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HAROLD M. JAFFE/CASB #57397
LAW OFFICES OF HAROLD M. JAFFE
3521 Grand Avenue
Oakland, CA 94610
Tel: (510) 452-2610~Fax: (510) 452-9125
email: jaffe510@aol.com
Attorney for Plaintiff JAIME TELLIER
ELECTRONICALLY
FILED
Supertor Court of Caiffornia,
County of San Francisco
11/02/2015
Clerk of the Court
BY:CAROL BALISTRERI
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
JAIME TELLIER,
Plaintiff,
vs.
JODI A. TELLIER, DOES 1 through
10, inclusive,
Defendants.
AND RELATED CROSS-ACTION.
/
I, HAROLD M. JAFFE, declare:
CASE NO. CGC09 489069
DECLARATION OF HAROLD M. JAFFE IN
SUPPORT OF APPLICATION FOR ISSUANCE
OF AN ORDER TO SHOW CAUSE RE
CONTEMPT
[CCP §§ 1211, 2015.5]
[WITHOUT A HEARING]
JUDGMENT
ENTERED BY: Hon. Monica F.Wiley
DEPT: 404
DOF: June 4, 2009
TRIAL DATE: Not Applicable
1. 1am an attorney at law duly licensed to practice in all courts of the State of California
and am attorney of record for plaintiff, JAIM
iE TELLIER, herein.
2. The matters stated herein are within my own personal knowledge and belief and if
called as a witness I could and would competently testify thereto.
3. On or about December 13, 2011, this Court entered a Judgment for damages, for
partition, and for acceptance of referee’s report, a true and correct copy of which is attached hereto
1
DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPTas Exhibit 1. Paragraph 7 of the Judgment (Ex. A) states in pertinent part, “Jodie Tellier shall
arrange for removal of Jaime Tellier’s name as the obligor on the loan for the 2055 42nd Avenue,
San Francisco, California property within 180 days after the opening of escrow, or shall refinance
the loan so that Jaime Tellier no longer has any obligation regarding the 42nd Avenue Property
within 180 days from the opening of escrow.” Defendant had actual knowledge of the Judgment
(Ex. A) when the Judgment was made. At all times herein mentioned, the defendant had the ability
to comply with the foregoing Judgment, and still has the ability to do so, or had the ability to do so
at the time the Judgment was violated.
4, At all times herein mentioned the Judgment has remained in full force and effect.
5. On August 27, 2014, plaintiff filed a motion to enforce the Judgment, which was
heard on December 19, 2014. On February 4, 2015, an Order Granting Plaintiffs Motion to Enforce
Judgment was entered, notice of entry of which was served and filed on March 16,2015. A true and
correct copy of the Notice of Entry of Order Granting Plaintiff's Motion to Enforce Judgment is
attached hereto as Exhibit 2.
6. Defendant has disobeyed the February 4, 2015 Order in that plaintiff is still a trustor
on the Deed of Trust encumbering the 2055 42nd Avenue, San Francisco, California property.
7. From what the undersigned has determined from researching the records of the San
Francisco County Recorder’s Office, according to an Assignment of Deed of Trust recorded March
24, 2013, Jaime Tellier remains on title as trustor. A true and correct copy of San Francisco County
Recorder’s Office Search Results is attached hereto as Exhibit 3.
8. Defendant’s disobedience has been willful and with the intent to frustrate the process
of this Court and deprive plaintiff herein of the benefits to which he is entitled under the Order.
9. On July 2, 2015, Anthony Theophilos, who was originally the Referee in this action,
was reappointed Referee by the Court. A true and correct copy of Anthony Theophilos’ declaration
dated August 29, 2015, is attached hereto as Exhibit 4. As Mr. Theophilos states in his declaration,
without the cooperation from Ms. Tellier, he cannot market and sell the property pursuant to the
order entered by this Court on July 2, 2015.
10. Based on the above, your declarant, on behalf of Plaintiff, is requesting that an Order
2
DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPToo em ND HW
to Show Cause Re Contempt be issued by this Court based on the moving papers and without the
expense of an appearance at a hearing.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and this declaration is executed on October 22, 2015, at Oakland, California.
Hoeta Mi Lil
HAROLD M. JAFFE 7
3
DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPTEXHIBIT 12/44
7879353568 UPS STORE 1743 PAGE @
LO CO
93/26/2014 15:49
1 TT WILLIAM H, PAYNTER
LAW OFFICE OF WILLIAM H. PAYNTER .
2 I1STATE BAR # pe8nte 8 /
4
3 SONOMA CA Uea78. San Franalace County Supsarlor Court
707.996.5605 : . .
4 11 707,996.4629 Facsimile : . DEC 18 204
S$ Attorney for Plaintiff OLERK OF THE COURT
fae = Ray aa
6
7
a|
. SUPERIOR COURT OF CALIFORNIA
9 ’ .
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
u Case No.: CBC 09 489069
12 |] JAIME TELL
! A IER “Unlimited Civil Case”
13 Plaintiff,
14 Vs. . 4 Ar
1S . . . Ren eeeo hl : JUDGMENT FOR 77
DAMAGES AND FOR PARTITION AND — |-
16. || JODI A. TELLIER, et al, FOR ACCEPTANCE OF REFEREE'S
REPORT
u Defendants, . .
18 | AND RELATED CROSS COMPLAINTS Judge: Hon, Monica F. Wiley
19
20
au )
22, J
23 . . :
oa This matter came on regulatly for trial on June 3, 4, 7 and 8, 2040, before the
2s | Honorable Monica F, Wiley in Department 624 of the San Francisco Superior Court
06 located at 400 McAlister Street, San Francisco, California: ,Willlam H. Paynter appeared
” as counsel for Jaime Tellier (“Plaintiff?). Scott Bassin appeared as counsel for Defendant
Jodi A. Tellier (‘Defendant’),83/26/2614 15:43
‘][ 60% undivided Joint tenancy intérest,
7879353568 UPS STORE 1743 . PAGE 83/14
OQ
oO
The matter was submitted to the Court for decision, and after deliberation and good
cause appearing, and the Court having entered its Statement of Decision After Court Trial,
the Court then issued Its Interlocutory Judgment pursuant to the Statement of Decision and
that was issued and entered by the Court on January 26, 2011.
Anthony Theophilos was appointed by order of this court on April 14, 211
pursuant to an Interlocutory Judgment for Damages and for Partition filed on January 25,
2011 as Referee.
1. Pursuant to the Qrder, the Referee was charged with responsibility
for securing appraisals on two.properties: (1) 2055 42nd Avenue, San Francisco, California
(the “42nd Avenue Property”), and (ii) 12847 Dunbar Road, Glen Ellen, Californfa (the
“Dunbar Property”, which together with the Dunbar Property are collectively calfed the
“Prdperties’) and doing a final repart recommending how to implement the terms of the
interlocutory Judgment, ‘
2. The Referee has submitted his report to the Court in the fornn of his
Declaration of Referee Anthony Theophilos Regarding Final Accounting and Report and it
was filed on November 18, 2011.
3 The Court has also received the Stipulation of the parties and their
counsel accepting the Final Accounting and Report and the Referea’s recommerdations
and conclusions.
4, The 42nd Avenue Property is owned by Jodi Tellier as to an
undivided 50% joint tenancy interest together with her brother, Jaime Tellier, who owns a63/26/2814
s
spose oo:
Db
3S
QE
64/11
15:43 7079353566 UPS STORE 1743 PAGE
O
5. The Dunbar Property is owned by Jodi Tellier as fo an undivided 50%
Joint tenancy interest together with her brother, Jaime Tellier, who owns a 50% undivided
Joint tenancy interest.
6. The Referee directs that pursuant to the Court's ruling in this matter
that Jaime Tellier is to own a 100% interest in the Dunbar Property and Jodi Tellier is to
own an undivided 100% undivided interest in the 42nd Avenue Property.
