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PAUL B. GRUWELL (SBN 252474
RICHARD T. FRANCESCHINI (136007) DEPARTMENT: 204
RAGGHIANTI FREITAS LLP Hearing: 04/08/2024 9:00 am|
1101 Fifth Avenue, Suite 100
San Rafael, California 94901 ELECTRONICALLY
Telephone: (415) 453-9433 FILED
Facsimile: (415) 453-8269 Superior Court of California,
County of San Francisco
Email: pgruwell@rflawllp.com
Email: rfran@rflawllp.com 01/19/2024
Clerk of the Court
Attorneys for CARON SCHMIERER, BY: MICHAEL RAYRAY
Deputy Clerk
as Administrator with Will Annexed of the
Estate of Raymond W. Ross
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
1 CASE NO.: PES-23-306743
In the Estate of:
12
RAYMOND W. ROSS, CARON SCHMIERER’S PETITION FOR
13 INSTRUCTIONS TO DISMISS PORTIONS
Decedent. OF PENDING, ESTATE-RELATED
14 LITIGATION
15 [Prob. Code, §§ 9611(a), 9830, and 9837]
16
DATE:
17 TIME:
DEPT.: Probate, Dept. 204
18
19
20
Caron Schmierer (“Schmierer”), as Administrator with Will Annexed of the Estate
21
of Raymond W. Ross (“Ross Estate”) hereby submits her Petition for Instructions To
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Dismiss Portions of Pending, Estate-Related Litigation (“Petition”), and in support of her
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Petition, she respectfully would show the Court as follows:
24
INTRODUCTION
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1 Raymond W. Ross (“Ross”) was a unique and well-liked man who passed
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away without any children on October 3, 2023, at the age of 86. Ross experienced
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success in his work and real estate investment business (owning, at times, properties in
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CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
1
London, San Francisco, Las Vegas and Hawaii), and Ross’ net worth was estimated at
between $9M-$10M in his later years.
2. Approximately twenty years prior to his passing, in the early to mid 2000s,
Ivory Madison (“Madison”) and Abraham Mertens (“Mertens”) developed a close
friendship with Ross and his husband, Jonathan Shannon (“Shannon”), who was a
renowned fashion designer and artist. For several years they lived near each other in
San Francisco, they spent time together, and notably, Ross officiated the marriage of
Madison and Mertens in September 2008. Some years later, in January 2016, Shannon
passed away, leaving Ross devastated.
10 3. In approximately 2016 events concerning the control and handling of Ross’
"1 affairs led to massive litigation that took on a life of its own. In or around 2016, Dr.
12 Richard Head (“Head”) increasingly became involved with and took over Ross’ affairs. In
13 October 2016, Ross revised his estate plans, which included designating Head as
14 successor trustee of Raymond W. Ross Living Trust (“Ross Trust”) and as a substantial
15 beneficiary.
16 4 In 2020-2021, Head was involved with or directed the sale of two real
17 properties from the Ross Trust that were planned to be left to Ross’ friends, Noreen Lane
18 and Julie Silber; instead, the sale proceeds of $3.5M+ flowed into the trust residue, of
19 which Head was the designated beneficiary at that time. When Ross’ friends expressed
20 concerns about Head's conduct, and isolation of Ross from several of his friends, Head
21 threatened and pursued litigation.
22 5. During the years 2017 through 2020, Ross made several loans or gifts to
23 Mertens and Madison, totaling $450,000, to assist them with real estate investments. In
24 January 2021, Head assisted Ross in working with an estate planner to prepare a First
25 Amendment to the Ross Trust, which was executed and includes a specific gift to
26 Abraham Mertens for $500,000 (which to date no party has indicated an intent to
27 challenge this bequest to Mertens).
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CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
2
6. In April 2021, Ross again amended his estate plans, removing Head as
trustee, removing Head as the residual beneficiary, and reducing Head’s beneficial
interest to $500,000.
7 Starting in July 2021, Head filed multiple lawsuits in Marin County and
Sonoma County, first in his capacity as trustee of the Ross Trust, and later in his role as
conservator over the estate and person of Ross, after he was appointed as such on
September 26, 2021.
8. The barrage of litigation filed by Head over two years culminated in Marin
Superior Court issuing a sua sponte order on July 10, 2023, suspending Head as Trustee
10 of the Ross Trust (RJN No. 1), as well as sua sponte orders on July 11 and 14, 2023,
11 suspending Head as Conservator of the Estate and Person of Ross (RJN Nos. 2 & 3).
12 Later, the Court made an express finding that Head as conservator had filed a demurrer
13 and supporting reply brief in bad faith against Mertens, warranting sanctions. (RUN No.
14 4)
15 9 Head's litigation counsel (Valerie Horn) has requested that Marin Superior
16 Court approve $754,956.38 that she already was paid by Head, as trustee of the Ross
17 Trust, as a “third-party payor” for her multi-front, scorched-earth litigation strategy
18 conducted for Head as Conservator of Ross’ Estate and Person. (RJN No. 5.)
19 10. Consistent with many of the observations of Judge Kelly Simmons and
20 Judge Andrew Sweet in their sua sponte suspension orders (see RJN Nos. 1,2 &3 ),
21 Schmierer believes that much of the pending, estate-related litigation was and is
22 unnecessary, excessive, not in the best interest of the Estate of Raymond W. Ross or its
23 beneficiaries, and/or otherwise not prudent from a cost/benefit perspective to pursue
24 going forward.
25 11. To avoid unnecessary expenditures going forward and reduce financial
26 harm, including reducing exposure to potential sanctions against the estate, Schmierer
27 now petitions this Court for instructions to dismiss portions of the pending, estate-related
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CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
3
litigation, as detailed further below.
12. Importantly, Schmierer does not request instructions to dismiss all pending
litigation. To the contrary, if the Court grants the relief requested herein, the Estate of
Raymond Ross still would have a pending lawsuit against Mertens and Madison to
address the outstanding issue of whether the $450,000 transferred to them from Ross
should be considered a loan or gift. (See RJN No. 6 [Petition Under Prob. Code §§ 850
& 859; Marin Superior Court Case No. PRO 2102980].)
ADDITIONAL BACKGROUND FACTS
13. So that the Court may fully consider the relief requested herein, Schmierer
10 is providing herewith in her accompanying Request for Judicial Notice copies of the
1 operative complaints and petitions, as well as other documents that corroborate the
12 reasonableness of and benefits to the estate in dismissing portions of the pending
13 litigation.
