Preview
JEFFREY N. WILLIAMS (SBN 274008)
‘will
wfslaw.com,
SHANONJ. MCGINNIS (SBN 284234)
smoginnis@wfslaw.com
WARGO FRENCH & SINGER LLP
445 S. Figueroa Street, 31° Foor
Los Angeles, Califomia 90071
Telephone: (310) 853-6300
Facsimile: (310) 853-6333
Attol for Plaintiff Deutsche Bank National Trust Cor , aS Indenture Trustee, on behalfof
the hol of the Aames Mortgage Investment Trust 2006-1, Mortgage Backed Notes
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF KERN
10
DEUTSCHE BANK NATIONAL TRUST
11 COMPANY, AS INDENTURE TRUSTEE, ON Case No.
BEHALF OF THE HOLDERS OF THE AAMES
12 MORTGAGE INVESTMENT TRUST 2006-1,
MORTGAGE-BACKED NOTES COMPLAINT FOR REFORMATION,
13 DECLARATORY RELIFF, and
Plaintiff, EQUITABLE RELIEF
14
vs.
15
CHRISTY BOWSER, an individual; CARLA
MITTS, in her individual capaci and as
16
Successor Trustee of the Jim lone Revocable
17 Trust dated June 13, 2007; KATE MALONE, an
individual; THE TESTATE AND INTESTATE
18 SUCCESSORS OF JAMES FREDERICK
MALONE AND ALL PERSONS CLAIMING
19 BY, THROUGH, OR UNDER SUCH
DECEDENT, and DOES 1-10, inclusive,
20
Defendants.
21
22
23
24
25
26
27
28
COMPLAINT
Plaintiff Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders
of the Aames Mortgage Investment Trust 2006-1, Mortgage Backed Notes (the “Trust”), by and
through its undersigned counsel, alleges as follows:
NATURE OF THE ACTION
1 Pursuant
to Cal. Civ. Code § 3399
and Cal. Civ. Proc. § 1060, the Trust brings
this
Complaint to (1) reform the legal description of a certain quitclaim deed and deed of trust relatingto
the real property commonly known as 311 Gamsey Ave, Bakersfield, CA 93309, APN Number 020-
210-11 (the “Property”) on the grounds of mutual mistake to reflect the correct legal description and
APN Number for the Property as intended by the parties; and (2) obtain declaratory
judgment that the
10 Trust has a valid first-lien interest in the subject Property; or (3) in the altemative, impose an equitable
11 lien and/or constructive trust on the Property in the Trust’s favor in the amount of at least $248,936.01
12 (the “Loan Balance”), plus interest and costs.
13 PARTIES, JURISDICTION, AND VENUE
14 2. The trustee of the Trust, Deutsche Bank National Trust Company, is a national banking
15 association with its principal office in Califomia.
16 3. The Trust is informed and believes, and thereon alleges, that Christy Bowser is an
17 individual domiciled in the state of Califomia.
18 4. The Trust is informed
and believes, and thereon alleges, that Carla Mitts is an individual
19 domiciled in the state of Califomia. The Trust also is informed and believes, and thereon alleges, that
20 Carla Mitts is the successor trustee of the of the Jim Malone Revocable Trust dated June 13, 2007.
21 5. The Trust is informed and believes, and thereon alleges, that Kate Malone is an
22 individual domiciled in the District of Columbia. The Trust also is informed and believes, and thereon!
23 alleges, that Kate Malone has soughtto become the successor in interest of James Malone under the
24 Loan, Note, and/or 2006 Deed of Trust (defined herein).
25 6. The Trust is informed and believes, and thereon alleges, that the testate and intestate
26 successors of James F. Malone, deceased, and all persons claiming
by, through, or under such decedent
27 (including without limitation the executor, administrator, and beneficiary(ies) of the Estate of James
28 F, Malone), are individual(s) domiciled in the state of Califomia.
-2
COMPLAINT
7. The Trust is ignorant of the true names and capacities of the defendants named herein
as Does 1 through 10, inclusive, and therefore names said defendants by such fictitious names. The
Trust will seek leave to amend this Complaint when the true names and capacities of said fictitiously
named defendants have been discovered. The Trust is informed and believes, and thereon alleges, that
each of said fictitiously
named defendants has, or had, an interest in the subject Property and is subject
to the jurisdiction of this Court as a result of the Trust’s claims for reformation, declaratory judgment,
and/or equitable relief.
8. The Property that is the subject of this Complaint is located at 311 Gamsey Avenue,
Bakersfield, County of Kem, Califomia, and is also known as Assessor's Parcel Number (APN)
10 Number 020-210-11. The legal description of the Property is as follows:
11 All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the
unincorporated area, County of Kem, State of Califomia, described
as follows:
12
Beginning at a point which bears South 89° 54’ West, 2103.70 feet; thence North
13
0° 7 %4' West, 1504.97 feet from the Southeast corner of said Section 35, which
14 point is also in the West line of a 60 foot road, thence South 89° 52 4’ West, 548.98
feet; thence North 5° 40” West, 100.47 feet; thence North 89° 52 4’ East, 558.68
15 feet to a point in the West line of said 60 foot road, thence South 0° 7 '4” East,
along
the West line of said 60 foot road, 100 feetto the point of beginning.
16
EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and
17
minerals in or under said land or that any time may be produced or extracted
18 therefrom, as reserved in Deed from Norma Frances Cohn, the duly apointed [sic],
qualified and acting Executrix of the Last
Will of BerthaM. Cohn, deceased, dated
19 March 8, 1949 and recorded March 23, 1949 in Book 1574, Page 431 of Official
Records.
20
21 Additionally, the operative title documents that are the subject of this Complaint were entered into in
22 Kem County, Califomia Accordingly, venue is appropriate in this Court.
23 GENERAL ALLEGATIONS
24 9. On orabout April 23, 1996, Jeremy Kamprath Anderson granted
to James F. Malone,
25 deceased (“Jim Malone”), the real property located at 308 Gamsey Avenue, Bakersfield, CA 93309,
26 having
APN Number 020-170-08-00-0 (“308 Gamsey”) via a grant deed recorded on May 24, 1996
27 with the Kem County Official Records as Document
Number 0196066457 (the “308 Gamsey 1996
28 Grant Deed,” attached hereto as Exhibit A).
3
COMPLAINT
10. 308 Gamsey is real property that is separate and independent from the Property, which
is located nearby at 311 Gamsey Avenue, Bakersfield, CA 93309.
11. The legal description for 308 Gamsey is:
THE SOUTH 264 FEET OF ALL THAT PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP
29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE
UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT POINT WHICH BEARS SOUTH 89 DEGREES FROM 54’
WEST 2043.70 FEET AND NORTH 0 DEGREES 7 1/2’ WEST 1380 FEET
FROM THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE NORTH
0 DEGREES 7 1/2’ WEST 660 FEET; THENCE NORTH 89 DEGREES 52 1/2'
10 EAST 330 FEET, THENCE SOUTH 0 DEGREES 7 1/2' EAST 660 FEET, AND
11 THENCE SOUTH 89 DEGREES 52 1/2' WEST 330 FEET TO THE POINT OF
BEGINNING.
