Legal Document: THE ESTATE OF RAYMOND W. ROSS

On October 25, 2023 a REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PETITION PART 6 OF 11 EXH. 11 (1) (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 6 OF 11
17 EXHIBIT 11 (1)

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
Valerie F. Horn, Esq. (CSB No. 151161)
VALERIE F. HORN & ASSOCIATES ELECTRONICALLY FILED
A Professional Law Corporation Superior Court of California
1901 Avenue of the Stars, Suite 1900 County of Sonoma
11/15/2021 6:50 PM
Los Angeles, California 90067-1507 Arlene D. Junior, Clerk of the Court
Telephone: (310) 888-8494 By: Melisa Kennedy, Deputy Clerk
Facsimile: (310) 888-8499
Email: thehornbooklaw@gmail.com

Attorneys for Plaintiff Dr. Richard Head, as Conservator
of the Person and Estate of Raymond W. Ross

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SONOMA

DR. RICHARD HEAD, AS ) Case No. SCV-269688
CONSERVATOR OVER THE PERSON )
AND ESTATE OF RAYMOND W. ROSS, )
) COMPLAINT FOR:
Plaintiff, )
) 1) FRAUDULENT TRANSFER
v. ) (California Civil Code § 3439.04(a)(1));
) 2) FRAUDULENT TRANSFER
ABRAHAM MERTENS, INDIVIDUALLY ) (California Civil Code §3439.04(a)(2));
AND AS TRUSTEE OF THE ABRAHAM ) 3) FRAUDULENT TRANSFER
MERTENS AND IVORY MADISON ) (California Civil Code §3439.05)
REVOCABLE LIVING TRUST DATED )
JANUARY 16, 2020, IVORY MADISON, )
INDIVIDUALLY AND AS TRUSTEE OF )
THE ABRAHAM MERTENS AND IVORY )
MADISON REVOCABLE LIVING TRUST )
DATED JANUARY 16, 2020, ELISA )
CLAIRE DEANE PATRICK ALSO KNOWN)
AS CLAIRE PATRICK, VALLEY OF THE )
MOON COTTAGES, LLC, A CALIFORNIA)
LIMITED COMPANY, AND DOES 1 )
THROUGH 100, INCLUSIVE, )
)
)
Defendants. )
)

COMPLAINT -1-
Plaintiff Dr. Richard Head, as Conservator over the Person and Estate of Raymond W.

Ross, hereby alleges as follows:

THE PARTIES

1. Plaintiff Richard Head ("Dr. Head"), as Conservator over the Person and

Estate of Raymond W. Ross, was and is, at all relevant times alleged herein a resident of Malin

County, California.

2. Conservatee Raymond W. Ross ("Mr. Ross"), was and is, at all relevant times

alleged herein, a resident of Mann County, California.

3. Defendant Abraham Mertens ("Abraham"), an individual and as Trustee of the

Abraham Mertens and Ivory Madison Living Trust dated January 16, 2020 was and is, at all

relevant times alleged herein a resident of San Francisco, California.

4. Defendant Ivory Madison ("Ivory"), an individual and as Trustee of the Abraham

Mertens and Ivory Madison Living Trust dated January 16, 2020 was and is, at all relevant times

alleged herein a resident of San Francisco, California.

5. Defendant Abraham Mertens individually and as Trustee of the Abraham

Mertens and Ivory Madison Living Trust dated January 16, 2020 , and Ivory Madison,

individually and as Trustee of the Abraham Mertens and Ivory Madison Living Trust dated

January 16, 2020 will hereafter be collectively referred to as the "Mertens."

6. Defendant Elisa Claire Deane Patrick also known as Claire Deane ("Claire"), is

and at all times herein mentioned was, a resident of Malin County, California. Plaintiff is

informed and believes and thereon alleges that Claire is the attorney in fact for Defendants

Abraham Mertens and as Trustee of the Abraham Mertens and Ivory Madison Living Trust dated

January 16, 2020, and Ivory Madison, as Trustee of the Abraham Mertens and Ivory Madison
Living Trust dated January 16, 2020.

