On January 04, 2022 a
Motion,Ex Parte
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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2 ORIGINAL .
f“
F%[D
SUPERIOR COURT OF CAUFORNIA
COUNTY OF SAN BEHNARDiNO
Thomas N. Jacobson, State Bar #55 127
LAW OFFICES 0F THOMAS N. JACOBSON DEC 2 7 2023
1650 Iowa Ave., Suite 190
Riverside,
F: (951)
CA92507
T: (951) 682-7882
682-7884
BY
KNJsKA Eg
£13
}%
CUE-CASTRO. DEPUW
tom@tomjacobsonlaw.com
Attorneys for Defendants, Richard
OOOOQQKJIAWN—‘
And Candyce Bozner
SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO SAN BERNARDINO DISTRICT
—-
RICHARD BOZNER, CANDYCE E. ) CASE NO. CIVSB 2200084
BOZNER as TRUSTEES OF THE BOZNER )
FAMILY TRUST DATED DECEMBER l6, ) MEMORANDUM OF POINTS AND
1991, ) AUTHORITIES IN SUPPORT 0F
) MOTION T0 ENFORCE SETTLEMENT
Plaintiffs, ) AND FOR AWARD ()F SANCTIONS
7 I
)
vs. ) Date; pebfwdrv] Qg' 202“!
) Time: 8‘30 am
LUISNAVARRO. LILIA NAVARRO AS ) Dept.: $51
TRUSTEES OF THE NAVARRO TRUST )
DATED MAY 1, 2007, and DOES 1-100, )
inclusive, )
)
Defendants. )
)
I.
NNNNNNNNNH~MH~HHH~H
BACKGROUND
OOQQLh-waflooxflOM-PMNu—
The purpose of this Motion is to obtain thc Court’s intervention and compel Defendants t0
perform the Settlement Agreement and Mutual Release entered into and attached as Exhibit “A”.
Defendants own a multi-family rental unit located in Grand Terrace, California. Plaintiffs
own a vacant lot adjacent to Dcfcndants’ property and arc seeking to dcvclop tho property with a
multi-family residential unit.
When Plaintiffs purchased the property and began to look at the property for development,
Plaintiffs noticed that several features from Defendants’ property were encroaching onto Plaintiffs’
property, including a fence, awning, concrete, discharge water pipes and surface draining.
Plaintiffs attempting to engage Defendant, Luis Navarro, in conversation about removing the
Law OMocI of Thom: N -1-
hum
1‘50 Iowa Ava, Mu I90
lllvcrsltlc. CA 92507 MEMORANDUM OF POINTS AND AUTHORITIES TO ENFORCE SETTLEMENT
AGREEMENT AND FOR SANCTIONS
encroachment; however, Mr. Navarro became the proverbial bully and told Ms. Bozner to sue him
as hc wasn’t going t0 do anything unless shc had the courage to go to court and get a court order.
L.)
Plaintiffs could not obtain approval for development and clear title without removal of the
encroachmcnls, and because Mr. Navarro continued to refuse to cooperate in addressing the
encroachments, there was no alternative but to file this action. This action was filed on January 5,
2022. An Answer was filed on March 5, 2022.
ooooflamh
The City of Grand Terrace learned 0f the encroachments and became involved in seeking
to have Defendants remove the cncroachmcnts and comply with the setback requirements. One 0f
the glaring items that both the City and Plaintiffs were concerned about was the burying of a corner
marker in concrete that concealed the property line and corner marker 0F the respective properties.
11 After Mr. Navarro learned that Plaintiffs could not be bullied, he sought through counsel a
12 resolution of the matter. Plaintiffs and Defendants entered into thc settlement agreement attached
13 as Exhibit “A”.
l4 Defendants continued t0 play the role of thc bully. Defendants ignored the provisions of
15 the settlement agreement compelling them t0 complete the removal ofthe encroachments within
16 thirty (30) days. Defendants attempted to put up a different fence than the City would allow and
I7 had to back track on the fence. It took several months for the fence t0 be erected.
18 Defendants also took it upon themselves to have dumpsters placed on Plaintiffs’ property
I9 without I’laintiffs’ permission. When Ms. Bozner called the waste disposal company she learned
20 that Defendants advised the waste disposal company that Plaintiffs had given permission for the
21 dumpsters to be placed on the property. The dumpsters were being filled with concrete and other
22 waste materials from Defendants’ property, a clear risk of hazardous materials being dumped onto
23 Plaintiffs‘ property.
24 Though the City was now carefully watching Defendants, and Defendants were seeking
25 permits for the work they were doing on their property, Defendants did not correct either the
26 subsurface pipes dumping wastewatcr onto Plaintiffs’ property or channeling the surface water to
27 drain to a location other than 0n Plaintiffs’ property. Defendants did not comply with paragraphs
28 4.5 and 4.6 of the settlement agreement.
[,nw Office; of Thomas N -2-
Jacobson
IMO Iowa Sm:
Rwuu‘do,
Ava.