7. To achieve that end, Referee elected to have both Properties
appraised and the fair market values reconciled so that Jaime Tellier can buy ‘rom Jodi
Tellier her 30% undivided interest in the Dunbar Bar Property: and Jodi Tellier can buy from
Jaime Tellier his 50% undivided Interest in the 42" Avenue Property. Jodi Tel lier she
arrange for removal of Jaime Tellier's name as the obligor on the loan for the 427A Avene
Property within 180 days after the opening of escrow, or shall refinance thé loa. so that
Jaime Telller no longer has any obligation regarding the 42 Avenue Property within 180.
days from the opening of escrow, Failure to accomplish the foregoing shall authorize the
Referee to liquidate the 42" Avenue Property in order to effectuate the Judgment and
a
i
close escrow. The funds owed to Jodi Tellier from escrow shail be distributed b her when
Jaime Tellier’s name is removed from the 42™ Avenue Property loan either by refinance,
removal or liquidation of the 4288 avenue property. Any cost for the sale and to pay the
Referee to accomplish this task shall be deducted from the funds being held in escrow,
8. The 42nd Avenue.Properly was appraised by Jan Miller of Miller and
Perotti ata market value of $565,000.
. & . .The Dunbar Property was appraised by Gary Vice of VI
Services at a market value of $850, 000,PAGE 95/11
upS STORE 1743
03/26/2814 15:49 7879353568
CO
A 10. The Clear Lake properties (two lots) at 16624 Ninth Avenue were not
2 appraised as the parties agreed that they had equal value, Neither expressed any
3
preference for either lot, so Jaime Tellier is to decide upon which lot he selects and the
other shall go to Jodi Tellier. The transfer shall take place in the escrow account
6 ‘hereinafter described.
Pursuant to the Declaration and findings of the Referee, the
7 Wt
® Il reconciliation of the fair market value of the 42nd Property net of ahy debt encumbering it
and the market value of the Dunbar Property, which indicates that Jaime Tellier must pay
Jodi Telliet the sum of $353,631.06 in order for them to each own a 400% interest in the
Property they shall own, The balance owed on the 424 Property is reduced every month
_ 33 land the final balance owed by JaimeTallier shall.be adjusted at the close of escrow for the
14
bayment and the transfer of the properties based on that reduced balance.
-AS=
16 12. Pursuant to the Declaration and findings of the Referee the
17 |} calculation of the damages awarded {o Jaime Tellier and the accumulated interest on that
18 || Judgment through July 31, 2011 was $262,053.40, The balance owed on the damages
‘9 |! awarded shail be adjusted as a setoff against the balance owed on the properties and at
20 . ,
the close of escrow the interest incurred on the damages shall be adjusted as fo the
darhages.
23 43,° Pursuant to the Declaration and findings of the Referee and “he
24 |! Stipulation and Order regarding the parties’ recovery of costs and attorney fees batween
2s .
the parties and those costs and fees shall also be included in the.distribution from escrow
‘in this matter in the amount set forth in that Order. .
0 GHARPAGE 86/11
UPS STORE 1742
Cy EY
7079353568
@3/26/2814 15:43
i 14, Pursuant to the Declaration and findings of the Referee the expenses
incurred by the Referee from the date of hig appointment to the date of his final report are
approved and shall be paid out of escrow. The Referee billed for fees at the rate of $350
per hour. Total fees requested are the sum of $9,292.50 and expenses totaled $2,582.58,
6 15. An escrow shall be opened by Jaime Tellier for the payment of funds
7 |I to transfer the Properties and all other duties of the Parties pursuant to this Jucigment and
the Stipulation of the Parties for Judgment,
16. The parties understand that a violation of the terms of this Judgment.
may result In seeking relief from the Court and the Prevailing party shail be entiled to
attorney's fees and costs for enforcement of this Judgment.
: 17. Said escrow shall be opened within 10 days of the entry of this
14 || Judgment and the Parties shall perform all their duties pursuant to this Judgmerit,
“18 HITS So ORDERED;
16 :
7
18 || DATED: | z} 13} [}
19
20 || DATED: _
a1 {| APPROVED AS TO FORM and CONTENT:
22 |! 10 obfertims swrlortted by Defondan:
SCOTT L. BASSIN, ATTORNEY FOR DEFENDANTEXHIBIT 2HAROLD M. JAFFE/CASB #57397
LAW OFFICES OF HAROLD M, JAFFE
3521 Grand Avenue
Oakland, CA 94610
Tel: (510) 452-2610~Fax: (510) 452-9125
email: jaffeS 10@aol.com
Attomey for Plaintiff JAIME TELLIER
JAIME TELLIER,
Plaintiff,
IVS.
NODI A. TELLIER, DOES 1 through 10,
linclusive,
Defendants.
IAND RELATED CROSS-ACTION.
/
PLEASE TAKE NOTICE that on Fel
IDATED: March 16, 2015
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD! ~~”
ELECTRONICALLY
FILED
Superior Court of California,
Caunty of San Francisco
MAR 16 2015
Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CASE NO. CGC09 489069
NOTICE OF ENTRY OF ORDER GRANTING.
PLAINTIFF’S MOTION TO ENFORCE
JUDGMENT
DATE: December 19, 2014
TIME: 9:00 a.m.
DEPT: 404
DOF: June 4, 2009
TRIAL DATE: Not Applicable
bruay 4, 2015, an Order Granting Plaintiff's Motion
Ito Enforce Judgment, a copy of which is attached hereto as Exhibit A, was entered.
Ha cork “A Gals
HAROLD M. JAFFE, Attonifey for Plaintiff JAIME
_ TELLIER
i
‘NEO GRANTING PLP"
'S MT. TO ENFORCE JUDGMENTORIGINAL
( (
( : ,
' “Ah
@ e
HAROLD'M. JAFFE/CASB #57397
LAW OFFICES OF HAROLD M. JAFFE
3521 Grand. Avenue :
Oakland, CA 94610 . San Francisco County Superior Court
Tel: (510) 452-2610~Fax: (510) 452-9125
email: jaffe510@aol,com FCB <4 2015
Attomey for Plaintiff JAIME TELLIER ou COURT
ay Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA —
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO:
UNLIMITED JURISDICTION
JAIME TELLIER, CASE NO. CGC09 489069
ORDER GRANTING PLAINTIFE’S MOTION
Plaintiff, TO ENFORCE JUDGMENT
vs. So DATE: “~ Décember 19, 2014
TIME: . 9:00 a.m.
DEPT: 404
JODI A. TELLIER, DOES | throngh 10, . -
inclusive, PAPERS FILED: Not. of Mt. & Mt. To Enforce
Judgment, Memo, of P&A in Support, Request for
Judicial Not. Dec. of Jaffe and Proposed Order
Defendants.
/ DOF: June 4, 2009
TRIAL DATE: Not Applicable
AND RELATED CROSS-ACTION,
The motion of plaintiff, JAIME TELLIER, to enforce judgment, came on regularly for
hearing on December 19, 2014, at 9:00 a.m., in Department 404, Monica F. Wiley, presiding.
Harold M. Jaffe appeared for JAIME TELLIER, no appearance was made by JODI TELLIER, nor
was any opposition filed by JODI TELLIER. The Couit, having considered the moving. opposing
papers, the argument of counsel, and good cause appearing;
If IS HEREBY ORDERED that:
: 1
ORDER GRANTING PLP'S MT. TO ENFORCE JUDGMENT
EXHIBIT Aan
DATED:
(
The motion is granted and defendant JODI TELLIER shall cause to be removed from
the loan encumbering the zeal property located at 2055 42nd Avenue, San Francisco,
Califomia, a lien which includes the name of JAIME TELLIER.
A farther héaring shall be held on February 17, 2015, at 9:00 a.m., in Department
404, at which time any motion that JAIME TELLIER may file for attorneys’ fees
may be heard,
Uaf is
Ke MOMEAP. WILEY, SBE ee
MONICA WILEY
2
ORDER GRANTING PLE’S MT. TO ENFORCE JUDGMENT
EXHIBIT APROOF OF SERVICE
Tam a resident of the County of Alameda; I am over the age of eighteen years and not a party to the
\vithin entitled action. My business address is 3521 Grand Avenue, Oakland, CA 94610.
On the date herein below stated, I served the within document(s):
NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION TO ENFORCE
JUDGMENT
by facsimile transmission on said date. This document was transmitted by using a facsimile machine
that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The
transmission was reported as complete and without error, A. copy of the transmission report,
properly issued by the transmitting machine, is in sender’s file, The names and facsimile numbers
of the person(s) served are as set forth below.