7. Defendant Valley of the Moon Cottages , LLC, ("VMC") is a California Limited
Liability Company qualified to conduct business in the State of California. Plaintiff is informed

and believes and thereon alleges that Defendant VMC was formed in or about September 2020.

COMPLAINT -2-
Plaintiff is informed and believes and thereon alleges that Defendants Abraham Mertens and

Ivory Madison are the sole members and managers of VMC.

8. The true names and capacities of DOES 1-100, inclusive, whether individual,

corporate, associate, or otherwise, are unknown to Plaintiff who therefore sues such Defendants

by fictitious names pursuant to California Code of Civil Procedure section 474. Plaintiff is

informed and believes, and upon information alleges, that at all times relevant, each of the

fictitiously-named Defendants was an employee, agent or co-conspirator of one of the named

Defendants, and was acting within the scope of said agency or employment. Plaintiff is further

informed and believes, and upon such information and belief thereon alleges, that each of the

fictitiously named Defendants aided and abetted the named Defendants in committing the

wrongful actions alleged herein, and that Plaintiffs damages, as alleged herein, were

proximately caused by such Defendants. Plaintiff is informed and believes that the DOE

Defendants are California residents. Plaintiff will amend this Complaint to show the true names

and capacities when they have been determined.

9. Plaintiff is informed and believes and thereon that at all times herein mentioned

each of the Defendants was an agent and employee of the remaining Defendants and, in doing

the acts herein alleged, was acting within the course and scope such agency and employment.

Based upon such information and belief, Plaintiff alleges that Defendants, and each of them

conspired and agreed among themselves to do the acts complained of herein and were, in doing

such acts, acting in the course and scope of such conspiracy.

///

///
///

///

COMPLAINT -3-
FIRST CAUSE OF ACTION

FOR FRAUDULENT TRANSFER

AGAINST DEFENDANTS ABRAHAM MERTENS, INDIVIDUALLY AND AS

TRUSTEE OF THE ABRAHAM MERTENS AND IVORY MADISON

REVOCABLE LIVING TRUST DATED JANUARY 16, 2020, IVORY MADISON,

INDIVIDUALLY AND AS TRUSTEE OF THE ABRAHAM MERTENS AND

IVORY MADISON REVOCABLE LIVING TRUST DATED JANUARY 16, 2020,

VALLEY OF THE MOON COTTAGES, LLC, AND DOES 1 THROUGH 100,

INCLUSIVE

(California Civil Code § 3439.04(a)(1)

10. Plaintiff realleges and incorporates by reference paragraphs 1 through 9 of the

Complaint as though set forth in full herein.

11. Between 2017 and 2020, Mr. Ross lent Defendants Mertens the sum of at least

$600,000.00 in the form of six different loans. Attached hereto as Exhibits "1" through "6" and

incorporated herein by reference are true and correct copies of the checks memorializing the six

loans.

12. Defendants Mertens refused and failed to provide any loan documentation,

collateral or interest on the six loans that Mr. Ross made to them.

13. On June 14, 2021, Plaintiff demanded repayment of the $600,000.00 loans that

Mr. Ross made to Defendants Mertens. Attached hereto and incorporated by reference as Exhibit

"7" is a true and correct copy of the Demand Letter.

14. On or about June 24, 2021, Defendants Mertens refused to pay back the $600,000
in loans falsely claiming that Mr. Ross had made them a gift of $600,000. Attached hereto as
Exhibit "8" and incorporated herein by reference is a true and correct copy of that letter.

15. On July 8, 2021, Plaintiff, as Successor Trustee of the Raymond W. Ross Trust,

sued Defendants Mertens for Financial Elder Abuse and Aiding and Abetting in the Commission

COMPLAINT -4-
of Financial Elder Abuse against Mr. Ross to recover payment for the $600,000.00 in loans that

Mr. Ross made to them. Attached hereto as Exhibit "9" is a true and correct copy of the Elder

Abuse Complaint.

16. On September 30, 2021, Defendants Mertens were served with the Elder Abuse

Lawsuit. Attached hereto as Exhibit "10" are true and correct copies of the proofs of service.

17. On September 1, 2021, Plaintiff, as Successor Trustee of the Raymond W.

Ross Trust sued Defendants Mertens in a Probate Petition Pursuant to Probate Code §§850, 859

in connection with the return of the $600,000 to Mr. Ross' Trust and for Double Damages.