14 14. As mentioned above, the instant Petition does not seek authorization to
15 dismiss the pending claims against Mertens and Madison alleged in Amended Petition:
16 (1) To Compel Return of Property to the Conservatorship Estate Pursuant to Probate
17 Code § 850; (2) For Double Damages Pursuant to Probate Code § 859; and (3) For
18 Imposition of a Constructive Trust, filed on November 12, 2021, in the proceeding entitled
19 In Re: The Conservatorship Over the Person and Estate of Raymond W. Ross (Marin
20 Superior Court Case No. PRO 2102980). (RJN No. 6.) Schmierer intends to address
21 such claims with Mertens and Madison, who have expressed through their counsel a
22 good-faith willingness to address the $450,000 loan vs. gift issue.
23 15. On December 17, 2023, counsel for defendants in the lawsuit entitled Head
24 v. Mertens, et al. (Marin County Superior Court Case No. CIV 2102573) sent a letter to
25 Schmierer’s counsel, demanding that Schmierer, as the recently-appointed Personal
26 Representative of the Estate of Raymond W. Ross, take immediate actions to dismiss
27 pending litigation against Abraham Mertens, Ivory Madison, Claire Patrick and Valley of
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CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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the Moon Cottages, LLC, withdraw the lis pendens that has been recorded on title to
defendants’ property, and take necessary steps to exonerate the bond/undertaking that
has been required from some of her clients in the pending litigation. (Declaration of Paul
Gruwell [‘Gruwell Dec.”], Exh. 2.) Failure to act promptly by Schmierer could result in
sanctions against the estate.
16. On December 28, 2023, counsel for defendants in the lawsuit entitled Head
v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has
been consolidated with Marin County Superior Court Case No. CIV 2102573), sent a
letter to Schmierer’s counsel, threatening a sanctions motion pursuant to Code of Civil
10 Procedure section 128.5, unless Schmierer acts immediately to dismiss portions of the
1 pending litigation against her clients. (Gruwell Dec., Exh. 3.)
12 17. On December 28, 2023, counsel for defendants in the lawsuit entitled Head
13 v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has
14 been consolidated with Marin County Superior Court Case No. CIV 2102573), served on
15 Schmierer’s counsel a Notice of Motion and Memorandum of Points and Authorities In
16 Support of Motion for Sanctions Under Code of Civil Procedure Section 128.5, triggering
17 the 21-day safe harbor timeline under the relevant sanctions statutes. The safe-harbor
18 period has now expired. (Gruwell Dec., Exh. 4.)
19 18. In the instant Petition, Schmierer seeks authorization to dismiss all claims
20 against all defendants in the Second Amended Complaint, filed on January 3, 2022 by
21 Head as Conservator over the Person and Estate of Raymond W. Ross, in the action
22 entitled Head v. Mertens, et al. (Marin Superior Court Case No. CIV 2102573). (RJN
23 No. 7.)
24 19. As part of dismissing Head’s Second Amended Complaint in Marin Superior
25 Court Case No. CIV 2102573, Schmierer also plans to take steps necessary to exonerate
26 the undertaking posted by Mertens and Madison in that proceeding. For context, Marin
27 Superior Court issued an Order Re: Writ of Attachment, entered on December 17, 2021,
28 in this case. (RJN No. 8.) Later, the Court issued an Order Re: Right to Attach Order
CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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and Writ of Attachment Proceedings, entered on January 31, 2022, in this proceeding.
(RJN_No. 9.) Mertens and Madison complied with the Court's Orders and posted the
following: Undertaking Under CCP Section 489.310, Re: Bond No. 3499975 (wherein
Abraham Mertens and Ivory Madison appear as Obligors, and Plaintiff [/.e., Dr. Richard
Head as conservator for Raymond W. Ross] appears as obligee, and Suretec Insurance
Company appears as Surety). (RJN_No. 10.) Schmierer view this undertaking as
unnecessary under the present circumstances, which include Mertens’ $500,000
beneficial interest under the Ross Trust (which, to date, no party has expressed an
intention of contesting this bequest), as well as other facts set forth herein.
10 20. Schmierer intends to dismiss the pending Complaint For Fraudulent
1 Transfers], filed on November 15, 2021 by Head as Conservator over the Person and
12 Estate of Raymond W. Ross, in the proceeding entitled Head v. Mertens, et al. (Sonoma
13 Superior Court Case No. SCV-269688). (RJN No. 11.) Given the pending Petition under
14 Probate Code Section 850 & 859 against Mertens and Madison, this civil lawsuit alleging
15 fraudulent conveyance claims (which do not appear well-pled) seems unnecessary to
16 protect the interests of the estate and should be dismissed in its entirety.
17 21. In connection with dismissing the fraudulent conveyance lawsuit (/.e., RIN
18 No. 11), Schmierer plans to withdraw or release the Notice of Pendency of Action (related
19 to the proceeding entitled Head v. Mertens, et al., Sonoma Superior Court Case No. SCV-
20 269688), recorded in Sonoma County on title for the real properties located at 149 & 157
21 Pine Avenue and 140 & 158 Northside Avenue, Sonoma, California. (RJN No. 12.)
22 22. On November 6, 2023, counsel for defendants in the lawsuit entitled Head
23 v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has
24 been consolidated with Marin County Superior Court Case No. CIV 2102573), sent a
25 meet and confer letter to counsel for the current conservator of the Estate of Raymond
26 W. Ross, demanding removal of the lis pendens that was recorded against defendants’
27 property by Dr. Richard Head in his former capacity as conservator of Estate and Person
28 of Raymond W. Ross. In her letter, defendants’ counsel threatened to file a motion to
CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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expunge the /is pendens with the intent to seek reimbursement of attorney’s fees, costs,
and all other remedies available to them, against the Estate of Raymond W. Ross:
(Gruwell Declaration, Exh. 1.)
23. Schmierer plans to dismiss without prejudice the claims asserted by Head
in his Petition to Confirm Richard Head as Successor Trust and Power of Attorney, filed
on November 23, 2021 by Dr. Richard Head as Conservator of Raymond W. Ross and
Successor Trustee of the Raymond W. Ross Living Trust in the proceeding entitled In
Re: The Raymond W. Ross Living Trust U/D/T March 27, 2006, Amended and Restated
October 5, 2016 (Marin Superior Court Case No. PR 2103985). (RJN No. 13.) Any
10 claims pertaining to the validity of estate planning documents can and should be asserted
11 by beneficiaries of the estate/trust, rather than the fiduciary that has a present duty to
12 defend the estate planning documents.
13 24 For additional context about Debra Dolch’s (“Dolch”) limited role in the
14 events giving rise to this litigation, and why dismissal of all claims against her is
15 appropriate, Schmierer submits the following document: Debra Dolch’s Response and
16 Objection to Petition to Confirm Richard Head as Successor Trustee and Power of
17 Attorney, filed on February 28, 2022 by Debra L. Dolch in the proceeding entitled /n Re.
18 The Raymond W. Ross Living Trust U/D/T March 27, 2006, Amended and Restated
19 October5, 2016 (Marin Superior Court Case No. PR 2103985). (RJN No. 14.) Dolch is
20 a licensed, professional fiduciary who is not a beneficiary of the Ross Trust. In light of
21 her sworn statements as to her limited, peripheral role, and no apparent evidence of bad
22 faith, it does not appear worthwhile for the estate to pursue any litigation against Ms.
