascertained. PLAINTIFF is informed and believes and thereon
alleges that each of the fictitiously named defendants is legally responsible in some
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manner for the occurrences alleged in this Complaint, and PLAINTIFF'S injuries as
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12 alleged were proximately caused thereby.
13 PLAINTIFF is informed and believes and, on that basis, alleges that at all times
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herein mentioned, Defendants DOES 1 though 50 were the agents, servants and/or
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employees of their co-Defendants, and in doing the things hereafter mentioned, were
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acting in the scope of their authority as such agents, servants and employees with the
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18 permission and consent of their co-Defendants.
19 PLAINTIFF is informed and believes and, on that basis, alleges that Defendants
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DOES | though 50 conspired with, and cooperated with, the named Defendants to
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commit the wrongs set forth herein with full knowledge of the wrongfulness of said
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43 acts.
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24 VENUE
25 The subject property upon which this Complaint is based is located in the City of
26 Santa Barbara, County of Santa Barbara, State of California. As such, venue is
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proper in this Santa Barbara County Superior Court.
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT - 2
FACTS COMMON TO ALL CAUSES OF ACTION
8. PLAINTIFF was the victim of unlawful childhood sexual assault and other
misconduct by JUDGMENT DEBTOR TRANSFEROR, her step-grandfather, and
PLAINTIFF'S grandmother, Cecilia Balster (hereafter CECILIA) the mother of
TRANSFEREE.
PLAINTIFF reported the abuse to the authorities in February, 2020. After 2 years of
investigation, JUDGMENT DEBTOR TRANSFEROR was arrested and charged with]
nineteen counts of felony sexual assault of a child occurring between the years 2000
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and 2014. JUDGMENT DEBTOR TRANSFEROR made a plea deal in November
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122 2023, and was sentenced to 30 years in prison. PLAINTIFF requests the court take
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13 judicial notice of the Santa Barbara Superior Court Case No. 22CR80011.
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10. PLAINTIFF filed suit on December 12, 2022 against JUDGMENT DEBTOR
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TRANSFEROR and CECILIA for Childhood Sexual Assault;, Intentional Infliction
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of Emotional Distress, Sexual Assault and Battery, Violation of Civil-Code $1708.5
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18 Violation of Civil Code $52.4 and Negligence. JUDGMENT DEBTOR
19 TRANSFEROR was served in the Santa Barbara County jail on December 21, 2022,
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and CECILIA was served on December 29, 2022. PLAINTIFF requests the court
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take judicial notice of the Santa Barbara Superior Court Case No. 22CV04861.
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11 On January 3, 2023, PLAINTIFF served on JUDGMENT DEBTOR TRANSFEROR
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24 a statement of damages in the amount of $10,000,000, alerting him to the amount of
25: damages sought by PLAINTIFF.
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12. JUDGMENT DEBTOR TRANSFEROR’S default was entered on February 3, 2023.
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PLAINTIFF is informed and believes, and on that basis alleges, that the only asset
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT -3
available to pay any Judgment in favor of PLAINTIFF was a home JUDGMENT
DEBTOR TRANSFEROR owned at 5047 San Vicente Dr., Santa Barbara, CA. On
the date the default was entered on February 3, 2023, JUDGMENT DEBTOR
TRANSFEROR still owned that home.
13. On February 8, 2023, just 5 days after the default was entered, defendant
JUDGMENT DEBTOR TRANSFEROR conveyed the property to defendant
TRANSFEREE, by deed, recorded in the Office of the Recorder, Santa Barbara
County, California on February 15, 2023, Document Number 2023-0004508 and
10.
described as follows: That real property situated in the City of Santa Barbara, County
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122 of Santa Barbara, State of California, commonly known as 5047 San Vicente Drive,
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13 Santa Barbara, CA. 93111; and more particularly described as:
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Lot Twenty-Seven (27) in Goleta Sunshine Homes No. Two in County of Santa
155 Barbara, State of California: Book 41 Pages, 15, 16, and 17 of Maps, in the office of
the County Recorder of said County.