Attached hereto as Exhibit "11" is a true and correct copy of this Petition.

18. On September 30, 2021 Defendants Mertens were served with the Probate

Petition. Attached hereto as Exhibit "12" is a true and correct copy of the proofs of service.

19. On October 29, 2021, Defendants Mertens, by and through their attorney in fact,

"Claire Deane" executed and recorded a Grant Deed, Instrument Number 2021118980

transferring title to Four Parcels of real property commonly known at 149 & 157 Pine Avenue

and 140 & 158 Northside Avenue, Sonoma California 95476 (collectively the "Four Parcels") to

Defendant Valley of the Moon Cottages, LLC, without consideration. Attached hereto was

Exhibit "13" is a true and correct copy of the Grant Deed.

20. At or about that same time on October 29, 2021, Defendant Valley of the Moon

Cottages, LLC obtained a loan in the amount of $2,775,000.00 collateralized by a Deed of Trust

stripping the Four Parcels of equity. Attached hereto as Exhibit "14" is a true and correct copy

of Deed of Trust obtained by Defendant Valley of the Moon Cottages, LLC.

21. Plaintiff is informed and believes and thereon alleges that Defendants Mertens

thereafter utilized the equity obtained from the October 29, 2021 loan on the Four Parcels to
their own advantage.

22. The legal description of the four parcels at issue is as follows:

Real property in the unincorporated area of County of Sonoma, State of California,

described as follows:

COMPLAINT -5-
LOTS 156, 157, 158, 159, 175, 176, 177 AND 178 AS NUMBERED AND

DESIGNATED UPON THE MAP ENTITLED "MAP OF BOYES SPRINGS HOTEL

GROUNDS, SONOMA COUNTY, CALIFORNIA" FILED IN THE OFFICE OF THE

COUNTY RECORDER OF OF SONOMA COUNTY ON JUNE 6, 1916 AND RECORDED IN

BOOK 33 OF MAPS, PAGES 19 AND 20, SONOMA COUNTY RECORDS.

EXCEPTING FROM SAID LOT 178, THAT PORTION DESCRIBED IN A DEED

FROM S.E. MANNING AND REGINA D. MANNING TO HARRIET C. REID, DATED

JANUARY 30, 1932 AND RECORDED FEBRUARY 16, 1932 IN LIBER 313 OF OFFICIAL

RECORDS, PAGE 232, SONOMA COUNTY RECORDS.

23. The assessors parcel numbers for the Four Parcels are: 056-371-002-000, 056-

371-003-000, 056-371-007-000 and 056-371-008-000.

24. That Plaintiff, on behalf of Mr. Ross, has a right to payment from Defendants

Mertens for $600,000.00.

25. That Defendants Mertens and Claire transferred the Four Parcels to Defendant

VMC.

26. That Defendants Mertens and Claire transferred the 4 Parcels with the intent to

hinder, delay or defraud on or more of their creditors.

27. That Mr. Ross, by and through Plaintiff, his conservator, was harmed.

28. That Defendants Mertens and Claire's conduct was a substantial factor in causing

Mr. Ross, by and through Plaintiff, his conservator, harm.

29. The transfer of the Four Parcels was fraudulent as to Plaintiff under California

Civil Code section 3439.04(a)(1).

30. Plaintiff is informed and believes that in receiving the Four Parcels, Valley of
the Moon Cottages, LLC was aware of, agreed to assist, and knowingly assisted Defendants

Mertens and Claire, in the scheme to hinder, delay or defraud Plaintiff as creditors. In so acting,
VMC further was attempting to enrich itself at Plaintiffs expense. Indeed, VMC sought to make

obtain a loan on the Four Parcels stripping the equity therefrom.

COMPLAINT -6-
31. Defendant VMC not only was aware of Defendants Mertens and Claire's

intention to hinder, delay and defraud Plaintiff, but willingly conspired with and aided and

abetted Defendants Mertens and Claire therein.

32. Defendants Mertens, Claire and VMC acted with fraud, oppression and malice as

to Plaintiff.

