Legal Document: THE ESTATE OF RAYMOND W. ROSS

On October 25, 2023 a REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PETITION PART 7 OF 11 EXH. 11 (2) (TRANSACTION ID # 71840149) FILED BY PERSONAL REPRESENTATIVE SCHMIERER, CARON was filed involving a dispute between Glander, John, Schmierer, Caron, and for PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY in the District Court of San Francisco County.

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1 PAUL B. GRUWELL (SBN 252474)
RICHARD T. FRANCESCHINI (136007)
2 RAGGHIANTI FREITAS LLP
1101 Fifth Avenue, Suite 100
ELECTRONICALLY
3 San Rafael, California 94901
Telephone: (415) 453-9433 FILED
Superior Court of California,
4 Facsimile: (415) 453-8269 County of San Francisco
Email: pgruwell@rflawllp.com
5 Email: rfran@rflawllp.com 01/19/2024
Clerk of the Court
BY: MICHAEL RAYRAY
6 Attorneys for CARON SCHMIERER, Deputy Clerk
as Administrator with Will Annexed of the
7 Estate of Raymond W. Ross and
Temporary Trustee of the Raymond W.
8 Ross Living Trust

9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN FRANCISCO
11
In the Estate of: CASE NO.: PES-23-306743
12

13 RAYMOND W. ROSS, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF CARON SCHMIERER’S
14 Decedent. PETITION FOR INSTRUCTIONS TO
DISMISS PORTIONS OF PENDING,
15 ESTATE-RELATED LITIGATION
16
PART 7 OF 11
17 EXHIBIT 11 (2)

18 DATE:
TIME:
19
DEPT.: Probate
20

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF
PENDING, ESTATE-RELATED LITIGATION
1
EXHIBIT "2"
DURABLE POWER OF ATTORNEY
FOR HEALTH CARE DECISIONS

WARNING TO PERSON EXECUTING THIS DOCUMENT

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREA 1ES A DURABLE POWER OF
ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU
SHOULD KNOW THESE IMPORTANT FACTS:

1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR
AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS
POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR
DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE
HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF
CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT,
SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL
OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES
OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO
ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR
OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT
IN YOUR BEST INTERESTS.

3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE
POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE
DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR
DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH
WOULD KEEP_ YOU ALIVE.

4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS
POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS
DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS
FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME
WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR
YOURSELF.

5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO
MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO
LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE
PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO
YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP
YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

,1 Boyce & Gianni, LLP
Attorneys at Law
6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE
PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE
DECISIONS FOR YOU BY NOTIFYTNG THAT PERSON OF THE REVOCATION
ORALLY OR IN WRITING.

7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO
THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE
DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL
OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH
CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL
RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT
THIS RIGHT IN THIS DOCUMENT.

9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF
ATTORNEY FOR HEALTH CARE.

10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

1. DESIGNATION OF HEALTH CARE AGENT.

I, RAYMOND W. ROSS, do hereby designate and appoint:

Name: RICHARD HEAD

as my agent to make health care decisions for me as authorized in this document.

2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

By this document I intend to create a durable power of attorney by appointing the person
designated above to make health care decisions for me. This power of attorney shall not be
affected by my subsequent incapacity.

2 Boyce & Gianni, LLP
Attorneys at Law
3. GENERAL STATEMENT OF AUTHORITY GRANTED.

In the event that I am incapable of giving informed consent with respect to health care
decisions, I hereby grant to the agent named above full power and authority: •

(a) To make health care decisions for me before or after my death, including consent,
refusal of consent, or withdrawal of consent to any care, treatment, service or procedure to
maintain, diagnose or treat a physical or mental condition;

(b) To request, review and receive any information, verbal or written, regarding my
physical or mental health, including without limitation, medical and hospital records;

(c) To execute on my behalf any releases or other documents that may be required to
obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any
arbitration agreements or execute any arbitration clauses in connection with admission to any
health care facility including any skilled nursing facility; and

(d) Subject only to the limitations and special provisions, if any, set forth in
Paragraphs 4 or 6.