(‘A 92507
I90
MEMORANDUM 0F POINTS AND AUTHORITIES T0 ENFORCE SETTLEMENT
AGREEMENT AND FOR SANCTIONS
Document Filed Date
December 27, 2023
Case Filing Date
January 04, 2022
Category
Other Real Property Unlimited
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2 ORIGINAL . f“ F%[D SUPERIOR COURT OF CAUFORNIA COUNTY OF SAN BEHNARDiNO Thomas N. Jacobson, State Bar #55 127 LAW OFFICES 0F THOMAS N. JACOBSON DEC 2 7 2023 1650 Iowa Ave., Suite 190 Riverside, F: (951) CA92507 T: (951) 682-7882 682-7884 BY KNJsKA Eg £13 }% CUE-CASTRO. DEPUW tom@tomjacobsonlaw.com Attorneys for Defendants, Richard OOOOQQKJIAWN—‘ And Candyce Bozner SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO SAN BERNARDINO DISTRICT —- RICHARD BOZNER, CANDYCE E. ) CASE NO. CIVSB 2200084 BOZNER as TRUSTEES OF THE BOZNER ) FAMILY TRUST DATED DECEMBER l6, ) MEMORANDUM OF POINTS AND 1991, ) AUTHORITIES IN SUPPORT 0F ) MOTION T0 ENFORCE SETTLEMENT Plaintiffs, ) AND FOR AWARD ()F SANCTIONS 7 I ) vs. ) Date; pebfwdrv] Qg' 202“! ) Time: 8‘30 am LUISNAVARRO. LILIA NAVARRO AS ) Dept.: $51 TRUSTEES OF THE NAVARRO TRUST ) DATED MAY 1, 2007, and DOES 1-100, ) inclusive, ) ) Defendants. ) ) I. NNNNNNNNNH~MH~HHH~H BACKGROUND OOQQLh-waflooxflOM-PMNu— The purpose of this Motion is to obtain thc Court’s intervention and compel Defendants t0 perform the Settlement Agreement and Mutual Release entered into and attached as Exhibit “A”. Defendants own a multi-family rental unit located in Grand Terrace, California. Plaintiffs own a vacant lot adjacent to Dcfcndants’ property and arc seeking to dcvclop tho property with a multi-family residential unit. When Plaintiffs purchased the property and began to look at the property for development, Plaintiffs noticed that several features from Defendants’ property were encroaching onto Plaintiffs’ property, including a fence, awning, concrete, discharge water pipes and surface draining. Plaintiffs attempting to engage Defendant, Luis Navarro, in conversation about removing the Law OMocI of Thom: N -1- hum 1‘50 Iowa Ava, Mu I90 lllvcrsltlc. CA 92507 MEMORANDUM OF POINTS AND AUTHORITIES TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS encroachment; however, Mr. Navarro became the proverbial bully and told Ms. Bozner to sue him as hc wasn’t going t0 do anything unless shc had the courage to go to court and get a court order. L.) Plaintiffs could not obtain approval for development and clear title without removal of the encroachmcnls, and because Mr. Navarro continued to refuse to cooperate in addressing the encroachments, there was no alternative but to file this action. This action was filed on January 5, 2022. An Answer was filed on March 5, 2022. ooooflamh The City of Grand Terrace learned 0f the encroachments and became involved in seeking to have Defendants remove the cncroachmcnts and comply with the setback requirements. One 0f the glaring items that both the City and Plaintiffs were concerned about was the burying of a corner marker in concrete that concealed the property line and corner marker 0F the respective properties. 11 After Mr. Navarro learned that Plaintiffs could not be bullied, he sought through counsel a 12 resolution of the matter. Plaintiffs and Defendants entered into thc settlement agreement attached 13 as Exhibit “A”. l4 Defendants continued t0 play the role of thc bully. Defendants ignored the provisions of 15 the settlement agreement compelling them t0 complete the removal ofthe encroachments within 16 thirty (30) days. Defendants attempted to put up a different fence than the City would allow and I7 had to back track on the fence. It took several months for the fence t0 be erected. 18 Defendants also took it upon themselves to have dumpsters placed on Plaintiffs’ property I9 without I’laintiffs’ permission. When Ms. Bozner called the waste disposal company she learned 20 that Defendants advised the waste disposal company that Plaintiffs had given permission for the 21 dumpsters to be placed on the property. The dumpsters were being filled with concrete and other 22 waste materials from Defendants’ property, a clear risk of hazardous materials being dumped onto 23 Plaintiffs‘ property. 24 Though the City was now carefully watching Defendants, and Defendants were seeking 25 permits for the work they were doing on their property, Defendants did not correct either the 26 subsurface pipes dumping wastewatcr onto Plaintiffs’ property or channeling the surface water to 27 drain to a location other than 0n Plaintiffs’ property. Defendants did not comply with paragraphs 28 4.5 and 4.6 of the settlement agreement. [,nw Office; of Thomas N -2- Jacobson IMO Iowa Sm: Rwuu‘do, Ava. (‘A 92507 I90 MEMORANDUM 0F POINTS AND AUTHORITIES T0 ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS