Preview
11
GRAY, an.
THEIR ATTORNEYS
between plaintiff Deutsche
Mortgage Pass-Through
evnneos 4
Trust (“Plaintiff’}, by and through its counsel of record on the one hand, and receiver Kenneth
Weaver (“Receiver”), on the other hand (together with Plaintiff, the “Stipulating Parties”), as follows
(the “Stipulation”):
RECITALS
1 WHEREAS, this action was filed on June 29, 2017;
2. WHEREAS, all defendants named in the action were served with the summons and
complaint and answers were filed on August 10, 2017 and August 15, 2017;
3 WHEREAS, on September 11, 2018, Plaintiff filed a motion for appointment of a
receiver;
10 4 WHEREAS, on November 7, 2018, this Court entered an Order Appointing Receiver
li After Hearing and Preliminary Injunction — Rents, Issues and Profits (“Order”) appointing the
12 Receiver;
13 5 WHEREAS, on November 29, 2018, the Receiver posted the required oath and
14 undertaking;
15 6 WHEREAS, Plaintiff also filed a Motion for Summary Judgment (“MSJ”), which
16 was heard on January 29, 2019;
17 7. WHEREAS, on February 4, 2019, this Court issued an order granting Plaintiff's MSJ
18 and thereafter, accordingly, entered judgment entered thereon in favor of Plaintiff on April 8, 2019;
19 8. WHEREAS, during the course of the receivership estate, the Receiver sought to.
20 manage the Property and collect rents; however, defendants refused to cooperate with the Receiver
21 and no rental income was collected;
22 9. WHEREAS, there is no longer a need for the Receiver as judgment has been entered
23 restoring title to Plaintiff;
24 10. WHEREAS, the Receiver is prepared to close the receivership estate;
25 1. WHEREAS, all known potential claimants of the receivership estate shall receive
26 notice of this Stipulation;
27 12. WHEREAS, the Receiver requests that the Court enter an order approving the
28 Receiver’s Final Account and Report attached hereto as Exhibit A, confirming the actions of the
2
STIPULATION FOR ORDER APPROVING FINAL ACCOUNT AND DISCHARGING RECEIVER
panne
Receiver, discharging the Receiver, dissolving the Preliminary Injunction, exonerating and returning
the Receiver’s bond, and approving an order for payment to the Receiver in the amount of $6,782.65
constituting the fees incurred in connection with the receivership;
STIPULATION
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafter set forth, the Stipulating Parties agree and stipulate to:
1 Approve the Receiver’s Final Account and Report in its entirety;
2. Approve and confirm the actions of the Receiver, and discharge the Receiver from
any further duties or liabilities;
10 Dissolve the Preliminary Injunction;
Il Exonerate and return the Receiver’s bond;
12 Approve payment to the Receiver in the amount of $6,782.65, payment to be made by
13 Plaintiff,
14 This Stipulation may be executed in one or move counterparts, each of which may be
15 deemed an original for the purpose of effectuating the Stipulation, but all of which
16 together shall constitute one and the same instrument. Any faxed or PDF emailed
17 counterpart of this Stipulation will be deemed to be an original.
18 TT IS SO STIPULATED.
19 PARKER IBR Re
DATED: April 23, 2019
20
By: fH
21 OHN SOR
RR
MARIEL GERLT-
22 Attorneys for Plaintiff
DEUTSCHE ANE. TIONAL TRUST CO, AS
TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-AR1 TRUST
24
25 DATED: April 23, 2019 Lew ll 4 _
enneth R. Weaver
26 Court Appointed Receiver
27
28
3
STIPULATION FOR ORDER APPROVING FINAL ACCOUNT AND DISCHARGING RECEIVER
ranean
EXHIBIT “A”
DECLARATION OF KENNETH R. WEAVER
I, Kenneth R. Weaver, declare as follows:
1 lam the duly appointed Receiver in the above-entitled action, appointed
by this Court on November 7, 2018. Within this declaration, | set forth my report of
the administration and final account. If called to testify as to the facts set forth in this
declaration, | could and would competently testify thereto since these facts are
personally, known to me to be true.
2 Immediately following my appointment by this Court, | qualified to act
as Receiver by filing a bond in the amount of $10,000, as set forth by the Court, and
10 executed and filed my oath as required by law.
il 3. After filing my oath and bond, | took possession of the real property
Dn commonly known as 12820 Sycamore Avenue, San Martin, CA 95046 (the
13 "Property") for the purpose of collecting rents and securing the Property. | have
14 properly carried out each of my duties as described in the Order appointing me as
15 Receiver.
16 4 | contacted the appropriate utilities for the continuation of services to
17 the Property.
18 5. An initial, thorough inspection of the Property was completed.