4. SPECIAL PROVISIONS AND LIMITATIONS.

In exercising the authority under this durable power of attorney for health care, the
authority of my agent is subject to the following special provisions and limitations:

(a) My agent is not permitted to consent to any of the following: commitment to or
placement in a mental health treatment facility, convulsive treatment, psychosurgery,
sterilization, aversive intervention, as that term is defined in N.R.S. 449.766, and experimental
medical, biomedical or behavioral treatment, or participation in any medical, biomedical or
behavioral research program.

(b)

5. DURATION.

I understand that this power of attorney will exist indefinitely from the date I execute this
document unless I establish a shorter time. If I am unable to make health care decisions for
myself when this power of attorney expires, the authority I have granted my agent will continue
to exist until the time when I become able to make health care decisions for myself.

I wish to have this power of attorney end on the following date:

3 Boyce & Gianni, LLP
Attorneys at Law
6. STATEMENT OF DESIRES.

(If the statement reflects your desires, initial the box next to the statement.)

(a) I desire that my life be prolonged to the greatest extent possible, without
regard to my condition, the chances I have for recovery or long-term
survival, or the cost of the procedures.

(b) If I am in a coma which my doctors have reasonably concluded is
irreversible, I desire that life-sustaining or prolonging treatments not be
used.

(c) If I have an incurable or terminal condition or illness and no reasonable
hope of long-term recovery or survival, I desire that life-sustaining and
prolonging treatments not be used. [114.]
(d) Withholding or withdrawal of artificial nutrition and hydration may result
in death by starvation or dehydration. I want to receive or continue
• receiving artificial nutrition and hydration by way of the gastrointestinal
tract after all other treatment is withheld. 1

(e) I do not desire treatment to be provided and/or continued if the burdens of
the treatment outweigh the expected benefits. My agent is to consider the
relief of suffering, the preservation or restoration of functioning, and the
quality as well as the extent of the possible extension of my life. 1

(f) Other or Additional Statements of Desires:

4 Boyce & Gianni, LLP
Attorneys at Law
7. DESIGNATION OF ALTERNATE AGENT.

If the person designated in Paragraph 1 as my agent is unable to make health care
decisions for me, then I designate the following persons to serve as my agent to make health care
decisions for me as authorized in this document, such persons to serve in the order listed below:

A. First Alternate Agent:

Name: NANCY HEAD

B. Second Alternate Agent:

Name: JOHN GLANDER

8. PRIOR DESIGNATIONS REVOKED.

I revoke any prior durable power of attorney for health care.

9. WAIVER OF CONFLICT OF INTEREST.

If my designated agent is my spouse or is one of my children, then I waive any conflict of
interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said
spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

10. CHALLENGES.

If the legality of any provision of this Durable Power of Attorney for Health Care is
questioned by my physician, my agent or a third party, then my agent is authorized to commence
an action for declaratory judgment as to the legality of the provision in question. The cost of any
such action is to be paid from my estate. This Durable Power of Attorney for Health Care must
be construed and interpreted in accordance with the laws of the State of Nevada.

11. RELEASE OF INFORMATION.

I agree to, authorize and allow full- release of information by any government agency,
medical provider, business, creditor or third party who may have information pertaining to my
health care, to my agent named herein, pursuant to the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

I sign my name to this Durable Power of Attorney for Health Care on this 3 day of
October, 2016.

Lt.)
RAYMOND W. RO

5 Boyce & Gianni, LLP
Attorneys at Law
STATE OF NEVADA
) ss.
COUNTY OF CLARK

On this .5 day of October, 2016, before me, a notary public, personally appeared
RAYMOND W. ROSS who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to this instrument, and acknowledged that he executed it. I declare
under penalty of perjury that the person whose name is ascribed to this instrument appears to be
of souni min and under no uress, fraud, or undue influence.

fit i!
OTARY PU L C
ASH10( GAUDREAU
Notary Public-State of Nevada
APPT. NO. 11-5733-1
My App. ExpiresSeptember 21, 2019

6 Boyce & Gianni, LLP
Attorneys at Law
EXHIBIT "3"
CONSENT TO SERVE AS TRUSTEE
RAYMOND W ROSS LIVING TRUST

As of May 19, 2021 and as per instructions in the Raymond Ross Living Trust , The
successor trustee (myself) becomes the Trustee upon receiving two separate licensed
physicians diagnosis of mental incapacity to do his affairs.

