Preview
Superios Court
of Califomia
CLAYTON B. ANDERSON SBN: 203126 County
of Butte
Jacobs, Anderson, Potter, Harvey & Cecil, LLP
20 Independence Circle
Chico, CA 95973
(530)342-6144 1/30/2024 E
Attorney for Ryan Cheal ‘Sharif Elmailah, Clerk . D
\ Deputy
Glectfonicaily FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF BUTTE
10
1 Ryan Cheal,
) Case No:24CV00367
12 Plaintiff, COMPLAINT FOR QUIET TITLE TO
REAL PROPERTY
13
4 VS. [C.C.P 760.010 et seq.; C.C.P. 762.060(a)]
15
Robb Harrison Cheal, Lesley A. Good, David
16
Moncada, the testate and intestate successors
17 of David Moncada, and all persons claiming by,
through, or under him, GreenPoint Mortgage
18 Funding, Inc., Mortgage Electronic Registration
Systems, Inc., Federal National Mortgage Hearing Date:
19
Association, Inc., Bank of America, N.A.,, all Hearing Time:
20 persons unknown, claiming any legal or equitable Depts.:
tight, title, estate, lien, or interest in the property
21 described in the complaint adverse to Plaintiff's
title,
22
Defendants.
23
24
Plaintiff alleges:
25
1 At all times covered by this matter, Plaintiff was and is a resident of Butte
26
County, California.
27
i
28
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
1
2 Defendant, ROBB HARRISON CHEAL, a.k.a. ROBB CHEAL, a.k.a. ROBB H.
CHEAL, is a resident of Butte County, California.
3 Defendant DAVID MONCADA is a resident of Butte County, California,
4. Defendant LESLEY A. GOOD is a resident of Marin County, California.
5 Individual Defendants designated as all persons unknown, claiming any legal or
equitable right, title, estate, lien or interest in the property described in the complaint, which creates a
cloud on Plaintiff's title to the property are unknown to Plaintiff.
6. The Plaintiff is the owner of the real property located at 831 Rio Chico Way,
Chico, Butte County, California, hereafter “subject real property”. The legal description of said propert
10 is attached hereto as Exhibit A.
1 7. The basis of Plaintiff's title to the property is the following:
12 (a) That certain Agreement Regarding Real Property entered into between Robb
13 Cheal, Grantor and Ryan Cheal, Plaintiff, as Grantee, dated May 1, 2013, and later recorded in the
14 Official Records of the County of Butte on May 24, 2022, Serial Number 2022-0018166. (See Exhibit
15 B)
16 (b) That certain Grant Deed recorded in the Official Records of the County of
17 Butte on May 3, 2013, Serial Number 2013-0017897. (See Exhibit C)
18 (c) The findings of the Butte County Superior Court, Case No.163586, wherein
19 the court found at page 8 lines 22 through 26 that the subject real property located at 831 Rio Chico
20 Way, Chico, California was owned by Plaintiff after receiving said property by gift transfer Grant Deed
21 by Trustee Lesley Good dated April 13, 2012, and recorded on April 13, 3012, Serial Number 2012-
22 0013231, and by gift transfer Grant Deed signed by Robb Cheal on May 1, 2013 and recorded on May 3.
23 2013, Serial No. 2013-0017897. (See Exhibit D)
24 This action is being brought to clear the title to the above-referenced real property. Plaintiff is
25 informed and believes that the parties indicated in the clouds on title are as follows:
26
Robb Harrison Cheal
27 2 Hillsboro Circle
Chico, CA 95926
28
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
2
David Moncada
14920 Woodland Park Dr.
Forest Ranch, CA 95942
Lesley A. Good
50 Gustafson Ct.
Novato, CA 94947
GreenPoint Mortgage Funding, Inc.
C/O Becky DeGeorge
CSC Lawyers Incorporating Services
2710 Gateway Oaks Dr.
Sacramento, CA 95833
10
Mortgage Electronic Registration Systems, Inc.
c/o Amanda Garcia
i CT Corporation
330 N. Brand Blvd.
12 Glendale, CA 91203
13
Bank of America Corporation
14 c/o Amanda Garcia
CT Corporation
15
330 N. Brand Blvd.
16 Glendale, CA 91203
17 Federal National Mortgage Association
535 Mission Street
18
San Francisco, CA 94107
19
20 8 An escrow has been established at Bidwell Title and Escrow Company, Chico,
21 California by Plaintiff for the purpose of obtaining a refinancing loan secured by the subject real
22 property. Plaintiff has been informed by Bidwell Title and Escrow Company, that clouds are present on
23 the title to the subject real property and that those clouds must be removed prior to the issuance of title
24 insurance and closure of escrow.
25 9 At issue in this complaint are Exceptions 11 through 17 of that certain
26 Preliminary Title Report prepared by Bidwell Title and Escrow Company, 500 Wall St., Chico, CA
27 95928. A copy of that Preliminary Title Report is attached hereto and made a part hereof as Exhibit E.
28
OMPLAINT FOR QUIET TITLE TO REAL PROPERTY
3)
Representatives of the title company have indicated that Plaintiff must have Exceptions 11 through 17
explained, resolved and/or removed before any loan or sale transactions will be allowed to close escrow.
10. To establish the fee ownership of the subject property prior to it being transferred
to Plaintiff, Plaintiff offers the following transactional timeline.
(a) ROBB CHEAL obtained title to the subject property as a “Married Man as
His Sole and Separate Property” pursuant to that certain Interspousal Transfer Grant Deed executed by
JYL CHEAL, his wife, and recorded on October 16, 1996, in the Official Records of the Butte County
Recorder, Serial No. 96-039289. (Exhibit F)
(b). A Deed of Trust against the subject property was recorded in the Official
10 Records of the Butte County Recorder, Serial No. 2002-0003021 on January 22, 2002, to secure a loan
i issued by GreenPoint Mortgage Funding, Inc., the Lender, to ROBB CHEAL, the Borrower, and
12 Mortgage Electronic Registration Systems, Inc. (“MERS”) as the Beneficiary. (See Exhibit G)
13 () A Notice of Default and Election to Sell Under Deed of Trust was
14 recorded in the Official Records of the Butte County Recorder, Serial No. 2006-003898 on June 16,
15 2006, by ReconTrust Company, N.A. as the Trustee under the Deed of Trust. (See Exhibit H)
16 ReconTrust Company, N.A. was a wholly owned subsidiary of Bank of America acting as nonjudicial
17 foreclosure trustee. As explained in section 11(f) below, this recording was probably premature and
18 required the correction filing described in section 11(h) below. Included in this Notice is a statement
19 that Countrywide Home Loans, Inc. is now the “lender”, presumably having taken ownership of the
20 original note issued by GreenPoint Mortgage Funding, Inc. At this point MERS remains the Trust Deed
21 Beneficiary of record. Plaintiff has been unable to discover other documentation verifying the transfer
22 of ownership of the original note from GreenPoint Mortgage Funding, Inc to Countrywide Home Loans,
23 Inc. Communications with Bank of America on behalf of Countrywide Home Loans, Inc., a wholly
24 owned subsidiary of Bank of America, yielded no results. Bank of America has stated that no pertinent
25 documentation exists. (See Exhibit I)
26 (d) A Substitution of Trustee was recorded in the Official Records of the
27 Butte County Recorder, Serial No. 2006-0048986 on September 21, 2006, by MERS, as Beneficiary.
28 Plaintiff alleges this recording appears to correct the Notice of Default and Election to Sell Under Deed
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
4
of Trust by ReconTrust Company, N.A., which was recorded prior to the time an actual Substitution of
Trustee was executed and recorded by MERS. Hereafter, ReconTrust Company, N.A. is the Trustee of
record. (See Exhibit J)
() ReconTrust Company, N.A., Trustee under the Deed of Trust does record
a Notice of Trustee’s Sale on September 21, 2006, in the Official Records of the Butte County Recorder,
Serial No. 2006-0048987. (See Exhibit kK)
@ On July 6, 2007, Countrywide Home Loans, Inc. records a Corporation
Assignment of Deed of Trust/Mortgage in the Official Records of the Butte County Recorder, Serial No.
2007-0032444 wherein the assignee is the Federal National Mortgage Corporation, (“Fannie Mae’). At
10 this point, Fannie Mae becomes the Beneficiary of Record under the Deed of Trust. (See Exhibit L)
1 (g) On July 6, 2007, ReconTrust Company, N. A. records a Trustee’s Deed
12 Upon Sale in the Official Records of the Butte County Recorder, Serial No. 2007-0032445, which
13 transfers title to the subject real property to Fannie Mae, the Grantee. Fannie Mae is now the owner of
14 the subject real property. (See Exhibit M)
15 (h) On November 16, 2007, FANNIE MAE, as Quitclaimor, records a
16 Quitclaim Deed to ROBB CHEAL, an unmarried man, in the Official Records of the Butte County
17 Recorder, Serial No. 2007-0053677. ROBB CHEAL is now the fee owner of the property once again.
18 (See Exhibit N)
19 11. Plaintiff offers the following as explanations for each of the Preliminary Title Report
20 Exceptions 11 through 17:
21 (a) Exception 11: The Effect of a Trustee’s Deed Upon Sale.