23 Dolch for purportedly aiding and abetting financial elder abuse, or any other claim
24 25 As additional context and background for the dismissal of all claims against
25 Claire Patrick (“Patrick”), Schmierer submits the following declaration describing her
26 relatively limited role as an agent for Madison: Declaration of Claire Patrick, filed on June
27 9, 2023 in the consolidated proceeding entitled Head v. Mertens, et al. (Marin Superior
28 Court Case No. CIV 2102573 [LEAD].) (RJN_No. 15.) Under the totality of the
CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
7
circumstances, it does not appear to be in the best interest of the estate to pursue any
claims against Patrick.
26. On November 14, 2023, counsel for Schmierer, as interim trustee of the
Raymond W. Ross Living Trust Dated March 27, 2006, as Amended and Restated,
served notices to all beneficiaries of the trust and known heirs of Raymond W. Ross,
pursuant to Probate Code section 16061.7, regarding the passing of Ross and the trust's
irrevocability. (Gruwell Dec., Exh. 5.) And a similar, separate notice was sent that same
week to known heirs of Raymond W. Ross. (Gruwell Dec. 6.) As such, to the extent
the Petition seeks instructions to dismiss without prejudice claims concerning the validity
10 of Ross’ estate planning documents, the beneficiaries and/or heirs have a full and fair
11 opportunity to assert such claims, if they wish to do so. (See Declaration of Paul Gruwell,
12 6 and Exh. 5.)
13
PETITION FOR INSTRUCTIONS FOR PERSONAL REPRESENTATIVE
14
TO DISMISS PORTIONS OF PENDING, ESTATE-RELATED LITIGATION
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27. On January 8, 2024, this court issued an order appointing Schmierer as
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Administrator with Will Annexed for the Estate of Raymond W. Ross, with full authority
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under the Independent Administration of Estates Act, and Letters Testamentary issued
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on January 11, 2024. As such, Schmierer has authority to settle, compromise and/or
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release claims. (Prob. Code, § 9830.)
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28. Schmierer, as a personal representative, is authorized to petition the court
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for instructions authorizing a settlement, compromise, or release, as well as a dismissal
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of claims provided there is a demonstrated benefit to the estate. (See Prob. Code,
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§ 9837; see also Prob. Code, § 9611 [procedure for petition for instructions if no other
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procedure available].)
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29. Judge Andrew E. Sweet of Marin Superior Court views Head's litigation
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approach prior to his suspension (i.e., the pending litigation the Schmierer is now
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inheriting) as “counterproductive” to Ross’ best interest. Specifically, he commented in
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CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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his July 10, 2023 sua sponte order suspending Head as trustee of the Ross Trust as
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follows: “Scorched early litigation hardly describes the litigation , nasty, contention and
uninhibited nature of this litigation”; “with litigious ferocity, Dr. Head opposed any
attempts by others to provide Trust oversight, including those of the Guardian Ad Litem”;
“The litigation approach appears counterproductive to Mr. Ross’ best interest”). (RUN
No. 1.)
30. Judge Kelly Simmons of Marin Superior Court also viewed Head’s litigation
approach prior to his suspension as causing financial losses to Ross and not in his best
interest. Specifically, in her July 14, 2023 sua sponte Order suspending Head as
10 Conservator of Ross, she stated: “Mr. Ross and his estate have suffered and may
11 continue to suffer loss or injury”; “The litigation of this conservatorship has been extreme,
12 unnecessary, and unduly costly. Mr. Ross has suffered significant financial loss as a
13 result’; “There is some evidence to suggest that Dr. Head is not acting in the best interest}
14 of Mr. Ross.” (RUN No. 3.)
15 31. In light of the foregoing observations of two Superior Court Judges, the
16 present risk of sanctions against the estate, as well as Schmierer’s own independent
17 assessment of the underlying facts and circumstances, the relief and authorization
18 requested herein is reasonable and appropriate to avoid further wasteful expenditures by
19 the estate on pending litigation that is: (1) improper, (2) unnecessary, (3) not in the
20 estate’s best interest, and/or (4) unlikely to yield any result beyond the results that may
21 be obtained by Schmierer addressing the $450,000 loan vs. gift issue with Mertens and
22 Madison in the context of the Petition brought under Probate Code section 850 and 859
23 (Marin Superior Court Case No. PRO 2102980), which is not being dismissed in
24 connection with Schmierer’s instant Petition. Therefore, Schmierer now petitions this
25 Court for instructions to dismiss portions of the pending, estate-related litigation, as
26 detailed herein.
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CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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NOTICE
32. The names and addresses of all persons entitled to notice of this Petition
are as follows: see service list attached hereto as Exhibit 1.
33. Persons that have requested special notice of this proceeding, and are
being provided notice of this Petition, include the following:
Debra J. Dolch
c/o Robyn B. Christo, Esq.
Epstein Holtzapple Christo LLP
999 Fifth Ave., Ste 420
San Rafael, CA 94901
Abraham Mertens
10 c/o Lizabeth N. de Vries, Esq.
1
De Vries Law P.C.
1388 Sutter St., #715
12 San Francisco, CA 94109
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PRAYER FOR RELIEF
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WHEREFORE, Schmierer prays for an order of the court as follows:
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1 Notice of Caron Schmierer’s Petition for Instructions To Dismiss Portions of
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Pending, Estate-Related Litigation was provided as required by law.
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2. For the Court to instruct Schmierer to take all actions necessary to withdraw
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or release the lis pendens related to the proceeding entitled Head v. Mertens, et al.
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(Sonoma Superior Court Case No. SCV-269688), that was recorded by Dr. Richard
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Head, as conservator over the Estate and Person of Raymond W. Ross, in Sonoma
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County on title for the real properties located at 149 & 157 Pine Avenue and 140 & 158
22
Northside Avenue, Sonoma, California.
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3. For the Court to instruct Schmierer to take all actions necessary to
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exonerate the Undertaking Under CCP Section 489.310, Re: Bond No. 3499975 (wherein
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Abraham Mertens and Ivory Madison appear as Obligors, and Plaintiff [/.e., Dr. Richard
26
Head as conservator for Raymond W. Ross] appears as obligee, and Suretec Insurance
27
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CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
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Company appears as Surety), which was posted in the case entitled Head v. Mertens, et
al, (Marin Superior Court Case No. CIV 2102573).
4 For the Court to instruct Schmierer to dismiss with prejudice all claims
against all defendants in the lawsuit involving alleged fraudulent transfers entitled Head v,
Mertens, et al. (Sonoma Superior Court Case No. SCV-269688), which has been
consolidated with the case entitled Head v. Mertens, et al. (Marin Superior Court Case
No. CIV 2102573).