This occurred on March 24 and May 18 2021. As of this time I am the trustee of the
Raymond W Ross living Trust

Th* cument is my consent to accept this position.

Richard M. Head MD
May 19,2021
EXHIBIT "4"
6/11/2021
Scannable Document on May 28, 2021 at 1_25_08 PM.png

Amount: $100,000.00 Sequence Numbei: 4292209896
Account: 261969285 Capture Date: 06/13/2027
Bank Number; 12100035 Check Number: 173
Bank of America
JONATHAN SHAPRiON& RAYMOND ROSS 173
TRUST, UM 9/02/83
7140210 CA
J J SHANNON & RAYMOND ROSS, TRUSTEE 300117
9700 VERIAINE CT .‘"/Z./i 7
I.AS VEGAS NV 891468605 Dale

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Electronic Endorsements:
Bank # Endre Type TRN RRC Bank Name
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06/13/2017 000008000178804
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EXHIBIT "5"
ABRAHAM MERTENS
121 WEBETER STREET ,
SAN FRANCISCO, CA 94111
(415) 9634213

' 18,2020
gn.st
,

Mr. Raymond "Jeffreys' Ross • •

Email: jshan,Jrosšeaolcom
Re: Loan for Sonoma Property

Dear Jeffrey
-
64bampeek0-frtwo you, JeffrerRossriRlhe
4:Abrahant-MeitenSiligreeto-repay-tii-
amount of $50,099.00 upon completion of the fundiiii of our purchase of the property at
. 140 Northside Ave, Sonoma, CA 95476.
, . to us and we can't fully
Thank you again foryour help. ioiir friewkhip meanStipUF.h
express how much we appreciate oierythingyRu andjiiittallthave done for us.
" •
EXHIBIT "6"
RAVNIONO W ROSS 2026
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VERIFICATION

Verification of Pleading (Code Civ. Proc., § 446)
Declaration under Penalty of Perjury Form (Code Civ. Proc., §§ 446, 2015.5)
by Party

IN RE: IN RE: THE TOTAL AMENDMENT AND RESTATEMENT OF THE
RAYMOND W. ROSS LIVING TRUST DATED OCTOBER 5, 2016,

I, Dr. Richard Head, declare:

I am the Petitioner in the in the above-entitled matter. I have read the foregoing -
PETITION TO COMPEL RETURN OF TRUST PROPERTY PURSUANT PROBATE
CODE SECTION 850, FOR DOUBLE DAMAGES, AND FOR IMPOSITION OF A
CONSTRUCTIVE TRUST and know the contents thereof.

The same is true of my own knowledge, except as to those matters which are therein
stated on information and belief, and, as to those matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct. Executed t ay in July, 2021 in Mill Valley,
California.

ichard Head
EXHIBIT "12"
VALERIE F. HORN & ASSOCIATES, APLC (310) 621-2341
Valerie F. Horn, Esq. (SBN 151161)
1901 A.venue of the Stars, Suite 1900
Los Angeles, California 90067
Los
1J-
_ATTORNEY FOR (Name): Petitioner Dr. Richard Head
OCT - 6 2021
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN S M KIM court Executive Officer
IN THE MATI'ER OF (nsmc): t, E N 'COUNTY SUPEWOR COURT
Dy: C. Lucchesi. Deputy
Total Amendment and Restatement of the Raymond W. Ross Living Trust. TRUST
HEARING DATE: TIME: DEPT/DIV.: CASE NUMBER:
PROOF OF SERVICE December 6, 2021 900 a.m. PR2102980

1, At the time of service ! was at least 18 years of age and not a party to this action, and I served copies of the (wpaakdocvnienor
NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST; PETITION: 1) TO COMPEL RETURN OF TRUST
PROPERTY PURSUANT TO PROBATE CODE §850: 2) FOR DOUBLE DAMAGES PURSUANT TO PROBATE
CODE §859; AND 3) FOR IMPOSTT1ON OF A CONSTRUCTIVE TRUST