22 As explained in paragraph 10(g) above, the effect of the Trustee’s Deed is to transfer fee
23 ownership of the real property from Countrywide Home Loans, Inc, which was presumably paid off
24 from the proceeds of the Trustee’s Sale, to Fannie Mae, the guarantor of the loan, which at that point
25 held fee title to the real property subject to Robb Cheal’s statutory right to redeem the property (Cal.
26 Code of Civil Procedure Section 729.030).
27 M
28 MW
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
5
(b) Exception 12: The Effect of a Quitclaim Deed.
As explained in paragraph 10(h) above, Fannie Mae executed and recorded a Quitclaim Deed to
ROBB CHEAL, an unmarried man, in the Official Records of the Butte County Recorder, Serial No.
2007-0053677. Although Plaintiff is unable to offer any proof, Plaintiff presumes that ROBB CHEAL
was able to redeem the subject property from Fannie Mae, resulting in Fannie Mae Quit Claiming the
property to ROBB CHEAL. At this point, ROBB is the fee owner of record of the subject real property.
(c) Exception 13: The Effect of a Quitclaim Deed.
On July 14, 2010, ROBB CHEAL, as Settlor, created the Creekside Land Trust. A copy of the
Creekside Land Trust is attached hereto as Exhibit O. Also on July 14, 2010, ROBB CHEAL executed
i0 a Quitclaim Deed, wherein he transferred all of his right, title and interest in the subject real property to
1 RYAN C. CHEAL as Trustee of the Creekside Land Trust. This Quitclaim Deed was recorded in the
12 Official Records of the Butte County Recorder, Serial No. 2010-0026411 on August 9. 2010. (See
13 Exhibit P) The Creekside Land Trust gives the Settlor the power to amend the trust during the Settlor’s
14 lifetime, (Section 2.02 of the trust), and the power to direct the Trustee regarding trust investments,
15 (Section 3.01 of the trust). The effect of the Quitclaim Deed was the effective transfer of title of the
16 subject real property from ROBB CHEAL, and unmarried man to RYAN CHEAL as Trustee of the
17 Creekside Land Trust.
18 (e) Exception 14: The Effect of a Grant Deed.
19 On July 14, 2011, ROBB CHEAL removed RYAN CHEAL as trustee of the Creekside Land
20 Trust by means of a NOTICE OF REMOVAL OF TRUSTEE OF THE CREEKSIDE LAND TRUST
21 addressed to RYAN C. CHEAL at 562 38" Avenue, San Francisco, CA 94121-2616. In this same
22 document, ROBB CHEAL appointed DAVID MONCADO, who is believed to be the same person as
23 DAVID MONCADA, who executed and signed the Grant Deed on July 21, 2011. (See Exhibit Q)
24 On July 15, 2011, DAVID MONCADA signed an ACCEPTANCE OF DUTIES AS SUCCESSOR
25 TRUSTEE OF THE CREEKSIDE LAND TRUST and acted as said successor trustee thereafter (See
26 Exhibit R) On July 21, 2011, DAVID MONCADA, executed a Grant Deed in which he as “Successor
27 Trustee of the Creekside Land Trust, Created July 14, 2010 who acquired title as Ryan C. Cheal, Trustee
28 of the Creekside Land Trust, Created July 14, 2010”, purportedly transferred title of the subject property
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
6
to David Moncada, Successor Trustee of the Creekside Land Trust, Created July 14, 2010, Grantee.
David Moncada, in fact, did not acquire title to the subject real property as RYAN CHEAL. By way of
clarification, however, the subject real property was originally transferred into the Creekside Land Trust
by that certain Quitclaim Deed, Serial No. 2010-0026411, referred to above in which the Grantee was
RYAN CHEAL, as the original trustee. On July 22, 2011, said Grant Deed was recorded in the Official
Records of the Butte County Recorder, Serial No. 2011-0023577. (See Exhibit S) Plaintiff alleges that
this unartfully drafted Grant Deed was intended simply to establish DAVID MONCADA, as the
successor trustee of the Creekside Land Trust as to the subject real property.
(f) Exception 15: The Effect of a Grant Deed.
10 On April 13, 2012, ROBB CHEAL, as settlor of the Creekside Land Trust, executed a Third
Ll Amendment to the Creekside Land Trust in which he revoked prior appointments of trustee and
12 appointed LESLEY A. GOOD, as Trustee: In that same document, LESSLY A. GOOD accepted the
13 appointment as Trustee. (See Exhibit T)
14 On April 13, 2012, LESLEY A. GOOD, executed a Grant Deed in which she as Successor
15 Trustee of the Creekside Land Trust, Created July 14, 2010, who acquired title as Ryan C. Cheal,
16 Trustee of the Creekside Land Trust, Created July 14, 2010, purportedly grants title of various parcels of|
17 real property including the subject real property to Lesley A. Good, Successor Trustee of the Creekside
18 Land Trust, Created July 14, 2010, Grantee. On April 13, 2012, said Grant Deed was recorded in the
19 Official Records of the Butte County Recorder, Serial No. 2012-0013231. As explained in paragraph
20 11(e) above, like DAVID MANCADA, LESLEY A. GOOD did not acquire title to the subject real
21 property as RYAN CHEAL. By way of clarification again, the subject real property was originally
22 transferred into the Creekside Land Trust by that certain Quitclaim Deed, Serial No. 2010-0026411,
23 referred to above in which the Grantee was RYAN CHEAL, as the original trustee. Plaintiff alleges
24 that this unartfully drafted Grant Deed was intended simply to establish LESLEY A. GOOD, as
25 successor trustee of the Creekside Land Trust as to the subject real property. (See Exhibit U)
26 (g) Exception 16: The Effect of a Grant Deed.
27 On May 1, 2013, ROBB CHEAL (Robb Harrison Cheal), purported to grant title to the subject
28 real property to RYAN CARY CHEAL, outright and free of trust, by means of a Grant Deed executed
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
7
by ROBB CHEAL on May 1, 2013, and recorded in the Official Records of the Butte County, Serial No,
2033-0017897. (See Exhibit V) At the time of executing this Grant Deed, title to the subject real
property was held in the name of LESLEY A. GOOD as Successor Trustee of the Creekside Land Trust,
Created July 14, 2010. Because ROBB CHEAL did not have title to the subject real property at the time|
he executed and recorded the Grant Deed, the Grant Deed had no force or effect and the title remained in
the name of LESLEY A. GOOD as Successor Trustee of the Creekside Land Trust, Created July 14,
2010.
(h) Exception 17: The Effect of a Grant Deed.
Apparently, to make the grant of title of the subject property to RYAN CARY CHEAL effective,
10 on May 3, 2013, Lesley A. Good, as Successor Trustee of the Creekside Land Trust, Created July 14,
11 2010, executed a Quitclaim Deed that quitclaimed all of Creekside Land Trust’s title and ownership of
12 the subject real property to RYAN CHEAL, A Single Man, as His Sole and Separate Property. This
13 Quitclaim Deed was later recorded in the Official Records of Butte County, Serial No. 2013-0020792,
14 on May 23, 2013. (See Exhibit W) Plaintiff alleges that this Quitclaim Deed was effective and did
15 transfer title to the subject real property in fee to Ryan Cheal, outright and free of trust.
16 12. Plaintiff seeks to quiet title to the property as to all exceptions addressed herein.
17 WHEREFORE, Plaintiff prays for a findings and judgment as follows:
18 1 On November 16, 2007, ROBB CHEAL, an unmarried man, became the owner of
19 record of the subject property pursuant to the Quitclaim Deed recorded in the Official Records of the
20 Butte County Recorder, Serial No. 2007-0053677.
21 2 On July 14, 2010, ROBB CHEAL effectively quitclaims title of the subject real
22 property to RYAN C. CHEAL as Trustee of the Creekside Land Trust, pursuant to the Quitclaim Deed
23 recorded in the Official Records of the Butte County Recorder, Serial No. 2010-0026411.
24 3 On July 14, 2011, ROBB CHEAL effectively removed RYAN CHEAL as trustee
25 of the Creekside Land Trust pursuant to that Notice of Removal of Trustee of the Creekside Land Trust
26 and effectively appointed DAVID MONCADA successor trustee of the Creekside Land Trust pursuant
27 to the Notice and the Acceptance of Duties as Successor Trustee of the Creekside Land Trust executed
28 by DAVID MONCADO on July 15, 2011.
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
8
4. DAVID MONCADA effectively establishes himself as Successor Trustee of the
Creekside Land Trust, pursuant to that certain Grant Deed recorded in the Official Records of the Butte
County Recorder, Serial No. 2011-23577.
5 ROBB CHEAL, as settlor, amended the Creekside Land Trust on April 13, 2012.
and in so doing he revoked prior appointments of trustee and effectively appointed LESLEY A. GOOD,
as Trustee, effective April 13, 2012
6 LESLEY A. GOOD effectively established herself as Successor Trustee of the
Creekside Land Trust, pursuant to that certain Grant Deed recorded in the Official Records of the Butte
County Recorder, Serial No. 2012-0013231. As Successor Trustee of the Creekside Land Trust.