12
12. On or about November 25, 1996, BA Properties, Inc. granted the Property to Jim
13
Malone via a grant deed recorded on December 5, 1996 with the Kem County Official Recordsas
14
Document
Number 0196156694 (the “1996 Grant Deed,” attached hereto as Exhibit B).
15
13. On or about November 21, 2000, Jim Malone issued a quitclaim deed for the Property
16
to Patricia Wong Lee, recorded on November 22, 2000 in the Kem County Official Records as
17
Document Number 0200149969 (the “2000 Quitclaim,” attached hereto as Exhibit C), which contains
18
the correct legal description and APN Number
for the Property.
19
14. OnoraboutJuly 10, 2008, Patricia Wong Lee issued a quitclaim deed for the Property
20
to Christy Bowser, recorded on February 19, 2004 in the Kem County Official Records as Document
21
Number 0204037229 (the “2003 Quitclaim,” attached hereto as Exhibit D), which contains the correct]
22
legal description and APN Number for the Property.
23
15. Upon information and belief, Christy Bowser is Jim Malone's sibling.
24
16. Onorabout February 22, 2006, Christy Bowserissued a quitclaim
deed for the Property
25
toJim Malone, which was recorded
on May 15, 2006 in the Kem County Official Records as Document
26
Number 0206119828 (the “2006 Quitclaim,” attached hereto as exhibit E).
27
28
COMPLAINT
17. The 2006 Quitclaim conectly identifies the Property as “311 Gamsey Avenue,
Bakersfield, Califomia 93309,” but incorrectly lists the APN Number and legal description for 308
Gamsey, and incorrectly references the prior recorded instrument as the 308 Gamsey 1996 Grant Deed.
18. Upon information and belief, Christy Bowser intended to quitclaim
the Property to Jim!
Malone in the 2006 Quitclaim. In fact, Christy Bowser did not have any interest in 308 Gamsey. The
appearance in the 2006 Quitclaim of the APN Number and legal description
for 308 Gamsey was a
drafting error.
19. In connection with the 2006 Quitclaim and to finance his re-acquisition of the Property,
Jim Malone took out a loan (the “Loan”) from Aames Funding Corporation (“Aames”), as evidenced]
10 by anote (the “Note,” attached hereto as Exhibit F) in the principal amount of $350,000.00.
11 20. The Note refers to the Property. (Note, 1.)
12 21. The Loan was secured by the Property; on the same date of February
22, 2006, Jim|
13 Malone granted a deed of trust to Aames recorded on May 15, 2006 in the Kem County Official
14 Records as Document
Number 0206119829 (the “2006 Deed
of Trust,” attached hereto as Exhibit G).
15 22. The 2006 Deed of Trust correctly identifies the “Property Address” as 311 Gamsey
16 Street, Bakersfield, CA 93309 (with the slight error that proper street address is Gamsey Avenue, not
17 Gamsey Street)", but incorrectly supplies the APN Number and legal description for 308 Gamsey.
18 (2006 Deed
of Trust, 3.) The errant legal descriptions and APN Numbers
in the 2006 Quitclaim and
19 2006 Deed of Trust, which incorrectly reference 308 Gamsey instead of the Property, are collectively
20 referred to herein as the “Legal Description Errors”.
21 23. On or about June 13, 2007, Jim Malone created the Jim Malone Revocable Trust (the
22 “Malone Revocable Trust,” attached hereto as Exhibit H) and conveyed all of his assets thereto,
23 including without limitation all of his interest(s) in the Property, as follows:
24 The Settlor [Jim Malone] does hereby, without consideration, assign, set over,
transfer, convey and grant to the Trustee, to be held as part of the Trust Estate
25 created by this Trust Instrument, all of the Settlor’s assets, now or hereinafter
26
1 There
is no “Gamsey Street” in Bakersfidd, CA, and therefore the parties to the 2006 Deed of Trust could
27 only be referring
to the Property.
28
5
COMPLAINT
acquired, whether real, personal ormixed, tangible
or intangible, including, without
limitation, all tangible personal property and goods, accounts, general intangibles
and cash on hand, stocks, bonds and other securities, partnership interests, claims
and rights under contract.
24. Jim Malone died on or about June 5, 2013.
25. Cara Mitts was appointed successor trustee of the Malone Revocable Trust by orderof
Court on orabout November 7, 2013. In that capacity, Carla Mitts is the current owner of the Property.
26. Also, upon information and belief, Jim Malone’ s will was probated in the Kem County
Superior Court and one or more of the Defendants hereto thereby succeeded to Mr. Malone’ s assets.
27. The Trust is the current holder of the 2006 Deed
of Trust.
10 28. The Trust discovered the Legal Description Enors in September of 2023. Despite
11 attemptingto contact Defendants to determine
their position on the Legal Description Enors, the Trust
12 did not receive a substantive response from Defendants.
13 FIRST CAUSE OF ACTION - REFORMATION
14 (gninst
All Defendants)
15 29. The Trust realleges and incorporates
Paragraphs 1 through28 above as if fully set forth
16 herein.
17 30. The parties to the 2006 Quitclaim intended the Property to be the subject thereof.
18 Indeed, Christy Bowser only had an interest in the Property - not 308 Gamsey- and therefore could
19 only convey an interest in the Property and could not convey any interest in 308 Gamsey. Moreover,
20 Jim Malone already owned 308 Gamsey, so he could not receive any additional interest in 308 Gamsey
21 from Christy Bowser. Therefore, the 2006 Quitclaim
was clearly supposedto referto the Property.
22 31. Upon information and belief, the parties to the 2006 Quitclaim therefore intended to
23 convey the Property to Jim Malone via the 2006 Quitclaim.
24 32. Due to amuitual mistake, the 2006 Quitclaim contains the Legal Description
Errors that,
25 require reformation under Cal. Civ. Code § 3399.
26 33. Similarly, the parties
to the 2006 Deed of Trust intended the Property to be the subject!
27 thereof. The 2006 Deed of Trust references the Property address, the Note secured by the 2006 Deed.
28 of Trust also references the Property address, the application for the Loan references the Property
6
COMPLAINT
Address (attached as Exhibit I), and the U.S. Department of Housing and Urban Development
Settlement Statement (the “HUD Statement,” attached hereto as ExhibitJ) reference the Property.
Moreover, the HUD Statement lists the Property as the “Property Location,” but notes that Jim|
Malone's
address at the time was 308 Gamsey.
34. Upon information and belief, the parties to the 2006 Deed of Trust intended it to
encumber
the Property.