5. For the Court to instruct Schmierer to dismiss with prejudice all claims
against all defendants in the lawsuit Head v. Mertens, et al. (Marin Superior Court Case
10 No. CIV 2102573).
11 6 For the Court to instruct Schmierer to dismiss without prejudice all claims or
12 requests for relief in the Petition to Confirm Richard Head as Successor Trustee and
13 Power of Attorney, filed by Dr. Richard Head in his role as conservator over the Estate
14 and Person of Raymond W. Ross, in the proceeding entitled In Re; The Raymond W.
15 Ross Living Trust U/D/T March 27, 2006, Amended and Restated October 5, 2016 (Marin)
16 Superior Court Case No. PRO 2103985, which has been consolidated with CIV 2102573
17 [LEAD)).
18 7 For the Court to approve, confirm and ratify Caron Schmierer's acts and
19 transactions that are consistent with, and in furtherance of, the order(s) this Court issues
20 when granting Ms. Schmierer’s Petition for Instructions To Dismiss Portions of Pending,
21 Estate-Related Litigation.
22 8. For such other and further relief as the Court may deem just and proper.
Respectfully Submitted,
23
Dated: January _/ 7 2024 RAGGHIANTI F ITAS LLP
24 =
25
Paul B.'Gruwell, Attorneys for Caron
26
Schmierer, as Administrator with Will
27 Annexed of the Estate of Raymond W.
Ross
28
CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
ESTATE-RELATED LITIGATION
1
VERIFICATION
|, Caron Schmierer, as Administrator with Will Annexed of the Estate of Raymond
W. Ross, have read the foregoing PETITION FOR INSTRUCTIONS TO DISMISS
PORTIONS OF PENDING, ESTATE-RELATED LITIGATION 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, | believe them to be
true.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
10
Dated: January 19, 2024 TE ce
11 CARON SCHMIERER, as Administrator
with Will Annexed of the Estate of
12 Raymond W. Ross
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CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING
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EXHIBIT 1
SERVICE LIST
Adrian Sawyer, Esq. Joseph Morrill, Esq.
Sawyer & Labar LLP Morrill Law
1700 Montgomery St., Ste. 108 201 N. Civic Drive, Ste. 230
San Francisco, CA 94111-1022 Walnut Creek, CA 94596
Email: sawyer@sawyerlabar.com Tel: (925) 322-8615
guzman@sawyerlabar.com Fax: (925) 37-3151
marinkovich@sawyerlabar.com Email: joe@morrill.law
Attorneys for Dr. Richard Head, as Suspended Attorneys for Temporary Conservator
Conservator over the Person and Estate of Rebecca Guyette
Raymond W. Ross and as Suspended
Successor Trustee of the Raymond W. Ross Law Office of Steven F. Klamm
Trust 1670 Riviera Avenue, Suite 210
Walnut Creek, CA 94596
Lizabeth N. de Vries Tel: (925) 934-7300
DE VRIES LAW, P.C. Fax: (925) 934-7303
1388 Sutter Street, Suite 715 Email: steve@klammlaw.com
San Francisco, CA 94109 Attorneys for Guardian Ad Litem Alice
Main: (415) 909-4009 Fishler
Direct: (415) 909-4008
Email: liza@devrieslawsf.com Woodford G. Rowland, Esq.
Attorneys for Abraham Mertens, Ivory 55 Professional Center Parkway, Suite A
Madison San Rafael, CA 94903
Phone 415-472-3434
Robyn Christo, Esq. Email: woody@rowlandatty.com
Shelley Clark, Esq.
Epstein Holtzapple Christo LLP
999 Fifth Avenue, Ste. 420 Jamay Lee
San Rafael, CA 94901 The Law Office of Jamay Lee, APC
Email: robyn@ehe.law 303 Twin Dolphin Drive, 6 Floor
Email: michael@ehe.law Redwood City, CA 94065
Attorneys for Deborah Dolch jamay@jamaylee.com
Attorneys for John Glander, Courtenay Dill-
Glander, Jack Glander (minor), and Hank
Glander (minor)
SERVICE LIST
Richard Head Carol Sabat Briney
125 Hazel Ave. Address Unknown
Mill Valley, CA 94941
John Glander Laura Sabat-Baird
15 Buckeye Way 231 Midtown Dr.
Kentfield, CA 94904 Traverse City, MI 49684
Julie Silber J. Larry Sabat
1569 Solano Ave., #135 1751 Norfolk St.
Berkeley, CA 94707 Birmingham, MI 48009
NPR Lela (Sabat) Wilbur
c/o Office of Planned Giving 206 Bellewood Drive
1111 North Capitol Street, NE Aiken, SC 29803
Washington, DC 20002
Nancy Head Walter Sabat
125 Hazel Ave. 237 Jotham Ave.
Mill Valley, CA 94941 Auburn Hills, MI 48326
Noreen Lane Duane Sudol
2130 Park Centre Dr., Ste. 120 1 Ladybug Ln.
Las Vegas, NV 89135 Concord, NH 03301
Las Vegas PBS i Patricia (Sudol) Raven
3050 E. Flamingo:Road 3844 Incochee Rd., Apt. T
Las Vegas, NV 89121 Traverse City, MI 49684
Courtney Glander David Sudol
15 Buckeye Way N3819 N Saint Martins Pt.
Kentfield, CA 94904 Hessel, MI 49745
Claire Garabedian Susan (Sabat) Selbach
2130 Malcolm Ave. 8244 Angela Ct.
Los Angeles, CA 90025 Zephyrhills, FL 33541
Sandy Berrigan 1 Marianne Sabat
P.O. Box 607 8244 Angela Ct.
Albion, CA 95410! Zephyrhills, FL 33541
Debra J. Dolch Carrie Marr
167 South Park 2541 Anguilla Dr.
San Francisco, CA 94107 Cape Coral, FL 33391
SERVICE LIST
Melissa (Sudol) Harness
7015 14 Mile Rd. NE
Cedar Springs, MI 49319
PERSONAL & CONFIDENTIAL
Max Rutherston
c/o Max Rutherston Ltd.
PO Box 77332
London W5 SRW.
United Kingdom
Nevada Bank
PO Box 93685
Las Vegas, NV 89193-3685
PERSONAL & CONFIDENTIAL
Paul Moss
c/o Sydney L. Moss Ltd.