33. When Defendants Mertens and Claire transferred the Four Parcels to VMC, they

defeated Plaintiffs ability to recover against the Four Parcels, and delegated Plaintiff only to the

ability to obtain a charging interest against VMC's distributions to Defendants, if any.

34. Plaintiff has been damaged thereby in being unable to recover on the debt from

Defendant Mertens and having to incur costs and expense in seeking relief in this action.

SECOND CAUSE OF ACTION

FOR FRAUDULENT TRANSFER

AGAINST DEFENDANTS ABRAHAM MERTENS, INDIVIDUALLY AND AS

TRUSTEE OF THE ABRAHAM MERTENS AND IVORY MADISON

REVOCABLE LIVING TRUST DATED JANUARY 16, 2020, IVORY MADISON,

INDIVIDUALLY AND AS TRUSTEE OF THE ABRAHAM MERTENS AND

IVORY MADISON REVOCABLE LIVING TRUST DATED JANUARY 16, 2020,

VALLEY OF THE MOON COTTAGES, LLC, AND DOES 1 THROUGH 100,

INCLUSIVE

(California Civil Code § 3439.04(a)(2)

35. Plaintiff realleges and incorporates herein by reference paragraphs 1 through 34

of the Complaint as though set forth in full herein.

36. Plaintiff has a right to payment from Defendant Mertens for the amount of
$600,000.00.

37. That on October 29, 2021, Defendants Mertens and Claire transferred the Four

Parcels to Defendant VMC and incurred a lien on the Four Parcels in the amount of

$2,775,000.00.

COMPLAINT -7-
38. Defendants Mertens and Claire did not receive a reasonably equivalent value in

exchange for the transfer.

39. Defendants Mertens and Claire believed or reasonably should have believed that

they would incur debts beyond their ability to pay them as they became due.

40. That Mr. Ross, by and through Plaintiff, his conservator, was harmed.

41. That Defendants Mertens and Claire's conduct was a substantial factor in causing

Mr. Ross, by and through Plaintiff, his conservator, harm.

42. The transfer of the Four Parcels was fraudulent as to Plaintiff under California

Civil Code section 3439.04(a)(2).

43. Defendant VMC not only was aware of Defendants Mertens and Claire's

intention to hinder, delay and defraud Plaintiff, but willingly conspired with and aided and

abetted Defendants Mertens and Claire therein.

44. When Defendants Mertens and Claire transferred the Four Parcels to VMC, they

defeated Plaintiff's ability to recover against the Four Parcels, and delegated Plaintiff only to the

ability to obtain a charging interest against VMC's distributions to Defendants, if any.

45. Plaintiff has been damaged thereby in being unable to recover on the debt from

Defendant Mertens and having to incur costs and expense in seeking relief in this action.

///

II-

III
III

III

COMPLAINT -8-
THIRD CAUSE OF ACTION

FOR FRAUDULENT TRANSFER

AGAINST DEFENDANTS ABRAHAM MERTENS, INDIVIDUALLY AND AS

TRUSTEE OF THE ABRAHAM MERTENS AND IVORY MADISON

REVOCABLE LIVING TRUST DATED JANUARY 16, 2020, IVORY MADISON,

INDIVIDUALLY AND AS TRUSTEE OF THE ABRAHAM MERTENS AND

IVORY MADISON REVOCABLE LIVING TRUST DATED JANUARY 16, 2020,

VALLEY OF THE MOON COTTAGES, LLC, AND DOES 1 THROUGH 100,

INCLUSIVE

(California Civil Code § 3439.05)

46 Plaintiff realleges and incorporates herein by reference paragraphs 1 through 45

of the Complaint as though set forth in full herein.

47. Plaintiff had a right to payment from Defendants Mertens for $600,000.00.

48. Defendants Mertens and Claire did not receive a reasonably equivalent value in

exchange for the transfer of the Four Parcels to Defendant VMC.

49. Plaintiffs right to payment from Defendants Mertens arose before Defendants

Mertens and Claire transferred the Four Parcels.

50. Defendants Mertens were insolvent at the time or became insolvent as a result of

the transfer of the Four Parcels to Defendant VMC and obtaining a loan in the Four Parcels in

the amount of $2,775,000.00.