XX byplacing a true copy of the document(s) listed above for collection and mailing following the firm's
ordinary business practice in a sealed envelope with postage prepaid for deposit in the United States
mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below.
by depositing in a box or similar facility maintained by:__ United Parcel Service; Q Federal Express;
O DHL Worldwide Express; an express mail service carrier, in an envelope designated by said
express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed
as set forth below.
by personally delivering a copy of the document listed above to the person at the address set forth
below.
IXX by electronically delivering a copy of the document(s) listed above to the person at the email
address(es) set forth below, confirmation transmission in Sender’s file.
Jodi Tellier Jodie Tellier
IPO Box 403 135. 3rd Street
Shandon, CA 93461 Shandori, CA 93461
Tel: (805) 440-6987
email: jtelliermili@gmail.com
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on March 16, 2015, at Oakland,
California.
Bek
GAIL SMITH
\EXHIBIT 3Document List By Name
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Date Document Doc Type EIR Name
Show Name Detail Show APN Detail 07/26/2013 J715203-00 DEED E TELLIER JODI
Show Name Detail Show APN Detail 03/30/2006 1152964-00 DEED E TELLIER JODI
Show Name Detail Show APN Detail 03/24/2014 J854926-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JODI A
Show Name Detail Show APN Detail 10/02/2013 J765430-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JODI A
Show Name Detail Show APN Detail 09/11/2013 J754773-00 RESCISSION/CANCEL NOTICE OF DEFAULT € TELLIER JODIA
Show Name Detail Show APN Detail 07/03/2013 J700696-00 NOTICE OF DEFAULT R TELLIER JODI A
Show Name Detail Show APN Detail 09/21/2010 J052651-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JOOI A
how Name Deiail Show APN Detail 07/03/2006 !203633-00 DEED OF TRUST R TELLIER JOO! A
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2014 J854926-00 03/24/2014 ASSIGNMENT OF DEED OF TRUST H & R BLOCK BANK FSB
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http/Awew.criis.comAveblemp/23.116.41.6/doc_detail_n.html October 12, 2015EXHIBIT 4DECLARATION
The undersigned, Anthony Theophilos, declare as follows:
L.
Tam personally familiar with the facts and events set forth herein and if
called upon, would so testify.
On July 2nd, 2015 I was reappointed receiver in that matter captioned Jaime
Tellier vs. Jodi A. Tellier, Case No. CGC09 489069 in the San Francisco
County Superior Court pursuant to that Order attached hereto as Exhibit A
(the “Order”).
On July 13, 2015, I mailed to Jodi Tellier a letter via Certified Mail-Return
Receipt Requested, advised her of my appointment and requesting a key to
the subject property, a list of the current tenants of the property and copies of
their leases. A copy of my letter is attached as Exhibit B.
My letter was returned by the U.S. Postal Service stamped “Return to Sender
Unable to Forward”. A copy of the envelope is attached as Exhibit C.
. [managed to obtain the phone number of Jodi Tellier and spoke to her in
the morning on August 3rd, 2015, during which I advised her of my
appointment and the contents of my July 13, 2015 letter. During this
conversation, I obtained her email address.
After speaking to her on August 3, 2015, I emailed her a copy of July 13,
2015 letter. That email and the email exchange that followed are attached as
Exhibit D.
Ms. Tellier is refusing to cooperate by failing to provide me with the items
requested in my July 13, 2015. Without those items, I cannot market and sell
the subject property pursuant to the Order. :
I declare under penalty of perjury that the foregoing is true and correct and that
this declaration was executed under the laws of the State of California on August
29, 2015
La
Anthony TheophilosEXHIBIT AHAROLD M, JAFFE/CASB #57397 ENDORSED
F
LAW OFFICES OF HAROLD M. JAFFE tC E |
352 _Grand Avec Seay SPR ane
Tel: (510) 452-261 0~Fax: (510) 452-9125 JUL 02 2045
email: jaffeS10@aol.com .
: CLERK OF THE COURT
Atiomey for Plaintiff JAIME TELLIER 5Y: LINDA FONG
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
JAIME TELLIER, CASE NO. CGC09 489069
PROPOSED}
Plaintiff, ORDER GRANTING MOTIONTO REAPPOINT
ANTHONY THEOPHILOS AS REFEREE, TO
8. ENFORCE JUDGMENT OF DECEMBER 13,
2011
ODI A. TELLIER, DOES | through 10, DATE: July 2, 2015
inclusive, TIME: 1.45 p.m.
DEPT: 403
Defendants.
/
AND RELATED CROSS-ACTION. DOF: June 4, 2009 .
/ TRIAL DATE: Not Applicable
‘The motion of plaintiff, JAIME TELLIER, to reappoint Anthony Theophilos as referee to
lenforce judgment of December 13, 2011, cameon regularly for hearing on July 2, 2015, at 1:45 pm,
in Department 403, Monica F. Wiley, presiding. The Court, having considered the moving and
jopposing papers, and good cause appearing:
TT IS HEREBY ORDERED that:
iL Anthony Theophilos is hereby appointed Referee for the purpose of selling the real
property located at 2055 42nd Avenue, San Francisco, California.
i]
it
1
ORDER GRANTING MI. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO ENFORCE JUDGMENT
EXHIBIT AJUL 02 2015
IDATED: MONICA WILEY
MONICA F. WILEY, JUDGE OF THE SUPERIOR
COURT
eckpprovedtas-te-femn.
DATED:
JOST TELLER, Detendantin Pre Per
2
ORDER GRANTING 2{T. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO ENFORCE JUDGMENTPROOF OF SERVICE
Tam a resident of the County of Alameda; I am over the age of eighteen years and not a party to the
within entitled action, My business address is 3521 Grand Avenue, Oakland, CA 94610.
On the date herein below stated, J served the within document(s):
; NOTICE OF ENTRY OF ORDER GRANTING MOTION TO REAPPOINT ANTHONY
JTHEOPHILOS AS REFEREE, TO ENFORCE JUDGMENT OF DECEMBER 13, 2011
by facsimile transmission on said date. This document was transmitted by using a facsimile machine
that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The
transmission was reported as complete and without error, A copy of the transmission report,
properly issued by the transmitting machine, is in sender’s file. The names and facsimile numbers
of the person(s) served are as set forth below.
IXX by. placing a true copy of the document(s) listed above for collection and mailing following the fimn's
ordinary business practice ina sealed envelope with postage prepaid for deposit in the United States
mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below,
by depositing in a box or similar facility maintained by:_ United Parcel Service; Q Federal Express;
Q DHL Worldwide Express; an express mai] service carrier, in an envelope designated by said
express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed
as set forth below.
by personally delivering a copy of the document listed above to the person at the address set forth
below.
IX by electronically delivering a copy of the document(s) listed above to the person at the email
address(es) set forth below, confirmation transmission in Sender’s file,
Vodi Tellier Anthony Theophilos
PO Box 403 : STARR FINLEY, LLP
Shandon, CA 93461 One California St., Ste. 300
Tel: (805) 440-6987 San Francisco, CA 94111
pmail: jtelliermill@gmail.com T: (415) 658-0800/F: (415) 399-1407
email: tony@starrfinley.com
edie Tellier
135 N. 3rd Street
Shandon, CA 93461
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
is true and correct, and that this Declaration was executed on July 6, 2015, at Oakland, California.
ale oi a To:
GAL/SMITH
UEXHIBIT BSTARR: FINLEY up
One California Street Tel 425 658-0800
Suite 300 Fax 435 399-1407
San Francisco, California gqrrr July 13, 2015 www.starrfinley.com
Via Certified Mail—Return Receipt Requested
Jodi Tellier
135 N. 3rd Street
Shandon, CA 93461-4609
Re: 2055 42nd Avenue, San Francisco, California 94116
Dear Ms, Tellier:
By Order of the Superior Court in and for the City and County of San Francisco, I have
been reappointed Receiver to Enforce Judgment of December 13, 2011, with instructions from
the Court to sell the above referenced property. A copy of the Order is attached.
