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1 Barry L. Goldner, SBN 107126
R. Jeffrey Warren, SBN 266454
2 KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
3 10000 Stockdale Highway, Suite 200
Bakersfield, CA 93311
4 Telephone: 661-395-1000
Facsimile: 661-326-0418
5 Email: bgoldner@kleinlaw.com
jwarren@kleinlaw.com
6
Attorneys for Plaintiff SIGI TEHACHAPI, LLC
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF KERN
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SIGI TEHACHAPI, LLC, a Texas Limited Case No. BCV-23-103832
13 Liability Company,
JUDGMENT QUIETING TITLE TO
14 REAL PROPERTY
Plaintiff,
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v. Assigned to: Gina M. Cervantes
16 Dept.: L
Complaint Filed: 11/13/23
CLEARVISTA RANCH LLC, a California
17 Limited Liability Company;
18 CLEARVISTA ENERGY, LLC, a California
Limited Liability Company;
19 ALL PERSONS UNKNOWN, CLAIMING BY,
UNDER, OR THROUGH CLEARVISTA
20 ENERGY, LLC;
ALL PERSONS UNKNOWN, CLAIMING ANY
21 LEGAL OR EQUITABLE RIGHT, TITLE,
22 ESTATE, LIEN, OR INTEREST IN THE
PROPERTY DESCRIBED IN THE
23 COMPLAINT ADVERSE TO PLAINTIFF’S
TITLE, OR ANY CLOUD ON PLAINTIFF’S
24 TITLE
THERETO;
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and DOES 1 through 50, inclusive,
26
27 Defendant.
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Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL
PROPERTY
1 The Request for Court Judgment by Plaintiff, SIGI TEHACHAPI, LLC, a Texas Limited
2 Liability Company (“Plaintiff”), came on for a hearing at 8:30 a.m. on April 18, 2024 in
3 Department L of this Court, Plaintiff and their attorney, R. Jeffrey Warren, appeared.
4 After having reviewed and considered Plaintiff’s Request for Court Judgment; Plaintiff’s
5 Brief in Support; the Declaration of Kenneth Pratt; the Declaration of R. Jeffrey Warren; the
6 Compendium of Evidence; and after hearing the testimony an considered the evidence, and good
7 cause appearing, the Court FINDS as follows:
8 1. This action concerns two parcels of real property located in Kern County
9 California: Kern County APNs 223-052-11 (“Parcel 1”) and 2223-052-09 (“Parcel 2,” together,
10 the “Property”).
11 Parcel 1 (Kern County APN 223-052-11) is legally described as follows:
12 THE NORTH 15 ACRES OF THE SOUTH 30 ACRES OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH,
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RANGE 33 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED
14 AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT FOR THE SURVEY THEREOF.
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EXCEPTING THEREFROM ALL OIL RIGHTS IN THE EAST HALF OF THE
16 NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
36, WIHTOUT OBLIGATION TO THE GRANTEE THEREIN, THEIR
17
SUCCESSORS OR ASSIGNS, AND FURTHER RESERVING THE RIGHT TO
18 PROSPECT FOR OIL THEREON AT ANY TIME, AS RESERVED IN THE DEED
FROM EMIL TUCKER, RECORDED FEBRUARY 24, 1928 IN BOOK 215, PAGE
19 474 OF OFFICILA RECORDS.
20 Parcel 2 (Kern County APN 223-052-09) is legally described as follows:
21 THE NORTHWEST QUARTER AND THE NORTH 50 ACRES OF THE NORTH
HALF OF THE SOUTHWEST QUARTER ALL IN SECTION 36, TOWNSHIP 32
22 SOUTH, RANGE 33 EAST, MOUNT DIABLO MERIDIAN, IN THE
23 UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICILA PLAT THEREOF.
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EXCEPTING THEREFROM ALL OIL RIGHTS IN THE EAST HALF OF THE
25 NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
36, WITHOUT OBLIGATION TO THE GRANTEE HEREIN, THEIR
26 SUCCESSORS OR ASSIGNS, AND FURTHER RESERVING THE THE RIGHT
OT PROSPECT FOR OIL THEREON AT ANY TIME, AS RESERVEDI N THE
27
DEED FROM EMIL TUCKER, RECORDED FEBRUARY 24, 1928 IN BOOK 215,
28 PAGE 474 OF OFFICIAL RECORDS.
2
Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL
PROPERTY
1 2. In 2005, Pannon Design and Development, Inc., a California corporation
2 (“Pannon”) purchased the Property from Willow Springs of Tehachapi, LLC, a California limited
3 liability company.
4 3. Pannon entered into a Construction Loan Agreement with Estate Financial, Inc., a
5 California Corporation (“EFI”), which Construction Loan Agreement was secured by a
6 Construction Deed of Trust, Security Agreement and Assignment of Rents (the “EFI Deed of
7 Trust”), and recorded against the Property in January 2006.
8 4. In August 2006, Pannon deeded the property to a related entity: Clearvista Ranch,
9 LLC, a California limited liability company (“Clearvista Ranch”), subject to the EFI Deed of
10 Trust.
11 5. In October 2012, Clearvista Ranch entered into a Site Lease of the Property with a
12 related entity: Clearvista Energy, LLC, a California limited liability company (“Clearvista
13 Energy”), which Site Lease was memorialized by two Memorandum of Lease documents
14 recorded in June 2014 as Doc. Nos. 214074623 and 214074624 in the Kern County Recorder’s
15 Office.
16 6. On February 11, 2015, First American Title Insurance Company, as trustee of the
17 EFI Deed of Trust, conducted a duly notice and authorized nonjudicial foreclosure sale,
18 foreclosing the EFI Deed of Trust. EFI was the successful bidder at the nonjudicial foreclosure
19 sale.
20 7. At the time of the nonjudicial foreclosure sale, EFI was proceeding through a
21 Chapter 11 bankruptcy in the United States Bankruptcy Court, Central District of California,
22 Northern Division, Case No. 9:08-bk-11457-DS. Because EFI was in bankruptcy, its assets were
23 under care of the Chapter 11 Trustee for EFI. On February 12, 2015, First American Title
24 Insurance Company, as trustee of the EFI Deed of Trust, executed a Trustees Deed Upon Sale,
25 conveying the Property to the Chapter 11 Trustee for EFI as the successful bidder at the
26 nonjudicial foreclosure sale.
27 8. In 2015, Stockdale Investment Group, Inc. negotiated with the Chapter 11 Trustee
28 for EFI to purchase the Property. After acceptable terms were negotiated, on February 22, 2016,
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Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL
PROPERTY
1 the Bankruptcy Court authorized the sale of the Property to “Stockdale Investment Group, Inc. or
2 assignee.” On March 4, 2016, the EFI Bankruptcy Trustee conveyed the Property from the EFI
3 Bankruptcy Estate to Plaintiff.
4 NOW, THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ADJUDGED,
5 ORDERED, AND DECREED, that:
6 A. Plaintiff’s request for Declaratory Relief is GRANTED: By virtue of the
7 nonjudicial foreclosure of the EFI Deed of Trust and conveyance of the property by First
8 American Title Company, as trustee of the EFI Deed of Trust, to the Chapter 11 Trustee for EFI
9 as the successful bidder at the nonjudicial foreclosure sale:
10 1. Clearvista Ranch’s fee interest in the Property was extinguished;
11 2. Clearvista Energy’s leasehold interest, and the leasehold interest of any person
12 or entity claiming by, under, or through Clearvista Energy, were extinguished;
13 3. Any claim, right, title, estate, lien, or interest of Clearvista Ranch, Clearvista
14 Energy, and any person or entity claiming by, under, or through either
15 Clearvista Ranch or Clearvista Energy, in or to the Property, was
16 exstinguished;
17 4. The memoranda of lease recorded as Kern County Recorder Doc Nos.
18 214074623 and 214074624 are no longer a cloud on title to the Property; and
19 5. Clearvista Ranch and Clearvista Energy have no claim, right, title, estate, lien,
20 or interest in or to the Property.
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22 ///
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24 ///
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26 ///
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28 ///
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Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL
PROPERTY
1 B. Plaintiff’s request to Quiet Title is GRANTED:
2 1. As of February 12, 2015, neither Clearvista Ranch, Clearvista Energy, nor any
3 person or entity claiming by, under, or through either Clearvista Ranch or
4 Clearvista Energy, have any claim, right, title, estate, lien, or interest in or to
5 the Property;
6 2. As of the date of entry of judgment, Plaintiff’s right, title, and interest in the
7 Property is superior to any interest claimed by any defendant in this suit.
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9 IT IS SO ORDERED.