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(APN: 065-174-13.)
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18 A true and correct copy of the transfer deed is attached hereto as Exhibit “1."
19 14. On January 8, 2023, in Case No. 22CV04861, judgment was entered on behalf of
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PLAINTIFF, against JUDGMENT DEBTOR TRANSFEROR, in the amount of
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$10,000,524.10. No amount of that judgment has been paid by JUDGMENT
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DEBTOR TRANSFEROR to PLAINTIFF.
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24 A true and correct copy of the Judgment is attached hereto as Exhibit “2.”
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28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OP REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT - 4
COUNT ONE
(Violation of the Uniform Voidable Transactions Act Civil Code Section 3439 et
seq. Against All Defendants)
15, The transfer by defendant JUDGMENT DEBTOR TRANSFEROR to defendant
TRANSFEREE was made without consideration, and with actual fraud on the part of
defendant JUDGMENT DEBTOR TRANSFEROR, and with the intent to hinder,
delay, or defraud creditors of defendant JUDGMENT DEBTOR TRANSFEROR,
including PLAINTIFF, in that the transfer was made to defendant TRANSFEREE, an
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insider who is the daughter of the JUDGMENT DEBTOR TRANSFEROR.
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i2 16. Defendant TRANSFEREE received the deed with the knowledge of the
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13 fraudulent intent on the part of defendant JUDGMENT DEBTOR TRANSFEROR.
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17. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant
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JUDGMENT DEBTOR TRANSFEROR does not have any property, other than the
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real property conveyed, out of which PLAINTIFF can satisfy PLAINTIFF’S
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18 judgment. In addition, PLAINTIFF is informed and believes that Defendant
19 JUDGEMENT DEBTOR TRANSFEROR will not, in the future, have any ability to
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pay any portion of the judgment as he will be residing in the care and custody of the
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State of California for the next 30 years,
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PRAYER FOR RELIEF
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24 1 The conveyance and transfer by defendant JUDGMENT DEBTOR
25 TRANSFEROR of all right, title, and interest in the real property to defendant
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TRANSFEREE, by the deed recorded on February 15, 2023, be declared
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fraudulent and void and a nullity as to PLAINTIFF;
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT- 5
2. The Court impose a constructive trust over the real property commonly known as
5047 San Vicente Drive, Santa Barbara, CA. 93111; and more particularly
described as:
Lot Twenty-Seven (27) in Goleta Sunshine Homes No, Two in County of Santa
Barbara, State of California; Book 41 Pages, 15, 16, and 17 of Maps, in the office
of the County Recorder of said County.
(APN: 065-174-13);
3. Pending the determination of this action, a receiver be appointed to take charge of
10 the property referred to, and to collect the rents, issues, and profits, and to apply them
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to the satisfaction of the judgment obtained by PLAINTIFF against JUDGEMENT
12
DEBTOR TRANSFEROR;
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4. The appointed receiver sells the property at issue and applies the proceeds to the
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Is satisfaction of the judgment obtained by PLAINTIFF against defendant JUDGMENT
16 DEBTOR TRANSFEROR;
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5. Award PLAINITIFF monetary damages, including punitive damages, subject to
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proof; and
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6. Order such other and further relief as the court deems proper.
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22 Dated this 18" day of January, 2024.
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LAW OFFICE OF ERIC A. WOOSLEY
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26
. WOOSLEY
27 Attorney for Plaintiff OLIVIA
VILLALOVOS
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT - 6
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27 EXHIBIT “1”
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT- 7
Recorded in Official Records
County of Santa Barbara
Joseph E. Holland
County Clerk-Recorder
RECORDING REQUESTED BY:
THYNE TAYLOR FOX HOWARD, LLP
DOC# 2023-0004508
WHEN RECORDED, MAIL TO 02/15/2023 Titles: 1 Pages: 3
03:30 PM
AND MAIL TAX STATEMENTS TO: sBC Fees $20.00
Jodi Balster Taxes $0,00
40 CASB2 Fee $0.00
5047 San Vicente Dr.
Total $20.00
Santa Barbara, CA 93111
APN: 065-174-13
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
GRANT DEED
‘The undersigned Grantor declares that this conveyance is for zero (“0”) consideration
Documentary Transfer Tax is $0.00
Exempt from fee per Gov. Code §27388.1(a)(2); document transfers real property that is a residential dwelling to an owner-occupier.