10 DAVID MONCADA executes a Grant Deed that granted title to LESLEY A. GOOD, Successor of the
ll Creekside Land Trust, Created July 14, 2010. Plaintiff alleges that this unartfully drafted Grant Deed
12 was intended to transfer the title of the subject real property from DAVID MONCADA to LESLEY A
13 GOOD, as successor trustee.
14 7 The Grant Deed executed by ROBB CHEAL on May 1, 2013, and recorded in the
15 Official Records of the Butte County on May 3, 2013, Serial No. 2013-0017897 had no force or effect
16 upon the title to the subject real property.
17 8 The Quitclaim Deed executed by LESLEY A. GOOD as Successor Trustee of the
18 Creekside Land Trust on May 3, 2013, and recorded in the Official Records of Butte County, Serial No
19 2013-0020792, on May 23, 2013, effectively transferred title of the subject property to RYAN CHEAL,
ZLE
20 as his sole and separate property.
21 Date /
22
Cc Ryan Cheal, Plaintiff
23
24
Attomey for Plaintiff
25
26
27 Clayton B. Anderson
28
COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
9
VERIFICATION
I, RYAN CHEAL, am the Plaintiff in the above-entitled proceeding. I have read the foregoing
complaint 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 them to be
true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Dated: (Lia
10
IL
GL
RYAN ane °
12
13
14
15
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COMPLAINT FOR QUIET TITLE TO REAL PROPERTY
10
EXHIBIT A
EXHIBIT A
THE LAND REFERRED TO HEREIN 1S DESCRIBED AS FOLLO
WS:
ALL THAT CERTAIN REAL PROPERTY S| ITU, JATB IN THE CITY OF
CALIFORNIA, DESCRIBED AS FOLLOWS: CHICO; COUNTY OF BUTTE, STATE OF
LOT TWENTY-ONE (21) AS SHOWN ON THAT CERTAIN MAP ENTITL
ED “RIO CHICO SUBDIVISION ,
ADJOINING CHICO, BUTTE CO,, CAL.” WHICH MAP WAS FILED
RECORDER OF THE
IN THE OFFICE OF THE COUNTY
COUNTY OF B UTTE, STATE OF CALIFORNIA, ON APRIL m 1904 IN VOLUME 4 OF
MAPS, AT PAGE 59.
AP NO, 004-021-005
COMMONLY KNOWN AS:
831 RIO CHICO HAY
CHICO, CA
EXHIBIT B
TRUER
A
2022-0018 166
Recorded REC FEE 30,00
Recording Requested By: Officis) Recard:
County of SB2 TAX 75.00
Ryan Cheat Butte
CANDAGE J. GRUBES
Caunty Clerk-Recarder
And When Recorded Mail To:
OLLLPM 24-May-2022 Page Lof 6
R yor Cheek
East Lassen Avene 45
1080
Chics, CA ASt4F
THIS SPACE FOR RECORDERS USE ONLY
LAND CONTRACT
A “i eon tw
ok Rea ord "4 Re Xt Prperty
Document Title
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional Recording Fee Applics)
AGREEMENT REGARDING REAL PROPERTY
THIS AGREEMENT is entered into between ROBB CHEAL aka ROBB HARRISON
CHEAL aka ROBERT H. CHEAL, (hereinafter “Granter”) and RYAN CHEAL
(hereinafter “Grantee”).
RECITALS
A. The subject property of this agreement is located in Butte County, California, and
commonly known as 831 Rio Chico Way, Chico, California 95928; in the Grant
Deed recorded April 13, 2012, at 01:07 p.m., in the Official Records of the
County of Butte, Document Number: 2012-0013231; Assessor’s Parcel Number
004-021-005, a legal description is attached hereto and incorporated by reference,
as Exhibit “A” (hereinafter the “Subject Property”).
The subject property is currently part of trust estate of the Creekside Land Trust
created on July 14, 2010. The settlor of the Creekside Land Trust is ROBB
CHEAL and the successor trustee is LESLEY A. GOOD.
The parties desire to enter into this Agreement whereby Grantor shall transfer his
interest in the subject property to Grantee, for no valuable consideration, upon the
terms and conditions set forth herein.
AGREEMENT
The parties hereto agree as follows:
1. INSTRUCTIONS TO SUCCESSOR TRUSTEE
Grantor ROBB CHEAL acknowledges and warrants that he has the power, authority, and
ability, as Settlor of the Creekside Land Trust created on July 14, 2010, to direct the
Trustee of said Trust to sell, encumber, lease, manage, control, or dispose of any property
held as part of the trust estate.
Grantor hereby. agrees, within five (5) calendar days of the execution of this agreement,
to instruct and authorize, in writing, the successor trustee to execute a Quitclaim Deed
transferring the grantor’s interest in the subject property to Grantee RYAN CHEAL.
Once the Quitclaim Deed is executed by the successor trustee, said instrument shall be
returned to Grantee within five (5) calendar days so that it may be recorded by the
Grantee.
AGREEMENT
Robb Cheal and Ryan Cheal
1
2. Consideration
The parties hereto hereby acknowledge that this transfer of real property interest shall be
ade for no valuable consideration.
3, Payment of Taxes Relating to the This Transfer
Grantee RYAN CHEAL hereby agrees to be solely responsible for the payment of any
taxes incurred as a result of this transfer. Specifically, Grantee shall be responsible for
any transfer tax incurred, and/or any gift tax assessed to the Grantor.
4, Warranty of Capacity to Execute Agreement
The parties, by signing below, represent and warrant that no other person or entity has or
has had any interest in the property interests, rights, claims, demands, or obligations to in
this Agreement, except as otherwise set forth herein, and that each party has not sold,
assigned, transferred, conveyed or otherwise disposed of any of the property interests,
rights, claims, demands, or obligations referred to in this Agreement.
5. Entire Agreement and Successors in Interest
This Settlement Agreement contains the entire agreement between ROBB CHEAL and
RYAN CHEAL with regard to the matters set forth herein and shall be binding upon and
inure to the benefit of the executors, administrators, personal representatives, heirs,
successors and assigns of each. All prior communications, negotiations, stipulations and
understandings, whether oral or written, are of no force nor effect and are superseded,
except as referenced herein.
6. Governing Law
This Settlement Agreement shall be construed and interpreted in accordance with the
laws of the State of California.
7, Additional Documents
All parties agree to cooperate fully and execute any and all supplementary documents and
to take all additional actions which may be necessary or appropriate to give full force and
effect to the basic terms and intent of this Agreement. Specifically, Grantor hereby
agrees to execute and the Quitclaim Deed referenced above.
8. Effectiveness
This Settlement Agreement shall become effective on execution.
9. Attorneys’ Fee:
In any action of any kind relating to this Agreement and the enforcement thereof, the
prevailing party shall be entitled to collect reasonable attorneys’ fees and costs from the
non-prevailing party in addition to any other recovery to which the prevailing party is
entitled.
AGREEMENT
Robb Cheal and Ryan Cheal
2
—
By signature below, each of us acknowledges that each has read this
Agreement, and understands it and agrees to be bound by every term and condition
herein. %
fey/ ) 2015
ROBB eal Grantor
Dated: ih fe AUF
RYAN CHEAL,—
ALE. SS
Grantee
PLEASE SEE NOTARY
DOCUMENT ATTACHED
w WAS
AGREEMENT
Robb Cheal and Ryan-Cheal
3 z
EXHIBIT “A”
Real Property in the City of Chico, County of Butte, State of California, desctibed as follows:
LOT 21, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RIO CHICO SUBDIVISION ADJOINING
CHICO, BUTTE CO., CAL.” WHICH. MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 5, 1904, IN BOOK 4 OF MAPS, AT
PAGE(S) 59.
APN: 004-021-005
‘
ACKNOWLEDGMENT
State of California
Gounty of Bulle
On \ Sel) Ble before me, Bo gga
personally appeared Dol, E Cheal, Reo Chea. |
who proved to me.on the basis of satisfactory ‘evidence to be the person(s) whose name(s) isiare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the:laws of the State of California that the foregoing
paragraph is true and correct. ae
ez.)
WITNESS my hand and official seal.
in CE (Seal)
EXHIBIT C
a
HARA
RECORDING REQUESTED BY: a
= 19.00
writ tats
AND WHEN RECORDED MAILTO: t
- County Clerk-Recorder|
Rye ac. Cheat
02: 10PH O3-Hay-2013 | Page 1 of 2
Hillebere Ciccle
2 lies » CA Asn8e
‘SPACE ABOVE THIS LINE IS FOR RECORDER'S USE, seu
cee
AP.N.: 994-024-005 ‘Order No.: Escrow No.