51. Plaintiff was harmed by Defendants Mertens and Claire's transfer of the Four

Parcels to Defendant VMC and VMC's obtaining a loan in the Four Parcels in the amount of

$2,775,000.00.
52. Defendants' conduct was a substantial factor in causing Plaintiff harm.

///

///
///

COMPLAINT -9-
PRAYER FOR RELIEF

Wherefore, Plaintiff prays as follows:

1. That the transfer of 149 & 157 Pine Avenue and 140 & 158 Northside Avenue,

Sonoma California 95476 in the name of Valley of the Moon Cottages, LLC be deemed void and

set aside, and to have 149 & 157 Pine Avenue and 140 & 158 Northside Avenue, Sonoma

California 95476 returned to the Abraham Mertens as Trustee of the Abraham Mertens and Ivory

Madison Living Trust dated January 16, 2020 , and Ivory Madison, as Trustee of the Abraham

Mertens and Ivory Madison Living Trust dated January 16, 2020;

2. For an order determining and declaring that 149 & 157 Pine Avenue and 140 &

158 Northside Avenue, Sonoma California 95476 are in fact, that of defendants Abraham

Mertens as Trustee of the Abraham Mertens and Ivory Madison Living Trust dated January 16,

2020 , and Ivory Madison, as Trustee of the Abraham Mertens and Ivory Madison Living Trust

dated January 16, 2020 and that Defendant Valley of the Moon Cottages, LLC be ordered to

execute a Grant Deed transferring 149 & 157 Pine Avenue and 140 & 158 Northside Avenue,

Sonoma California 95476 to Abraham Mertens as Trustee of the Abraham Mertens and Ivory

Madison Living Trust dated January 16, 2020, and Ivory Madison, as Trustee of the Abraham

Mertens and Ivory Madison Living Trust dated January 16, 2020

3. That upon any failure to so convey the subject real properties within ten days after

proper service of the Judgment/Order upon the title holder, the Clerk of the Court is authorized

to execute such Grant Deed.

4. That 149 & 157 Pine Avenue and 140 & 158 Northside Avenue, Sonoma

California 95476 in the hands of defendants, and each of them, be attached in accordance with

the provisions of Sections 481.010 through 493.060 of the Code of Civil Procedure and/or other
applicable law.

5. That the judgment herein be declared a lien on the subject real properties.

6. That defendants, and each of them, be required to account to plaintiff for all

profits and proceeds earned from or taken in exchange for 149 & 157 Pine Avenue and 140 &

COMPLAINT -10-
158 Northside Avenue, Sonoma California 95476.

7. For compensatory, general and punitive damages against each defendant in a sum

according to proof.

8. For Attorney's Fees in a sum according to proof.

9. For interest on all sums due at the maximum legal rate allowed by law.

10. For costs of suit herein incurred.

11. For such other and further relief as the court may deem just and proper.

12. For the Appointment of a Receiver to take charge of Defendant Valley of Moon

Cottages, LLC and to execute deeds conveying 149 & 157 Pine Avenue and 140 & 158

Northside Avenue, Sonoma California 95476 to the Receiver to aid in th,,erdorcement of

plaintiffs judgment. ,v

DATED: November 15, 2021 VALERIE F. HO Sz7--A-SSOCS
A PROFESSIO î LAW CORPORATION

By:
VALERIE 1IORN
Attorneys for Plaintiff Richard Head, as
< Conservator of the Person and Estate of
Raymond W. Ross Living Trust

COMPLAINT -11-
EXHIBIT "1"
6111/2021
Scannable Document on May 28,2021 at 1_25 0SPIsitong

Amount; $100,000.00 Sequence Number: 4292209896
Account; 261569285 Capture Date; 08/13/2021
Bank Number; 12100035 Check Number: 173

Bank of America

JONATNANSMANNON&RAYSIONDROSS 173
TROST,Uxosmas 11,351210CA
J J &HANNON & RAYMOND ROES, TRUSTEE
WM VERLAINE CT 4/iz. 11 xc"
LAS VEGAS NV 111014S4IOS Dew