2. a.- Party say : ABRAHAM MERTENS, 1NDIVIDUA.LL Y AND AS TRUSTEE OF THE
ABRAHAM MERTENS AND IVORY MADISON REVOCABLE LIVING TRUST
DATED JANUARY 16, 2020

b. Person served: Christi Liar, Tenant, authorized person to accept service of process

c. Address: 727 Webster Street
San Francisco, California 94117

3. i served the party hi item 2
a. by personalty delivering the copies (1) on (date): 09/30/2021
(2) at (time): 04:54 p.m.

4. Person serving (name, address, and telephone No.):

Yedelfre Tarn e ra tiarekegn
Ace Attorney Service, Inc. Fee for service: $
1000 Broadway, Suite 340
Oakland, California 94607 Registered California process server,
(510) 465-1000 (1) Employee or independent contractor.
(2) Registrafion No.: 1521
(3) County: ALAIVIEDA

5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
7
Date: October 1, 2021

signature)

#1992462142

PROOF OF SERVICE
VALERIE F. HORN & ASSOCIATES, APLC (310) 621-2341 '
Valerie F. Horn, Esq. (SBN 15H61)
1901 Avenue of the Stars, Suite 1900 I Li E C
Los Angeles, California 90067
ATTORNEY FOR (Name): Petitioner Dr. Richard Head OCT -62021
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN JAMES M. KIM, Court Executive Officer
. MARDI COUNTY SUPERIOR Cow
IN THE MATTER OF (name): By: C. Lucchesi. Deputy
Total Amendment and Restatement of the Raymond W. Ross Living Trust, TRUST
HEARING DATE: TIME: DEPT/DIV.: CASE NIJMI3ER:
PROOF OF SERVICE December
_ 6, 2021 9:00 a.m. PR2102980

1. At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (specb, docunteru(s):
NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST; PETITION: 1) TO COMPEL RETURN OF TRUST
PROPERTY PURSUANT TO PROBATE CODE §850; 2) FOR DOUBLE DAMAGES PURSUANT TO PROBATE
CODE §859; AND 3) FOR IMPOSITION OF A CONSTRUCT WE TRUST

2. a. Party served:: IVORY MADISON, INDIVIDUALLY AND AS TRUSTEE OF THE ABRAHAM-
MERTENS AND IVORY MADISON REVOCABLE LIVING TRUST DATED
JANUARY 16,2020

b. Person served: Christi Lue, Tenant, authorized person to accept service of process

c. Address: 727 Webster Street
San Francisco, California 94117

1 I served the party in item 2
a. by personally delivering the copies (1) on (date): 09/30/2021
(2) at (time): 04:54 p.m.

4. Person serving (name, address, and telephone No.):

Yedelfre Tamerattarekegn
Ace Attorney Service, Inc. Pee for service: $
1000 Broadway, Suite 340
Oakland, California 94607 Registered California process server.
(5W) 465-1000 (1) Employee or independent contractor.
(2) Registration No.: 1521
(3) County: ALAMEDA

5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: October 1, 2021

#19924621CO

PROOF OF SERVICE
. DECLARATION OF DUE-DILIGENCE

CASE NAME: N THE MATTER OF (name):
Total Amendment and Restatement of the Raymond W. Ross Living Trust, TRUST

CASE NUMBER: PR2102980

I am and was on the datPs herein mentioned, over the age of 18 years and not a party to the action. I
received the within process on September 24, 2021 and after due diligent effort, we have been unable to effect personal
service of the following documents on the within named: NOTICE OF REARING-DECEDENT'S ESTATE OR
TRUST; PETITION: 1) TO COMPEL RETURN OF TRUST PROPERTY PURSUANT TO PROBATE CODE
§850: 2) FOR DOUBLE DAMAGES PURSUANT TO PROBATE CODE §859; AND 3) FOR IMPOSITION OF A
CONSTRUCTIVE TRUST

Name: IVORY MADISON, INDIVIDUALLY AND AS TRUSTEE OF THE ABRAHAM
MERTENS AND IVORY MADISON REVOCABLE LIVING TRUST DATED
JANUARY 16,2020

Residence Address: 727 Webster Street
San Francisco, California 94117

Dates and times of attempts with reported detail is listed below.