Please call me at your earliest convenience to make arrangements to deliver to me the
following:
« A key to the house;
« A current list of tenants, if any, with mailing addresses if different from the house;
and
« Copies of all tenant leases, if any.
It is my intention to have the house appraised and then listed for sale with a duly licensed
real estate broker.
Thank you for your prompt attention to this matter.
Very truly yours,
STARR FINLEY LLP
Anthony Theophilos, P.C.
ce: Harold M,. Jaffee
Law Offices of Harold M. Jaffee
3521 Grand Avenue
Oakland CA 94610
Jamie Tellier
12847 Dunbar Road
Glen Ellen, CA 95442EXHIBIT C* i th
vee “eccensenneee eros
NIXIE 934612911-1N 07/20/15
RETURN TO :
UNABLE TO FONWEED ‘
UNABLE TO FORWARD
' RETURN TO SENDER
7003 OS00 DOoO 4160 7801
WoollatebsL Ast UM atMerttbisalllaetMalldeallldl thal ll
STARR* FINLEY tie
One California Street
Suite 300
Sen Francisco, California 94117
| Tel 415 638-0800
| JODI TELLIER
| 435N 3RD ST
SHANDON CA 93461-4609
, es A aEXHIBIT DTony Theophilos
* From: Tony Theophilos
Sent: Monday, August 03, 2015 10:43 AM
To: ‘jtelliermill@gmail.com’
Subject: FW: Emailing: Letter to Tellier 071315.pdf
Attachments: Letter to Tellier 071315.pdf
Ihave attached the letter and Order I sent to you by registered U.S. mail,
return receipt requested. It was returned to me last week when you did not
pick it up.
As we discussed on the phone a few minutes ago, if you have evidence that
your brother is no longer on the mortgage, please forward it to me.
Thanks for your cooperation.
Regards,
Tony Theophilos
Anthony Theophilos, P.C.
Starr Finley, LLP
One California Street, Ste 300
San Francisco, CA. 94111
Direct: (415)743-2803
Cell: (510)207-6560
Fax: (415)399-1407
From: Victor Pettiford
Sent: Monday, August 03, 2015 10:37 AM
To: Tony Theophilos
Subject: Emailing: Letter to Tellier 071315.pdfTony Theophilos
osm src cn
* From: Tony Theophilos
Sent: Monday, August 03, 2015 11:38 AM
To: ‘jteliermill@gmail.com’
Subject: RE: Emailing: Letter to Tellier 07 1315.pdf
Ineed a list of tenants, copies of their leases and keys to the house. The
court has ordered its sale. If you do not cooperate, you may be held in
contempt of court. Please let me know your intentions.
Regards,
Tony Theophilos
Anthony Theophilos, P.C.
Starr Finley, LLP
One California Street, Ste 300
San Francisco, CA. 94111
Direct: (415)743-2803
Cell: (510)207-6560
Fax: (415)399-1407
From: Tony Theophilos
Sent: Monday, August 03, 2015 10:43 AM
To: ‘jtelliermill@gmail.com'
Subject: FW: Emailing: Letter to Tellier 071315.pdf
Ihave attached the letter and Order I sent to you by registered U.S. mail,
return receipt requested. It was returned to me last week when you did not
pick it up.( (
‘As we discussed on the phone a few minutes ago, if you have evidence that
_ your brother is no longer on the mortgage, please forward it to me.
Thanks for your cooperation.
Regards,
Tony Theophilos
Anthony Theophilos, P.C.
Starr Finley, LLP
One California Street, Ste 300
San Francisco, CA. 94111
Direct: (415)743-2803
Cell: (510)207-6560
Fax: (415)399-1407
From: Victor Pettiford
Sent: Monday, August 03, 2015 10:37 AM
To: Tony Theophilos
Subject: Emailing: Letter to Tellier 071315.pdf
Your message is ready to be sent with the following file or link attachments:
Letter to Tellier 071315.pdf
Note: To protect against computer viruses, e-mail programs may prevent
sending or receiving certain types of file attachments. Check your e-mail
security settings to determine how attachments are handled.Tony Theophilos
* From: Tony Theophilos
Sent: Monday, August 03, 2015 2:01 PM
To: ‘Jodi Tellier’
Subject: RE: Proof of mortgage
Please don't forget that I need a list of tenants, their leases and keys to the
house.
Regards,
Tony Theophilos
Anthony Theophilos, P.C.
Starr Finley, LLP
One California Street, Ste 300
San Francisco, CA. 94111
Direct: (415)743-2803
Cell: (510)207-6560
Fax: (415)399-1407
o---~ Original Message-----
From: Jodi Tellier [mailto;jtelliermill|@gmail.com]
Sent: Monday, August 03, 2015 1:53 PM
To: Tony Theophilos
Subject: Proof of mortgageC (
, Tony Theophilos
* From: Tony Theophilos
Sent: Monday, August 03, 2015 5:03 PM
To: Story Tellier
Subject: Re: Proof of mortgage
Attachments: photo.JPG
The court has ordered a sale of the house and you really have no choice but
to cooperate. The more you either ignore this or refuse to cooperate, the
expensive the process will be and half of that cost will come out of your
share of the proceeds.
Regards,
Tony Theophilos
Starr Finley, LLP
One California Street, Ste. 300
San Francisco, California 94111
Office Direct: 415-743-2803
Cell: 415-207-6560
> On Aug 3, 2015, at 4:58 PM, Story Tellier wrote:
>
> Tony, here is my verification of mortgage!
>
> S.Tellier
>
> Begin forwarded message:
>
> From: Jodi Tellier
>
> Date: August 3, 2015 at 1:55:49 PM PDT
1Tony Theophilos
' From: Tony Theophilos
Sent: Monday, August 10, 2015 11:40 AM
To: ‘jtetliermill@gmail.com
Subject: Order
I have contacted you by mail, phone and email and as of yet have not
received any kind of meaningful response. Whether Jaime is on the
mortgage or not is not the issue. The court has ordered that the property be
sold. Ineed keys, a list of tenants and copies of the leases. If I do not hear
back from you by the end of this week, I will have no alternative but to go
back to court.
Regards,
Tony Theophilos
Anthony Theophilos, P.C.
Starr Finley, LLP
One California Street, Ste 300
San Francisco, CA. 94111
Direct: (415)743-2803
Cell: (510)207-6560
Fax: (415)399-1407
Email: Tony@starrfinley.com
Web Site: www.starrfinley.com
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this
communication (Including any attachments) is not intended or written to be used of relied upon, and cannot be used or relied upon, for the purpose of {i} avoiding
penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction of matter addressed herein.
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment{s) is intended only for the use of the intended recipient
and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly
prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original
message and all copies from your system. Thank you.XX
PROOF OF SERVICE
Tama resident of the County of Alameda; I am over the age of eighteen years and not a party to the
within entitled action. My business address is 3521 Grand Avemue, Oakland, CA 94610.
On the date herein below stated, J served the within document(s):
DECLARATION RE CONTEMPT; [PROPOSED] ORDER TO SHOW CAUSE RE
(CONTEMPT
by facsimile transmission on said date. This document was transmitted by using a facsimile machine
that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The
transmission was reported as complete and without error. A copy of the transmission report,
properly issued by the transmitting machine, is in sender’s file. The names and facsimile numbers
of the person(s) served are as set forth below.
by placing a true copy of the document(s) listed above for collection and mailing following the firm's
ordinary business practice in a sealed envelope with postage prepaid for deposit in the United States
mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below.
by depositing in a box or similar facility maintained by:_ United Parcel Service; Q Federal Express;
Q DHL Worldwide Express; an express mail service carrier, in an envelope designated by said
express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed
as set forth below.
by personally delivering a copy of the document listed above to the person at the address set forth
below.
by electronically delivering a copy of the document(s) listed above to the person at the email
address(es) set forth below, confirmation transmission in Sender’s file.
Anthony Theophilos
Vodi Tellier STARR FINLEY, LLP
IPO Box 403 One California St., Ste. 300
Shandon, CA 93461 San Francisco, CA 94111
{Tel: (805) 440-6987 T: (415) 658-0800/F: (415) 399-1407
email: jtelliermill@gmail.com email: tony@starrfinley.com
(Email only)
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on October 21, 2015, at Oakland,
(California.