GRANT DEED
DOCUMENTARY TRANSFER TAX $.
eter en teen meen
4 filddfol Dectarors or Agern dotermining tax-Firm Nama
eaamgarene
eeieinsaisaicmitetiosreetes bee cemsedennes remain fine of ce Val
Rite conside vethons are cats or mate han the valet,
cw
Sag PRIGANE athe aio aT ase OBA REDS
EE adthoNSAGE”
Robb Harrison Cheal
hereby GRANT(S),to
Ryan Cary Cheal
the real propertyin the Cityof Chico Countyof Butte State of Califomia, describedas:
831 Ris Chico Way Chico, California 95928
Clblhil
SANS
“Be
STATE OF CALIFORNI
COUNTY OF
fore me, Co, Ablic
Chea Robb Chea
who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s)
Is/are subscribed to the within Instrument and acknowledged to me that he/she/they
executed the same in his/herfthelr authorized capacity(les), and that by hls/heritheir
signatura(s) on the Instrument the person(s), or the entity upon behalfof which the person(s)
acted, executed the Instrument,
cartify under the PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph Is true and correct.
Cosamiesion
@ 1998120
Rotary Publle - Calfornia
Signatire Comm.
Mail tax statements to: Sanne. XAT alvove.
we
EXHIBIT “A”
described as follows:
Real Property in the City of Chico, County of Butte, State of California,
SUBDIVISION ADJOINING
LOT 21, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RIO CHICO
OF THE RECORDER OF
CHICO, BUTTE CO., CAL.” WHICH MAP WAS RECORDED IN THE OFFICE
BOOK4 OF MAPS, AT
THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 5, 1904, IN
PAGE(S) 59,
ss
APN; 004-021-005
EXHIBIT D
F Uy ofCalifomia F
County of Butte 1
1
L DEC 07 2021 L
E
D obldlage
ifElmaliah, Clerk
Depu!
D
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10 Robb Cheal,
Case No.163586
11 Plaintiff,
FINAL
12 STATEMENT OF
13 VS. DECISION
14
15 Ryan Cheal,
16 Defendant
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18
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This matter came on regularly for trial commencing on September 27, 2021, and
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21 continuing on September 28, and Oct. 18, 2021. The matter concluded on October 19, 2021,
22 in Department 6, Courtroom 2 of the above-entitled court, the Honorable Stephen E. Benson
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presiding. Ms. Stacie Lynn Power appeared on behalf of Plaintiff Robb Cheal and Mr. O’Neil
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Dennis appeared on behalf of Defendant Ryan Cheal.
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26 INTRODUCTION
27 Plaintiff Robb Cheal (hereinafter referred to as “Robb”) is the father of Defendant Ryan
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Cheal (hereinafter referred to as “Ryan”), his only child. This litigation is the culmination of
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the breakdown in communication between father and son tragically destroying the
relationship that at one time was what every father and son hopes -_ The demeanor of both
parties at trial reflected more sadness than anger or rancor.
The parties agree that the operative complaint is the Second Amended Complaint for
Damages filed August 15, 2016. By agreement the Second Cause of Action, Appointment of
Receiver is dismissed. The Third Cause of Action for Conversion is amended to read the two
sums certain; 1) $50,000.00 given to Defendant Ryan in the capacity of Trustee intended for
curing defaults on a trust property, and 2) the amount of $85,785.96 in net proceeds obtained
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by Defendant Ryan after foreclosure of the tax lien on the “Ranch” property. Additionally,
12 the phrase, “in excess of $100,000.00 in rental income.” is removed. Added, To the Prayer
13 for Relief at paragraph 3, a request for Rescission of the deed to 831 Rio Chico Way, Chico,
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CA.
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16 Objection to the Statement of Decision
17 Plaintiff filed Objection(s) to the Statement of Decision on Dec. 2, 2021 and
18 essentially reargues who is the most credible; Robb or Ryan. Implicit within the Court’s
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Statement of Decision is that both father and son lacked credibility. The trial court is not
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21 required to respond point by point to the issues posed in a request for statement of decision.
22 The court’s statement of decision is sufficient if it fairly discloses the court’s determination as
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to the ultimate facts and material issues in the case. People v. Casa Blanca Convalescent
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Homes, Inc. (1984) 159 Cal. App. 3d 509, 525, 206 Cal. Rptr. 164; Republic Indemnity Co. v.
25
26 Empire Builders Corp. (1985) 167 Cal. App. 3d 1163, 1167, 213
27 Plaintiff's Objection(s) to the Statement of Decision are overruled.
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The Claim for Financial Elder Abuse
Robb and Ryan’s mother separated when Ryan was young. Nevertheless, Robb and)
Ryan had a close relationship as Ryan was growing up. In Robb’s eyes Ryan was a “good kid”
and a “nice boy.” When Robb was in college he started building a real estate portfolio of renta
properties in and around Chico. As Ryan got ready for college, he too showed an interest in]
real estate as a career which pleased his father greatly. Ryan started his studies at City College
of San Francisco (never finishing) with a focus on property management. When he returned to
Chico to help his father, Robb intended on making him a full partner in his real estate
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11 investments and anticipated he would take responsibility for the everyday management of the
12 business. Robb owned various real properties with substantial encumbrances and loans tha'
13 presented challenging complex financial circumstances to manage.
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Robb is 77 years old. At all times he felt capable of handling his own affairs. He was
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16 highly educated with a M.A. in counseling and psychology. He has had vast experience as a
17 businessman, even owning a radio station at one time. He had started purchasing real estate
18 during his college years and by the time he had placed his assets into the Creekside Land
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Trust he had amassed real estate holdings in Butte County of well over one million dollars.
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21 He did not create his Trust because of any lack of capacity, rather because it was the prudent
22 course for a businessman to take. He was simply tired of the daily routine management of the
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Trust assets and wanted to leave everything to his son. He denied that he was forgetful at any
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time or had memory problems.
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26 On July 14, 2010, with the help of his estate planning attorney, Robb created the
27 Creekside Land Trust listing only real estate assets consisting of nine pieces of residential real!
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property, a mobile home park with acreage consisting of approximately 317 acres on.
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Helltown Road, Chico, and five parcels of unimproved real property in the Chico foothills .
Ryan was Robb’s sole heir. Ryan had shown promise as a partner and did assist his
father with the daily responsibility of property management. After meeting with his estate
planning attorney Robb appointed Ryan as the original Trustee and sole Beneficiary of the
Creekside Land Trust. In accordance with his estate plan, Robb placed his real estate assets
(but NOT his bank accounts) into the Trust. Ryan returned from San Francisco where he had
been in college working toward a degree in property management which very much pleased
his father. Ryan left college to return to Chico to help Robb with his business.
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ll
For a time, they worked together collecting rents, keeping mortgages paid, meeting
12 expenses, and keeping Quick Books updated. Unfortunately for the relationship, Ryan’s
13 work habits did not meet Robb’s expectations. Robb felt that Ryan wouldn’t listen to him
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even though he had supported him financially and had given him the Homewood (Tahoe)
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16 property to use for snowboarding and to manage. They continued to discuss the complex
17 mortgage financing of the properties and strategies to keep them out of foreclosure. Ryan
18 accompanied Robb to a bankruptcy attorney for consultation on how they could delay
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foreclosure on the properties in default. It was Robb’s intent to organize his affairs so as to
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21 give Ryan a “ head start” in life.
22 At some point, Robb became concerned about Ryan being involved in marijuana
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cultivation on the unimproved foothill property of the Trust. For whatever reason, Robb lost
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confidence in Ryan as Trustee and the relationship between father and son became more
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26 strained. Robb was convinced Ryan was involved in growing marijuana on Trust property.
27 On July 14, 2011, Robb had his attorney prepare Notice of Removal of Ryan Cheal
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Trustee and appointed his friend David Moncado successor Trustee with the expectation that
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he would help to convince Ryan not to be involved in the marijuana cultivation industry. On
December 22, 2011, David Moncado resigned and Robb re-appointed Ryan Trustee to serve
without bond. This demonstrates that at some level Robb continued to have trust and
confidence in Ryan’s abilities as his partner in the business.
As time went by tenant rents were not being consistently collected and accounted for,
property taxes were going unpaid, delinquent property tax notices were received on trust
property, and mortgages were not being paid. There was clearly a breakdown in
communication as to who was doing what in the business. Foreclosure was being threatened
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i by lenders. After the consultation with the bankruptcy attorney they took action to stay any
12 foreclosures on the properties in default. Ryan went to work to find re-financing for the
13 complex debt situation of the Trust properties. He had wan meetings with a private lender
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and facilitated communication for a bail out loan which proved successful. Ryan maintains he
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16 found prospective buyers for the Helltown Ranch properties (disputed by Robb). However, at|
17 trial Robb did not offer testimony from his real estate broker for the transaction. It remains
18 unclear who did what to facilitate and complete the Helltown Ranch transaction.
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Meanwhile, the father ~ son relationship continued to deteriorate. Robb replaced
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21 Ryan as Trustee again by appointing his bookkeeper Leslie A. Good in the Third Amendment
22 to the Creekside Land Trust dated April 14, 2010. Ms. Good sought to obtain all the Trust
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documents, including bank records, and books of account. She received almost nothing from
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Ryan. Ryan testified he gave her what he had. Except for the mention of Quick Books there
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26 is no evidence of any books of account, ledgers, or financial statements for the business.