35. Due to amutual mistake, the 2006 Deed of Trust contains the Legal Description Errors
that require reformation under Cal. Civ. Code § 3399.
36. The 2006 Quitclaim and 2006 Deed of Trust contain the Legal Description Errors and.
10 thus do not accurately reflect the intention of the parties thereto.
11 37. Reformation would not prejudice the rights of any bona fide purchasers.
12 38. TheTrust requests that this Court enter an order reforming
the 2006 Quitclaim and.2006
13 Deed
of Trust to reflect
the correct legal description for the Property nunc pro tunc to its original date
14 of recording.
15 SECOND CAUSE OF ACTION - DECLARATORY JUDGMENT
16 (gninst
All Defendants)
17 39. The Trust realleges and incorporates
Paragraphs 1 through 28 and 30 through 35 above
18 as if fully set forth herein.
19 40. The 2006 Quitclaim and 2006 Deed of Trust contain the Legal Description Enors and
20 thus do not accurately reflect the intention of the parties thereto.
21 41. Upon information and belief, there is an actual controversy that is currently active
22 between the parties regarding the Trust’ s interest in the Property.
23 42. TheTrust has an interest in the Property pursuant to Cal. Civ. Proc. § 1060 via the 2006
24 Deed of Trust.
25 43. The Trust respectfully
requests that this Court enter an order declaring that the 2006
26 Quitclaim
and 2006 Deed of Trust refer to the Property, and that therefore the Trust has a valid first-
27 lien against the Property via the 2006 Deed of Trust.
28
-7-
COMPLAINT
THIRD CAUSE OF ACTON - EQUITABLE RELIEF
(gninst
All Defendants)
(hn The Alternative to First and Second Causes of Action)
44. The Trust realleges and incorporates
Paragraphs 1 through 28 and 30 through 35 above
as if fully set forth herein.
45. If for any reason the Court is not inclined to issue the relief requested in Counts I
through II, then an equitable lien and/or constructive trust should be imposed on the Property in favor|
of the Trust, effective nunc pro tunc to February 22, 2006, the original date of execution of the 2006
Deed
of Trust, in an amount subject to proof, but not less than the Loan Balance.
10 46. Tf the 2006 Quitclaim and the 2006 Deed of Trust are not reformed as set forth above,
11 the Defendants
will be unjustly enriched and the true intention of the parties to the 2006 Quitclaim and
12 the 2006 Deed of Trust will not be fulfilled.
13 47. The Trust does not have an adequate remedy at law to enforce the 2006 Deed of Trust
14 against
the Property.
15 48. The Trust requests that judgment be entered imposing an equitable lien and/or|
16 constructive trust in first lien position on the Property, securing the obligation evidenced by the Note,
17 in an amount not less than the Loan Balance plus any applicable accrued interest under the terms of
18 the 2006 Deed of Trust.
19 WHEREFORE, the Trust respectfully requests that the Court enter an order granting the relief’
20 sought in this Complaint, including
but not limitedto an order:
21 (A) Reforming
the 2006 Quitclaim and 2006 Deed of Trust nunc pro tunc to state the correct legal
22 description and APN Number
for the Property; and
23 (B) Declaring
that the 2006 Quitclaim
and 2006 Deed of Trust refer and relate to the Property, not}
24 308 Gamsey, and therefore declaring that the Trust has a valid, enforceable, and first-priority
25 security interest against the Property by virtue of the 2006 Deed of Trust; or, in the altemative,
26 (C) Imposing an equitable lien or constructive trust on the Property securing the obligation
27 evidenced
by the Note, in an amount not less than the Loan Balance plus any applicable accrued
28 interest
under the terms of the 2006 Deed
of Trust; and.
8
COMPLAINT
(D) For such other and further relief as this Court deems just and proper.
DATED: Api 1, 2024 WARGO FRENCH & SINGER LLP
ss
JEFFREY N. WILLIAMS
SHANON]J. MCGINNIS
Attomeys for Plaintiff Deutsche Bank National Trust
Company, as Indenture Trustee, on behalf of the holders
of the Aames Mortgage Investment Trust 2006-1,
Mortgage Backed Notes
10
11
12
13
14
15
16
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-9-
COMPLAINT
EXHIBIT A
” 7~—
JeIs: Moeop Bary rde: Iason
Kern County, Official Records Pages 2
8 24.1996
Order No. 8 eeae
INN,
Escrow No. 1124148V DOCUMENT #:0196066457
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE INS. CO.
WHEN RECORDED MAIL TO:
JIM MALONE
Taxes 398 58
308 GARNSEY AVENUE
BAKERSFIELD, CA 93309 Other
Stat Types | TOTAL PAID 408 58
MAIL TAX STATEMENTS TO: UMENTARY TRANSFER TAX §.
¢ } Computed on the consideration or value of property conveyed. OR
‘SAME AS ABOVE ( } Computed on the consideration, vaiue less liens or encumbrances
apna 020-170-08-00-0 remaining at me of sale
Lie. ( LE. s
2zo b
Signature of Declarant o: Agent devermining tax
FIRST AMERICAN TITLE INSURANCE COMPANY.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JEREMY KAMPRATH ANDERSON, a married woman, as her sole and separate property
hereby GRANT(S) to JIM MALONE, an unmarried man
EA
the real property in the UNINCORPORATED/ County of KERN, State of California, described as follows
SEE LEGAL DESCRIPTION ATTACHED HERETO ANO MADE A PART HEREOF
Dated: April
23, 1996.
! Mn
JEREMY \MPRAI ANDERSON
State of California
County of iN
on___ APRIL 23, 1996 before me, the undersigned, a Notary Public in and for the seid State, personally
appeared JEREMY KAMPRATH ANDERSON*##%#*
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nameis) is/are subscribed to the
within instrument and acknowledged to me that he/shefhey executed the same in his/herftheir authored capacity(ies), and that by
hishhentheir signature(s) on the Instrument the person(s) of the entity upon behall of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
Signsture Mh a Shonpae COMM. #1061980
NOTARY PUBL «|
MAIL TAX STATEMENTS AS DIRECTED ABOVE 28, 1000
.
-_ a
w
1124148V
LEGAL DESCRIPTION:
THE SOUTH 264 FEET OF ALL THAT PORTION OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 27 EAST,
MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF KERN.
STATE OF CALIFORNIA, ACCORI DING TO THE OFFICIAL PLAT THEREOF, DESCRIBED
AS FOLLOWS.
BEGINNING AT A POINT WHICI H BEARS SOUTH 89 DEGREES 54’ WEST 2043.70 FEET
AND NORTH 0 DEGREES
= = 7 1/2’ WEST 1380 FEET FROM THE SOUTHEAST CORNER OF
SAID SELTION 33 ; THENCE NURKIH U DEGREES 7 1/2' WEST 660 FEET; THENCE
NORTH 8&9 DEGREES 52 1/2' EAST 330 FEET; THENCE SOUTH 0 DEGREES 7 1/2’ EAST 660 FEET.