12 Queen Street :
Mayfair London W1J 5PG,
United Kingdom
Jack Glander
15 Buckeye Way
Kentfield, CA 94904
Hank Glander \ Jack Glander
15 Buckeye Way : c/o John and Courtney Glander
Kentfield, CA 94904. 15 Buckeye Way
Kentfield, CA 94904
Hank Glander
c/o John and Courtney Glander
15 Buckeye Way
Kentfield, CA 94904
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PAUL B. GRUWELL (SBN 252474 RICHARD T. FRANCESCHINI (136007) DEPARTMENT: 204 RAGGHIANTI FREITAS LLP Hearing: 04/08/2024 9:00 am| 1101 Fifth Avenue, Suite 100 San Rafael, California 94901 ELECTRONICALLY Telephone: (415) 453-9433 FILED Facsimile: (415) 453-8269 Superior Court of California, County of San Francisco Email: pgruwell@rflawllp.com Email: rfran@rflawllp.com 01/19/2024 Clerk of the Court Attorneys for CARON SCHMIERER, BY: MICHAEL RAYRAY Deputy Clerk as Administrator with Will Annexed of the Estate of Raymond W. Ross IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 10 1 CASE NO.: PES-23-306743 In the Estate of: 12 RAYMOND W. ROSS, CARON SCHMIERER’S PETITION FOR 13 INSTRUCTIONS TO DISMISS PORTIONS Decedent. OF PENDING, ESTATE-RELATED 14 LITIGATION 15 [Prob. Code, §§ 9611(a), 9830, and 9837] 16 DATE: 17 TIME: DEPT.: Probate, Dept. 204 18 19 20 Caron Schmierer (“Schmierer”), as Administrator with Will Annexed of the Estate 21 of Raymond W. Ross (“Ross Estate”) hereby submits her Petition for Instructions To 22 Dismiss Portions of Pending, Estate-Related Litigation (“Petition”), and in support of her 23 Petition, she respectfully would show the Court as follows: 24 INTRODUCTION 25 1 Raymond W. Ross (“Ross”) was a unique and well-liked man who passed 26 away without any children on October 3, 2023, at the age of 86. Ross experienced 27 success in his work and real estate investment business (owning, at times, properties in 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 1 London, San Francisco, Las Vegas and Hawaii), and Ross’ net worth was estimated at between $9M-$10M in his later years. 2. Approximately twenty years prior to his passing, in the early to mid 2000s, Ivory Madison (“Madison”) and Abraham Mertens (“Mertens”) developed a close friendship with Ross and his husband, Jonathan Shannon (“Shannon”), who was a renowned fashion designer and artist. For several years they lived near each other in San Francisco, they spent time together, and notably, Ross officiated the marriage of Madison and Mertens in September 2008. Some years later, in January 2016, Shannon passed away, leaving Ross devastated. 10 3. In approximately 2016 events concerning the control and handling of Ross’ "1 affairs led to massive litigation that took on a life of its own. In or around 2016, Dr. 12 Richard Head (“Head”) increasingly became involved with and took over Ross’ affairs. In 13 October 2016, Ross revised his estate plans, which included designating Head as 14 successor trustee of Raymond W. Ross Living Trust (“Ross Trust”) and as a substantial 15 beneficiary. 16 4 In 2020-2021, Head was involved with or directed the sale of two real 17 properties from the Ross Trust that were planned to be left to Ross’ friends, Noreen Lane 18 and Julie Silber; instead, the sale proceeds of $3.5M+ flowed into the trust residue, of 19 which Head was the designated beneficiary at that time. When Ross’ friends expressed 20 concerns about Head's conduct, and isolation of Ross from several of his friends, Head 21 threatened and pursued litigation. 22 5. During the years 2017 through 2020, Ross made several loans or gifts to 23 Mertens and Madison, totaling $450,000, to assist them with real estate investments. In 24 January 2021, Head assisted Ross in working with an estate planner to prepare a First 25 Amendment to the Ross Trust, which was executed and includes a specific gift to 26 Abraham Mertens for $500,000 (which to date no party has indicated an intent to 27 challenge this bequest to Mertens). 28 CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 2 6. In April 2021, Ross again amended his estate plans, removing Head as trustee, removing Head as the residual beneficiary, and reducing Head’s beneficial interest to $500,000. 7 Starting in July 2021, Head filed multiple lawsuits in Marin County and Sonoma County, first in his capacity as trustee of the Ross Trust, and later in his role as conservator over the estate and person of Ross, after he was appointed as such on September 26, 2021. 8. The barrage of litigation filed by Head over two years culminated in Marin Superior Court issuing a sua sponte order on July 10, 2023, suspending Head as Trustee 10 of the Ross Trust (RJN No. 1), as well as sua sponte orders on July 11 and 14, 2023, 11 suspending Head as Conservator of the Estate and Person of Ross (RJN Nos. 2 & 3). 12 Later, the Court made an express finding that Head as conservator had filed a demurrer 13 and supporting reply brief in bad faith against Mertens, warranting sanctions. (RUN No. 14 4) 15 9 Head's litigation counsel (Valerie Horn) has requested that Marin Superior 16 Court approve $754,956.38 that she already was paid by Head, as trustee of the Ross 17 Trust, as a “third-party payor” for her multi-front, scorched-earth litigation strategy 18 conducted for Head as Conservator of Ross’ Estate and Person. (RJN No. 5.) 19 10. Consistent with many of the observations of Judge Kelly Simmons and 20 Judge Andrew Sweet in their sua sponte suspension orders (see RJN Nos. 1,2 &3 ), 21 Schmierer believes that much of the pending, estate-related litigation was and is 22 unnecessary, excessive, not in the best interest of the Estate of Raymond W. Ross or its 23 beneficiaries, and/or otherwise not prudent from a cost/benefit perspective to pursue 24 going forward. 25 11. To avoid unnecessary expenditures going forward and reduce financial 26 harm, including reducing exposure to potential sanctions against the estate, Schmierer 27 now petitions this Court for instructions to dismiss portions of the pending, estate-related 28 CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 3 litigation, as detailed further below. 12. Importantly, Schmierer does not request instructions to dismiss all pending litigation. To the contrary, if the Court grants the relief requested herein, the Estate of Raymond Ross still would have a pending lawsuit against Mertens and Madison to address the outstanding issue of whether the $450,000 transferred to them from Ross should be considered a loan or gift. (See RJN No. 6 [Petition Under Prob. Code §§ 850 & 859; Marin Superior Court Case No. PRO 2102980].) ADDITIONAL BACKGROUND FACTS 13. So that the Court may fully consider the relief requested herein, Schmierer 10 is providing herewith in her accompanying Request for Judicial Notice copies of the 1 operative complaints and petitions, as well as other documents that corroborate the 12 reasonableness of and benefits to the estate in dismissing portions of the pending 13 litigation. 