oOo City of
Unincorporated Area of Santa Barbara County
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JAMES LEE BALSTER, as Trustee of THE J L BALSTER FAMILY TRUST, U/A dated December 28, 2022, the
GRANTOR,
HEREBY GRANTS TO
JODI LEE BALSTER, the GRANTEE,
All of THAT PROPERTY situated in the County of Santa Barbara, State of California, more commonly known as
5047 San Vicente Dr., Santa Barbara, CA 93111; which property is bounded and described as set forth in Exhibit "A"
(attached hereto and incorporated herein by reference).
SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any.
Executed on February & , 2023, in Santa Barbara County, California.
Yves bk
JAMES LEE BALSTER, Trustee
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Please send tax statement to the address as directed above
DOC. Boas 0004508 Page 2 of 3
ExhibitA
Lot Twenty Seven (27) in Goleta Sunshine Homes No, Two In County of Santa Barbara, State of
California: Book 41 pages 15, 16, and 17 of Maps, in the office of the County Recorders of sald County,
DOC #2023-0004508 Page 3 of 3
A notary public or other officer 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, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
On February @ , 2023, before me, Maxtha CC have , a Notary Public, personally appeared
JAMES LEE BALSTER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Notary Public Seal
Ee MARTHA C, CHAVEZ
Notary Public - California
Santa Barbara County E
Commission #2382999
‘My Comm. Expires Apr 20, 2025
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EXHIBIT "2”
28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE
UNIFORM VOIDABLE TRANSACTIONS ACT - 8
NB
Pursuant to CRC 2.259 this document has been electronically filed by the
Superior Court of California, County of Santa Barbara, on 12/11/2023
JUD-100
APTORNEY OR PARTY WITHOUT ATTORNEY (Namie stale bar number and adaress) FOR COURT USE ONLY
Eric A. Woosley, Esq. (SBN 211962)
LAW OFFICE OF ERIC A. WOOSLEY
3463 State Street #542
Santa Barbara, CA 93105
TELEPHONE NO 805-452-6832 FAK NO Optainat! 805~456-0503 FILED
E-Mail ADORESS (Optional) santabarbaralawyer@gmail.com SUPERIOR COURT of CALIFORNIA
ATTORNEY FOR (Name) Plaintiff Jane Doe COUNTY of SANTA BARBARA
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 01/08/2024
sTreeT aoDREss 1100 Anacapa Street Darrel E. Parker, Executive Officer
MAILING ADORESS 1100 Anacapa Street BY_ Frye. Preston
city AND ZipcoDE Santa Barbara, 93101 Deputy Clerk
BRANCH NAME Anacapa Division
PLAINTIFF: Jane Doe
DEFENDANT James Balster et al
JUDGMENT (CASE NUMBER
[2 By Default 22CV04861
(—) By Clerk (5 After Court Trial
(xX) By Cour [_) On Stipulation (__} Defendant Did Not
Appear at Trial
JUDGMENT
(3¢) BY DEFAULT
a Defendant was properly served with a copy of the summons and complaint
b. Defendant failed to answer the complaint ar appear and defend the action within the time allowed by law
©. Defendant's default was entered by the clerk upon plaintiffs application.
a [) Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of
this state for the recovery of money.
(BZ) Court Judgment (Code Civ. Proc... § 585(b)). The court considered
(1) (3c plaintiffs testimony and other evidence
(2) C2) plaintiffs written declaration (Code Civ Proc., § 585(d)).