AND
THENCE SOUTH 89 DEGREES 52 1/2' WEST 330 FEET TO THE POINT OF BEGINNING.
jtPlozo PAGE NO,
ot7
(Lox,
[oo
‘PARCEL NO.
Og
PoRIC
ee — _
EXHIBIT B
e PATTI
RECORDING REQUESTED BY James Maples: . Assessor -Recor der Pages 2
R cords
Kern County Official 12/85/ 6
199
RICAN TITLE COMPANY
DOCUMENT #: 0196156694 8:00:08
Ma
When Recorded Mail Document
Tax Statement To: 18.00
Fees
James ¥. Malone Taxes 118.80
308 Garnsey Ave. Other
Bakersfield, CA 93309 TOTAL
PAID {20.88
Escrow No. 105827-H
Title Order No. SPACE ABOVE THIS LINE FOR RECG
Types? |
APN. Stat
020-210-11 GRANT DEED
The undersigned grantor(s) declare(s)
Documentary transfer tax is $. 110.00 City tax $
[xxx] computed on full value of property conveyed, or
[ ] computed on full value fess value of liens or encumbrances remaining at time of sale,
{xxx ] Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BA PROPERTIES, INC., a Delaware corporation,
hereby GRANT(S) to JAMES F. MALONE, an unmarried man,
the following described real property in the Cht/d#/ unincorporated area of the
County of Kern State of California:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
BA PROPERTIES, INC.,
“hetdes
a Delaway, corporation
DATED: November 25, 1996
BY:
viUh I
STATE OF CALIFORNIA
COUNTY OF _LOS ANGELES
ON December 3, 1996 before me,
Carla A. Heidlberg personally appeared ALAN HENDRIX ALV.P.
SUE DONG, A.V.P. and
ALAN HENDRIX, A,V.P.
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s)
whose name(s) is/are 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 Fis Ry CARLAA. GEIDLBERG
behalf of which the person(s) acted, executed the
instrument. ie one rue. oTacranws &
LOS ANGELES COUNTY 3s
x i! My Comm. Expitas Dec. 11, 1996 h
Witness my hand and official seal.
Signature
MAIL TAX ST, EMENT AS DIRECTED ABOVE
ATD-13 (Rev 4/94) GRANT DEED
—- — ae
m er
e
Ouz & No. : 102855
EXHIBIT A
.
Y
All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the
unincorporated area, County of Kern, State of California, described as follows:
Beginning at a point which bears South 89°54‘ West, 2103.70 feet;
ection
thence North 0°7
35, which point is
1/2' West, 1504.97 feet fromx of the Southeast corne: sai
also in the West line of a 60 foot road, thence South 89°52 1/2’ West, 548.98 feet;
5°40" West, 100.47 feet; thence North 89°52 1/2’ Bast, 558.68 feet toa
thence North
point ‘¢ in the West line of said 60 foot road, thence South 0°7 1/2" Bast, along the
West line of said 60 foot road, 100° feet to the point of beginning.
oil, gas and other hydrocarbon substances and minerals in or
EXCEPTING THEREFROM all
any time may be produced or extracted therefrom, as reserved
under said land ox that
in Deed from Norma Frances Cohn, the duly apointed, qualified and acting Executrix of
the Last Will of Bertha M. Cohn, deceased, dated March 8 1949 and recorded March 23,
1949 in Book 1574, Page 431 of Official Records. -
= — Lae sere ee Sn" SARIS ESRI TET POPRRI PETTITTE 18 TTT
EXHIBIT C
a
Order No. “James Maples. Assessor -Recorder PATTI
Escrow No. ; .Kern County Official Records
Loan No. Pages: 2
DOCUMENT #:0200149969 11/22/2808
Hn
WHEN RECORDED MAIL TO: 8:24:06
PATRICIA WONG LEE
3701 CENTURY DR. Fees. 18.88
BAKERSFIELD CA 93306 Taxes.
her.
TOTAL
First American Title Company PAID 16.0
ACCOMMODATION RECORDING
‘SPACE ABOVE THIS LINE FOR REC(
DOCUMENTARY TRANSFER TAX $.. GIFT. Stat. Types: |
IHopar-$—
« Computed on the consideration or value of property conveyed; OR
ss Computed on the consideration or value less liens or
‘encumbrances remaining at time of sale. ture of Declarant oF fetermining
tax — Firm Name
APN#020-210-11
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JAMES F. MALONE, a single man
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
PATRICIA WONG LEE, a widow
the real property in the G@&KSK unincorporated area
County of Kern , State of California, described as
SEEs,LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated NOVEMBER 21, 2000 PG
gafffs F. MALONE,
Jot
STATE OF CALIFORNIA
COUN’ }
on_[l-2|-9O before me,
personally appeared AMES fF. MALONE
,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same
in hisfher/their authorized capacity(ies), and that by his/her/their signa-
{ure(s) on the, nt the person(s) or the entity upon behalf of which
the person(s{ acted, dxecut instrument.
WITNESS my’
Signature
and official
Vib
b
MAIL TAX STATEMENTS TO: (This area for official notarial seal)
m B. BAKER
COMM. #1242538
HOTARY PUBLIC - CALIFORSIAR
‘My Comm. Erp, DECEMBER
17, 2003;
1085 (1/94)
EXHIBIT A
All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the
unincorporated area, County of Kern, State of California, described as follows:
Beginning at a point which bears South 69°54’ West, 2103,70 feet; thence North 0°7
1/2¢ West, 1504,97 feet from the Southeast corner of said Section 35, which point ia
also in the West line of a 60 foot road, thence South 69°52 1/2’ West, 548,98 feat;
thence North 5°40" West, 100.47 feet; thence North 69°52 1/2’ East, 558.68 feet toa
point in the West line of said 60 foot road, thence South 0°7 1/2" East, along the
West line of said 60 foot road, 100 feet to the point of beginning,
EXCEPTING THEREFROM all o11, gas and other hydrocarbon substances and minerals in or
under said land or that any time may be produced or extracted therefrom, as reserved
in Deed from Norma Frances Cohn, the duly apointed, qualified and acting Executrix of
the Last Will of Bertha M. Cohn, deceased, dated March 8, 1949 and recorded March 23,
1949 in Book 1574, Page 431 of Official Records,
EXHIBIT D
ee
s ~~
Order No.
Escrow No. s James W. Fitch, Assessor—Recorder TELFORDT
Loan No.
Kern County Official A jecords 004
Recordad at tho requost of 1:26 PM
ut
W!N RECORDED MAIL TO:
Doc#: 0204037229 Stat Types: 1 Pages: 2
| ITIL
JAMES F. MALONE
308 GARNSEY AVENUE Fees 10.00
BAKERSFIELD CA 93309 Taxes 0.00
Others 0.00
ID $10.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ .... GIFT.