27 Additionally, there is no evidence that a dedicated Creekside Land Trust bank account was
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ever set up at the inception of the Trust.
Robb has the burden of proof on Elder Financial Abuse and there is no substantial
evidence, nor any indication that the elements of Elder Financial Abuse have been met.
Robb’s claims of Financial Elder Abuse are denied. The Court makes a finding that at all
times Robb was of sound mind acting with capacity.
The Conversion
A. $50,000.00
The Third Case of Action for Conversion pertains to $50,000.00 given by Robb to
Ryan from his personal account. The parties have competing stories on how and why Robb
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1 came to give Ryan this money. Robb attempted to explain that the money came from his
12 personal account and not the Trust account because he”...thought he was the authorizing
13 party.” Ryan alleges that Robb’s bank accoun
Preview
Superios Court of Califomia CLAYTON B. ANDERSON SBN: 203126 County of Butte Jacobs, Anderson, Potter, Harvey & Cecil, LLP 20 Independence Circle Chico, CA 95973 (530)342-6144 1/30/2024 E Attorney for Ryan Cheal ‘Sharif Elmailah, Clerk . D \ Deputy Glectfonicaily FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF BUTTE 10 1 Ryan Cheal, ) Case No:24CV00367 12 Plaintiff, COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 13 4 VS. [C.C.P 760.010 et seq.; C.C.P. 762.060(a)] 15 Robb Harrison Cheal, Lesley A. Good, David 16 Moncada, the testate and intestate successors 17 of David Moncada, and all persons claiming by, through, or under him, GreenPoint Mortgage 18 Funding, Inc., Mortgage Electronic Registration Systems, Inc., Federal National Mortgage Hearing Date: 19 Association, Inc., Bank of America, N.A.,, all Hearing Time: 20 persons unknown, claiming any legal or equitable Depts.: tight, title, estate, lien, or interest in the property 21 described in the complaint adverse to Plaintiff's title, 22 Defendants. 23 24 Plaintiff alleges: 25 1 At all times covered by this matter, Plaintiff was and is a resident of Butte 26 County, California. 27 i 28 COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 1 2 Defendant, ROBB HARRISON CHEAL, a.k.a. ROBB CHEAL, a.k.a. ROBB H. CHEAL, is a resident of Butte County, California. 3 Defendant DAVID MONCADA is a resident of Butte County, California, 4. Defendant LESLEY A. GOOD is a resident of Marin County, California. 5 Individual Defendants designated as all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint, which creates a cloud on Plaintiff's title to the property are unknown to Plaintiff. 6. The Plaintiff is the owner of the real property located at 831 Rio Chico Way, Chico, Butte County, California, hereafter “subject real property”. The legal description of said propert 10 is attached hereto as Exhibit A. 1 7. The basis of Plaintiff's title to the property is the following: 12 (a) That certain Agreement Regarding Real Property entered into between Robb 13 Cheal, Grantor and Ryan Cheal, Plaintiff, as Grantee, dated May 1, 2013, and later recorded in the 14 Official Records of the County of Butte on May 24, 2022, Serial Number 2022-0018166. (See Exhibit 15 B) 16 (b) That certain Grant Deed recorded in the Official Records of the County of 17 Butte on May 3, 2013, Serial Number 2013-0017897. (See Exhibit C) 18 (c) The findings of the Butte County Superior Court, Case No.163586, wherein 19 the court found at page 8 lines 22 through 26 that the subject real property located at 831 Rio Chico 20 Way, Chico, California was owned by Plaintiff after receiving said property by gift transfer Grant Deed 21 by Trustee Lesley Good dated April 13, 2012, and recorded on April 13, 3012, Serial Number 2012- 22 0013231, and by gift transfer Grant Deed signed by Robb Cheal on May 1, 2013 and recorded on May 3. 23 2013, Serial No. 2013-0017897. (See Exhibit D) 24 This action is being brought to clear the title to the above-referenced real property. Plaintiff is 25 informed and believes that the parties indicated in the clouds on title are as follows: 26 Robb Harrison Cheal 27 2 Hillsboro Circle Chico, CA 95926 28 COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 2 David Moncada 14920 Woodland Park Dr. Forest Ranch, CA 95942 Lesley A. Good 50 Gustafson Ct. Novato, CA 94947 GreenPoint Mortgage Funding, Inc. C/O Becky DeGeorge CSC Lawyers Incorporating Services 2710 Gateway Oaks Dr. Sacramento, CA 95833 10 Mortgage Electronic Registration Systems, Inc. c/o Amanda Garcia i CT Corporation 330 N. Brand Blvd. 12 Glendale, CA 91203 13 Bank of America Corporation 14 c/o Amanda Garcia CT Corporation 15 330 N. Brand Blvd. 16 Glendale, CA 91203 17 Federal National Mortgage Association 535 Mission Street 18 San Francisco, CA 94107 19 20 8 An escrow has been established at Bidwell Title and Escrow Company, Chico, 21 California by Plaintiff for the purpose of obtaining a refinancing loan secured by the subject real 22 property. Plaintiff has been informed by Bidwell Title and Escrow Company, that clouds are present on 23 the title to the subject real property and that those clouds must be removed prior to the issuance of title 24 insurance and closure of escrow. 25 9 At issue in this complaint are Exceptions 11 through 17 of that certain 26 Preliminary Title Report prepared by Bidwell Title and Escrow Company, 500 Wall St., Chico, CA 27 95928. A copy of that Preliminary Title Report is attached hereto and made a part hereof as Exhibit E. 28 OMPLAINT FOR QUIET TITLE TO REAL PROPERTY 3) Representatives of the title company have indicated that Plaintiff must have Exceptions 11 through 17 explained, resolved and/or removed before any loan or sale transactions will be allowed to close escrow. 10. To establish the fee ownership of the subject property prior to it being transferred to Plaintiff, Plaintiff offers the following transactional timeline. (a) ROBB CHEAL obtained title to the subject property as a “Married Man as His Sole and Separate Property” pursuant to that certain Interspousal Transfer Grant Deed executed by JYL CHEAL, his wife, and recorded on October 16, 1996, in the Official Records of the Butte County Recorder, Serial No. 96-039289. (Exhibit F) (b). A Deed of Trust against the subject property was recorded in the Official 10 Records of the Butte County Recorder, Serial No. 2002-0003021 on January 22, 2002, to secure a loan i issued by GreenPoint Mortgage Funding, Inc., the Lender, to ROBB CHEAL, the Borrower, and 12 Mortgage Electronic Registration Systems, Inc. (“MERS”) as the Beneficiary. (See Exhibit G) 13 () A Notice of Default and Election to Sell Under Deed of Trust was 14 recorded in the Official Records of the Butte County Recorder, Serial No. 2006-003898 on June 16, 15 2006, by ReconTrust Company, N.A. as the Trustee under the Deed of Trust. (See Exhibit H) 16 ReconTrust Company, N.A. was a wholly owned subsidiary of Bank of America acting as nonjudicial 17 foreclosure trustee. As explained in section 11(f) below, this recording was probably premature and 18 required the correction filing described in section 11(h) below. Included in this Notice is a statement 19 that Countrywide Home Loans, Inc. is now the “lender”, presumably having taken ownership of the 20 original note issued by GreenPoint Mortgage Funding, Inc. At this point MERS remains the Trust Deed 21 Beneficiary of record. Plaintiff has been unable to discover other documentation verifying the transfer 22 of ownership of the original note from GreenPoint Mortgage Funding, Inc to Countrywide Home Loans, 23 Inc. Communications with Bank of America on behalf of Countrywide Home Loans, Inc., a wholly 24 owned subsidiary of Bank of America, yielded no results. Bank of America has stated that no pertinent 25 documentation exists. (See Exhibit I) 26 (d) A Substitution of Trustee was recorded in the Official Records of the 27 Butte County Recorder, Serial No. 2006-0048986 on September 21, 2006, by MERS, as Beneficiary. 28 Plaintiff alleges this recording appears to correct the Notice of Default and Election to Sell Under Deed COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 4 of Trust by ReconTrust Company, N.A., which was recorded prior to the time an actual Substitution of Trustee was executed and recorded by MERS. Hereafter, ReconTrust Company, N.A. is the Trustee of record. (See Exhibit J) () ReconTrust Company, N.A., Trustee under the Deed of Trust does record a Notice of Trustee’s Sale on September 21, 2006, in the Official Records of the Butte County Recorder, Serial No. 2006-0048987. (See Exhibit kK) @ On July 6, 2007, Countrywide Home Loans, Inc. records a Corporation Assignment of Deed of Trust/Mortgage in the Official Records of the Butte County Recorder, Serial No. 2007-0032444 wherein the assignee is the Federal National Mortgage Corporation, (“Fannie Mae’). At 10 this point, Fannie Mae becomes the Beneficiary of Record under the Deed of Trust. (See Exhibit L) 1 (g) On July 6, 2007, ReconTrust Company, N. A. records a Trustee’s Deed 12 Upon Sale in the Official Records of the Butte County Recorder, Serial No. 2007-0032445, which 13 transfers title to the subject real property to Fannie Mae, the Grantee. Fannie Mae is now the owner of 14 the subject real property. (See Exhibit M) 15 (h) On November 16, 2007, FANNIE MAE, as Quitclaimor, records a 16 Quitclaim Deed to ROBB CHEAL, an unmarried man, in the Official Records of the Butte County 17 Recorder, Serial No. 2007-0053677. ROBB CHEAL is now the fee owner of the property once again. 