Date Time Location Result
09/28/21 11:55 a.m. Residence I arrived at the address given for service of process. The address corresponds to a
residence. I knocked on the door and rang the doorbell several times but received
no answer. There was a dog barking inside the residence but there was no sign of
activity around the residence.
09/29/21 5:14 p.m. Residence I arrived at the address given for service of process. I knocked on the door and
rang the doorbell several times but received no answer. There was no sign of
activity around the residence.
09/31/21
- 4:54 p.m. Residence I arrived at the address given for service of process. I spoke with a current tenant
(Asian, 35yrs., 5'6", 140 lbs., Dark Colored eyes, Black hair) who stated the
subject was not in. As such, I substituted service on Christi Lue, Tenant on behalf
of IVORY MADISON, INDIVIDUALLY AND AS TRUSTEE OF THE
ABRAHAM MERTENS AND IVORY MADISON REVOCABLE LIVING
TRUST DATED JANUARY 16, 2020.

I declare under penalty of perjury that the foregoing is true and correct. Executed this ŕ day of October
2021 at Oakland, CalVornia.

Process Servers for
Ace Attorney Service, Inc.
1000 Broadway, Suite 340
Oakland, California 94607

Page 1 of 1
#199.2462KQ
d. •

DE-120
NANNET OR OARITAMTHOUT ATTORNEY • STATE Mia NANA& 151181 nveratertermar
1.• tame Valerie F. Flom, EN" .
Mums Valerie F. Horn& Associates, APLC - •
sunarancessa 1901 Avenue dim Stem Suite 1500
— art= Los Ammies STATE CA 20 CODE 90057
poem tin: (310) 6884494
*Amon=
" thahenbookbalegmaLGOM
N9OCIMTPORMemS Petitioner Or. Richard Head
FAX NM: (310)888.8469

. ,
FILEE.
itUrERIOR COURT or CALIPORINA, couimr or MARIN
Aleseracomeat 3501 ClvirCettler Drive . SEP -12021
.
AMMPN/ZONA& • MAMAS H. SM. Court Executer Officer
arenas, CODE San Rafael, CA 94803 . ' NAM COMM SUPSIUOit MIT
BRANCHWM& . my c. Lucchesi. DePteg
•••• go EST= OF gamma): - ing IN THE MATTEROF ataimak
Total Amendment end ' - • -.— ofIlto Raymond W. Ross Lividg Trost • .
• CD DelEDEPir 1::1 TRusr arum
C?a
NOTICE OF NEARING—DECEDENT'S ESTATE OR TRUST fric 21 0 2 9 8 0
Tids noes a I e mated by law. You are not required to appear in cos" but you many amend the boring and West or
respond Wyatt slab. ff you de not respond oration, the heating, the court may act on analog Viditeuty011.

1. NOTICE le given that (name): Petitioner Or; Richard Heed •
Wilda°. offeintaftgarive MHO/. gray): Su= TS* of the Total Ammeter* end Restatement of Om Raymond Rose TWO
has Red a or amount (goodly complete We and briefly describer'
Parton to g=11=1 071 Proceity Pursuant to CM. Probate Code section 850, For Double Omega, end fer the
411721t
Imposition of a Contdrudbra Trust •

[7] The fling la 8 repot of the status of a decedent's estate administratim made under Probate Code section 12200. See the
NOTICE below.
Please refer to the Eel documents for /note infonnalon about the case. (Some documents filed sal the court ail coniklentlei)
2. A HEARING on the matter described In I will be haid as follows:
'1/41
DEC 6 2821 T. W9)71 Nattse end address of court. afferent from above:

Room:
For Zoom information
go to to court's website
—VA•AV ;FR Et 'ncourt.org
NOTICE
lithe Sim desonlied In1 le a report of the status of decedent's estate '
adndnietrailon rued. under Probate Code Section12200,
YOU HAVE THE ItItEHT TO PETITION FOR AN ACCOUNTING
UNDER SECTION 10950 OF THE PROBATE CODE.