[J ON STIPULATION
a Plaintiff and defendant agreed (stipulated) that 2 judgment be entered in this case The court appraved the stipulated
judgment and
b. [__] the signed written stipulation was filed in the case.
c. (_) the stipulation was stated in open court [_) the stipulation was stated on the record
[) AFTER COURT TRIAL. The jury was waived. The court considered the evidence.
a. The case was tried on (date and time)
before (name of judicial officer)
b. Appearances by:
([) Plaintitt (name each): (_) Plaintiff's attorney (name each)
a (1)
(2) (2)
[5 Continued on Attachment 3b
[) Defendant (name each) Defendant 's attorney (name each)”
a (1)
(2) (2)
[—) Continued on Attachment 3b.
|
¢. [__] Defendant did not appear at trial. Defendant was properly served with notice of trial
4. [_] Astatement of decision (Code Civ. Proc., § 632) ([) was not (J was requested
Page 1 02
Form Approved for Optionar Use JUDGMENT Code of Civil Procedure, §§ 685, 064.6
ludica’ Counel of Caitqrnia
4100-100 (New January 1.2002)
JUD-100
PLAINTIFF: Jane Doe CASE NUMBER
DEFENDANT: James Balster et al 22004861
JUDGMENT IS ENTERED AS FOLLOWS BY: (Ge) THE CourRT [_] THE CLERK
4. (] Stipulated Judgment. Judgment is entered according to the stipulation of the parties.
6. Parties, Judgment is
a. (4€] for plaintiff(name each): © for cross-complainant (name each):
Olivia Villalovos
and against defendant (names), and against cross-defendant (name eacti):
James Balster
[) Continued on Attachment 5a. [—) Continued on Attachment 5c.
b. [J for defendant (name each) da for cross-defendant (name each)
6. Amount
a. [3] Defendant named in item 5a above must c. [__] Cross-defendant named in item Sc above must pay
pay plaintiff on the complaint: cross-complainant on the cross-complaint:
]|
(1) [32] Damages $s 40,000,000,00 (1) Damages $
(2) Prejudgment (2) [7] Prejudgment $
interest at the interest at the
annual rate of % annual rate of %
(3) JAttorney fees (3) [J Attorney fees
(4) ] Costs 524.10 (4) [_] Costs
(5) (_] Other (specify) (5) [__] Other (specify)
(6) TOTAL $ 10,000,524.10 (6) TOTAL §
b. Plaintiff to receive nothing from defendant ¢. [[_] Cross-complainant to receive nothing from
named in item 5b. cross-defendant named in item Sd.
Defendant named in item 5b to recover ([) Cross-defendant named in item Sd to recover
costs $ costs $
(and attorney fees ¢ and attorney fees $
7. [) Other (specify).
Date: 01/08/2024 A ‘OFFICE!
Honorab " le Di onna 'b Geck
Date: Clerk, by , Deputy
(SEALY
CLERK'S CERTIFIGATE (Optional)
| certify that this is a true copy of the original judgment on file in the court
Date:
Clerk, by , Deputy
JUD-100 JNew January 4, 2002) JUDGMENT Page Zof 2
Preview
Eric A. Woosley (SBN 211962) LAW OFFICE OF ERIC A. WOOSLEY 3463 State Street #542 Santa Barbara, CA 93105 (805) 452-6832 Phone (805) 456-0503 Fax sunlaburburalaw cvuemil i Attorney for Plaintiff Olivia Villalovos SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA BARBARA, ANACAPA DIVISION OLIVIA VILLALOVOS, Case No.: 10 Plaintiff, YW vs. COMPLAINT TO VOID A FRAUDULENT 122 TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM 13 JAMES BALSTER, an individual; JODI LEE BALSTER, an individual; and DOES 1 throug! hp | YOIDABLE TRANSACTIONS ACT 14 50, Inclusive, 15 Defendants. 16 Plaintiff Olivia Villalovos (hereafter PLAINTIFF) hereby complains and alleges as 17 follows: 18 THE PARTIES 19 20 PLAINTIFF is an adult who lives in the County of Los Angeles, State of California. 21 Defendant JAMES BALSTER, the transferor of the property, (hereafter 22 JUDGMENT DEBTOR TRANSFEROR) was at all relevant times a resident of the 23 City of Santa Barbara, County of Santa Barbara, State of California. 