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HAROLD M. JAFFE/CASB #57397
LAW OFFICES OF HAROLD M. JAFFE
3521 Grand Avenue ELECTRONICALLY
Oakland, CA 94610 FILED
Tel: (510) 452-2610~Fax: (510) 452-9125 Superior Court of California,
email: jaffe510@aol.com County of San Francisco
Attorney for Plaintiff JAIME TELLIER MAY 05 2015
BY: ROMY RISK
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
DECLARATION OF HAROLD M. JAFFE IN
Plaintiff, SUPPORT OF MOTION TO REAPPOINT
ANTHONY THEOPHILOS AS REFEREE, TO
vs. ENFORCE JUDGMENT OF DECEMBER 13,
2011
ODI A. TELLIER, DOES 1 through 10, DATE: July 2, 2015
inchisive, TIME: 1:45 p.m.
DEPT: 403
Defendants.
IAND RELATED CROSS-ACTION. DOF: June 4, 2009
/ TRIAL DATE: Not Applicable
I, HAROLD M, JAFFE, declare:
1. Jam an attorney at law duly licensed to practice in all courts of the State of California
ind am attorney of record for plaintiff, JAIME 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
jpartition, and for acceptance of referee’s report, a true and correct copy of which is attached hereto
las Exhibit A. Paragraph 7 of the Judgment (Ex. A) states in pertinent part, “Jodie Tellier shall
larrange 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
i
DEC. OF HAROLD JAFFE IN SUPPORT OF MT. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO EFFECT JUDGMENT0 that Jaime. Tellier no longer has any obligation regarding the 42nd Avenue Property within 180
days from the opening of escrow.” Escrow was opened on or about January 17,2012. Defendant had
ctual knowledge of the Judgment (Ex. A) when the Judgment was made. Af all times herein
entioned, the defendant had the ability to comply with the foregoing Judgment, and.still has the
lability 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
lneard on December 19, 2014, On February 4, 2015, an Order Granting Plaintiff's 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 B.
6, Plaintiff remains 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 C.
I declare under penalty of perjury under the laws of the State-of California that the foregoing
iis true and correct and this declaration is executed on May 4, 2015, at Oakland, California.
Hane typ clall
HAROLD M. JAFFE
2
DEC. OF HAROLD JAFFE IN SUPPORT OF MT. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO EFFECT JUDGMENTEXHIBIT A93/26/2014 15:43
ai
7879353566 UPS STORE 1743 PAGE 62/11
x CO C)
WILLIAM H, PAYNTER
LAW OFFICE OF WILLIAM H. PAYNTER .
STATE BAR # 0988 eee 5 ;
SONOMA CA, 8a78 7 San Franaiaeo Counly Buporlor Court
707.996.5606 . :
707.996.4629 Facsimile - DEC 18 20H
Attorney for Plaintiff OLERK of THE SOQURT
. BY cf ay OR
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE GOUNTY OF SAN FRANCISCO
Case No.: CGC 09 489069
JAIME TELLIER
AIME TELUE “Unlimited Civil Case”
Plaintiff,
vs. ‘ 4)
. . IPreeeein toc FOR
AAMAGES AND FOR PARTITION AND :
JODIA. TELLIER, et al., ens ACCEPTANCE OF REFEREE'S
Defendants,
AND RELATED CROSS COMPLAINTS} Judge: Hon, Monica F. Wiley
J
* This matter came on regularly for trial on June 3, 4, 7 and 8, 2010, before the
Honorable Monica F, Wiley in Department 624 of the San Francisco Superior Court
located at 400 McAllister Street, San Francisco, California, Willlam H. Paynter appeared
as counsel for Jaime Tellier (“Plaintif?). Scott Bassin appeared as counsel for Defendant
Jodi A. Tellier (‘Defendant’).3/26/2814 15:49
7879353568 UPS STORE 1743 . PAGE 83/11
Q O
The matter wes submited 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 25, 2011.