14 14. As mentioned above, the instant Petition does not seek authorization to 15 dismiss the pending claims against Mertens and Madison alleged in Amended Petition: 16 (1) To Compel Return of Property to the Conservatorship Estate Pursuant to Probate 17 Code § 850; (2) For Double Damages Pursuant to Probate Code § 859; and (3) For 18 Imposition of a Constructive Trust, filed on November 12, 2021, in the proceeding entitled 19 In Re: The Conservatorship Over the Person and Estate of Raymond W. Ross (Marin 20 Superior Court Case No. PRO 2102980). (RJN No. 6.) Schmierer intends to address 21 such claims with Mertens and Madison, who have expressed through their counsel a 22 good-faith willingness to address the $450,000 loan vs. gift issue. 23 15. On December 17, 2023, counsel for defendants in the lawsuit entitled Head 24 v. Mertens, et al. (Marin County Superior Court Case No. CIV 2102573) sent a letter to 25 Schmierer’s counsel, demanding that Schmierer, as the recently-appointed Personal 26 Representative of the Estate of Raymond W. Ross, take immediate actions to dismiss 27 pending litigation against Abraham Mertens, Ivory Madison, Claire Patrick and Valley of 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 4 the Moon Cottages, LLC, withdraw the lis pendens that has been recorded on title to defendants’ property, and take necessary steps to exonerate the bond/undertaking that has been required from some of her clients in the pending litigation. (Declaration of Paul Gruwell [‘Gruwell Dec.”], Exh. 2.) Failure to act promptly by Schmierer could result in sanctions against the estate. 16. On December 28, 2023, counsel for defendants in the lawsuit entitled Head v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has been consolidated with Marin County Superior Court Case No. CIV 2102573), sent a letter to Schmierer’s counsel, threatening a sanctions motion pursuant to Code of Civil 10 Procedure section 128.5, unless Schmierer acts immediately to dismiss portions of the 1 pending litigation against her clients. (Gruwell Dec., Exh. 3.) 12 17. On December 28, 2023, counsel for defendants in the lawsuit entitled Head 13 v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has 14 been consolidated with Marin County Superior Court Case No. CIV 2102573), served on 15 Schmierer’s counsel a Notice of Motion and Memorandum of Points and Authorities In 16 Support of Motion for Sanctions Under Code of Civil Procedure Section 128.5, triggering 17 the 21-day safe harbor timeline under the relevant sanctions statutes. The safe-harbor 18 period has now expired. (Gruwell Dec., Exh. 4.) 19 18. In the instant Petition, Schmierer seeks authorization to dismiss all claims 20 against all defendants in the Second Amended Complaint, filed on January 3, 2022 by 21 Head as Conservator over the Person and Estate of Raymond W. Ross, in the action 22 entitled Head v. Mertens, et al. (Marin Superior Court Case No. CIV 2102573). (RJN 23 No. 7.) 24 19. As part of dismissing Head’s Second Amended Complaint in Marin Superior 25 Court Case No. CIV 2102573, Schmierer also plans to take steps necessary to exonerate 26 the undertaking posted by Mertens and Madison in that proceeding. For context, Marin 27 Superior Court issued an Order Re: Writ of Attachment, entered on December 17, 2021, 28 in this case. (RJN No. 8.) Later, the Court issued an Order Re: Right to Attach Order CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 5 and Writ of Attachment Proceedings, entered on January 31, 2022, in this proceeding. (RJN_No. 9.) Mertens and Madison complied with the Court's Orders and posted the following: Undertaking Under CCP Section 489.310, Re: Bond No. 3499975 (wherein Abraham Mertens and Ivory Madison appear as Obligors, and Plaintiff [/.e., Dr. Richard Head as conservator for Raymond W. Ross] appears as obligee, and Suretec Insurance Company appears as Surety). (RJN_No. 10.) Schmierer view this undertaking as unnecessary under the present circumstances, which include Mertens’ $500,000 beneficial interest under the Ross Trust (which, to date, no party has expressed an intention of contesting this bequest), as well as other facts set forth herein. 10 20. Schmierer intends to dismiss the pending Complaint For Fraudulent 1 Transfers], filed on November 15, 2021 by Head as Conservator over the Person and 12 Estate of Raymond W. Ross, in the proceeding entitled Head v. Mertens, et al. (Sonoma 13 Superior Court Case No. SCV-269688). (RJN No. 11.) Given the pending Petition under 14 Probate Code Section 850 & 859 against Mertens and Madison, this civil lawsuit alleging 15 fraudulent conveyance claims (which do not appear well-pled) seems unnecessary to 16 protect the interests of the estate and should be dismissed in its entirety. 17 21. In connection with dismissing the fraudulent conveyance lawsuit (/.e., RIN 18 No. 11), Schmierer plans to withdraw or release the Notice of Pendency of Action (related 19 to the proceeding entitled Head v. Mertens, et al., Sonoma Superior Court Case No. SCV- 20 269688), recorded in Sonoma County on title for the real properties located at 149 & 157 21 Pine Avenue and 140 & 158 Northside Avenue, Sonoma, California. (RJN No. 12.) 22 22. On November 6, 2023, counsel for defendants in the lawsuit entitled Head 23 v. Mertens, et al. (Sonoma County Superior Court Case No. SCV-26-9688, which has 24 been consolidated with Marin County Superior Court Case No. CIV 2102573), sent a 25 meet and confer letter to counsel for the current conservator of the Estate of Raymond 26 W. Ross, demanding removal of the lis pendens that was recorded against defendants’ 27 property by Dr. Richard Head in his former capacity as conservator of Estate and Person 28 of Raymond W. Ross. In her letter, defendants’ counsel threatened to file a motion to CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 6 expunge the /is pendens with the intent to seek reimbursement of attorney’s fees, costs, and all other remedies available to them, against the Estate of Raymond W. Ross: (Gruwell Declaration, Exh. 1.) 23. Schmierer plans to dismiss without prejudice the claims asserted by Head in his Petition to Confirm Richard Head as Successor Trust and Power of Attorney, filed on November 23, 2021 by Dr. Richard Head as Conservator of Raymond W. Ross and Successor Trustee of the Raymond W. Ross Living Trust in the proceeding entitled In Re: The Raymond W. Ross Living Trust U/D/T March 27, 2006, Amended and Restated October 5, 2016 (Marin Superior Court Case No. PR 2103985). (RJN No. 13.) Any 10 claims pertaining to the validity of estate planning documents can and should be asserted 11 by beneficiaries of the estate/trust, rather than the fiduciary that has a present duty to 12 defend the estate planning documents. 