On January 04, 2022 a
Motion-Secondary
was filed
involving a dispute between
Richard Bozner, Candyce E. Bozner As Trustees Of The Bozner Family Trust Dated December 16, 1991,
and
Does 1 Through 100,
Lilia Navarro, As Trustee Of The Navarro Trust Dated May 1, 2007,
Luis Navarro, As Trustee Of The Navarro Trust Dated May 1, 2007,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
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\q OR|GINAL x.
FACXE®
F LEDI
Th omas N Jacobson Slgfimgs 89$; gggckglgzg“
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.
LAW OFFICES 0F THOMAS N. JACOBSON
, State Bar #55127
3“" “WWW 0'57“"
1650 Iowa Ave., Suite 190
Riverside, CA
92507 FEB 2 1 .7025
T: (951) 682-7882
F: (951) 682-7884 ‘
tom@tomjacobsonlaw.com BY k-r
GREG TREIHAHT. DEPUW
Attorneys for Defendants, Richard
And Candyce Bozner
OOOQOMAUJN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT
RICHARD BOZNER, CANDYCE E. CASE NO. CIVSB 2200084
BOZNER as TRUSTEES OF THE BOZNER
FAMILY TRYUST DATED DECEMBER 16, DECLARATION OF CANDYCE
#_—-n
1991, BOZNER IN REPLY TO OPPOSITION
N—‘O
TO ENFORCE SETTLEMENT
Plaintiffs, AGREEMENT
vs. Date: February 28, 2024
fl
La)
VVVVVVVVVVVVVVVV
Time: 8:30 AM
LUIS NAVARRO, LILIANAVARRO AS Dept: S-32
TRUSTEES OF THE NAVARRO TRUST
pd—u—A
DATED MAY 1, 2007, and DOES 1—100,
Omfi
inclusive,
Defendants.
”\l
H—
I, Candyce Bozner, declare as follows:
_.
\O 1. I am one of the trustees of the Plaintiff Trust. If called upon to testify I would
NO testify as set forth herein. A1] of the matters set forth herein are within my personal knowledge
N _.
and experience.
2. The Trust entered into a settlement agreement with Defendants. A copy of the
NN DIN
settlement agreement is attached hereto as Exhibit “A”.
N¢ 3. Attach as Exhibit “B” is a photograph I took in June 2023 showing the area where
N LII
the open pipe is today discharging onto our property and also showing the wet ground around the
N ON drainage area establishing that water is continuing to be discharged onto our property. Since the
Nfl time we filed our initial motion there have been several rainy days.
N 00
Law Officu o!“mu N.
Jacobwn
I650[m Ava. Sure [90 ' 1 "
Rimidc.CA 92507
DECLARATION OF CANDYCE BOZNER
4. Attached as Exhibit “C” is a photograph I took in June 2023 of the swale and
concrete draining into the swale. The swale and concrete have not been in any manner altered
since when I took the picture. The photograph clearly shows the swale as the low point and area
receiving the water. The swale is sloped t0 drain water onto my propeny.
5. Attached hereto as Exhibit “D” are a series of photographs showing that Defendants
OWNQM-hWN
have not done anything to stop the flow of water onto our property. All of these photographs were
taken following the submittal of the Motion.
6. I have personally gone to the property when it is raining and water is flowing from
the Navarro property onto our property. I have personally observed the water originating on the
10 Navarro property, following the concrete swale on the Navarro property toward my property and
ll discharging onto my property. The method by which the Navarros installed the swale aims the
12 water directly toward my property and the concrete allows the water to pick up speed before it
13 comes underneath the fence and begins running down my property, causing erosion and water
l4 damage. A photograph showing the swale is attached as Exhibit “D”
15 7. I have reviewed the Opposition and it claims that a French Drain installed by the
16 Navarros cures any problem of water flowing onto my property. This is false. I have examined
17 the French Drain and had my civil engineer examine it with me. I also had Jimmy Williams
18 perform a licensed land survey property and it established the low point as the same area in which
l9 the photographs depict the water shooting onto my property. He determined as part of his survey
20 the low point is at the point where the water is shown in the photographs as exiting onto our
21 property. The point where the swale dumps water onto my property is a low point on the fence
22 line between my property and the Navarro property. The fence does not touch the ground, as is
23 apparent from reviewing the pictures. It is also the low point of the French Drain which results in
24 two problems:
25 a. By its very nature a French Drain has holes in it. When the low point ofthe
26 French Drain is filled with water the water escapcs through the holes.
27
28
Law Offices o!