Av 4 .41V7 Afi.72 TPrti IS /00, ciecA-
Aijke order
I (*le- (JNic:4,...vin °Mat* A-MD °Vero Dew. el KT.
BankofAntericaiP'
abearr121a0eigat i.0.42,ki
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Mono A131: . .g:24A 727 w
21000 35111: 00132L15GA 2E1500 L? a

Electronic Endorsements:,
Sndrn Type TRN PC Bank Name
Date sequence Bank *
Rtn Loc/ROFD Y CITIBANK, N.A.
0013 / 2017 000008000178604 21000089
Pay Bank N BANK OF AMERICA, NA
06/13/2017 004202209696 111022822

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EXHIBIT "2"
Print Images Page 1 of 2

Flt in
_Al_g Sequence # Paid Date Amount Account Serial Capture Source
12210527 8716463521 06272017 $100000.00 7935235262 1896 00008025

M ATHAti
.RAYMOND W ROSS
9700 VERLAINE CT
ammo,. 189j1
91.427/1221 2044
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-LAS VEGAS. NV: 09145 4
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EXHIBIT "3"
JONATHAN J SHANNON
RAYMOND W ROSS
1 91 ;III
9700 VERLAINE CT ' 01.027,122, 2044
7935235262
LAS-VEGAS. NV S914S
// / /1

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EXHIBIT "4"
Amount: $50,000.00 Sequence Number: 5592207750
Account: 261569285. Capture Date: 11/12/2019
Bank Number: 12100035 Check Number: 215
. LaflKOýAIfleríca
lea • • l• • • do •

JONATHAN SHANNON & RAYMOND ROSS
.
215
TRUST, UM 8/02/83 1145/1210CA
J J SHANNON & RAYMOND ROSS, TRUSTEE
9700 VERLAINE CT , 1415VA/19 Dale
30087

LAS VEGAS NV 891454095
pav
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APIRIT121004244

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Electronic Endorsements:
Date Sequence Bank # Endrs Type TRN RRC Bank Name
11/12/2019 005592207750 111012822 Pay Bank N BANK OF AMERICA, NA
11/12/2019 008301001236 21000089 Rtn Loc/BOFD Y CITIBANK, N.A.
EXHIBIT "5"
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SAN FRANCISCA4:CA. $117
V410) 06041.tia
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Aninst
l 18, 2026

Mr. Raymond leffteritoss
. Email: jshaztjrasšeeoicom
Re: Loan for Sonoma Property

Dear Jeffrey
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anlinn* Of MAPS° upon completion of the funditt of our
/
purchase
-— of the property at
•140 Nortliside ,Airei Sonoma, CA 95476. -
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Thank you again for youihelp.Yoir fri hip meanrsom to us and we can't fully
Aexpresshowenc4 weappreciate eierythingru and time done for us.
--i,

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EXHIBIT "6"
RAYMONDW ROSS 2026
woovEREANgEor
LAS 'VEGAS; NV egus 9T-52711021, 2044

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EXHIBIT "7"
VALERIE E HORN &T ASSOCIATES
A PROFESSIONAL LAW CORPORATION

June 14, 2021

Abraham Mertens, Esq.
1390 Market Street, Suite 800
San Francisco, CA 94102

Abraham Mertens, Esq.
727 Webster Street
San Francisco, CA 94117

Ivory Madison
727 Webster Street
San Francisco, California 94117

RE: Raymond W. Ross - Demand for Repayment of Loans

Dear Mr. and Mrs. Mertens:

Please be advised that we have been retained by Dr. Richard Head, Successor Trustee of
the Raymond Ross Living Trust, to recover all sums that Mr. Ross loaned to you. In addition, we
require all documentation in your possession, custody and control memorializing the loans that
Mr. Ross made to you. We further request that you provide to this office, all purported
testamentary instruments that you caused Mr. Ross to execute. We understand that Mr. Ross
loaned you in excess of $250,000.00, without collateral, and if that sum plus interest at the legal
rate of 10% is not repaid within 10 days of this letter, we intend to institute litigation against you
alleging financial elder abuse, seeking double damages, punitive damages, and the recovery of all
attorneys' fees and costs as afforded under the California Welfare and Institutions Code. The
exact amount that you owe Mr. Ross, with interest at the legal rate, is $ $299,151.09.