JENNIE SANTIAGO
Preview
HAROLD M. JAFFE/CASB #57397 LAW OFFICES OF HAROLD M. JAFFE 3521 Grand Avenue Oakland, CA 94610 Tel: (510) 452-2610~Fax: (510) 452-9125 email: jaffe510@aol.com Attorney for Plaintiff JAIME TELLIER ELECTRONICALLY FILED Supertor Court of Caiffornia, County of San Francisco 11/02/2015 Clerk of the Court BY:CAROL BALISTRERI Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JAIME TELLIER, Plaintiff, vs. JODI A. TELLIER, DOES 1 through 10, inclusive, Defendants. AND RELATED CROSS-ACTION. / I, HAROLD M. JAFFE, declare: CASE NO. CGC09 489069 DECLARATION OF HAROLD M. JAFFE IN SUPPORT OF APPLICATION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPT [CCP §§ 1211, 2015.5] [WITHOUT A HEARING] JUDGMENT ENTERED BY: Hon. Monica F.Wiley DEPT: 404 DOF: June 4, 2009 TRIAL DATE: Not Applicable 1. 1am an attorney at law duly licensed to practice in all courts of the State of California and am attorney of record for plaintiff, JAIM iE TELLIER, herein. 2. The matters stated herein are within my own personal knowledge and belief and if called as a witness I could and would competently testify thereto. 3. On or about December 13, 2011, this Court entered a Judgment for damages, for partition, and for acceptance of referee’s report, a true and correct copy of which is attached hereto 1 DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPTas Exhibit 1. Paragraph 7 of the Judgment (Ex. A) states in pertinent part, “Jodie Tellier shall arrange for removal of Jaime Tellier’s name as the obligor on the loan for the 2055 42nd Avenue, San Francisco, California property within 180 days after the opening of escrow, or shall refinance the loan so that Jaime Tellier no longer has any obligation regarding the 42nd Avenue Property within 180 days from the opening of escrow.” Defendant had actual knowledge of the Judgment (Ex. A) when the Judgment was made. At all times herein mentioned, the defendant had the ability to comply with the foregoing Judgment, and still has the ability to do so, or had the ability to do so at the time the Judgment was violated. 4, At all times herein mentioned the Judgment has remained in full force and effect. 5. On August 27, 2014, plaintiff filed a motion to enforce the Judgment, which was heard on December 19, 2014. On February 4, 2015, an Order Granting Plaintiffs Motion to Enforce Judgment was entered, notice of entry of which was served and filed on March 16,2015. A true and correct copy of the Notice of Entry of Order Granting Plaintiff's Motion to Enforce Judgment is attached hereto as Exhibit 2. 6. Defendant has disobeyed the February 4, 2015 Order in that plaintiff is still a trustor on the Deed of Trust encumbering the 2055 42nd Avenue, San Francisco, California property. 7. From what the undersigned has determined from researching the records of the San Francisco County Recorder’s Office, according to an Assignment of Deed of Trust recorded March 24, 2013, Jaime Tellier remains on title as trustor. A true and correct copy of San Francisco County Recorder’s Office Search Results is attached hereto as Exhibit 3. 8. Defendant’s disobedience has been willful and with the intent to frustrate the process of this Court and deprive plaintiff herein of the benefits to which he is entitled under the Order. 9. On July 2, 2015, Anthony Theophilos, who was originally the Referee in this action, was reappointed Referee by the Court. A true and correct copy of Anthony Theophilos’ declaration dated August 29, 2015, is attached hereto as Exhibit 4. As Mr. Theophilos states in his declaration, without the cooperation from Ms. Tellier, he cannot market and sell the property pursuant to the order entered by this Court on July 2, 2015. 10. Based on the above, your declarant, on behalf of Plaintiff, is requesting that an Order 2 DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPToo em ND HW to Show Cause Re Contempt be issued by this Court based on the moving papers and without the expense of an appearance at a hearing. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and this declaration is executed on October 22, 2015, at Oakland, California. Hoeta Mi Lil HAROLD M. JAFFE 7 3 DECLARATION OF JAFFE IN SUPPORT OF APPLIC. FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE CONTEMPTEXHIBIT 12/44 7879353568 UPS STORE 1743 PAGE @ LO CO 93/26/2014 15:49 1 TT WILLIAM H, PAYNTER LAW OFFICE OF WILLIAM H. PAYNTER . 2 I1STATE BAR # pe8nte 8 / 4 3 SONOMA CA Uea78. San Franalace County Supsarlor Court 707.996.5605 : . . 4 11 707,996.4629 Facsimile : . DEC 18 204 S$ Attorney for Plaintiff OLERK OF THE COURT fae = Ray aa 6 7 a| . SUPERIOR COURT OF CALIFORNIA 9 ’ . IN AND FOR THE COUNTY OF SAN FRANCISCO 10 u Case No.: CBC 09 489069 12 |] JAIME TELL ! A IER “Unlimited Civil Case” 13 Plaintiff, 14 Vs. . 4 Ar 1S . . . Ren eeeo hl : JUDGMENT FOR 77 DAMAGES AND FOR PARTITION AND — |- 16. || JODI A. TELLIER, et al, FOR ACCEPTANCE OF REFEREE'S REPORT u Defendants, . . 18 | AND RELATED CROSS COMPLAINTS Judge: Hon, Monica F. Wiley 19 20 au ) 22, J 23 . . : oa This matter came on regulatly for trial on June 3, 4, 7 and 8, 2040, before the 2s | Honorable Monica F, Wiley in Department 624 of the San Francisco Superior Court 06 located at 400 McAlister Street, San Francisco, California: ,Willlam H. Paynter appeared ” as counsel for Jaime Tellier (“Plaintiff?). Scott Bassin appeared as counsel for Defendant Jodi A. Tellier (‘Defendant’),83/26/2614 15:43 ‘][ 60% undivided Joint tenancy intérest, 7879353568 UPS STORE 1743 . PAGE 83/14 OQ oO The matter was submitted to the Court for decision, and after deliberation and good cause appearing, and the Court having entered its Statement of Decision After Court Trial, the Court then issued Its Interlocutory Judgment pursuant to the Statement of Decision and that was issued and entered by the Court on January 26, 2011. Anthony Theophilos was appointed by order of this court on April 14, 211 pursuant to an Interlocutory Judgment for Damages and for Partition filed on January 25, 2011 as Referee. 1. Pursuant to the Qrder, the Referee was charged with responsibility for securing appraisals on two.properties: (1) 2055 42nd Avenue, San Francisco, California (the “42nd Avenue Property”), and (ii) 12847 Dunbar Road, Glen Ellen, Californfa (the “Dunbar Property”, which together with the Dunbar Property are collectively calfed the “Prdperties’) and doing a final repart recommending how to implement the terms of the interlocutory Judgment, ‘ 2. The Referee has submitted his report to the Court in the fornn of his Declaration of Referee Anthony Theophilos Regarding Final Accounting and Report and it was filed on November 18, 2011. 3 The Court has also received the Stipulation of the parties and their counsel accepting the Final Accounting and Report and the Referea’s recommerdations and conclusions. 4, The 42nd Avenue Property is owned by Jodi Tellier as to an undivided 50% joint tenancy interest together with her brother, Jaime Tellier, who owns a63/26/2814 s spose oo: Db 3S QE 64/11 15:43 7079353566 UPS STORE 1743 PAGE O 5. The Dunbar Property is owned by Jodi Tellier as fo an undivided 50% Joint tenancy interest together with her brother, Jaime Tellier, who owns a 50% undivided Joint tenancy interest. 6. The Referee directs that pursuant to the Court's ruling in this matter that Jaime Tellier is to own a 100% interest in the Dunbar Property and Jodi Tellier is to own an undivided 100% undivided interest in the 42nd Avenue Property. 