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Dated: March _____, 2024
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___________________________________
12 HON. GINA M. CERVANTES
JUDGE OF THE SUPERIOR COURT
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Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL
PROPERTY
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1 Barry L. Goldner, SBN 107126 R. Jeffrey Warren, SBN 266454 2 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 3 10000 Stockdale Highway, Suite 200 Bakersfield, CA 93311 4 Telephone: 661-395-1000 Facsimile: 661-326-0418 5 Email: bgoldner@kleinlaw.com jwarren@kleinlaw.com 6 Attorneys for Plaintiff SIGI TEHACHAPI, LLC 7 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF KERN 12 SIGI TEHACHAPI, LLC, a Texas Limited Case No. BCV-23-103832 13 Liability Company, JUDGMENT QUIETING TITLE TO 14 REAL PROPERTY Plaintiff, 15 v. Assigned to: Gina M. Cervantes 16 Dept.: L Complaint Filed: 11/13/23 CLEARVISTA RANCH LLC, a California 17 Limited Liability Company; 18 CLEARVISTA ENERGY, LLC, a California Limited Liability Company; 19 ALL PERSONS UNKNOWN, CLAIMING BY, UNDER, OR THROUGH CLEARVISTA 20 ENERGY, LLC; ALL PERSONS UNKNOWN, CLAIMING ANY 21 LEGAL OR EQUITABLE RIGHT, TITLE, 22 ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE 23 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD ON PLAINTIFF’S 24 TITLE THERETO; 25 and DOES 1 through 50, inclusive, 26 27 Defendant. 28 Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL PROPERTY 1 The Request for Court Judgment by Plaintiff, SIGI TEHACHAPI, LLC, a Texas Limited 2 Liability Company (“Plaintiff”), came on for a hearing at 8:30 a.m. on April 18, 2024 in 3 Department L of this Court, Plaintiff and their attorney, R. Jeffrey Warren, appeared. 4 After having reviewed and considered Plaintiff’s Request for Court Judgment; Plaintiff’s 5 Brief in Support; the Declaration of Kenneth Pratt; the Declaration of R. Jeffrey Warren; the 6 Compendium of Evidence; and after hearing the testimony an considered the evidence, and good 7 cause appearing, the Court FINDS as follows: 8 1. This action concerns two parcels of real property located in Kern County 9 California: Kern County APNs 223-052-11 (“Parcel 1”) and 2223-052-09 (“Parcel 2,” together, 10 the “Property”). 11 Parcel 1 (Kern County APN 223-052-11) is legally described as follows: 12 THE NORTH 15 ACRES OF THE SOUTH 30 ACRES OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, 13 RANGE 33 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED 14 AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT FOR THE SURVEY THEREOF. 15 EXCEPTING THEREFROM ALL OIL RIGHTS IN THE EAST HALF OF THE 16 NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, WIHTOUT OBLIGATION TO THE GRANTEE THEREIN, THEIR 17 SUCCESSORS OR ASSIGNS, AND FURTHER RESERVING THE RIGHT TO 18 PROSPECT FOR OIL THEREON AT ANY TIME, AS RESERVED IN THE DEED FROM EMIL TUCKER, RECORDED FEBRUARY 24, 1928 IN BOOK 215, PAGE 19 474 OF OFFICILA RECORDS. 20 Parcel 2 (Kern County APN 223-052-09) is legally described as follows: 21 THE NORTHWEST QUARTER AND THE NORTH 50 ACRES OF THE NORTH HALF OF THE SOUTHWEST QUARTER ALL IN SECTION 36, TOWNSHIP 32 22 SOUTH, RANGE 33 EAST, MOUNT DIABLO MERIDIAN, IN THE 23 UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICILA PLAT THEREOF. 24 EXCEPTING THEREFROM ALL OIL RIGHTS IN THE EAST HALF OF THE 25 NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, WITHOUT OBLIGATION TO THE GRANTEE HEREIN, THEIR 26 SUCCESSORS OR ASSIGNS, AND FURTHER RESERVING THE THE RIGHT OT PROSPECT FOR OIL THEREON AT ANY TIME, AS RESERVEDI N THE 27 DEED FROM EMIL TUCKER, RECORDED FEBRUARY 24, 1928 IN BOOK 215, 28 PAGE 474 OF OFFICIAL RECORDS. 2 Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL PROPERTY 1 2. In 2005, Pannon Design and Development, Inc., a California corporation 2 (“Pannon”) purchased the Property from Willow Springs of Tehachapi, LLC, a California limited 3 liability company. 