24 PLAINTIFF is informed and believes that Defendant JOD] LEE BALSTER, the 25 26 transferee of the property. (hereafter TRANSFEREE) was at all relevant times 27 mentioned in this complaint and particularly at the time of the transfer of the 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT - | property, a resident of the City of Santa Barbara, Santa Barbara County, State of California) TRANSFEREE is the daughter of JUDGMENT DEBTOR TRANSFEROR. PLAINTIFF is currently unaware of the true names and capacities of defendants sued herein as DOES 1 through 50, inclusive, and therefore sues these defendants by such fictitious names. PLAINTIFF will amend this Complaint to allege their true names and capacities when ascertained. PLAINTIFF is informed and believes and thereon alleges that each of the fictitiously named defendants is legally responsible in some 10 manner for the occurrences alleged in this Complaint, and PLAINTIFF'S injuries as i 12 alleged were proximately caused thereby. 13 PLAINTIFF is informed and believes and, on that basis, alleges that at all times 14 herein mentioned, Defendants DOES 1 though 50 were the agents, servants and/or 15 employees of their co-Defendants, and in doing the things hereafter mentioned, were 16 acting in the scope of their authority as such agents, servants and employees with the 17 18 permission and consent of their co-Defendants. 19 PLAINTIFF is informed and believes and, on that basis, alleges that Defendants 20 DOES | though 50 conspired with, and cooperated with, the named Defendants to 21 commit the wrongs set forth herein with full knowledge of the wrongfulness of said 22 43 acts. 23 24 VENUE 25 The subject property upon which this Complaint is based is located in the City of 26 Santa Barbara, County of Santa Barbara, State of California. As such, venue is 27 proper in this Santa Barbara County Superior Court. 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT - 2 FACTS COMMON TO ALL CAUSES OF ACTION 8. PLAINTIFF was the victim of unlawful childhood sexual assault and other misconduct by JUDGMENT DEBTOR TRANSFEROR, her step-grandfather, and PLAINTIFF'S grandmother, Cecilia Balster (hereafter CECILIA) the mother of TRANSFEREE. PLAINTIFF reported the abuse to the authorities in February, 2020. After 2 years of investigation, JUDGMENT DEBTOR TRANSFEROR was arrested and charged with] nineteen counts of felony sexual assault of a child occurring between the years 2000 10 and 2014. JUDGMENT DEBTOR TRANSFEROR made a plea deal in November ul 122 2023, and was sentenced to 30 years in prison. PLAINTIFF requests the court take 4 13 judicial notice of the Santa Barbara Superior Court Case No. 22CR80011. 14 10. PLAINTIFF filed suit on December 12, 2022 against JUDGMENT DEBTOR 15 TRANSFEROR and CECILIA for Childhood Sexual Assault;, Intentional Infliction 16 of Emotional Distress, Sexual Assault and Battery, Violation of Civil-Code $1708.5 17 18 Violation of Civil Code $52.4 and Negligence. JUDGMENT DEBTOR 19 TRANSFEROR was served in the Santa Barbara County jail on December 21, 2022, 20 and CECILIA was served on December 29, 2022. PLAINTIFF requests the court 21 take judicial notice of the Santa Barbara Superior Court Case No. 22CV04861. 22 11 On January 3, 2023, PLAINTIFF served on JUDGMENT DEBTOR TRANSFEROR 23 24 a statement of damages in the amount of $10,000,000, alerting him to the amount of 25: damages sought by PLAINTIFF. 26 12. JUDGMENT DEBTOR TRANSFEROR’S default was entered on February 3, 2023. 27 PLAINTIFF is informed and believes, and on that basis alleges, that the only asset 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT -3 available to pay any Judgment in favor of PLAINTIFF was a home JUDGMENT DEBTOR TRANSFEROR owned at 5047 San Vicente Dr., Santa Barbara, CA. On the date the default was entered on February 3, 2023, JUDGMENT DEBTOR TRANSFEROR still owned that home. 13. On February 8, 2023, just 5 days after the default was entered, defendant JUDGMENT DEBTOR TRANSFEROR conveyed the property to defendant TRANSFEREE, by deed, recorded in the Office of the Recorder, Santa Barbara County, California on February 15, 2023, Document Number 2023-0004508 and 10. described as follows: That real property situated in the City of Santa Barbara, County I 122 of Santa Barbara, State of California, commonly known as 5047 San Vicente Drive, 4 13 Santa Barbara, CA. 93111; and more particularly described as: 14 Lot Twenty-Seven (27) in Goleta Sunshine Homes No. Two in County of Santa 155 Barbara, State of California: Book 41 Pages, 15, 16, and 17 of Maps, in the office of the County Recorder of said County. 16 (APN: 065-174-13.) 17 18 A true and correct copy of the transfer deed is attached hereto as Exhibit “1." 19 14. On January 8, 2023, in Case No. 22CV04861, judgment was entered on behalf of 20 PLAINTIFF, against JUDGMENT DEBTOR TRANSFEROR, in the amount of 221 $10,000,524.10. No amount of that judgment has been paid by JUDGMENT 22 DEBTOR TRANSFEROR to PLAINTIFF. 23 24 A true and correct copy of the Judgment is attached hereto as Exhibit “2.” 25 26 27 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OP REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT - 4 COUNT ONE (Violation of the Uniform Voidable Transactions Act Civil Code Section 3439 et seq. Against All Defendants) 15, The transfer by defendant JUDGMENT DEBTOR TRANSFEROR to defendant TRANSFEREE was made without consideration, and with actual fraud on the part of defendant JUDGMENT DEBTOR TRANSFEROR, and with the intent to hinder, delay, or defraud creditors of defendant JUDGMENT DEBTOR TRANSFEROR, including PLAINTIFF, in that the transfer was made to defendant TRANSFEREE, an 10 insider who is the daughter of the JUDGMENT DEBTOR TRANSFEROR. 1 i2 16. Defendant TRANSFEREE received the deed with the knowledge of the 3 13 fraudulent intent on the part of defendant JUDGMENT DEBTOR TRANSFEROR. i4 17. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant 15 JUDGMENT DEBTOR TRANSFEROR does not have any property, other than the 16 real property conveyed, out of which PLAINTIFF can satisfy PLAINTIFF’S 17 18 judgment. In addition, PLAINTIFF is informed and believes that Defendant 19 JUDGEMENT DEBTOR TRANSFEROR will not, in the future, have any ability to 20 pay any portion of the judgment as he will be residing in the care and custody of the 221 State of California for the next 30 years, 22 PRAYER FOR RELIEF 23 24 1 The conveyance and transfer by defendant JUDGMENT DEBTOR 25 TRANSFEROR of all right, title, and interest in the real property to defendant 26 TRANSFEREE, by the deed recorded on February 15, 2023, be declared 27 fraudulent and void and a nullity as to PLAINTIFF; 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT- 5 2. The Court impose a constructive trust over the real property commonly known as 5047 San Vicente Drive, Santa Barbara, CA. 93111; and more particularly described as: Lot Twenty-Seven (27) in Goleta Sunshine Homes No, Two in County of Santa Barbara, State of California; Book 41 Pages, 15, 16, and 17 of Maps, in the office of the County Recorder of said County. (APN: 065-174-13); 3. Pending the determination of this action, a receiver be appointed to take charge of 10 the property referred to, and to collect the rents, issues, and profits, and to apply them 11 to the satisfaction of the judgment obtained by PLAINTIFF against JUDGEMENT 12 DEBTOR TRANSFEROR; 13 4. The appointed receiver sells the property at issue and applies the proceeds to the 14 Is satisfaction of the judgment obtained by PLAINTIFF against defendant JUDGMENT 16 DEBTOR TRANSFEROR; 17 5. Award PLAINITIFF monetary damages, including punitive damages, subject to 18 proof; and 19 6. Order such other and further relief as the court deems proper. 