7. To achieve that end, Referee elected to have both Properties appraised and the fair market values reconciled so that Jaime Tellier can buy ‘rom Jodi Tellier her 30% undivided interest in the Dunbar Bar Property: and Jodi Tellier can buy from Jaime Tellier his 50% undivided Interest in the 42" Avenue Property. Jodi Tel lier she arrange for removal of Jaime Tellier's name as the obligor on the loan for the 427A Avene Property within 180 days after the opening of escrow, or shall refinance thé loa. so that Jaime Telller no longer has any obligation regarding the 42 Avenue Property within 180. days from the opening of escrow, Failure to accomplish the foregoing shall authorize the Referee to liquidate the 42" Avenue Property in order to effectuate the Judgment and a i close escrow. The funds owed to Jodi Tellier from escrow shail be distributed b her when Jaime Tellier’s name is removed from the 42™ Avenue Property loan either by refinance, removal or liquidation of the 4288 avenue property. Any cost for the sale and to pay the Referee to accomplish this task shall be deducted from the funds being held in escrow, 8. The 42nd Avenue.Properly was appraised by Jan Miller of Miller and Perotti ata market value of $565,000. . & . .The Dunbar Property was appraised by Gary Vice of VI Services at a market value of $850, 000,PAGE 95/11 upS STORE 1743 03/26/2814 15:49 7879353568 CO A 10. The Clear Lake properties (two lots) at 16624 Ninth Avenue were not 2 appraised as the parties agreed that they had equal value, Neither expressed any 3 preference for either lot, so Jaime Tellier is to decide upon which lot he selects and the other shall go to Jodi Tellier. The transfer shall take place in the escrow account 6 ‘hereinafter described. Pursuant to the Declaration and findings of the Referee, the 7 Wt ® Il reconciliation of the fair market value of the 42nd Property net of ahy debt encumbering it and the market value of the Dunbar Property, which indicates that Jaime Tellier must pay Jodi Telliet the sum of $353,631.06 in order for them to each own a 400% interest in the Property they shall own, The balance owed on the 424 Property is reduced every month _ 33 land the final balance owed by JaimeTallier shall.be adjusted at the close of escrow for the 14 bayment and the transfer of the properties based on that reduced balance. -AS= 16 12. Pursuant to the Declaration and findings of the Referee the 17 |} calculation of the damages awarded {o Jaime Tellier and the accumulated interest on that 18 || Judgment through July 31, 2011 was $262,053.40, The balance owed on the damages ‘9 |! awarded shail be adjusted as a setoff against the balance owed on the properties and at 20 . , the close of escrow the interest incurred on the damages shall be adjusted as fo the darhages. 23 43,° Pursuant to the Declaration and findings of the Referee and “he 24 |! Stipulation and Order regarding the parties’ recovery of costs and attorney fees batween 2s . the parties and those costs and fees shall also be included in the.distribution from escrow ‘in this matter in the amount set forth in that Order. . 0 GHARPAGE 86/11 UPS STORE 1742 Cy EY 7079353568 @3/26/2814 15:43 i 14, Pursuant to the Declaration and findings of the Referee the expenses incurred by the Referee from the date of hig appointment to the date of his final report are approved and shall be paid out of escrow. The Referee billed for fees at the rate of $350 per hour. Total fees requested are the sum of $9,292.50 and expenses totaled $2,582.58, 6 15. An escrow shall be opened by Jaime Tellier for the payment of funds 7 |I to transfer the Properties and all other duties of the Parties pursuant to this Jucigment and the Stipulation of the Parties for Judgment, 16. The parties understand that a violation of the terms of this Judgment. may result In seeking relief from the Court and the Prevailing party shail be entiled to attorney's fees and costs for enforcement of this Judgment. : 17. Said escrow shall be opened within 10 days of the entry of this 14 || Judgment and the Parties shall perform all their duties pursuant to this Judgmerit, “18 HITS So ORDERED; 16 : 7 18 || DATED: | z} 13} [} 19 20 || DATED: _ a1 {| APPROVED AS TO FORM and CONTENT: 22 |! 10 obfertims swrlortted by Defondan: SCOTT L. BASSIN, ATTORNEY FOR DEFENDANTEXHIBIT 2HAROLD M. JAFFE/CASB #57397 LAW OFFICES OF HAROLD M, JAFFE 3521 Grand Avenue Oakland, CA 94610 Tel: (510) 452-2610~Fax: (510) 452-9125 email: jaffeS 10@aol.com Attomey for Plaintiff JAIME TELLIER JAIME TELLIER, Plaintiff, IVS. NODI A. TELLIER, DOES 1 through 10, linclusive, Defendants. IAND RELATED CROSS-ACTION. / PLEASE TAKE NOTICE that on Fel IDATED: March 16, 2015 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD! ~~” ELECTRONICALLY FILED Superior Court of California, Caunty of San Francisco MAR 16 2015 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION CASE NO. CGC09 489069 NOTICE OF ENTRY OF ORDER GRANTING. PLAINTIFF’S MOTION TO ENFORCE JUDGMENT DATE: December 19, 2014 TIME: 9:00 a.m. DEPT: 404 DOF: June 4, 2009 TRIAL DATE: Not Applicable bruay 4, 2015, an Order Granting Plaintiff's Motion Ito Enforce Judgment, a copy of which is attached hereto as Exhibit A, was entered. Ha cork “A Gals HAROLD M. JAFFE, Attonifey for Plaintiff JAIME _ TELLIER i ‘NEO GRANTING PLP" 'S MT. TO ENFORCE JUDGMENTORIGINAL ( ( ( : , ' “Ah @ e HAROLD'M. JAFFE/CASB #57397 LAW OFFICES OF HAROLD M. JAFFE 3521 Grand. Avenue : Oakland, CA 94610 . San Francisco County Superior Court Tel: (510) 452-2610~Fax: (510) 452-9125 email: jaffe510@aol,com FCB <4 2015 Attomey for Plaintiff JAIME TELLIER ou COURT ay Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA — IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO: UNLIMITED JURISDICTION JAIME TELLIER, CASE NO. CGC09 489069 ORDER GRANTING PLAINTIFE’S MOTION Plaintiff, TO ENFORCE JUDGMENT vs. So DATE: “~ Décember 19, 2014 TIME: . 9:00 a.m. DEPT: 404 JODI A. TELLIER, DOES | throngh 10, . - inclusive, PAPERS FILED: Not. of Mt. & Mt. To Enforce Judgment, Memo, of P&A in Support, Request for Judicial Not. Dec. of Jaffe and Proposed Order Defendants. / DOF: June 4, 2009 TRIAL DATE: Not Applicable AND RELATED CROSS-ACTION, The motion of plaintiff, JAIME TELLIER, to enforce judgment, came on regularly for hearing on December 19, 2014, at 9:00 a.m., in Department 404, Monica F. Wiley, presiding. Harold M. Jaffe appeared for JAIME TELLIER, no appearance was made by JODI TELLIER, nor was any opposition filed by JODI TELLIER. The Couit, having considered the moving. opposing papers, the argument of counsel, and good cause appearing; If IS HEREBY ORDERED that: : 1 ORDER GRANTING PLP'S MT. TO ENFORCE JUDGMENT EXHIBIT Aan DATED: ( The motion is granted and defendant JODI TELLIER shall cause to be removed from the loan encumbering the zeal property located at 2055 42nd Avenue, San Francisco, Califomia, a lien which includes the name of JAIME TELLIER. A farther héaring shall be held on February 17, 2015, at 9:00 a.m., in Department 404, at which time any motion that JAIME TELLIER may file for attorneys’ fees may be heard, Uaf is Ke MOMEAP. WILEY, SBE ee MONICA WILEY 2 ORDER GRANTING PLE’S MT. TO ENFORCE JUDGMENT EXHIBIT APROOF OF SERVICE Tam a resident of the County of Alameda; I am over the age of eighteen years and not a party to the \vithin entitled action. My business address is 3521 Grand Avenue, Oakland, CA 94610. On the date herein below stated, I served the within document(s): NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION TO ENFORCE JUDGMENT by facsimile transmission on said date. This document was transmitted by using a facsimile machine that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The transmission was reported as complete and without error, A. copy of the transmission report, properly issued by the transmitting machine, is in sender’s file, The names and facsimile numbers of the person(s) served are as set forth below. XX byplacing a true copy of the document(s) listed above for collection and mailing following the firm's ordinary business practice in a sealed envelope with postage prepaid for deposit in the United States mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below. by depositing in a box or similar facility maintained by:__ United Parcel Service; Q Federal Express; O DHL Worldwide Express; an express mail service carrier, in an envelope designated by said express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed as set forth below. by personally delivering a copy of the document listed above to the person at the address set forth below. IXX by electronically delivering a copy of the document(s) listed above to the person at the email address(es) set forth below, confirmation transmission in Sender’s file. Jodi Tellier Jodie Tellier IPO Box 403 135. 