4 3. Pannon entered into a Construction Loan Agreement with Estate Financial, Inc., a 5 California Corporation (“EFI”), which Construction Loan Agreement was secured by a 6 Construction Deed of Trust, Security Agreement and Assignment of Rents (the “EFI Deed of 7 Trust”), and recorded against the Property in January 2006. 8 4. In August 2006, Pannon deeded the property to a related entity: Clearvista Ranch, 9 LLC, a California limited liability company (“Clearvista Ranch”), subject to the EFI Deed of 10 Trust. 11 5. In October 2012, Clearvista Ranch entered into a Site Lease of the Property with a 12 related entity: Clearvista Energy, LLC, a California limited liability company (“Clearvista 13 Energy”), which Site Lease was memorialized by two Memorandum of Lease documents 14 recorded in June 2014 as Doc. Nos. 214074623 and 214074624 in the Kern County Recorder’s 15 Office. 16 6. On February 11, 2015, First American Title Insurance Company, as trustee of the 17 EFI Deed of Trust, conducted a duly notice and authorized nonjudicial foreclosure sale, 18 foreclosing the EFI Deed of Trust. EFI was the successful bidder at the nonjudicial foreclosure 19 sale. 20 7. At the time of the nonjudicial foreclosure sale, EFI was proceeding through a 21 Chapter 11 bankruptcy in the United States Bankruptcy Court, Central District of California, 22 Northern Division, Case No. 9:08-bk-11457-DS. Because EFI was in bankruptcy, its assets were 23 under care of the Chapter 11 Trustee for EFI. On February 12, 2015, First American Title 24 Insurance Company, as trustee of the EFI Deed of Trust, executed a Trustees Deed Upon Sale, 25 conveying the Property to the Chapter 11 Trustee for EFI as the successful bidder at the 26 nonjudicial foreclosure sale. 27 8. In 2015, Stockdale Investment Group, Inc. negotiated with the Chapter 11 Trustee 28 for EFI to purchase the Property. After acceptable terms were negotiated, on February 22, 2016, 3 Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL PROPERTY 1 the Bankruptcy Court authorized the sale of the Property to “Stockdale Investment Group, Inc. or 2 assignee.” On March 4, 2016, the EFI Bankruptcy Trustee conveyed the Property from the EFI 3 Bankruptcy Estate to Plaintiff. 4 NOW, THEREFORE, GOOD CAUSE APPEARING, IT IS HEREBY ADJUDGED, 5 ORDERED, AND DECREED, that: 6 A. Plaintiff’s request for Declaratory Relief is GRANTED: By virtue of the 7 nonjudicial foreclosure of the EFI Deed of Trust and conveyance of the property by First 8 American Title Company, as trustee of the EFI Deed of Trust, to the Chapter 11 Trustee for EFI 9 as the successful bidder at the nonjudicial foreclosure sale: 10 1. Clearvista Ranch’s fee interest in the Property was extinguished; 11 2. Clearvista Energy’s leasehold interest, and the leasehold interest of any person 12 or entity claiming by, under, or through Clearvista Energy, were extinguished; 13 3. Any claim, right, title, estate, lien, or interest of Clearvista Ranch, Clearvista 14 Energy, and any person or entity claiming by, under, or through either 15 Clearvista Ranch or Clearvista Energy, in or to the Property, was 16 exstinguished; 17 4. The memoranda of lease recorded as Kern County Recorder Doc Nos. 18 214074623 and 214074624 are no longer a cloud on title to the Property; and 19 5. Clearvista Ranch and Clearvista Energy have no claim, right, title, estate, lien, 20 or interest in or to the Property. 21 22 /// 23 24 /// 25 26 /// 27 28 /// 4 Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL PROPERTY 1 B. Plaintiff’s request to Quiet Title is GRANTED: 2 1. As of February 12, 2015, neither Clearvista Ranch, Clearvista Energy, nor any 3 person or entity claiming by, under, or through either Clearvista Ranch or 4 Clearvista Energy, have any claim, right, title, estate, lien, or interest in or to 5 the Property; 6 2. As of the date of entry of judgment, Plaintiff’s right, title, and interest in the 7 Property is superior to any interest claimed by any defendant in this suit. 8 9 IT IS SO ORDERED. 10 Dated: March _____, 2024 11 ___________________________________ 12 HON. GINA M. CERVANTES JUDGE OF THE SUPERIOR COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Proposed Judgment.docx JUDGMENT QUIETING TITLE TO REAL PROPERTY