Ragtetwets for floacanmodalfons
Islysling Wawa. tomputemmesisted retni•Ome ••lbw or sign language interpreter services me available ff
you esk at least Wm days before the .Contact the rierk's Mice or go to INOW.COUNIMMONFONITS for Request*
..
AccemetedeSeee hy Parse/will/0 ‘1110121110,62 and Response (form IAC.410). (Chr. Code. § 54.8,)

Do not we taken' to ohs notice eta petition to administer an nuns One Rob. Code. MO(, and meta= DE421). notice of*
hearing in a goepetbashlp or coneervetcablp case bias Prob. Code, $1511 and 1822. said use Sams NC-020). or nodes of a headno on a
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Jusneetereenemmtine NOTICE OF HEARING—DECEDENT'S ESTATE OR TRUST 1210.122oi.1711:0„17E0
open pent kielfgt. anq 1101/10:0ML0/40/1
VALERIE F. HORN & ASSOCIATES, APLC (310) 621-2341
Valerie F. Horn, Esq. (SBN 151161)
1901 Avenue of the Stars, Suite 1900 i
FIELIEF-D
Los Angeles, California 90067
ATTORNEY FOR (Name): Petitioner Dr, Richard Head . OCT - 6 2021
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF 1VIARIN . JAMES M. KIM, Court Executive Officer
MARIN COUNTY SUPERIOR COURT
IN THE MATTER OF (name): . By: C. Lucchesi. Deputy
Total Amendm. ent and Restatement of the Raymond W. Ross Living Trust, TRUST
HEARING DATE: TIME: DEPT/DIV.: CASE NUMBER:
PROOF OF sERvicE December 6, 2021 9:00 a.m. PR2102980

1. At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (spec* doeument(3):
NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST; PETITION: 1) TO COMPEL RETURN OF TRUST
PROPERTY PURSUANT TO PROBATE CODE §850; 2) FOR DOUBLE DAMAGES PURSUANT TO PROBATE
CODE §859; AND 3) FOR IMPOSITION OF A CONSTRUCTIVE TRUST

2. a. Party served: ABRAHAM /VfERTENS, INDIVIDUA.LL Y AND AS TRUSTEE OF THE
ABRAHAM MERTENS AND WORY MADISON REVOCABLE LIVING TRUST
DATED JANUARY 16,2020

b. Person served: Christi Lug, Tenant, authorized person to accept service of process

c. Address: 727 Webster Street
San Francisco, California 94117

3. I served the party in item 2
a. by personally delivering the copies (1) on (date): 09/30/2021
(2) at (time): 04:54 p.m.

4. Person serving (name, address, and telephone No.):

Yedelfre Tamerattarekegn
Ace Attorney Service, Inc. Fee for service: $
1000 Broadway, Suite 340
Oakland, California 94607 Registered California process server.
(510) 465-1000 (1) Employee or independent contractor.
(2) Registration No.: 1521
(3) County: ALAMEDA

5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Date: October 1, 2021

#1992462102

PROOF OF SERVICE
DECLARATION OF DUE-DILIGENCE

CASE NAME: N THE MATTER OF (name):
Total Amendment anditestatement of the Raymond W. Ross Living Trust, TRUST

CASE NUMBER: PR2102980

lam and was on the dates he mentioned, over the age of 18 years and not a party to the action. I
received the within process on September 24, 2021 and after due diligent effort, we have been unable to effect personal
service of the following documents on the within named: NOTICE OF HEARING-DECEDENT'S ESTATE OR
TRUST; PETITION: I) TO COMPEL RETURN OF TRUST PROPERTY PURSUANT TO PROBATE CODE
§850; 2) FOR DOUBLE DAMAGES PURSUANT TO PROBATE CODE §859; AND 3) FOR IMPOSITION OF A
CONSTRUCTIVE TRUST

Name: ABRAHAM MERTENS, INDIVIDUA.LL Y AND AS TRUSTEE OF THE
ABRAHAM MERTENS AND IVORY MADISON REVOCABLE LIVING TRUST
DATED JANUARY 16, 2020

Residence Address: 727 Webster Street
San Francisco, California 94117

Dates and times of attempts with reported detail is listed below.

Date Time Location Result
09/28/21 11:55 a.m. Residence ' I arrived at the address given for service of process. The address corresponds to a
residence. I knocked on the door and rang the doorbell several times but received
no answer. There was a dog barking inside the residence but there was no sign of
activity around the residence.
09/29/21 5:14 p.m. Residence I arrived at the address given for service of process. I knocked on the door and
rang the doorbell several times but received no answer. There was no sign of
activity around the residence.
09/31/21 4:54 p.m. Residence rarrived at the address given for service of process. I spoke with a current tenant
(Asian, 35yrs., 5'6", 140 lbs., Dark Colored eyes, Black hair) who stated the
subject was not in. As such, I substituted service on Christi Lue, Tenant on behalf
of ABRAHAM MERTENS, INDIVIDUA.LL Y AND AS TRUSTEE OF THE
ABRAHAM MERTENS AND IVORY MADISON REVOCABLE LIVING
TRUST DATED JANUARY 16, 2020.

I declare under penalty of perjury that the foregoing is true and correct. Executed this r day of October
2021 at Oakland, California.

Process Servers for
Are Attorney Service, Inc.
1000 Broadway, Suite 340
Oakland, California. 94607

Page 1 of I
#1992462ICQ
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freemen:woe San Rafael, CA 94903 NAM COUNTY SUPERIOR
awaduriem . Mp C. Luethrei. DOWN
••In, En ESTATE CC PiemeX 1:::3 ia TEE HATTER CIF (name*
Total Amendment and Restatement of the Raymond W. Ross Lividg Trust
mama ł TRIJST MIER
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Nande OF HEARING—DECEDENTS ESTATE OR :MUST 21 02 980
•

This notice is revoked by bw. You we not required to appear ht court, but you may attend the hewing and West or
respond t I you Weft //you do not respond or attend the homing, the cowl may not on Mottling without U.
1. NOTICE Is Moen that (name): Petdorier Dr:Richard Head •
Ofdirdoe. cemProsenfeave conacitY; I( enY): Sacs. Iles of the Total Amendment and Restatement of the Raymond Roes Trust
has Ned re Or account (aped& «0'tide end bdeify describer
Aileen to 8=Returr aPPlicaturft` Property Pursuant to Cal Probate Code sedion 650. For Double Denioges, end frith"

Case Info

Judge

Ross C. Moody Track Judge’s New Case

Case No.

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Document Filed Date

January 19, 2024

Case Filing Date

October 25, 2023

County

Parties

ABRAHAM MERTENS C/O LIZABETH N. DE VRIES DE VRIES LAW, P.C. SAN FRANCISCO, CA 94109 Requestor
DOLCH, DEBRA J Requestor
FRANCESCHINI, RICHARD THOMAS Attorney
GLANDER, JOHN Petitioner
LEE, JAMAY Attorney
PHILADELPHIA INDEMNITY INSURANCE COMPANY Surety Company
Pro Per Attorney
ROSS, RAYMOND W. Decedent
SCHMIERER, CARON Personal Representative
SCHMIERER, CARON Petitioner
Adrian Sawyer Attorney
Woodford Rowland Attorney
Robyn Christo Attorneys for Defendants
Shelley Clark Attorney
REBECCA GUYETTE Attorney
Paul Gruwell Attorney
Arthur Harris Attorneys for Defendants
Valerie Horn Attorneys for Plaintiffs
Timothy Halloran Attorneys for Defendants
Amy Harrington Attorney
Lizabeth deVries Attorneys for Defendants
Kelly Dixon Attorneys for Defendants
Steven Klamm Attorney
Michael Lopez Attorneys for Defendants

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Document for THE ESTATE OF RAYMOND W. ROSS

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