18 (See Exhibit N) 19 11. Plaintiff offers the following as explanations for each of the Preliminary Title Report 20 Exceptions 11 through 17: 21 (a) Exception 11: The Effect of a Trustee’s Deed Upon Sale. 22 As explained in paragraph 10(g) above, the effect of the Trustee’s Deed is to transfer fee 23 ownership of the real property from Countrywide Home Loans, Inc, which was presumably paid off 24 from the proceeds of the Trustee’s Sale, to Fannie Mae, the guarantor of the loan, which at that point 25 held fee title to the real property subject to Robb Cheal’s statutory right to redeem the property (Cal. 26 Code of Civil Procedure Section 729.030). 27 M 28 MW COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 5 (b) Exception 12: The Effect of a Quitclaim Deed. As explained in paragraph 10(h) above, Fannie Mae executed and recorded a Quitclaim Deed to ROBB CHEAL, an unmarried man, in the Official Records of the Butte County Recorder, Serial No. 2007-0053677. Although Plaintiff is unable to offer any proof, Plaintiff presumes that ROBB CHEAL was able to redeem the subject property from Fannie Mae, resulting in Fannie Mae Quit Claiming the property to ROBB CHEAL. At this point, ROBB is the fee owner of record of the subject real property. (c) Exception 13: The Effect of a Quitclaim Deed. On July 14, 2010, ROBB CHEAL, as Settlor, created the Creekside Land Trust. A copy of the Creekside Land Trust is attached hereto as Exhibit O. Also on July 14, 2010, ROBB CHEAL executed i0 a Quitclaim Deed, wherein he transferred all of his right, title and interest in the subject real property to 1 RYAN C. CHEAL as Trustee of the Creekside Land Trust. This Quitclaim Deed was recorded in the 12 Official Records of the Butte County Recorder, Serial No. 2010-0026411 on August 9. 2010. (See 13 Exhibit P) The Creekside Land Trust gives the Settlor the power to amend the trust during the Settlor’s 14 lifetime, (Section 2.02 of the trust), and the power to direct the Trustee regarding trust investments, 15 (Section 3.01 of the trust). The effect of the Quitclaim Deed was the effective transfer of title of the 16 subject real property from ROBB CHEAL, and unmarried man to RYAN CHEAL as Trustee of the 17 Creekside Land Trust. 18 (e) Exception 14: The Effect of a Grant Deed. 19 On July 14, 2011, ROBB CHEAL removed RYAN CHEAL as trustee of the Creekside Land 20 Trust by means of a NOTICE OF REMOVAL OF TRUSTEE OF THE CREEKSIDE LAND TRUST 21 addressed to RYAN C. CHEAL at 562 38" Avenue, San Francisco, CA 94121-2616. In this same 22 document, ROBB CHEAL appointed DAVID MONCADO, who is believed to be the same person as 23 DAVID MONCADA, who executed and signed the Grant Deed on July 21, 2011. (See Exhibit Q) 24 On July 15, 2011, DAVID MONCADA signed an ACCEPTANCE OF DUTIES AS SUCCESSOR 25 TRUSTEE OF THE CREEKSIDE LAND TRUST and acted as said successor trustee thereafter (See 26 Exhibit R) On July 21, 2011, DAVID MONCADA, executed a Grant Deed in which he as “Successor 27 Trustee of the Creekside Land Trust, Created July 14, 2010 who acquired title as Ryan C. Cheal, Trustee 28 of the Creekside Land Trust, Created July 14, 2010”, purportedly transferred title of the subject property COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 6 to David Moncada, Successor Trustee of the Creekside Land Trust, Created July 14, 2010, Grantee. David Moncada, in fact, did not acquire title to the subject real property as RYAN CHEAL. By way of clarification, however, the subject real property was originally transferred into the Creekside Land Trust by that certain Quitclaim Deed, Serial No. 2010-0026411, referred to above in which the Grantee was RYAN CHEAL, as the original trustee. On July 22, 2011, said Grant Deed was recorded in the Official Records of the Butte County Recorder, Serial No. 2011-0023577. (See Exhibit S) Plaintiff alleges that this unartfully drafted Grant Deed was intended simply to establish DAVID MONCADA, as the successor trustee of the Creekside Land Trust as to the subject real property. (f) Exception 15: The Effect of a Grant Deed. 10 On April 13, 2012, ROBB CHEAL, as settlor of the Creekside Land Trust, executed a Third Ll Amendment to the Creekside Land Trust in which he revoked prior appointments of trustee and 12 appointed LESLEY A. GOOD, as Trustee: In that same document, LESSLY A. GOOD accepted the 13 appointment as Trustee. (See Exhibit T) 14 On April 13, 2012, LESLEY A. GOOD, executed a Grant Deed in which she as Successor 15 Trustee of the Creekside Land Trust, Created July 14, 2010, who acquired title as Ryan C. Cheal, 16 Trustee of the Creekside Land Trust, Created July 14, 2010, purportedly grants title of various parcels of| 17 real property including the subject real property to Lesley A. Good, Successor Trustee of the Creekside 18 Land Trust, Created July 14, 2010, Grantee. On April 13, 2012, said Grant Deed was recorded in the 19 Official Records of the Butte County Recorder, Serial No. 2012-0013231. As explained in paragraph 20 11(e) above, like DAVID MANCADA, LESLEY A. GOOD did not acquire title to the subject real 21 property as RYAN CHEAL. By way of clarification again, the subject real property was originally 22 transferred into the Creekside Land Trust by that certain Quitclaim Deed, Serial No. 2010-0026411, 23 referred to above in which the Grantee was RYAN CHEAL, as the original trustee. Plaintiff alleges 24 that this unartfully drafted Grant Deed was intended simply to establish LESLEY A. GOOD, as 25 successor trustee of the Creekside Land Trust as to the subject real property. (See Exhibit U) 26 (g) Exception 16: The Effect of a Grant Deed. 27 On May 1, 2013, ROBB CHEAL (Robb Harrison Cheal), purported to grant title to the subject 28 real property to RYAN CARY CHEAL, outright and free of trust, by means of a Grant Deed executed COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 7 by ROBB CHEAL on May 1, 2013, and recorded in the Official Records of the Butte County, Serial No, 2033-0017897. (See Exhibit V) At the time of executing this Grant Deed, title to the subject real property was held in the name of LESLEY A. GOOD as Successor Trustee of the Creekside Land Trust, Created July 14, 2010. Because ROBB CHEAL did not have title to the subject real property at the time| he executed and recorded the Grant Deed, the Grant Deed had no force or effect and the title remained in the name of LESLEY A. GOOD as Successor Trustee of the Creekside Land Trust, Created July 14, 2010. (h) Exception 17: The Effect of a Grant Deed. Apparently, to make the grant of title of the subject property to RYAN CARY CHEAL effective, 10 on May 3, 2013, Lesley A. Good, as Successor Trustee of the Creekside Land Trust, Created July 14, 11 2010, executed a Quitclaim Deed that quitclaimed all of Creekside Land Trust’s title and ownership of 12 the subject real property to RYAN CHEAL, A Single Man, as His Sole and Separate Property. This 13 Quitclaim Deed was later recorded in the Official Records of Butte County, Serial No. 2013-0020792, 14 on May 23, 2013. (See Exhibit W) Plaintiff alleges that this Quitclaim Deed was effective and did 15 transfer title to the subject real property in fee to Ryan Cheal, outright and free of trust. 16 12. Plaintiff seeks to quiet title to the property as to all exceptions addressed herein. 17 WHEREFORE, Plaintiff prays for a findings and judgment as follows: 18 1 On November 16, 2007, ROBB CHEAL, an unmarried man, became the owner of 19 record of the subject property pursuant to the Quitclaim Deed recorded in the Official Records of the 20 Butte County Recorder, Serial No. 2007-0053677. 21 2 On July 14, 2010, ROBB CHEAL effectively quitclaims title of the subject real 22 property to RYAN C. CHEAL as Trustee of the Creekside Land Trust, pursuant to the Quitclaim Deed 23 recorded in the Official Records of the Butte County Recorder, Serial No. 2010-0026411. 24 3 On July 14, 2011, ROBB CHEAL effectively removed RYAN CHEAL as trustee 25 of the Creekside Land Trust pursuant to that Notice of Removal of Trustee of the Creekside Land Trust 26 and effectively appointed DAVID MONCADA successor trustee of the Creekside Land Trust pursuant 27 to the Notice and the Acceptance of Duties as Successor Trustee of the Creekside Land Trust executed 28 by DAVID MONCADO on July 15, 2011. COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 8 4. DAVID MONCADA effectively establishes himself as Successor Trustee of the Creekside Land Trust, pursuant to that certain Grant Deed recorded in the Official Records of the Butte County Recorder, Serial No. 2011-23577. 5 ROBB CHEAL, as settlor, amended the Creekside Land Trust on April 13, 2012. and in so doing he revoked prior appointments of trustee and effectively appointed LESLEY A. GOOD, as Trustee, effective April 13, 2012 6 LESLEY A. GOOD effectively established herself as Successor Trustee of the Creekside Land Trust, pursuant to that certain Grant Deed recorded in the Official Records of the Butte County Recorder, Serial No. 2012-0013231. As Successor Trustee of the Creekside Land Trust. 