Computed on ti consideration or value of property conveyed; OR
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Computed 0)
remaining
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inn of re. or value le; liens or encumbrances
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Sighaturo of Declargft orKeent determining tax — Fim Name —
APN #020-210-11 QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PATRICIA WONG LEE, a widow
dojee) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
CHRISTY BOWSER, a married woman
the real property in the Gixrk unincorporated area
County of Kern , State of California, described as
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated 7-10-03 Vbieis. Worms
J
p Oe
}ss. PATRICIA
Preview
JEFFREY N. WILLIAMS (SBN 274008) ‘will wfslaw.com, SHANONJ. MCGINNIS (SBN 284234) smoginnis@wfslaw.com WARGO FRENCH & SINGER LLP 445 S. Figueroa Street, 31° Foor Los Angeles, Califomia 90071 Telephone: (310) 853-6300 Facsimile: (310) 853-6333 Attol for Plaintiff Deutsche Bank National Trust Cor , aS Indenture Trustee, on behalfof the hol of the Aames Mortgage Investment Trust 2006-1, Mortgage Backed Notes SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN 10 DEUTSCHE BANK NATIONAL TRUST 11 COMPANY, AS INDENTURE TRUSTEE, ON Case No. BEHALF OF THE HOLDERS OF THE AAMES 12 MORTGAGE INVESTMENT TRUST 2006-1, MORTGAGE-BACKED NOTES COMPLAINT FOR REFORMATION, 13 DECLARATORY RELIFF, and Plaintiff, EQUITABLE RELIEF 14 vs. 15 CHRISTY BOWSER, an individual; CARLA MITTS, in her individual capaci and as 16 Successor Trustee of the Jim lone Revocable 17 Trust dated June 13, 2007; KATE MALONE, an individual; THE TESTATE AND INTESTATE 18 SUCCESSORS OF JAMES FREDERICK MALONE AND ALL PERSONS CLAIMING 19 BY, THROUGH, OR UNDER SUCH DECEDENT, and DOES 1-10, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28 COMPLAINT Plaintiff Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Aames Mortgage Investment Trust 2006-1, Mortgage Backed Notes (the “Trust”), by and through its undersigned counsel, alleges as follows: NATURE OF THE ACTION 1 Pursuant to Cal. Civ. Code § 3399 and Cal. Civ. Proc. § 1060, the Trust brings this Complaint to (1) reform the legal description of a certain quitclaim deed and deed of trust relatingto the real property commonly known as 311 Gamsey Ave, Bakersfield, CA 93309, APN Number 020- 210-11 (the “Property”) on the grounds of mutual mistake to reflect the correct legal description and APN Number for the Property as intended by the parties; and (2) obtain declaratory judgment that the 10 Trust has a valid first-lien interest in the subject Property; or (3) in the altemative, impose an equitable 11 lien and/or constructive trust on the Property in the Trust’s favor in the amount of at least $248,936.01 12 (the “Loan Balance”), plus interest and costs. 13 PARTIES, JURISDICTION, AND VENUE 14 2. The trustee of the Trust, Deutsche Bank National Trust Company, is a national banking 15 association with its principal office in Califomia. 16 3. The Trust is informed and believes, and thereon alleges, that Christy Bowser is an 17 individual domiciled in the state of Califomia. 18 4. The Trust is informed and believes, and thereon alleges, that Carla Mitts is an individual 19 domiciled in the state of Califomia. The Trust also is informed and believes, and thereon alleges, that 20 Carla Mitts is the successor trustee of the of the Jim Malone Revocable Trust dated June 13, 2007. 21 5. The Trust is informed and believes, and thereon alleges, that Kate Malone is an 22 individual domiciled in the District of Columbia. The Trust also is informed and believes, and thereon! 23 alleges, that Kate Malone has soughtto become the successor in interest of James Malone under the 24 Loan, Note, and/or 2006 Deed of Trust (defined herein). 25 6. The Trust is informed and believes, and thereon alleges, that the testate and intestate 26 successors of James F. Malone, deceased, and all persons claiming by, through, or under such decedent 27 (including without limitation the executor, administrator, and beneficiary(ies) of the Estate of James 28 F, Malone), are individual(s) domiciled in the state of Califomia. -2 COMPLAINT 7. The Trust is ignorant of the true names and capacities of the defendants named herein as Does 1 through 10, inclusive, and therefore names said defendants by such fictitious names. The Trust will seek leave to amend this Complaint when the true names and capacities of said fictitiously named defendants have been discovered. The Trust is informed and believes, and thereon alleges, that each of said fictitiously named defendants has, or had, an interest in the subject Property and is subject to the jurisdiction of this Court as a result of the Trust’s claims for reformation, declaratory judgment, and/or equitable relief. 8. The Property that is the subject of this Complaint is located at 311 Gamsey Avenue, Bakersfield, County of Kem, Califomia, and is also known as Assessor's Parcel Number (APN) 10 Number 020-210-11. The legal description of the Property is as follows: 11 All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the unincorporated area, County of Kem, State of Califomia, described as follows: 12 Beginning at a point which bears South 89° 54’ West, 2103.70 feet; thence North 13 0° 7 %4' West, 1504.97 feet from the Southeast corner of said Section 35, which 14 point is also in the West line of a 60 foot road, thence South 89° 52 4’ West, 548.98 feet; thence North 5° 40” West, 100.47 feet; thence North 89° 52 4’ East, 558.68 15 feet to a point in the West line of said 60 foot road, thence South 0° 7 '4” East, along the West line of said 60 foot road, 100 feetto the point of beginning. 16 EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and 17 minerals in or under said land or that any time may be produced or extracted 18 therefrom, as reserved in Deed from Norma Frances Cohn, the duly apointed [sic], qualified and acting Executrix of the Last Will of BerthaM. Cohn, deceased, dated 19 March 8, 1949 and recorded March 23, 1949 in Book 1574, Page 431 of Official Records. 20 21 Additionally, the operative title documents that are the subject of this Complaint were entered into in 22 Kem County, Califomia Accordingly, venue is appropriate in this Court. 23 GENERAL ALLEGATIONS 24 9. On orabout April 23, 1996, Jeremy Kamprath Anderson granted to James F. Malone, 25 deceased (“Jim Malone”), the real property located at 308 Gamsey Avenue, Bakersfield, CA 93309, 26 having APN Number 020-170-08-00-0 (“308 Gamsey”) via a grant deed recorded on May 24, 1996 27 with the Kem County Official Records as Document Number 0196066457 (the “308 Gamsey 1996 28 Grant Deed,” attached hereto as Exhibit A). 