13 24 For additional context about Debra Dolch’s (“Dolch”) limited role in the 14 events giving rise to this litigation, and why dismissal of all claims against her is 15 appropriate, Schmierer submits the following document: Debra Dolch’s Response and 16 Objection to Petition to Confirm Richard Head as Successor Trustee and Power of 17 Attorney, filed on February 28, 2022 by Debra L. Dolch in the proceeding entitled /n Re. 18 The Raymond W. Ross Living Trust U/D/T March 27, 2006, Amended and Restated 19 October5, 2016 (Marin Superior Court Case No. PR 2103985). (RJN No. 14.) Dolch is 20 a licensed, professional fiduciary who is not a beneficiary of the Ross Trust. In light of 21 her sworn statements as to her limited, peripheral role, and no apparent evidence of bad 22 faith, it does not appear worthwhile for the estate to pursue any litigation against Ms. 23 Dolch for purportedly aiding and abetting financial elder abuse, or any other claim 24 25 As additional context and background for the dismissal of all claims against 25 Claire Patrick (“Patrick”), Schmierer submits the following declaration describing her 26 relatively limited role as an agent for Madison: Declaration of Claire Patrick, filed on June 27 9, 2023 in the consolidated proceeding entitled Head v. Mertens, et al. (Marin Superior 28 Court Case No. CIV 2102573 [LEAD].) (RJN_No. 15.) Under the totality of the CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 7 circumstances, it does not appear to be in the best interest of the estate to pursue any claims against Patrick. 26. On November 14, 2023, counsel for Schmierer, as interim trustee of the Raymond W. Ross Living Trust Dated March 27, 2006, as Amended and Restated, served notices to all beneficiaries of the trust and known heirs of Raymond W. Ross, pursuant to Probate Code section 16061.7, regarding the passing of Ross and the trust's irrevocability. (Gruwell Dec., Exh. 5.) And a similar, separate notice was sent that same week to known heirs of Raymond W. Ross. (Gruwell Dec. 6.) As such, to the extent the Petition seeks instructions to dismiss without prejudice claims concerning the validity 10 of Ross’ estate planning documents, the beneficiaries and/or heirs have a full and fair 11 opportunity to assert such claims, if they wish to do so. (See Declaration of Paul Gruwell, 12 6 and Exh. 5.) 13 PETITION FOR INSTRUCTIONS FOR PERSONAL REPRESENTATIVE 14 TO DISMISS PORTIONS OF PENDING, ESTATE-RELATED LITIGATION 15 27. On January 8, 2024, this court issued an order appointing Schmierer as 16 Administrator with Will Annexed for the Estate of Raymond W. Ross, with full authority 17 under the Independent Administration of Estates Act, and Letters Testamentary issued 18 on January 11, 2024. As such, Schmierer has authority to settle, compromise and/or 19 release claims. (Prob. Code, § 9830.) 20 28. Schmierer, as a personal representative, is authorized to petition the court 241 for instructions authorizing a settlement, compromise, or release, as well as a dismissal 22 of claims provided there is a demonstrated benefit to the estate. (See Prob. Code, 23 § 9837; see also Prob. Code, § 9611 [procedure for petition for instructions if no other 24 procedure available].) 25 29. Judge Andrew E. Sweet of Marin Superior Court views Head's litigation 26 approach prior to his suspension (i.e., the pending litigation the Schmierer is now 27 inheriting) as “counterproductive” to Ross’ best interest. Specifically, he commented in 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 8 his July 10, 2023 sua sponte order suspending Head as trustee of the Ross Trust as y follows: “Scorched early litigation hardly describes the litigation , nasty, contention and uninhibited nature of this litigation”; “with litigious ferocity, Dr. Head opposed any attempts by others to provide Trust oversight, including those of the Guardian Ad Litem”; “The litigation approach appears counterproductive to Mr. Ross’ best interest”). (RUN No. 1.) 30. Judge Kelly Simmons of Marin Superior Court also viewed Head’s litigation approach prior to his suspension as causing financial losses to Ross and not in his best interest. Specifically, in her July 14, 2023 sua sponte Order suspending Head as 10 Conservator of Ross, she stated: “Mr. Ross and his estate have suffered and may 11 continue to suffer loss or injury”; “The litigation of this conservatorship has been extreme, 12 unnecessary, and unduly costly. Mr. Ross has suffered significant financial loss as a 13 result’; “There is some evidence to suggest that Dr. Head is not acting in the best interest} 14 of Mr. Ross.” (RUN No. 3.) 15 31. In light of the foregoing observations of two Superior Court Judges, the 16 present risk of sanctions against the estate, as well as Schmierer’s own independent 17 assessment of the underlying facts and circumstances, the relief and authorization 18 requested herein is reasonable and appropriate to avoid further wasteful expenditures by 19 the estate on pending litigation that is: (1) improper, (2) unnecessary, (3) not in the 20 estate’s best interest, and/or (4) unlikely to yield any result beyond the results that may 21 be obtained by Schmierer addressing the $450,000 loan vs. gift issue with Mertens and 22 Madison in the context of the Petition brought under Probate Code section 850 and 859 23 (Marin Superior Court Case No. PRO 2102980), which is not being dismissed in 24 connection with Schmierer’s instant Petition. Therefore, Schmierer now petitions this 25 Court for instructions to dismiss portions of the pending, estate-related litigation, as 26 detailed herein. 27 28 CARON SCHMIERER’S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 9 NOTICE 32. The names and addresses of all persons entitled to notice of this Petition are as follows: see service list attached hereto as Exhibit 1. 33. Persons that have requested special notice of this proceeding, and are being provided notice of this Petition, include the following: Debra J. Dolch c/o Robyn B. Christo, Esq. Epstein Holtzapple Christo LLP 999 Fifth Ave., Ste 420 San Rafael, CA 94901 Abraham Mertens 10 c/o Lizabeth N. de Vries, Esq. 1 De Vries Law P.C. 1388 Sutter St., #715 12 San Francisco, CA 94109 13 PRAYER FOR RELIEF 14 WHEREFORE, Schmierer prays for an order of the court as follows: 15 1 Notice of Caron Schmierer’s Petition for Instructions To Dismiss Portions of 16 Pending, Estate-Related Litigation was provided as required by law. 17 2. For the Court to instruct Schmierer to take all actions necessary to withdraw 18 or release the lis pendens related to the proceeding entitled Head v. Mertens, et al. 19 (Sonoma Superior Court Case No. SCV-269688), that was recorded by Dr. Richard 20 Head, as conservator over the Estate and Person of Raymond W. Ross, in Sonoma 21 County on title for the real properties located at 149 & 157 Pine Avenue and 140 & 158 22 Northside Avenue, Sonoma, California. 