10 DAVID MONCADA executes a Grant Deed that granted title to LESLEY A. GOOD, Successor of the ll Creekside Land Trust, Created July 14, 2010. Plaintiff alleges that this unartfully drafted Grant Deed 12 was intended to transfer the title of the subject real property from DAVID MONCADA to LESLEY A 13 GOOD, as successor trustee. 14 7 The Grant Deed executed by ROBB CHEAL on May 1, 2013, and recorded in the 15 Official Records of the Butte County on May 3, 2013, Serial No. 2013-0017897 had no force or effect 16 upon the title to the subject real property. 17 8 The Quitclaim Deed executed by LESLEY A. GOOD as Successor Trustee of the 18 Creekside Land Trust on May 3, 2013, and recorded in the Official Records of Butte County, Serial No 19 2013-0020792, on May 23, 2013, effectively transferred title of the subject property to RYAN CHEAL, ZLE 20 as his sole and separate property. 21 Date / 22 Cc Ryan Cheal, Plaintiff 23 24 Attomey for Plaintiff 25 26 27 Clayton B. Anderson 28 COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 9 VERIFICATION I, RYAN CHEAL, am the Plaintiff in the above-entitled proceeding. I have read the foregoing complaint 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 them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: (Lia 10 IL GL RYAN ane ° 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR QUIET TITLE TO REAL PROPERTY 10 EXHIBIT A EXHIBIT A THE LAND REFERRED TO HEREIN 1S DESCRIBED AS FOLLO WS: ALL THAT CERTAIN REAL PROPERTY S| ITU, JATB IN THE CITY OF CALIFORNIA, DESCRIBED AS FOLLOWS: CHICO; COUNTY OF BUTTE, STATE OF LOT TWENTY-ONE (21) AS SHOWN ON THAT CERTAIN MAP ENTITL ED “RIO CHICO SUBDIVISION , ADJOINING CHICO, BUTTE CO,, CAL.” WHICH MAP WAS FILED RECORDER OF THE IN THE OFFICE OF THE COUNTY COUNTY OF B UTTE, STATE OF CALIFORNIA, ON APRIL m 1904 IN VOLUME 4 OF MAPS, AT PAGE 59. AP NO, 004-021-005 COMMONLY KNOWN AS: 831 RIO CHICO HAY CHICO, CA EXHIBIT B TRUER A 2022-0018 166 Recorded REC FEE 30,00 Recording Requested By: Officis) Recard: County of SB2 TAX 75.00 Ryan Cheat Butte CANDAGE J. GRUBES Caunty Clerk-Recarder And When Recorded Mail To: OLLLPM 24-May-2022 Page Lof 6 R yor Cheek East Lassen Avene 45 1080 Chics, CA ASt4F THIS SPACE FOR RECORDERS USE ONLY LAND CONTRACT A “i eon tw ok Rea ord "4 Re Xt Prperty Document Title THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional Recording Fee Applics) AGREEMENT REGARDING REAL PROPERTY THIS AGREEMENT is entered into between ROBB CHEAL aka ROBB HARRISON CHEAL aka ROBERT H. CHEAL, (hereinafter “Granter”) and RYAN CHEAL (hereinafter “Grantee”). RECITALS A. The subject property of this agreement is located in Butte County, California, and commonly known as 831 Rio Chico Way, Chico, California 95928; in the Grant Deed recorded April 13, 2012, at 01:07 p.m., in the Official Records of the County of Butte, Document Number: 2012-0013231; Assessor’s Parcel Number 004-021-005, a legal description is attached hereto and incorporated by reference, as Exhibit “A” (hereinafter the “Subject Property”). The subject property is currently part of trust estate of the Creekside Land Trust created on July 14, 2010. The settlor of the Creekside Land Trust is ROBB CHEAL and the successor trustee is LESLEY A. GOOD. The parties desire to enter into this Agreement whereby Grantor shall transfer his interest in the subject property to Grantee, for no valuable consideration, upon the terms and conditions set forth herein. AGREEMENT The parties hereto agree as follows: 1. INSTRUCTIONS TO SUCCESSOR TRUSTEE Grantor ROBB CHEAL acknowledges and warrants that he has the power, authority, and ability, as Settlor of the Creekside Land Trust created on July 14, 2010, to direct the Trustee of said Trust to sell, encumber, lease, manage, control, or dispose of any property held as part of the trust estate. Grantor hereby. agrees, within five (5) calendar days of the execution of this agreement, to instruct and authorize, in writing, the successor trustee to execute a Quitclaim Deed transferring the grantor’s interest in the subject property to Grantee RYAN CHEAL. Once the Quitclaim Deed is executed by the successor trustee, said instrument shall be returned to Grantee within five (5) calendar days so that it may be recorded by the Grantee. AGREEMENT Robb Cheal and Ryan Cheal 1 2. Consideration The parties hereto hereby acknowledge that this transfer of real property interest shall be ade for no valuable consideration. 3, Payment of Taxes Relating to the This Transfer Grantee RYAN CHEAL hereby agrees to be solely responsible for the payment of any taxes incurred as a result of this transfer. Specifically, Grantee shall be responsible for any transfer tax incurred, and/or any gift tax assessed to the Grantor. 4, Warranty of Capacity to Execute Agreement The parties, by signing below, represent and warrant that no other person or entity has or has had any interest in the property interests, rights, claims, demands, or obligations to in this Agreement, except as otherwise set forth herein, and that each party has not sold, assigned, transferred, conveyed or otherwise disposed of any of the property interests, rights, claims, demands, or obligations referred to in this Agreement. 5. Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between ROBB CHEAL and RYAN CHEAL with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. All prior communications, negotiations, stipulations and understandings, whether oral or written, are of no force nor effect and are superseded, except as referenced herein. 6. Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of California. 7, Additional Documents All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. Specifically, Grantor hereby agrees to execute and the Quitclaim Deed referenced above. 8. Effectiveness This Settlement Agreement shall become effective on execution. 9. Attorneys’ Fee: In any action of any kind relating to this Agreement and the enforcement thereof, the prevailing party shall be entitled to collect reasonable attorneys’ fees and costs from the non-prevailing party in addition to any other recovery to which the prevailing party is entitled. AGREEMENT Robb Cheal and Ryan Cheal 2 — By signature below, each of us acknowledges that each has read this Agreement, and understands it and agrees to be bound by every term and condition herein. % fey/ ) 2015 ROBB eal Grantor Dated: ih fe AUF RYAN CHEAL,— ALE. SS Grantee PLEASE SEE NOTARY DOCUMENT ATTACHED w WAS AGREEMENT Robb Cheal and Ryan-Cheal 3 z EXHIBIT “A” Real Property in the City of Chico, County of Butte, State of California, desctibed as follows: LOT 21, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RIO CHICO SUBDIVISION ADJOINING CHICO, BUTTE CO., CAL.” WHICH. MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 5, 1904, IN BOOK 4 OF MAPS, AT PAGE(S) 59. APN: 004-021-005 ‘ ACKNOWLEDGMENT State of California Gounty of Bulle On \ Sel) Ble before me, Bo gga personally appeared Dol, E Cheal, Reo Chea. | who proved to me.on the basis of satisfactory ‘evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the:laws of the State of California that the foregoing paragraph is true and correct. ae ez.) WITNESS my hand and official seal. in CE (Seal) EXHIBIT C a HARA RECORDING REQUESTED BY: a = 19.00 writ tats AND WHEN RECORDED MAILTO: t - County Clerk-Recorder| Rye ac. Cheat 02: 10PH O3-Hay-2013 | Page 1 of 2 Hillebere Ciccle 2 lies » CA Asn8e ‘SPACE ABOVE THIS LINE IS FOR RECORDER'S USE, seu cee AP.N.: 994-024-005 ‘Order No.: Escrow No. GRANT DEED DOCUMENTARY TRANSFER TAX $. eter en teen meen 4 filddfol Dectarors or Agern dotermining tax-Firm Nama eaamgarene eeieinsaisaicmitetiosreetes bee cemsedennes remain fine of ce Val Rite conside vethons are cats or mate han the valet, cw Sag PRIGANE athe aio aT ase OBA REDS EE adthoNSAGE” Robb Harrison Cheal hereby GRANT(S),to Ryan Cary Cheal the real propertyin the Cityof Chico Countyof Butte State of Califomia, describedas: 831 Ris Chico Way Chico, California 95928 Clblhil SANS “Be STATE OF CALIFORNI COUNTY OF fore me, Co, Ablic Chea Robb Chea who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/herfthelr authorized capacity(les), and that by hls/heritheir signatura(s) on the Instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the Instrument, cartify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Cosamiesion @ 1998120 Rotary Publle - Calfornia Signatire Comm. Mail tax statements to: Sanne. XAT alvove. we EXHIBIT “A” described as follows: Real Property in the City of Chico, County of Butte, State of California, SUBDIVISION ADJOINING LOT 21, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “RIO CHICO OF THE RECORDER OF CHICO, BUTTE CO., CAL.” WHICH MAP WAS RECORDED IN THE OFFICE BOOK4 OF MAPS, AT THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 5, 1904, IN PAGE(S) 59, ss APN; 004-021-005 EXHIBIT D F Uy ofCalifomia F County of Butte 1 1 L DEC 07 2021 L E D obldlage ifElmaliah, Clerk Depu! D SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 Robb Cheal, Case No.163586 11 Plaintiff, FINAL 12 STATEMENT OF 13 VS. DECISION 14 15 Ryan Cheal, 16 Defendant 17 18 19 This matter came on regularly for trial commencing on September 27, 2021, and 20 21 continuing on September 28, and Oct. 18, 2021. The matter concluded on October 19, 2021, 22 in Department 6, Courtroom 2 of the above-entitled court, the Honorable Stephen E. Benson 23 presiding. Ms. Stacie Lynn Power appeared on behalf of Plaintiff Robb Cheal and Mr. O’Neil 24 Dennis appeared on behalf of Defendant Ryan Cheal. 