20 21 22 Dated this 18" day of January, 2024. 23 LAW OFFICE OF ERIC A. WOOSLEY 24 25 26 . WOOSLEY 27 Attorney for Plaintiff OLIVIA VILLALOVOS 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT - 6 10 I 122 13 14 15 16 17 18 19 20. 221 22 23 24 25 26 27 EXHIBIT “1” 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT- 7 Recorded in Official Records County of Santa Barbara Joseph E. Holland County Clerk-Recorder RECORDING REQUESTED BY: THYNE TAYLOR FOX HOWARD, LLP DOC# 2023-0004508 WHEN RECORDED, MAIL TO 02/15/2023 Titles: 1 Pages: 3 03:30 PM AND MAIL TAX STATEMENTS TO: sBC Fees $20.00 Jodi Balster Taxes $0,00 40 CASB2 Fee $0.00 5047 San Vicente Dr. Total $20.00 Santa Barbara, CA 93111 APN: 065-174-13 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE GRANT DEED ‘The undersigned Grantor declares that this conveyance is for zero (“0”) consideration Documentary Transfer Tax is $0.00 Exempt from fee per Gov. Code §27388.1(a)(2); document transfers real property that is a residential dwelling to an owner-occupier. oOo City of Unincorporated Area of Santa Barbara County FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES LEE BALSTER, as Trustee of THE J L BALSTER FAMILY TRUST, U/A dated December 28, 2022, the GRANTOR, HEREBY GRANTS TO JODI LEE BALSTER, the GRANTEE, All of THAT PROPERTY situated in the County of Santa Barbara, State of California, more commonly known as 5047 San Vicente Dr., Santa Barbara, CA 93111; which property is bounded and described as set forth in Exhibit "A" (attached hereto and incorporated herein by reference). SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. Executed on February & , 2023, in Santa Barbara County, California. Yves bk JAMES LEE BALSTER, Trustee | - Please send tax statement to the address as directed above DOC. Boas 0004508 Page 2 of 3 ExhibitA Lot Twenty Seven (27) in Goleta Sunshine Homes No, Two In County of Santa Barbara, State of California: Book 41 pages 15, 16, and 17 of Maps, in the office of the County Recorders of sald County, DOC #2023-0004508 Page 3 of 3 A notary public or other officer 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, or validity of that document. STATE OF CALIFORNIA COUNTY OF SANTA BARBARA On February @ , 2023, before me, Maxtha CC have , a Notary Public, personally appeared JAMES LEE BALSTER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Seal Ee MARTHA C, CHAVEZ Notary Public - California Santa Barbara County E Commission #2382999 ‘My Comm. Expires Apr 20, 2025 10 I 122 a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "2” 28 COMPLAINT TO VOID A FRAUDULENT TRANSFER OF REAL PROPERTY PURSUANT TO THE UNIFORM VOIDABLE TRANSACTIONS ACT - 8 NB Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 12/11/2023 JUD-100 APTORNEY OR PARTY WITHOUT ATTORNEY (Namie stale bar number and adaress) FOR COURT USE ONLY Eric A. Woosley, Esq. (SBN 211962) LAW OFFICE OF ERIC A. WOOSLEY 3463 State Street #542 Santa Barbara, CA 93105 TELEPHONE NO 805-452-6832 FAK NO Optainat! 