3rd Street Shandon, CA 93461 Shandori, CA 93461 Tel: (805) 440-6987 email: jtelliermili@gmail.com Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed on March 16, 2015, at Oakland, California. Bek GAIL SMITH \EXHIBIT 3Document List By Name CRiis Home Access to Public Records for County Government Contact Page 1 of 2 Search Results Document List By Name Name Query Search Results Criteria: TELLIER JODI Record Date Document Doc Type EIR Name Show Name Detail Show APN Detail 07/26/2013 J715203-00 DEED E TELLIER JODI Show Name Detail Show APN Detail 03/30/2006 1152964-00 DEED E TELLIER JODI Show Name Detail Show APN Detail 03/24/2014 J854926-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JODI A Show Name Detail Show APN Detail 10/02/2013 J765430-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JODI A Show Name Detail Show APN Detail 09/11/2013 J754773-00 RESCISSION/CANCEL NOTICE OF DEFAULT € TELLIER JODIA Show Name Detail Show APN Detail 07/03/2013 J700696-00 NOTICE OF DEFAULT R TELLIER JODI A Show Name Detail Show APN Detail 09/21/2010 J052651-00 ASSIGNMENT OF DEED OF TRUST R TELLIER JOOI A how Name Deiail Show APN Detail 07/03/2006 !203633-00 DEED OF TRUST R TELLIER JOO! A Copyright © 2014 AtPac anour sst cenrirreares hitpyzwwew.criis.comAvebtemp/23.116.44.8/name_list.him| Terms of Use Privacy Policy 12300 New Airport Rd. Suite 101 Aubura; CA 96602 October 12, 2015Document Details Page 1 of2 ee HS.com Access to Public Records for County Govemment CRiis Home Contact AlPac Home Search Results Document Details Record GrantoR Year Document Date Reel Image Document Type GranteE Name 2014 J854926-00 03/24/2014 ASSIGNMENT OF DEED OF TRUST H & R BLOCK BANK FSB TELLIER JODI A R R TELLIER JAIME R E HRB MORTGAGE HOLDINGS LLC Copyright © 2010 AtPac Terms of Use Privacy Policy € I PA 13300 New Airport Rd. Suite 101 Auburn, CA 95602 neat 3 Symantec Amour Sst centiFteares http/Awew.criis.comAveblemp/23.116.41.6/doc_detail_n.html October 12, 2015EXHIBIT 4DECLARATION The undersigned, Anthony Theophilos, declare as follows: L. Tam personally familiar with the facts and events set forth herein and if called upon, would so testify. On July 2nd, 2015 I was reappointed receiver in that matter captioned Jaime Tellier vs. Jodi A. Tellier, Case No. CGC09 489069 in the San Francisco County Superior Court pursuant to that Order attached hereto as Exhibit A (the “Order”). On July 13, 2015, I mailed to Jodi Tellier a letter via Certified Mail-Return Receipt Requested, advised her of my appointment and requesting a key to the subject property, a list of the current tenants of the property and copies of their leases. A copy of my letter is attached as Exhibit B. My letter was returned by the U.S. Postal Service stamped “Return to Sender Unable to Forward”. A copy of the envelope is attached as Exhibit C. . [managed to obtain the phone number of Jodi Tellier and spoke to her in the morning on August 3rd, 2015, during which I advised her of my appointment and the contents of my July 13, 2015 letter. During this conversation, I obtained her email address. After speaking to her on August 3, 2015, I emailed her a copy of July 13, 2015 letter. That email and the email exchange that followed are attached as Exhibit D. Ms. Tellier is refusing to cooperate by failing to provide me with the items requested in my July 13, 2015. Without those items, I cannot market and sell the subject property pursuant to the Order. : I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed under the laws of the State of California on August 29, 2015 La Anthony TheophilosEXHIBIT AHAROLD M, JAFFE/CASB #57397 ENDORSED F LAW OFFICES OF HAROLD M. JAFFE tC E | 352 _Grand Avec Seay SPR ane Tel: (510) 452-261 0~Fax: (510) 452-9125 JUL 02 2045 email: jaffeS10@aol.com . : CLERK OF THE COURT Atiomey for Plaintiff JAIME TELLIER 5Y: LINDA FONG Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JAIME TELLIER, CASE NO. CGC09 489069 PROPOSED} Plaintiff, ORDER GRANTING MOTIONTO REAPPOINT ANTHONY THEOPHILOS AS REFEREE, TO 8. ENFORCE JUDGMENT OF DECEMBER 13, 2011 ODI A. TELLIER, DOES | through 10, DATE: July 2, 2015 inclusive, TIME: 1.45 p.m. DEPT: 403 Defendants. / AND RELATED CROSS-ACTION. DOF: June 4, 2009 . / TRIAL DATE: Not Applicable ‘The motion of plaintiff, JAIME TELLIER, to reappoint Anthony Theophilos as referee to lenforce judgment of December 13, 2011, cameon regularly for hearing on July 2, 2015, at 1:45 pm, in Department 403, Monica F. Wiley, presiding. The Court, having considered the moving and jopposing papers, and good cause appearing: TT IS HEREBY ORDERED that: iL Anthony Theophilos is hereby appointed Referee for the purpose of selling the real property located at 2055 42nd Avenue, San Francisco, California. i] it 1 ORDER GRANTING MI. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO ENFORCE JUDGMENT EXHIBIT AJUL 02 2015 IDATED: MONICA WILEY MONICA F. WILEY, JUDGE OF THE SUPERIOR COURT eckpprovedtas-te-femn. DATED: JOST TELLER, Detendantin Pre Per 2 ORDER GRANTING 2{T. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO ENFORCE JUDGMENTPROOF OF SERVICE Tam a resident of the County of Alameda; I am over the age of eighteen years and not a party to the within entitled action, My business address is 3521 Grand Avenue, Oakland, CA 94610. On the date herein below stated, J served the within document(s): ; NOTICE OF ENTRY OF ORDER GRANTING MOTION TO REAPPOINT ANTHONY JTHEOPHILOS AS REFEREE, TO ENFORCE JUDGMENT OF DECEMBER 13, 2011 by facsimile transmission on said date. This document was transmitted by using a facsimile machine that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The transmission was reported as complete and without error, A copy of the transmission report, properly issued by the transmitting machine, is in sender’s file. The names and facsimile numbers of the person(s) served are as set forth below. IXX by. placing a true copy of the document(s) listed above for collection and mailing following the fimn's ordinary business practice ina sealed envelope with postage prepaid for deposit in the United States mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below, by depositing in a box or similar facility maintained by:_ United Parcel Service; Q Federal Express; Q DHL Worldwide Express; an express mai] service carrier, in an envelope designated by said express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed as set forth below. by personally delivering a copy of the document listed above to the person at the address set forth below. IX by electronically delivering a copy of the document(s) listed above to the person at the email address(es) set forth below, confirmation transmission in Sender’s file, Vodi Tellier Anthony Theophilos PO Box 403 : STARR FINLEY, LLP Shandon, CA 93461 One California St., Ste. 300 Tel: (805) 440-6987 San Francisco, CA 94111 pmail: jtelliermill@gmail.com T: (415) 658-0800/F: (415) 399-1407 email: tony@starrfinley.com edie Tellier 135 N. 3rd Street Shandon, CA 93461 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct, and that this Declaration was executed on July 6, 2015, at Oakland, California. ale oi a To: GAL/SMITH UEXHIBIT BSTARR: FINLEY up One California Street Tel 425 658-0800 Suite 300 Fax 435 399-1407 San Francisco, California gqrrr July 13, 2015 www.starrfinley.com Via Certified Mail—Return Receipt Requested Jodi Tellier 135 N. 3rd Street Shandon, CA 93461-4609 Re: 2055 42nd Avenue, San Francisco, California 94116 Dear Ms, Tellier: By Order of the Superior Court in and for the City and County of San Francisco, I have been reappointed Receiver to Enforce Judgment of