By way of background, we understand that on or about June 12, 2017, Mr. Ross loaned
Abraham Mertens the sum of $100,000.00, without collateral, in connection with your
acquisition of the duplex located at 725-727 Webster Street, San Francisco, California 94117 (the
"Webster Property"). Attached hereto as Exhibit "1" is a true and correct copy of check number
173 from the Jonathan Shannon & Raymond Ross Trust in the amount of $100,000.00 payable to
Abraham Mertens evidencing that loan. On or about March 16, 2020, you transferred title to the
Webster Property from "Abraham Mertens and Ivory Madison, husband and wife as joint tenants
with right of survivorship" to "Abraham Mertens and Ivory Madison, as Trustees of the Abraham
Mertens and Ivory Madison Revocable Living Trust dated January 16, 2020."

1901 AVENUE OF THE STARS, SUITE 1905, LOS ANGELES, CALIFORNIA 90067 • PHONE: (310) 888-8494 FAX: (310) 888-8499 EMAIL: vffiom@aol.com
Abraham Mertens, Esq.
Ivory Madison
June 14, 2021
Page 2

We further understand that in 2020, Mr. Ross loaned you the sum of $150,000.00. The
first loan in 2020 was in connection with your acquisition of the real property located at 140
Northside Avenue, Sonoma, California 95476. Specifically, on or about August 18, 2020, Mr.
Ross loaned Abraham Mertens the sum of $50,000.00 to be repaid "upon the completion of the
funding of our purchase of the property at 140 Northside Avenue, Sonoma, California 95476"
(the "Northside Property"). Attached hereto as Exhibit "2" is a true and correct copy of the letter
signed by Abraham Mertens memorializing said loan. You consummated the acquisition of the
Northside Property on August 27,2020, however, you failed to repay the $50,000 loan to Mr.
Ross. With respect to the Northside Property, we understand that you acquired this triplex for the
purchase price of $2,700,000.00 collateralized by two deeds of trust in the amount of
$2,247,500.00 and $302,600.00 respectively. You took title to the Northside Property in the
"Abraham Mertens and Ivory Madison, as Trustees of the Abraham Mertens and Ivory Madison
Revocable Living Trust dated January 16, 2020."

Furthermore, we understand that on December 7, 2020, Mr. Ross loaned you another
$100,000.00, without collateral, by check number 2026 in the name of "Raymond W. Ross,"
payable to "Abraham Mertens." Attached hereto as Exhibit "3" is a true and correct copy of that
check. We are unsure which property you obtained this loan for, whether it was for 149 Pine
Avenue, Sonoma, CA 95476, 157 Pine Avenue, Sonoma, California 95476, 640 Mission
Avenue, San Rafael, California 94901, or 645 44th Avenue, San Francisco, California 94121. All
of the aforementioned real properties are in the name of "Abraham Mertens and Ivory Madison,
as Trustees of the Abraham Mertens and Ivory Madison Revocable Living Trust dated January
16, 2020." Despite our present inability to identify which property you acquired the $100,000
loan for in December 2020, Mr. Ross made said loan to you in the amount of $100,000.00 and
we hereby demand immediate repayment of that loan.

We understand that the three loans at issue for $250,000.00 bore no interest. Accordingly,
we impute the legal interest rate of 10% for these three loans. Accordingly, on the first loan for
$100,000.00 conferred to you on June 12, 2017, the repayment sum at 10% interest is
$140,000.00. On the second loan conferred to you in the amount of $50,000.00 on August 18,
2020, the repayment sum at 10% interest is $54,082.60. With respect to the December 7, 2020
loan in the amount of $100,000.00, the repayment sum at 10% interest is $105,068.49.
Accordingly, we hereby demand repayment in the sum of $299,151.09, within 10 days of receipt
of this letter. We further understand that Mr. Ross made additional uncollateralized loans to you
and we are currently in the process of investigating these issues and reserve all rights to pursue
further claims against you for this yet to be determined additional indebtedness.