805~456-0503 FILED E-Mail ADORESS (Optional) santabarbaralawyer@gmail.com SUPERIOR COURT of CALIFORNIA ATTORNEY FOR (Name) Plaintiff Jane Doe COUNTY of SANTA BARBARA ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 01/08/2024 sTreeT aoDREss 1100 Anacapa Street Darrel E. Parker, Executive Officer MAILING ADORESS 1100 Anacapa Street BY_ Frye. Preston city AND ZipcoDE Santa Barbara, 93101 Deputy Clerk BRANCH NAME Anacapa Division PLAINTIFF: Jane Doe DEFENDANT James Balster et al JUDGMENT (CASE NUMBER [2 By Default 22CV04861 (—) By Clerk (5 After Court Trial (xX) By Cour [_) On Stipulation (__} Defendant Did Not Appear at Trial JUDGMENT (3¢) BY DEFAULT a Defendant was properly served with a copy of the summons and complaint b. Defendant failed to answer the complaint ar appear and defend the action within the time allowed by law ©. Defendant's default was entered by the clerk upon plaintiffs application. a [) Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money. (BZ) Court Judgment (Code Civ. Proc... § 585(b)). The court considered (1) (3c plaintiffs testimony and other evidence (2) C2) plaintiffs written declaration (Code Civ Proc., § 585(d)). [J ON STIPULATION a Plaintiff and defendant agreed (stipulated) that 2 judgment be entered in this case The court appraved the stipulated judgment and b. [__] the signed written stipulation was filed in the case. c. (_) the stipulation was stated in open court [_) the stipulation was stated on the record [) AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on (date and time) before (name of judicial officer) b. Appearances by: ([) Plaintitt (name each): (_) Plaintiff's attorney (name each) a (1) (2) (2) [5 Continued on Attachment 3b [) Defendant (name each) Defendant 's attorney (name each)” a (1) (2) (2) [—) Continued on Attachment 3b. | ¢. [__] Defendant did not appear at trial. Defendant was properly served with notice of trial 4. [_] Astatement of decision (Code Civ. Proc., § 632) ([) was not (J was requested Page 1 02 Form Approved for Optionar Use JUDGMENT Code of Civil Procedure, §§ 685, 064.6 ludica’ Counel of Caitqrnia 4100-100 (New January 1.2002) JUD-100 PLAINTIFF: Jane Doe CASE NUMBER DEFENDANT: James Balster et al 22004861 JUDGMENT IS ENTERED AS FOLLOWS BY: (Ge) THE CourRT [_] THE CLERK 4. (] Stipulated Judgment. Judgment is entered according to the stipulation of the parties. 6. Parties, Judgment is a. (4€] for plaintiff(name each): © for cross-complainant (name each): Olivia Villalovos and against defendant (names), and against cross-defendant (name eacti): James Balster [) Continued on Attachment 5a. [—) Continued on Attachment 5c. b. [J for defendant (name each) da for cross-defendant (name each) 6. Amount a. [3] Defendant named in item 5a above must c. [__] Cross-defendant named in item Sc above must pay pay plaintiff on the complaint: cross-complainant on the cross-complaint: ]| (1) [32] Damages $s 40,000,000,00 (1) Damages $ (2) Prejudgment (2) [7] Prejudgment $ interest at the interest at the annual rate of % annual rate of % (3) JAttorney fees (3) [J Attorney fees (4) ] Costs 524.10 (4) [_] Costs (5) (_] Other (specify) (5) [__] Other (specify) (6) TOTAL $ 10,000,524.10 (6) TOTAL § b. Plaintiff to receive nothing from defendant ¢. [[_] Cross-complainant to receive nothing from named in item 5b. cross-defendant named in item Sd. Defendant named in item 5b to recover ([) Cross-defendant named in item Sd to recover costs $ costs $ (and attorney fees ¢ and attorney fees $ 7. [) Other (specify). Date: 01/08/2024 A ‘OFFICE! Honorab " le Di onna 'b Geck Date: Clerk, by , Deputy (SEALY CLERK'S CERTIFIGATE (Optional) | certify that this is a true copy of the original judgment on file in the court Date: Clerk, by , Deputy JUD-100 JNew January 4, 2002) JUDGMENT Page Zof 2