3 COMPLAINT 10. 308 Gamsey is real property that is separate and independent from the Property, which is located nearby at 311 Gamsey Avenue, Bakersfield, CA 93309. 11. The legal description for 308 Gamsey is: THE SOUTH 264 FEET OF ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT POINT WHICH BEARS SOUTH 89 DEGREES FROM 54’ WEST 2043.70 FEET AND NORTH 0 DEGREES 7 1/2’ WEST 1380 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE NORTH 0 DEGREES 7 1/2’ WEST 660 FEET; THENCE NORTH 89 DEGREES 52 1/2' 10 EAST 330 FEET, THENCE SOUTH 0 DEGREES 7 1/2' EAST 660 FEET, AND 11 THENCE SOUTH 89 DEGREES 52 1/2' WEST 330 FEET TO THE POINT OF BEGINNING. 12 12. On or about November 25, 1996, BA Properties, Inc. granted the Property to Jim 13 Malone via a grant deed recorded on December 5, 1996 with the Kem County Official Recordsas 14 Document Number 0196156694 (the “1996 Grant Deed,” attached hereto as Exhibit B). 15 13. On or about November 21, 2000, Jim Malone issued a quitclaim deed for the Property 16 to Patricia Wong Lee, recorded on November 22, 2000 in the Kem County Official Records as 17 Document Number 0200149969 (the “2000 Quitclaim,” attached hereto as Exhibit C), which contains 18 the correct legal description and APN Number for the Property. 19 14. OnoraboutJuly 10, 2008, Patricia Wong Lee issued a quitclaim deed for the Property 20 to Christy Bowser, recorded on February 19, 2004 in the Kem County Official Records as Document 21 Number 0204037229 (the “2003 Quitclaim,” attached hereto as Exhibit D), which contains the correct] 22 legal description and APN Number for the Property. 23 15. Upon information and belief, Christy Bowser is Jim Malone's sibling. 24 16. Onorabout February 22, 2006, Christy Bowserissued a quitclaim deed for the Property 25 toJim Malone, which was recorded on May 15, 2006 in the Kem County Official Records as Document 26 Number 0206119828 (the “2006 Quitclaim,” attached hereto as exhibit E). 27 28 COMPLAINT 17. The 2006 Quitclaim conectly identifies the Property as “311 Gamsey Avenue, Bakersfield, Califomia 93309,” but incorrectly lists the APN Number and legal description for 308 Gamsey, and incorrectly references the prior recorded instrument as the 308 Gamsey 1996 Grant Deed. 18. Upon information and belief, Christy Bowser intended to quitclaim the Property to Jim! Malone in the 2006 Quitclaim. In fact, Christy Bowser did not have any interest in 308 Gamsey. The appearance in the 2006 Quitclaim of the APN Number and legal description for 308 Gamsey was a drafting error. 19. In connection with the 2006 Quitclaim and to finance his re-acquisition of the Property, Jim Malone took out a loan (the “Loan”) from Aames Funding Corporation (“Aames”), as evidenced] 10 by anote (the “Note,” attached hereto as Exhibit F) in the principal amount of $350,000.00. 11 20. The Note refers to the Property. (Note, 1.) 12 21. The Loan was secured by the Property; on the same date of February 22, 2006, Jim| 13 Malone granted a deed of trust to Aames recorded on May 15, 2006 in the Kem County Official 14 Records as Document Number 0206119829 (the “2006 Deed of Trust,” attached hereto as Exhibit G). 15 22. The 2006 Deed of Trust correctly identifies the “Property Address” as 311 Gamsey 16 Street, Bakersfield, CA 93309 (with the slight error that proper street address is Gamsey Avenue, not 17 Gamsey Street)", but incorrectly supplies the APN Number and legal description for 308 Gamsey. 18 (2006 Deed of Trust, 3.) The errant legal descriptions and APN Numbers in the 2006 Quitclaim and 19 2006 Deed of Trust, which incorrectly reference 308 Gamsey instead of the Property, are collectively 20 referred to herein as the “Legal Description Errors”. 21 23. On or about June 13, 2007, Jim Malone created the Jim Malone Revocable Trust (the 22 “Malone Revocable Trust,” attached hereto as Exhibit H) and conveyed all of his assets thereto, 23 including without limitation all of his interest(s) in the Property, as follows: 24 The Settlor [Jim Malone] does hereby, without consideration, assign, set over, transfer, convey and grant to the Trustee, to be held as part of the Trust Estate 25 created by this Trust Instrument, all of the Settlor’s assets, now or hereinafter 26 1 There is no “Gamsey Street” in Bakersfidd, CA, and therefore the parties to the 2006 Deed of Trust could 27 only be referring to the Property. 28 5 COMPLAINT acquired, whether real, personal ormixed, tangible or intangible, including, without limitation, all tangible personal property and goods, accounts, general intangibles and cash on hand, stocks, bonds and other securities, partnership interests, claims and rights under contract. 24. Jim Malone died on or about June 5, 2013. 25. Cara Mitts was appointed successor trustee of the Malone Revocable Trust by orderof Court on orabout November 7, 2013. In that capacity, Carla Mitts is the current owner of the Property. 26. Also, upon information and belief, Jim Malone’ s will was probated in the Kem County Superior Court and one or more of the Defendants hereto thereby succeeded to Mr. Malone’ s assets. 27. The Trust is the current holder of the 2006 Deed of Trust. 10 28. The Trust discovered the Legal Description Enors in September of 2023. Despite 11 attemptingto contact Defendants to determine their position on the Legal Description Enors, the Trust 12 did not receive a substantive response from Defendants. 13 FIRST CAUSE OF ACTION - REFORMATION 14 (gninst All Defendants) 15 29. The Trust realleges and incorporates Paragraphs 1 through28 above as if fully set forth 16 herein. 17 30. The parties to the 2006 Quitclaim intended the Property to be the subject thereof. 18 Indeed, Christy Bowser only had an interest in the Property - not 308 Gamsey- and therefore could 19 only convey an interest in the Property and could not convey any interest in 308 Gamsey. Moreover, 20 Jim Malone already owned 308 Gamsey, so he could not receive any additional interest in 308 Gamsey 21 from Christy Bowser. Therefore, the 2006 Quitclaim was clearly supposedto referto the Property. 22 31. Upon information and belief, the parties to the 2006 Quitclaim therefore intended to 23 convey the Property to Jim Malone via the 2006 Quitclaim. 24 32. Due to amuitual mistake, the 2006 Quitclaim contains the Legal Description Errors that, 25 require reformation under Cal. Civ. Code § 3399. 26 33. Similarly, the parties to the 2006 Deed of Trust intended the Property to be the subject! 