Financial elder abuse occurs when a person or entity: "[flakes, secretes, appropriates,
obtains, or retains real or personal property of an elder. . . for a wrongful use or with intent to
defraud, or both." Cal. Well: & Inst. Code § 15610.30(a)(1). The "wrongful use" element is

VALERIE E HORN ASSOCIATES A PROFESSIONAL LAW CORPORATION
Abraham Mertens, Esq.
Ivory Madison
June 14, 2021
Page 3

satisfied "if, among other things, the person or entity takes, secretes, appropriates, obtains, or
retains the property and the person or entity knew or should have known that this conduct is
likely to be harmful to the elder or dependent adult." Id. §15610.30(b). A person or entity
"Makes, secretes, appropriates, obtains, or retains real or personal property" when an elder or
dependent adult is "deprived of any property right, including by means of an agreement, donative
transfer, or testamentary bequest, regardless of whether the property is held directly or by a
representative of an elder or dependent adult." Id. § 15610.30©.

A party engages in financial elder abuse by withholding or misappropriating funds to
which an elder is entitled under a contract. (Paslay v. State Farm Gen. Ins. Co., 248 Cal.App.4th
at 658-659; see also Bounds v. Superior Court (2014) 229 Cal. App. 4th 468; see also Toscano v.
Ameriquest Mortg. Co., No. 07-0957, 2007 U.S. Dist. LEXIS 81884 (E.D. Cal. Oct. 24, 2007)
(holding that an elder abuse claim based on defendant's misrepresentations about the terms of
plaintiffs loans is "financial in nature"); see also Zimmer v. Nawabi (2008) 566 F. Supp. 2d
1025.

Here, you improperly persuaded Mr. Ross to borrow the funds through the exercise of
undue influence in light of your "friendship" with him, and the loans contained unfair or
disadvantageous terms such as no repayment schedule, no due date, no recital that the loan was
repayable on demand, no interest rate, and no collateral. Furthermore, it appears that you are in
breach of the repayment of the $50,000.00 loan, which states that it was to be "re[paid] . . . upon
the completion of the funding of our purchase of the property at 140 Northside Avenue, Sonoma,
CA 95476." The "completion of the funding on your purchase" on the Northside Property was on
August 27, 2020. However, you did not repay said loan.

We contend that you had no intention of repaying any of these loans, and that you
procured these funds from Mr. Ross through the exercise of undue influence, with the intent to
deprive him of those funds, and/or defraud him. At this juncture, we demand repayment of the
sum of $299,151.09 within 10 days of your receipt of this letter in exchange for a release of all of
Mr. Ross' claims against you relating solely to these three loans. If payment is not forthcoming as
set forth herein, along with all accompanying loan documentation for all loans that Mr. Ross
made to you, we shall immediately institute litigation against you individually and as trustees of
your trust, and pursue all causes of action and remedies against you, including but not limited to,
compensatory damages, double damages, punitive damages, and attorneys' fees and costs.

VALERIE E HORN (ST ASSOCIATES A PROFESSIONAL LAW CORPORATION
Abraham Mertens, Esq.
Ivory Madison
June 14, 2021
Page 4

We look forward to your timely response. Thank you in advance for your cooperation.

Very truly yours

VALERIE ORN- ASSOCIATE
A PROF ,ONAL W CORPORATION

lerie F. Horni -

cc: Amy Harrington, Esq.
Dr. Richard Head

VALERIE F. HORN ASSOCIATES A PROFESSIONAL LAW CORPORATION
EXHIBIT "1"
6/11/2021 Scannable Document on May 28, 2021 at 1_25_08 PM.png

Amount: $100,000.00 Sequence Number: 4292209896
Account: 261569285 Capture Date: 06/13/2017
Bank Number: 12100035 Check Number: 1'73

JONATHAN SHANNON A RAYMOND ROSS *1/ „. 173
TRUST, WO $102/83 4s....
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J J SHANNON & RAYMOND ROSS, TRUSTEE / //, zii-7 310017
9700 VERLAINE CT 4 .,
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Electronic Endorsements:
Date Sequence Bank # Endrs Type TEN EEC Bank Name

06/13/2017 000008000178804 21000089 Rtn Loc/BOFD Y CITIBANK, N.A.

06/13/2017 004292209896 111012622 Pay Bank N BANK OF AMERICA, NA

https://mail.google.com/mail/u/0/?tab=wm#inbox?tomPose=ne

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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