23 3. For the Court to instruct Schmierer to take all actions necessary to 24 exonerate the Undertaking Under CCP Section 489.310, Re: Bond No. 3499975 (wherein 25 Abraham Mertens and Ivory Madison appear as Obligors, and Plaintiff [/.e., Dr. Richard 26 Head as conservator for Raymond W. Ross] appears as obligee, and Suretec Insurance 27 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 10 Company appears as Surety), which was posted in the case entitled Head v. Mertens, et al, (Marin Superior Court Case No. CIV 2102573). 4 For the Court to instruct Schmierer to dismiss with prejudice all claims against all defendants in the lawsuit involving alleged fraudulent transfers entitled Head v, Mertens, et al. (Sonoma Superior Court Case No. SCV-269688), which has been consolidated with the case entitled Head v. Mertens, et al. (Marin Superior Court Case No. CIV 2102573). 5. For the Court to instruct Schmierer to dismiss with prejudice all claims against all defendants in the lawsuit Head v. Mertens, et al. (Marin Superior Court Case 10 No. CIV 2102573). 11 6 For the Court to instruct Schmierer to dismiss without prejudice all claims or 12 requests for relief in the Petition to Confirm Richard Head as Successor Trustee and 13 Power of Attorney, filed by Dr. Richard Head in his role as conservator over the Estate 14 and Person of Raymond W. Ross, in the proceeding entitled In Re; The Raymond W. 15 Ross Living Trust U/D/T March 27, 2006, Amended and Restated October 5, 2016 (Marin) 16 Superior Court Case No. PRO 2103985, which has been consolidated with CIV 2102573 17 [LEAD)). 18 7 For the Court to approve, confirm and ratify Caron Schmierer's acts and 19 transactions that are consistent with, and in furtherance of, the order(s) this Court issues 20 when granting Ms. Schmierer’s Petition for Instructions To Dismiss Portions of Pending, 21 Estate-Related Litigation. 22 8. For such other and further relief as the Court may deem just and proper. Respectfully Submitted, 23 Dated: January _/ 7 2024 RAGGHIANTI F ITAS LLP 24 = 25 Paul B.'Gruwell, Attorneys for Caron 26 Schmierer, as Administrator with Will 27 Annexed of the Estate of Raymond W. Ross 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 1 VERIFICATION |, Caron Schmierer, as Administrator with Will Annexed of the Estate of Raymond W. Ross, have read the foregoing PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING, ESTATE-RELATED LITIGATION 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, | believe them to be true. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 Dated: January 19, 2024 TE ce 11 CARON SCHMIERER, as Administrator with Will Annexed of the Estate of 12 Raymond W. Ross 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARON SCHMIERER'S PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING ESTATE-RELATED LITIGATION 12 EXHIBIT 1 SERVICE LIST Adrian Sawyer, Esq. Joseph Morrill, Esq. Sawyer & Labar LLP Morrill Law 1700 Montgomery St., Ste. 108 201 N. Civic Drive, Ste. 230 San Francisco, CA 94111-1022 Walnut Creek, CA 94596 Email: sawyer@sawyerlabar.com Tel: (925) 322-8615 guzman@sawyerlabar.com Fax: (925) 37-3151 marinkovich@sawyerlabar.com Email: joe@morrill.law Attorneys for Dr. Richard Head, as Suspended Attorneys for Temporary Conservator Conservator over the Person and Estate of Rebecca Guyette Raymond W. Ross and as Suspended Successor Trustee of the Raymond W. Ross Law Office of Steven F. Klamm Trust 1670 Riviera Avenue, Suite 210 Walnut Creek, CA 94596 Lizabeth N. de Vries Tel: (925) 934-7300 DE VRIES LAW, P.C. Fax: (925) 934-7303 1388 Sutter Street, Suite 715 Email: steve@klammlaw.com San Francisco, CA 94109 Attorneys for Guardian Ad Litem Alice Main: (415) 909-4009 Fishler Direct: (415) 909-4008 Email: liza@devrieslawsf.com Woodford G. Rowland, Esq. Attorneys for Abraham Mertens, Ivory 55 Professional Center Parkway, Suite A Madison San Rafael, CA 94903 Phone 415-472-3434 Robyn Christo, Esq. Email: woody@rowlandatty.com Shelley Clark, Esq. Epstein Holtzapple Christo LLP 999 Fifth Avenue, Ste. 420 Jamay Lee San Rafael, CA 94901 The Law Office of Jamay Lee, APC Email: robyn@ehe.law 303 Twin Dolphin Drive, 6 Floor Email: michael@ehe.law Redwood City, CA 94065 Attorneys for Deborah Dolch jamay@jamaylee.com Attorneys for John Glander, Courtenay Dill- Glander, Jack Glander (minor), and Hank Glander (minor) SERVICE LIST Richard Head Carol Sabat Briney 125 Hazel Ave. Address Unknown Mill Valley, CA 94941 John Glander Laura Sabat-Baird 15 Buckeye Way 231 Midtown Dr. Kentfield, CA 94904 Traverse City, MI 49684 Julie Silber J. Larry Sabat 1569 Solano Ave., #135 1751 Norfolk St. Berkeley, CA 94707 Birmingham, MI 48009 NPR Lela (Sabat) Wilbur c/o Office of Planned Giving 206 Bellewood Drive 1111 North Capitol Street, NE Aiken, SC 29803 Washington, DC 20002 Nancy Head Walter Sabat 125 Hazel Ave. 237 Jotham Ave. Mill Valley, CA 94941 Auburn Hills, MI 48326 Noreen Lane Duane Sudol 2130 Park Centre Dr., Ste. 120 1 Ladybug Ln. Las Vegas, NV 89135 Concord, NH 03301 Las Vegas PBS i Patricia (Sudol) Raven 3050 E. Flamingo:Road 3844 Incochee Rd., Apt. T Las Vegas, NV 89121 Traverse City, MI 49684 Courtney Glander David Sudol 15 Buckeye Way N3819 N Saint Martins Pt. Kentfield, CA 94904 Hessel, MI 49745 Claire Garabedian Susan (Sabat) Selbach 2130 Malcolm Ave. 8244 Angela Ct. Los Angeles, CA 90025 Zephyrhills, FL 33541 Sandy Berrigan 1 Marianne Sabat P.O. Box 607 8244 Angela Ct. Albion, CA 95410! Zephyrhills, FL 33541 Debra J. Dolch Carrie Marr 167 South Park 2541 Anguilla Dr. San Francisco, CA 94107 Cape Coral, FL 33391 SERVICE LIST Melissa (Sudol) Harness 7015 14 Mile Rd. NE Cedar Springs, MI 49319 PERSONAL & CONFIDENTIAL Max Rutherston c/o Max Rutherston Ltd. PO Box 77332 London W5 SRW. United Kingdom Nevada Bank PO Box 93685 Las Vegas, NV 89193-3685 PERSONAL & CONFIDENTIAL Paul Moss c/o Sydney L. Moss Ltd. 12 Queen Street : Mayfair London W1J 5PG, United Kingdom Jack Glander 15 Buckeye Way Kentfield, CA 94904 Hank Glander \ Jack Glander 15 Buckeye Way : c/o John and Courtney Glander Kentfield, CA 94904. 15 Buckeye Way Kentfield, CA 94904 Hank Glander c/o John and Courtney Glander 15 Buckeye Way Kentfield, CA 94904