December 13, 2011, with instructions from the Court to sell the above referenced property. A copy of the Order is attached. Please call me at your earliest convenience to make arrangements to deliver to me the following: « A key to the house; « A current list of tenants, if any, with mailing addresses if different from the house; and « Copies of all tenant leases, if any. It is my intention to have the house appraised and then listed for sale with a duly licensed real estate broker. Thank you for your prompt attention to this matter. Very truly yours, STARR FINLEY LLP Anthony Theophilos, P.C. ce: Harold M,. Jaffee Law Offices of Harold M. Jaffee 3521 Grand Avenue Oakland CA 94610 Jamie Tellier 12847 Dunbar Road Glen Ellen, CA 95442EXHIBIT C* i th vee “eccensenneee eros NIXIE 934612911-1N 07/20/15 RETURN TO : UNABLE TO FONWEED ‘ UNABLE TO FORWARD ' RETURN TO SENDER 7003 OS00 DOoO 4160 7801 WoollatebsL Ast UM atMerttbisalllaetMalldeallldl thal ll STARR* FINLEY tie One California Street Suite 300 Sen Francisco, California 94117 | Tel 415 638-0800 | JODI TELLIER | 435N 3RD ST SHANDON CA 93461-4609 , es A aEXHIBIT DTony Theophilos * From: Tony Theophilos Sent: Monday, August 03, 2015 10:43 AM To: ‘jtelliermill@gmail.com’ Subject: FW: Emailing: Letter to Tellier 071315.pdf Attachments: Letter to Tellier 071315.pdf Ihave attached the letter and Order I sent to you by registered U.S. mail, return receipt requested. It was returned to me last week when you did not pick it up. As we discussed on the phone a few minutes ago, if you have evidence that your brother is no longer on the mortgage, please forward it to me. Thanks for your cooperation. Regards, Tony Theophilos Anthony Theophilos, P.C. Starr Finley, LLP One California Street, Ste 300 San Francisco, CA. 94111 Direct: (415)743-2803 Cell: (510)207-6560 Fax: (415)399-1407 From: Victor Pettiford Sent: Monday, August 03, 2015 10:37 AM To: Tony Theophilos Subject: Emailing: Letter to Tellier 071315.pdfTony Theophilos osm src cn * From: Tony Theophilos Sent: Monday, August 03, 2015 11:38 AM To: ‘jteliermill@gmail.com’ Subject: RE: Emailing: Letter to Tellier 07 1315.pdf Ineed a list of tenants, copies of their leases and keys to the house. The court has ordered its sale. If you do not cooperate, you may be held in contempt of court. Please let me know your intentions. Regards, Tony Theophilos Anthony Theophilos, P.C. Starr Finley, LLP One California Street, Ste 300 San Francisco, CA. 94111 Direct: (415)743-2803 Cell: (510)207-6560 Fax: (415)399-1407 From: Tony Theophilos Sent: Monday, August 03, 2015 10:43 AM To: ‘jtelliermill@gmail.com' Subject: FW: Emailing: Letter to Tellier 071315.pdf Ihave attached the letter and Order I sent to you by registered U.S. mail, return receipt requested. It was returned to me last week when you did not pick it up.( ( ‘As we discussed on the phone a few minutes ago, if you have evidence that _ your brother is no longer on the mortgage, please forward it to me. Thanks for your cooperation. Regards, Tony Theophilos Anthony Theophilos, P.C. Starr Finley, LLP One California Street, Ste 300 San Francisco, CA. 94111 Direct: (415)743-2803 Cell: (510)207-6560 Fax: (415)399-1407 From: Victor Pettiford Sent: Monday, August 03, 2015 10:37 AM To: Tony Theophilos Subject: Emailing: Letter to Tellier 071315.pdf Your message is ready to be sent with the following file or link attachments: Letter to Tellier 071315.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled.Tony Theophilos * From: Tony Theophilos Sent: Monday, August 03, 2015 2:01 PM To: ‘Jodi Tellier’ Subject: RE: Proof of mortgage Please don't forget that I need a list of tenants, their leases and keys to the house. Regards, Tony Theophilos Anthony Theophilos, P.C. Starr Finley, LLP One California Street, Ste 300 San Francisco, CA. 94111 Direct: (415)743-2803 Cell: (510)207-6560 Fax: (415)399-1407 o---~ Original Message----- From: Jodi Tellier [mailto;jtelliermill|@gmail.com] Sent: Monday, August 03, 2015 1:53 PM To: Tony Theophilos Subject: Proof of mortgageC ( , Tony Theophilos * From: Tony Theophilos Sent: Monday, August 03, 2015 5:03 PM To: Story Tellier Subject: Re: Proof of mortgage Attachments: photo.JPG The court has ordered a sale of the house and you really have no choice but to cooperate. The more you either ignore this or refuse to cooperate, the expensive the process will be and half of that cost will come out of your share of the proceeds. Regards, Tony Theophilos Starr Finley, LLP One California Street, Ste. 300 San Francisco, California 94111 Office Direct: 415-743-2803 Cell: 415-207-6560 > On Aug 3, 2015, at 4:58 PM, Story Tellier wrote: > > Tony, here is my verification of mortgage! > > S.Tellier > > Begin forwarded message: > > From: Jodi Tellier > > Date: August 3, 2015 at 1:55:49 PM PDT 1Tony Theophilos ' From: Tony Theophilos Sent: Monday, August 10, 2015 11:40 AM To: ‘jtetliermill@gmail.com Subject: Order I have contacted you by mail, phone and email and as of yet have not received any kind of meaningful response. Whether Jaime is on the mortgage or not is not the issue. The court has ordered that the property be sold. Ineed keys, a list of tenants and copies of the leases. If I do not hear back from you by the end of this week, I will have no alternative but to go back to court. Regards, Tony Theophilos Anthony Theophilos, P.C. Starr Finley, LLP One California Street, Ste 300 San Francisco, CA. 94111 Direct: (415)743-2803 Cell: (510)207-6560 Fax: (415)399-1407 Email: Tony@starrfinley.com Web Site: www.starrfinley.com IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (Including any attachments) is not intended or written to be used of relied upon, and cannot be used or relied upon, for the purpose of {i} avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction of matter addressed herein. Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment{s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you.XX PROOF OF SERVICE Tama resident of the County of Alameda; I am over the age of eighteen years and not a party to the within entitled action. My business address is 3521 Grand Avemue, Oakland, CA 94610. On the date herein below stated, J served the within document(s): DECLARATION RE CONTEMPT; [PROPOSED] ORDER TO SHOW CAUSE RE (CONTEMPT by facsimile transmission on said date. This document was transmitted by using a facsimile machine that complies with California Rules of Court Rule 2003(3), facsimile number (510) 452-9125. The transmission was reported as complete and without error. A copy of the transmission report, properly issued by the transmitting machine, is in sender’s file. The names and facsimile numbers of the person(s) served are as set forth below. by placing a true copy of the document(s) listed above for collection and mailing following the firm's ordinary business practice in a sealed envelope with postage prepaid for deposit in the United States mail at Oakland, California, pursuant to CCP §§1013a(3), addressed as set forth below. by depositing in a box or similar facility maintained by:_ United Parcel Service; Q Federal Express; Q DHL Worldwide Express; an express mail service carrier, in an envelope designated by said express service carrier, with delivery fees paid or provided for, pursuant to CCP §1013(c), addressed as set forth below. by personally delivering a copy of the document listed above to the person at the address set forth below. by electronically delivering a copy of the document(s) listed above to the person at the email address(es) set forth below, confirmation transmission in Sender’s file. Anthony Theophilos Vodi Tellier STARR FINLEY, LLP IPO Box 403 One California St., Ste. 300 Shandon, CA 93461 San Francisco, CA 94111 {Tel: (805) 440-6987 T: (415) 658-0800/F: (415) 399-1407 email: jtelliermill@gmail.com email: tony@starrfinley.com (Email only) Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed on October 21, 2015, at Oakland, (California. JENNIE SANTIAGO