JIcoboon
Tm N‘
_ 2 -
1650 lawn Ava. Suite 190
Riverside. CA 92507
DECLARATION OF CANDYCE BOZNER
Document Filed Date
February 21, 2024
Case Filing Date
January 04, 2022
Category
Other Real Property Unlimited
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\q OR|GINAL x. FACXE® F LEDI Th omas N Jacobson Slgfimgs 89$; gggckglgzg“ ,_a . LAW OFFICES 0F THOMAS N. JACOBSON , State Bar #55127 3“" “WWW 0'57“" 1650 Iowa Ave., Suite 190 Riverside, CA 92507 FEB 2 1 .7025 T: (951) 682-7882 F: (951) 682-7884 ‘ tom@tomjacobsonlaw.com BY k-r GREG TREIHAHT. DEPUW Attorneys for Defendants, Richard And Candyce Bozner OOOQOMAUJN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT RICHARD BOZNER, CANDYCE E. CASE NO. CIVSB 2200084 BOZNER as TRUSTEES OF THE BOZNER FAMILY TRYUST DATED DECEMBER 16, DECLARATION OF CANDYCE #_—-n 1991, BOZNER IN REPLY TO OPPOSITION N—‘O TO ENFORCE SETTLEMENT Plaintiffs, AGREEMENT vs. Date: February 28, 2024 fl La) VVVVVVVVVVVVVVVV Time: 8:30 AM LUIS NAVARRO, LILIANAVARRO AS Dept: S-32 TRUSTEES OF THE NAVARRO TRUST pd—u—A DATED MAY 1, 2007, and DOES 1—100, Omfi inclusive, Defendants. ”\l H— I, Candyce Bozner, declare as follows: _. \O 1. I am one of the trustees of the Plaintiff Trust. If called upon to testify I would NO testify as set forth herein. A1] of the matters set forth herein are within my personal knowledge N _. and experience. 2. The Trust entered into a settlement agreement with Defendants. A copy of the NN DIN settlement agreement is attached hereto as Exhibit “A”. N¢ 3. Attach as Exhibit “B” is a photograph I took in June 2023 showing the area where N LII the open pipe is today discharging onto our property and also showing the wet ground around the N ON drainage area establishing that water is continuing to be discharged onto our property. Since the Nfl time we filed our initial motion there have been several rainy days. N 00 Law Officu o!“mu N. Jacobwn I650[m Ava. Sure [90 ' 1 " Rimidc.CA 92507 DECLARATION OF CANDYCE BOZNER 4. Attached as Exhibit “C” is a photograph I took in June 2023 of the swale and concrete draining into the swale. The swale and concrete have not been in any manner altered since when I took the picture. The photograph clearly shows the swale as the low point and area receiving the water. The swale is sloped t0 drain water onto my propeny. 5. Attached hereto as Exhibit “D” are a series of photographs showing that Defendants OWNQM-hWN have not done anything to stop the flow of water onto our property. All of these photographs were taken following the submittal of the Motion. 6. I have personally gone to the property when it is raining and water is flowing from the Navarro property onto our property. I have personally observed the water originating on the 10 Navarro property, following the concrete swale on the Navarro property toward my property and ll discharging onto my property. The method by which the Navarros installed the swale aims the 12 water directly toward my property and the concrete allows the water to pick up speed before it 13 comes underneath the fence and begins running down my property, causing erosion and water l4 damage. A photograph showing the swale is attached as Exhibit “D” 15 7. I have reviewed the Opposition and it claims that a French Drain installed by the 16 Navarros cures any problem of water flowing onto my property. This is false. I have examined 17 the French Drain and had my civil engineer examine it with me. I also had Jimmy Williams 18 perform a licensed land survey property and it established the low point as the same area in which l9 the photographs depict the water shooting onto my property. He determined as part of his survey 20 the low point is at the point where the water is shown in the photographs as exiting onto our 21 property. The point where the swale dumps water onto my property is a low point on the fence 22 line between my property and the Navarro property. The fence does not touch the ground, as is 23 apparent from reviewing the pictures. It is also the low point of the French Drain which results in 24 two problems: 25 a. By its very nature a French Drain has holes in it. When the low point ofthe 26 French Drain is filled with water the water escapcs through the holes. 27 28 Law Offices o! JIcoboon Tm N‘ _ 2 - 1650 lawn Ava. Suite 190 Riverside. CA 92507 DECLARATION OF CANDYCE BOZNER