25 26 INTRODUCTION 27 Plaintiff Robb Cheal (hereinafter referred to as “Robb”) is the father of Defendant Ryan 28 Cheal (hereinafter referred to as “Ryan”), his only child. This litigation is the culmination of 1 the breakdown in communication between father and son tragically destroying the relationship that at one time was what every father and son hopes -_ The demeanor of both parties at trial reflected more sadness than anger or rancor. The parties agree that the operative complaint is the Second Amended Complaint for Damages filed August 15, 2016. By agreement the Second Cause of Action, Appointment of Receiver is dismissed. The Third Cause of Action for Conversion is amended to read the two sums certain; 1) $50,000.00 given to Defendant Ryan in the capacity of Trustee intended for curing defaults on a trust property, and 2) the amount of $85,785.96 in net proceeds obtained 10 11 by Defendant Ryan after foreclosure of the tax lien on the “Ranch” property. Additionally, 12 the phrase, “in excess of $100,000.00 in rental income.” is removed. Added, To the Prayer 13 for Relief at paragraph 3, a request for Rescission of the deed to 831 Rio Chico Way, Chico, 14 CA. 15 16 Objection to the Statement of Decision 17 Plaintiff filed Objection(s) to the Statement of Decision on Dec. 2, 2021 and 18 essentially reargues who is the most credible; Robb or Ryan. Implicit within the Court’s 19 Statement of Decision is that both father and son lacked credibility. The trial court is not 20 21 required to respond point by point to the issues posed in a request for statement of decision. 22 The court’s statement of decision is sufficient if it fairly discloses the court’s determination as 23 to the ultimate facts and material issues in the case. People v. Casa Blanca Convalescent 24 Homes, Inc. (1984) 159 Cal. App. 3d 509, 525, 206 Cal. Rptr. 164; Republic Indemnity Co. v. 25 26 Empire Builders Corp. (1985) 167 Cal. App. 3d 1163, 1167, 213 27 Plaintiff's Objection(s) to the Statement of Decision are overruled. 28 The Claim for Financial Elder Abuse Robb and Ryan’s mother separated when Ryan was young. Nevertheless, Robb and) Ryan had a close relationship as Ryan was growing up. In Robb’s eyes Ryan was a “good kid” and a “nice boy.” When Robb was in college he started building a real estate portfolio of renta properties in and around Chico. As Ryan got ready for college, he too showed an interest in] real estate as a career which pleased his father greatly. Ryan started his studies at City College of San Francisco (never finishing) with a focus on property management. When he returned to Chico to help his father, Robb intended on making him a full partner in his real estate 10 11 investments and anticipated he would take responsibility for the everyday management of the 12 business. Robb owned various real properties with substantial encumbrances and loans tha' 13 presented challenging complex financial circumstances to manage. 14 Robb is 77 years old. At all times he felt capable of handling his own affairs. He was 15 16 highly educated with a M.A. in counseling and psychology. He has had vast experience as a 17 businessman, even owning a radio station at one time. He had started purchasing real estate 18 during his college years and by the time he had placed his assets into the Creekside Land 19 Trust he had amassed real estate holdings in Butte County of well over one million dollars. 20 21 He did not create his Trust because of any lack of capacity, rather because it was the prudent 22 course for a businessman to take. He was simply tired of the daily routine management of the 23 Trust assets and wanted to leave everything to his son. He denied that he was forgetful at any 24 time or had memory problems. 25 26 On July 14, 2010, with the help of his estate planning attorney, Robb created the 27 Creekside Land Trust listing only real estate assets consisting of nine pieces of residential real! 28 property, a mobile home park with acreage consisting of approximately 317 acres on. 3 Helltown Road, Chico, and five parcels of unimproved real property in the Chico foothills . Ryan was Robb’s sole heir. Ryan had shown promise as a partner and did assist his father with the daily responsibility of property management. After meeting with his estate planning attorney Robb appointed Ryan as the original Trustee and sole Beneficiary of the Creekside Land Trust. In accordance with his estate plan, Robb placed his real estate assets (but NOT his bank accounts) into the Trust. Ryan returned from San Francisco where he had been in college working toward a degree in property management which very much pleased his father. Ryan left college to return to Chico to help Robb with his business. 10 ll For a time, they worked together collecting rents, keeping mortgages paid, meeting 12 expenses, and keeping Quick Books updated. Unfortunately for the relationship, Ryan’s 13 work habits did not meet Robb’s expectations. Robb felt that Ryan wouldn’t listen to him 14 even though he had supported him financially and had given him the Homewood (Tahoe) 15 16 property to use for snowboarding and to manage. They continued to discuss the complex 17 mortgage financing of the properties and strategies to keep them out of foreclosure. Ryan 18 accompanied Robb to a bankruptcy attorney for consultation on how they could delay 19 foreclosure on the properties in default. It was Robb’s intent to organize his affairs so as to 20 21 give Ryan a “ head start” in life. 22 At some point, Robb became concerned about Ryan being involved in marijuana 23 cultivation on the unimproved foothill property of the Trust. For whatever reason, Robb lost 24 confidence in Ryan as Trustee and the relationship between father and son became more 25 26 strained. Robb was convinced Ryan was involved in growing marijuana on Trust property. 27 On July 14, 2011, Robb had his attorney prepare Notice of Removal of Ryan Cheal 28 Trustee and appointed his friend David Moncado successor Trustee with the expectation that 4 he would help to convince Ryan not to be involved in the marijuana cultivation industry. On December 22, 2011, David Moncado resigned and Robb re-appointed Ryan Trustee to serve without bond. This demonstrates that at some level Robb continued to have trust and confidence in Ryan’s abilities as his partner in the business. As time went by tenant rents were not being consistently collected and accounted for, property taxes were going unpaid, delinquent property tax notices were received on trust property, and mortgages were not being paid. There was clearly a breakdown in communication as to who was doing what in the business. Foreclosure was being threatened 10 i by lenders. After the consultation with the bankruptcy attorney they took action to stay any 12 foreclosures on the properties in default. Ryan went to work to find re-financing for the 13 complex debt situation of the Trust properties. He had wan meetings with a private lender 14 and facilitated communication for a bail out loan which proved successful. Ryan maintains he 15 16 found prospective buyers for the Helltown Ranch properties (disputed by Robb). However, at| 17 trial Robb did not offer testimony from his real estate broker for the transaction. It remains 18 unclear who did what to facilitate and complete the Helltown Ranch transaction. 19 Meanwhile, the father ~ son relationship continued to deteriorate. Robb replaced 20 21 Ryan as Trustee again by appointing his bookkeeper Leslie A. Good in the Third Amendment 22 to the Creekside Land Trust dated April 14, 2010. Ms. Good sought to obtain all the Trust 23 documents, including bank records, and books of account. She received almost nothing from 24 Ryan. Ryan testified he gave her what he had. Except for the mention of Quick Books there 25 26 is no evidence of any books of account, ledgers, or financial statements for the business. 27 Additionally, there is no evidence that a dedicated Creekside Land Trust bank account was 28 ever set up at the inception of the Trust. Robb has the burden of proof on Elder Financial Abuse and there is no substantial evidence, nor any indication that the elements of Elder Financial Abuse have been met. Robb’s claims of Financial Elder Abuse are denied. The Court makes a finding that at all times Robb was of sound mind acting with capacity. The Conversion A. $50,000.00 The Third Case of Action for Conversion pertains to $50,000.00 given by Robb to Ryan from his personal account. The parties have competing stories on how and why Robb 10 1 came to give Ryan this money. Robb attempted to explain that the money came from his 12 personal account and not the Trust account because he”...thought he was the authorizing 13 party.” Ryan alleges that Robb’s bank accoun