27 thereof. The 2006 Deed of Trust references the Property address, the Note secured by the 2006 Deed. 28 of Trust also references the Property address, the application for the Loan references the Property 6 COMPLAINT Address (attached as Exhibit I), and the U.S. Department of Housing and Urban Development Settlement Statement (the “HUD Statement,” attached hereto as ExhibitJ) reference the Property. Moreover, the HUD Statement lists the Property as the “Property Location,” but notes that Jim| Malone's address at the time was 308 Gamsey. 34. Upon information and belief, the parties to the 2006 Deed of Trust intended it to encumber the Property. 35. Due to amutual mistake, the 2006 Deed of Trust contains the Legal Description Errors that require reformation under Cal. Civ. Code § 3399. 36. The 2006 Quitclaim and 2006 Deed of Trust contain the Legal Description Errors and. 10 thus do not accurately reflect the intention of the parties thereto. 11 37. Reformation would not prejudice the rights of any bona fide purchasers. 12 38. TheTrust requests that this Court enter an order reforming the 2006 Quitclaim and.2006 13 Deed of Trust to reflect the correct legal description for the Property nunc pro tunc to its original date 14 of recording. 15 SECOND CAUSE OF ACTION - DECLARATORY JUDGMENT 16 (gninst All Defendants) 17 39. The Trust realleges and incorporates Paragraphs 1 through 28 and 30 through 35 above 18 as if fully set forth herein. 19 40. The 2006 Quitclaim and 2006 Deed of Trust contain the Legal Description Enors and 20 thus do not accurately reflect the intention of the parties thereto. 21 41. Upon information and belief, there is an actual controversy that is currently active 22 between the parties regarding the Trust’ s interest in the Property. 23 42. TheTrust has an interest in the Property pursuant to Cal. Civ. Proc. § 1060 via the 2006 24 Deed of Trust. 25 43. The Trust respectfully requests that this Court enter an order declaring that the 2006 26 Quitclaim and 2006 Deed of Trust refer to the Property, and that therefore the Trust has a valid first- 27 lien against the Property via the 2006 Deed of Trust. 28 -7- COMPLAINT THIRD CAUSE OF ACTON - EQUITABLE RELIEF (gninst All Defendants) (hn The Alternative to First and Second Causes of Action) 44. The Trust realleges and incorporates Paragraphs 1 through 28 and 30 through 35 above as if fully set forth herein. 45. If for any reason the Court is not inclined to issue the relief requested in Counts I through II, then an equitable lien and/or constructive trust should be imposed on the Property in favor| of the Trust, effective nunc pro tunc to February 22, 2006, the original date of execution of the 2006 Deed of Trust, in an amount subject to proof, but not less than the Loan Balance. 10 46. Tf the 2006 Quitclaim and the 2006 Deed of Trust are not reformed as set forth above, 11 the Defendants will be unjustly enriched and the true intention of the parties to the 2006 Quitclaim and 12 the 2006 Deed of Trust will not be fulfilled. 13 47. The Trust does not have an adequate remedy at law to enforce the 2006 Deed of Trust 14 against the Property. 15 48. The Trust requests that judgment be entered imposing an equitable lien and/or| 16 constructive trust in first lien position on the Property, securing the obligation evidenced by the Note, 17 in an amount not less than the Loan Balance plus any applicable accrued interest under the terms of 18 the 2006 Deed of Trust. 19 WHEREFORE, the Trust respectfully requests that the Court enter an order granting the relief’ 20 sought in this Complaint, including but not limitedto an order: 21 (A) Reforming the 2006 Quitclaim and 2006 Deed of Trust nunc pro tunc to state the correct legal 22 description and APN Number for the Property; and 23 (B) Declaring that the 2006 Quitclaim and 2006 Deed of Trust refer and relate to the Property, not} 24 308 Gamsey, and therefore declaring that the Trust has a valid, enforceable, and first-priority 25 security interest against the Property by virtue of the 2006 Deed of Trust; or, in the altemative, 26 (C) Imposing an equitable lien or constructive trust on the Property securing the obligation 27 evidenced by the Note, in an amount not less than the Loan Balance plus any applicable accrued 28 interest under the terms of the 2006 Deed of Trust; and. 8 COMPLAINT (D) For such other and further relief as this Court deems just and proper. DATED: Api 1, 2024 WARGO FRENCH & SINGER LLP ss JEFFREY N. WILLIAMS SHANON]J. MCGINNIS Attomeys for Plaintiff Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Aames Mortgage Investment Trust 2006-1, Mortgage Backed Notes 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- COMPLAINT EXHIBIT A ” 7~— JeIs: Moeop Bary rde: Iason Kern County, Official Records Pages 2 8 24.1996 Order No. 8 eeae INN, Escrow No. 1124148V DOCUMENT #:0196066457 RECORDING REQUESTED BY: FIRST AMERICAN TITLE INS. CO. WHEN RECORDED MAIL TO: JIM MALONE Taxes 398 58 308 GARNSEY AVENUE BAKERSFIELD, CA 93309 Other Stat Types | TOTAL PAID 408 58 MAIL TAX STATEMENTS TO: UMENTARY TRANSFER TAX §. ¢ } Computed on the consideration or value of property conveyed. OR ‘SAME AS ABOVE ( } Computed on the consideration, vaiue less liens or encumbrances apna 020-170-08-00-0 remaining at me of sale Lie. ( LE. s 2zo b Signature of Declarant o: Agent devermining tax FIRST AMERICAN TITLE INSURANCE COMPANY. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JEREMY KAMPRATH ANDERSON, a married woman, as her sole and separate property hereby GRANT(S) to JIM MALONE, an unmarried man EA the real property in the UNINCORPORATED/ County of KERN, State of California, described as follows SEE LEGAL DESCRIPTION ATTACHED HERETO ANO MADE A PART HEREOF Dated: April 23, 1996. ! Mn JEREMY \MPRAI ANDERSON State of California County of iN on___ APRIL 23, 1996 before me, the undersigned, a Notary Public in and for the seid State, personally appeared JEREMY KAMPRATH ANDERSON*##%#* personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nameis) is/are subscribed to the within instrument and acknowledged to me that he/shefhey executed the same in his/herftheir authored capacity(ies), and that by hishhentheir signature(s) on the Instrument the person(s) of the entity upon behall of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Signsture Mh a Shonpae COMM. #1061980 NOTARY PUBL «| MAIL TAX STATEMENTS AS DIRECTED ABOVE 28, 1000 . -_ a w 1124148V LEGAL DESCRIPTION: THE SOUTH 264 FEET OF ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE UNINCORPORATED AREA, COUNTY OF KERN. STATE OF CALIFORNIA, ACCORI DING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT WHICI H BEARS SOUTH 89 DEGREES 54’ WEST 2043.70 FEET AND NORTH 0 DEGREES = = 7 1/2’ WEST 1380 FEET FROM THE SOUTHEAST CORNER OF SAID SELTION 33 ; THENCE NURKIH U DEGREES 7 1/2' WEST 660 FEET; THENCE NORTH 8&9 DEGREES 52 1/2' EAST 330 FEET; THENCE SOUTH 0 DEGREES 7 1/2’ EAST 660 FEET. AND THENCE SOUTH 89 DEGREES 52 1/2' WEST 330 FEET TO THE POINT OF BEGINNING. jtPlozo PAGE NO, ot7 (Lox, [oo ‘PARCEL NO. Og PoRIC ee — _ EXHIBIT B e PATTI RECORDING REQUESTED BY James Maples: . Assessor -Recor der Pages 2 R cords Kern County Official 12/85/ 6 199 RICAN TITLE COMPANY DOCUMENT #: 0196156694 8:00:08 Ma When Recorded Mail Document Tax Statement To: 18.00 Fees James ¥. Malone Taxes 118.80 308 Garnsey Ave. Other Bakersfield, CA 93309 TOTAL PAID {20.88 Escrow No. 105827-H Title Order No. SPACE ABOVE THIS LINE FOR RECG Types? | APN. Stat 020-210-11 GRANT DEED The undersigned grantor(s) declare(s) Documentary transfer tax is $. 