19 6. Upon being informed by the Plaintiff on April 23, 2019 that my
Services were no longer required, | divested myself of custody and
2 possession of the Property
22 7. | have prepared the Receiver's final account and report which
accurately reflects the administration of the receivership estate. A true and correct
copy of my final account and report is attached hereto as Exhibit "1" and is
25 incorporated herein by this reference.
26 8. | charged a receiver fee of $200.00 per hour. Total receiver fees for the
27 duration of the receivership including the mileage fees were $3,493.11.
28
DECLARATION OF KENNETH R. WEAVER, RECEIVER
9 Total receipts of the receivership estate were $0.00 as reflected
Om the Balance Sheet on Exhibit “1”. Total expenses of the receivership estate were
$6,782.65 as reflected on the Unpaid Bills By Property Report on Exhibit °1”. Therefore
the Management firm Classic Realty Consultants, Inc is owed $6,782.65
11. No Receiver administrative/overhead personnel and/or other costs were
charged to the Receivership estate.
12. It is submitted that all services supplied by the Receiver and alt
Property expenses paid by the Receiver are reasonable and were incurred to fulfill
the Order Appointing Receiver herein.
10
13. By this declaration, | respectfully request this Court to enter an order
11
approving my final account and report in its entirety, exonerating my bond filed
12
herein and narrating the distribution of funds remaining in the receivership estate.
13
I declare under penalty of perjury under the laws of the State of California
14
that the foregoing is true and correct.
15
Executed this 23" day of April 2019 at Sacramento, CA.
16
17
18 th R. eaver, eclarant
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DECLARATION OF KENNETH R. WEAVER, RECEIVER:
EXHIBIT 1
i, Prepared By: Classic Realty Consuftants
Classic Balance Sheet 5150 Sunrise Blvd
aay feats, de Sulte H-6
Cash Basis, As of 4/23/2019 Fair Oaks, CA 95628
12820 Sycamore Avenue
Liabilities & Equity
Equity
Retained Earnings $0.00
Net Income $0.00
Totat Equity $0.00
Total Liabilities & Equity $0.00
Generated 4/23/2019 9:24 AM Page
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al.
Santa Clara Superior Court Case No.: 17CV312433
1am employed in the County of Orange, State of California. I am over the age of 18 years and not a
party to the within action. My business address is Parker Ibrahim & Berg LLP, 695 Town Center
Drive, 16" Floor, Costa Mesa, CA 92626.
On April 24, 2019, I served the foregoing document described as STIPULATION FOR
ENTRY OF ORDER: (1) APPROVING THE RECEIVER’S FINAL ACCOUNT AND
REPORT; (2) CONFIRMING THE RECEIVER’S ACTION AND DISCHARGE OF THE
RECEIVER; (3) DISSOLVING THE PRELIMINARY INJUNCTION; (4)
EXONERATING AND RETURNING THE RECEIVER’S BOND; AND(5) FOR
PAYMENT OF RECEIVER’S FEES on the interested parties in this action.
10 by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s),
addressed as follows:
11
& BY REGULAR MAIL: I deposited such envelope in the mail at 695 Town Center Drive,
12 Costa Mesa, California. The envelope was mailed with postage thereon fully prepaid.
I am “readily familiar” with the firm’s practice of collection and processing correspondence
13 for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary
course of business. I] am aware that on motion of the party served, service is presumed invalid
14 if postal cancellation date or postage meter date is more than one (1) day after date of deposit
for mailing in affidavit.
15
BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT WAS
16 PRODUCED ON PAPER PURCHASED AS RECYCLED
17 BY FACSIMILE MACHINE: | Tele-Faxed a copy of the original document to the above
facsimile numbers.
18
BY OVERNIGHT MAIL: I deposited such documents at the Golden State Overnight or
19 Federal Express Drop Box located at 695 Town Center Drive, Costa Mesa, CA 92626. The
envelope was deposited with delivery fees thereon fully prepaid. _
20
BY ELECTRONIC MAIL: I served the foregoing document by electronic mail to the email
21 address(es) listed on the service list.
22 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above
addressee(s),
23
(State) I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct.
25 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at
whose direction the service was made.
26
Executed on April 24, 2019, at Costa Mesa, California.
27
KVior
28 Rhonda K. Viers
2003.0425
PROOF OF SERVICE
9327903.1
SERVICE LIST
Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al,
Santa Clara Superior Court Case No.: 17CV312433
Raymond Gray, Sr. Defendants in Pro Per
Timothy Gray
Elizabeth Ancheta F: (408) 686-1656
12820 Sycamore Ave,
San Martin, California 95046
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PROOF OF SERVICE
2003.0425
aaa7H0o.
Preview
11 GRAY, an. THEIR ATTORNEYS between plaintiff Deutsche Mortgage Pass-Through evnneos 4 Trust (“Plaintiff’}, by and through its counsel of record on the one hand, and receiver Kenneth Weaver (“Receiver”), on the other hand (together with Plaintiff, the “Stipulating Parties”), as follows (the “Stipulation”): RECITALS 1 WHEREAS, this action was filed on June 29, 2017; 2. WHEREAS, all defendants named in the action were served with the summons and complaint and answers were filed on August 10, 2017 and August 15, 2017; 3 WHEREAS, on September 11, 2018, Plaintiff filed a motion for appointment of a receiver; 10 4 WHEREAS, on November 7, 2018, this Court entered an Order Appointing Receiver li After Hearing and Preliminary Injunction — Rents, Issues and Profits (“Order”) appointing the 12 Receiver; 13 5 WHEREAS, on November 29, 2018, the Receiver posted the required oath and 14 undertaking; 15 6 WHEREAS, Plaintiff also filed a Motion for Summary Judgment (“MSJ”), which 16 was heard on January 29, 2019; 17 7. WHEREAS, on February 4, 2019, this Court issued an order granting Plaintiff's MSJ 18 and thereafter, accordingly, entered judgment entered thereon in favor of Plaintiff on April 8, 2019; 19 8. WHEREAS, during the course of the receivership estate, the Receiver sought to. 20 manage the Property and collect rents; however, defendants refused to cooperate with the Receiver 21 and no rental income was collected; 22 9. WHEREAS, there is no longer a need for the Receiver as judgment has been entered 23 restoring title to Plaintiff; 24 10. WHEREAS, the Receiver is prepared to close the receivership estate; 25 1. WHEREAS, all known potential claimants of the receivership estate shall receive 26 notice of this Stipulation; 27 12. WHEREAS, the Receiver requests that the Court enter an order approving the 28 Receiver’s Final Account and Report attached hereto as Exhibit A, confirming the actions of the 2 STIPULATION FOR ORDER APPROVING FINAL ACCOUNT AND DISCHARGING RECEIVER panne Receiver, discharging the Receiver, dissolving the Preliminary Injunction, exonerating and returning the Receiver’s bond, and approving an order for payment to the Receiver in the amount of $6,782.65 constituting the fees incurred in connection with the receivership; STIPULATION NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, the Stipulating Parties agree and stipulate to: 1 Approve the Receiver’s Final Account and Report in its entirety; 2. Approve and confirm the actions of the Receiver, and discharge the Receiver from any further duties or liabilities; 10 Dissolve the Preliminary Injunction; Il Exonerate and return the Receiver’s bond; 12 Approve payment to the Receiver in the amount of $6,782.65, payment to be made by 13 Plaintiff, 14 This Stipulation may be executed in one or move counterparts, each of which may be 15 deemed an original for the purpose of effectuating the Stipulation, but all of which 16 together shall constitute one and the same instrument. Any faxed or PDF emailed 17 counterpart of this Stipulation will be deemed to be an original. 18 TT IS SO STIPULATED. 19 PARKER IBR Re DATED: April 23, 2019 20 By: fH 21 OHN SOR RR MARIEL GERLT- 22 Attorneys for Plaintiff DEUTSCHE ANE. TIONAL TRUST CO, AS TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR1 TRUST 24 25 DATED: April 23, 2019 Lew ll 4 _ enneth R. Weaver 26 Court Appointed Receiver 27 28 3 STIPULATION FOR ORDER APPROVING FINAL ACCOUNT AND DISCHARGING RECEIVER ranean EXHIBIT “A” DECLARATION OF KENNETH R. WEAVER I, Kenneth R. Weaver, declare as follows: 1 lam the duly appointed Receiver in the above-entitled action, appointed by this Court on November 7, 2018. Within this declaration, | set forth my report of the administration and final account. If called to testify as to the facts set forth in this declaration, | could and would competently testify thereto since these facts are personally, known to me to be true. 2 Immediately following my appointment by this Court, | qualified to act as Receiver by filing a bond in the amount of $10,000, as set forth by the Court, and 10 executed and filed my oath as required by law. il 3. After filing my oath and bond, | took possession of the real property Dn commonly known as 12820 Sycamore Avenue, San Martin, CA 95046 (the 13 "Property") for the purpose of collecting rents and securing the Property. | have 14 properly carried out each of my duties as described in the Order appointing me as 15 Receiver. 16 4 | contacted the appropriate utilities for the continuation of services to 17 the Property. 18 5. An initial, thorough inspection of the Property was completed. 19 6. Upon being informed by the Plaintiff on April 23, 2019 that my Services were no longer required, | divested myself of custody and 2 possession of the Property 22 7. | have prepared the Receiver's final account and report which accurately reflects the administration of the receivership estate. A true and correct copy of my final account and report is attached hereto as Exhibit "1" and is 25 incorporated herein by this reference. 26 8. | charged a receiver fee of $200.00 per hour. Total receiver fees for the 27 duration of the receivership including the mileage fees were $3,493.11. 28 DECLARATION OF KENNETH R. WEAVER, RECEIVER 9 Total receipts of the receivership estate were $0.00 as reflected Om the Balance Sheet on Exhibit “1”. Total expenses of the receivership estate were $6,782.65 as reflected on the Unpaid Bills By Property Report on Exhibit °1”. Therefore the Management firm Classic Realty Consultants, Inc is owed $6,782.65 11. No Receiver administrative/overhead personnel and/or other costs were charged to the Receivership estate. 12. It is submitted that all services supplied by the Receiver and alt Property expenses paid by the Receiver are reasonable and were incurred to fulfill the Order Appointing Receiver herein. 10 13. By this declaration, | respectfully request this Court to enter an order 11 approving my final account and report in its entirety, exonerating my bond filed 12 herein and narrating the distribution of funds remaining in the receivership estate. 13 I declare under penalty of perjury under the laws of the State of California 14 that the foregoing is true and correct. 15 Executed this 23" day of April 2019 at Sacramento, CA. 16 17 18 th R. eaver, eclarant 19 20 2 22 24 27 28 DECLARATION OF KENNETH R. WEAVER, RECEIVER: EXHIBIT 1 i, Prepared By: Classic Realty Consuftants Classic Balance Sheet 5150 Sunrise Blvd aay feats, de Sulte H-6 Cash Basis, As of 4/23/2019 Fair Oaks, CA 95628 12820 Sycamore Avenue Liabilities & Equity Equity Retained Earnings $0.00 Net Income $0.00 Totat Equity $0.00 Total Liabilities & Equity $0.00 Generated 4/23/2019 9:24 AM Page 1 of 1 clef! bi | S 3 5a 5 o ele egy 3 ae RRB IAB AB laaR laag laae lee = g g g : =a 2o 2 ¢ 2 : ; : | & > 7 al aii Z| =Z| 2 g| é & gle Hii Oo ai ii a gf a z re Azo on 1s ow #2 #3 ile ae za ae ay o3 as alee eae BS k ae 5 “§ |i ze gS 2Lo 2a Sp 5 UO isl 8 3; # ag ng Eo a seg 2 8 i PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al. Santa Clara Superior Court Case No.: 17CV312433 1am employed in the County of Orange, State of California. I am over the age of 18 years and not a party to the within action. My business address is Parker Ibrahim & Berg LLP, 695 Town Center Drive, 16" Floor, Costa Mesa, CA 92626. On April 24, 2019, I served the foregoing document described as STIPULATION FOR ENTRY OF ORDER: (1) APPROVING THE RECEIVER’S FINAL ACCOUNT AND REPORT; (2) CONFIRMING THE RECEIVER’S ACTION AND DISCHARGE OF THE RECEIVER; (3) DISSOLVING THE PRELIMINARY INJUNCTION; (4) EXONERATING AND RETURNING THE RECEIVER’S BOND; AND(5) FOR PAYMENT OF RECEIVER’S FEES on the interested parties in this action. 10 by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows: 11 & BY REGULAR MAIL: I deposited such envelope in the mail at 695 Town Center Drive, 12 Costa Mesa, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence 13 for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I] am aware that on motion of the party served, service is presumed invalid 14 if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 15 BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT WAS 16 PRODUCED ON PAPER PURCHASED AS RECYCLED 17 BY FACSIMILE MACHINE: | Tele-Faxed a copy of the original document to the above facsimile numbers. 18 BY OVERNIGHT MAIL: I deposited such documents at the Golden State Overnight or 19 Federal Express Drop Box located at 695 Town Center Drive, Costa Mesa, CA 92626. The envelope was deposited with delivery fees thereon fully prepaid. _ 20 BY ELECTRONIC MAIL: I served the foregoing document by electronic mail to the email 21 address(es) listed on the service list. 22 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above addressee(s), 23 (State) I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at whose direction the service was made. 26 Executed on April 24, 2019, at Costa Mesa, California. 27 KVior 28 Rhonda K. Viers 2003.0425 PROOF OF SERVICE 9327903.1 SERVICE LIST Deutsche Bank National Trust Co. v. Raymond Gray, Sr., et al, Santa Clara Superior Court Case No.: 17CV312433 Raymond Gray, Sr. Defendants in Pro Per Timothy Gray Elizabeth Ancheta F: (408) 686-1656 12820 Sycamore Ave, San Martin, California 95046 10 ll 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 2003.0425 aaa7H0o.