110.00 City tax $ [xxx] computed on full value of property conveyed, or [ ] computed on full value fess value of liens or encumbrances remaining at time of sale, {xxx ] Unincorporated Area City of FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BA PROPERTIES, INC., a Delaware corporation, hereby GRANT(S) to JAMES F. MALONE, an unmarried man, the following described real property in the Cht/d#/ unincorporated area of the County of Kern State of California: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BA PROPERTIES, INC., “hetdes a Delaway, corporation DATED: November 25, 1996 BY: viUh I STATE OF CALIFORNIA COUNTY OF _LOS ANGELES ON December 3, 1996 before me, Carla A. Heidlberg personally appeared ALAN HENDRIX ALV.P. SUE DONG, A.V.P. and ALAN HENDRIX, A,V.P. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are 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 Fis Ry CARLAA. GEIDLBERG behalf of which the person(s) acted, executed the instrument. ie one rue. oTacranws & LOS ANGELES COUNTY 3s x i! My Comm. Expitas Dec. 11, 1996 h Witness my hand and official seal. Signature MAIL TAX ST, EMENT AS DIRECTED ABOVE ATD-13 (Rev 4/94) GRANT DEED —- — ae m er e Ouz & No. : 102855 EXHIBIT A . Y All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the unincorporated area, County of Kern, State of California, described as follows: Beginning at a point which bears South 89°54‘ West, 2103.70 feet; ection thence North 0°7 35, which point is 1/2' West, 1504.97 feet fromx of the Southeast corne: sai also in the West line of a 60 foot road, thence South 89°52 1/2’ West, 548.98 feet; 5°40" West, 100.47 feet; thence North 89°52 1/2’ Bast, 558.68 feet toa thence North point ‘¢ in the West line of said 60 foot road, thence South 0°7 1/2" Bast, along the West line of said 60 foot road, 100° feet to the point of beginning. oil, gas and other hydrocarbon substances and minerals in or EXCEPTING THEREFROM all any time may be produced or extracted therefrom, as reserved under said land ox that in Deed from Norma Frances Cohn, the duly apointed, qualified and acting Executrix of the Last Will of Bertha M. Cohn, deceased, dated March 8 1949 and recorded March 23, 1949 in Book 1574, Page 431 of Official Records. - = — Lae sere ee Sn" SARIS ESRI TET POPRRI PETTITTE 18 TTT EXHIBIT C a Order No. “James Maples. Assessor -Recorder PATTI Escrow No. ; .Kern County Official Records Loan No. Pages: 2 DOCUMENT #:0200149969 11/22/2808 Hn WHEN RECORDED MAIL TO: 8:24:06 PATRICIA WONG LEE 3701 CENTURY DR. Fees. 18.88 BAKERSFIELD CA 93306 Taxes. her. TOTAL First American Title Company PAID 16.0 ACCOMMODATION RECORDING ‘SPACE ABOVE THIS LINE FOR REC( DOCUMENTARY TRANSFER TAX $.. GIFT. Stat. Types: | IHopar-$— « Computed on the consideration or value of property conveyed; OR ss Computed on the consideration or value less liens or ‘encumbrances remaining at time of sale. ture of Declarant oF fetermining tax — Firm Name APN#020-210-11 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES F. MALONE, a single man do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to PATRICIA WONG LEE, a widow the real property in the G@&KSK unincorporated area County of Kern , State of California, described as SEEs,LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated NOVEMBER 21, 2000 PG gafffs F. MALONE, Jot STATE OF CALIFORNIA COUN’ } on_[l-2|-9O before me, personally appeared AMES fF. MALONE , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capacity(ies), and that by his/her/their signa- {ure(s) on the, nt the person(s) or the entity upon behalf of which the person(s{ acted, dxecut instrument. WITNESS my’ Signature and official Vib b MAIL TAX STATEMENTS TO: (This area for official notarial seal) m B. BAKER COMM. #1242538 HOTARY PUBLIC - CALIFORSIAR ‘My Comm. Erp, DECEMBER 17, 2003; 1085 (1/94) EXHIBIT A All that portion of Section 35, Township 29 South, Range 27 East, M.D.M., in the unincorporated area, County of Kern, State of California, described as follows: Beginning at a point which bears South 69°54’ West, 2103,70 feet; thence North 0°7 1/2¢ West, 1504,97 feet from the Southeast corner of said Section 35, which point ia also in the West line of a 60 foot road, thence South 69°52 1/2’ West, 548,98 feat; thence North 5°40" West, 100.47 feet; thence North 69°52 1/2’ East, 558.68 feet toa point in the West line of said 60 foot road, thence South 0°7 1/2" East, along the West line of said 60 foot road, 100 feet to the point of beginning, EXCEPTING THEREFROM all o11, gas and other hydrocarbon substances and minerals in or under said land or that any time may be produced or extracted therefrom, as reserved in Deed from Norma Frances Cohn, the duly apointed, qualified and acting Executrix of the Last Will of Bertha M. Cohn, deceased, dated March 8, 1949 and recorded March 23, 1949 in Book 1574, Page 431 of Official Records, EXHIBIT D ee s ~~ Order No. Escrow No. s James W. Fitch, Assessor—Recorder TELFORDT Loan No. Kern County Official A jecords 004 Recordad at tho requost of 1:26 PM ut W!N RECORDED MAIL TO: Doc#: 0204037229 Stat Types: 1 Pages: 2 | ITIL JAMES F. MALONE 308 GARNSEY AVENUE Fees 10.00 BAKERSFIELD CA 93309 Taxes 0.00 Others 0.00 ID $10.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ .... GIFT. Computed on ti consideration or value of property conveyed; OR rath Computed 0) remaining le CO! inn of re. or value le; liens or encumbrances hide Sighaturo of Declargft orKeent determining tax — Fim Name — APN #020-210-11 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PATRICIA WONG LEE, a widow dojee) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CHRISTY BOWSER, a married woman the real property in the Gixrk unincorporated area County of Kern , State of California, described as SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated 7-10-03 Vbieis. Worms J p Oe }ss. PATRICIA