Anthony Theophilos was appointed by order of this court on April 11, 214
pursuant to an Interlocutory Judgment for Damages and for Partition filed on Jianuary 25,
2011 as Referee.
41. Pursuant fo the Order, the Referee was charged with responsibility
for securing appraisals on two properties: ([) 2055 42nd Avenue, San Francisco, California
(the “42nd Avenue Property”), and ti) 12847 Dunbar Road, Glen Ellen, California (the
“Dunbar Property", which together with the Dunbar Property are collectively called the
“Properties’) and doing a final repart recommending how to implement the terms of the
Interlocutary Judgment. ‘
2. The Referee has submitted his report to the Court in the forn of his
Declaration of Referee Anthony Theophilos Regarding Final Accounting and Report and it
was filed on November 15, 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 Jod! Tellier as to an
undivided 50% joint tenancy interest together with her brother, Jaime Tellier, who owne a
|| 80% undivided joint tenancy interest,
VPMENo, 9548PAGE 84/11
7879353568 UPS STORE 1743
O
03/26/2014 15:43
mo?
1 8. The Dunbar Property is owned by Jodi Tellier as to an undivided 50%
a Joint tenancy interest together with her brother, Jaime Teller, 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
7 |lown an undivided 100% undivided interest In the 44nd Avenue Property,
oo
7. To achieve that end, Referee elected to have both Properties
wo
appraised and the fair market values reconciled so that Jaime Tellier can buy ‘rom Jodi
°
Tellier her 50% undivided interest in the Dunbar Bar Property. and Jodi Tellier wan buy from
=
Jaime Tellier his 50% undivided Interest in the 42" Avenue Property. Jodi Tellier shall
. : ale
arrange for removal of Jaime Tellier’s name as the obligor on the loan for the 42" Avenue
Property within 180 days after the opening of escrow, or shall refinance the loa so that
a
Jaime Tellier 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
J eee
close escrow. The funds owed te Jod! Tellier from escrow shail be distributed ta her when
SOO92 O06
Jaime Tellier’s name is removed from the 42™ Avenue Property loan either by refinance,
no
S
removal or liquidation of the 424 avenue property. Any cost for the sale and to pay the
Referee to accomplish this task shail be deducted from the funds being held in escrow,
GS
24 oe 8 - The 42nd Avenue.Property was appraised by Jan Miller of Miller and
Perotti ata market value of $566,000,
. %& The Dunbar Property was appraised by Gary Vice of Vice Appraisal
Services ata market valug of $850,000,
AAT PHatHlo, 9548 =03/26/2814 15:49
hereinafter described.
Hin this matter in the arnounft set forth in that Order. .
GE. 05/11
7879353568 . UPS STORE 1743 PAGE 05.
a C
40. The Clear Lake properties (two lots) at 16624 Ninth Avenue were not
appraised as the parties agreed that they had equal value, Neither expressed any
preference for either lot, so Jaime Tellier ig to decide upon which lot he selects and the
other shall go to Jodi Tellier. The transfer shall take place in the escrow account
11. Pursuant to the Declaration and findings of the Referee, the
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 Jaitne Tellier must pay
Jodi Taller 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 fs reduced every month
and the final balance owed by JaimeTollier shail.be adjusted at the close of escrow for the
payment and the transfer of the properties based on that reduced balance.
, 12. Pursuant to the Declaration and findings ofthe Referee the
calculation of the damages awarded fo Jaime Tellier and the ‘accumulated interest on that
Judgment through July 34 , 2011 was $262,053.40, The balance owed on the darnages
awarded shail be adjusted as a setoff against the balance owed on the properties and at
the close of escrow the interest incurred on the damages shail be adjusted as ta the
darhages.
43.° Pursuant fo the Declaration and findings of the Refarce and ‘he
Stipulation and Order regarding the parties’ recovery of costs and atiorney fees batween
the parties anc those costs and fees shall also be jhcluded in.the.distribution from escrow
nite O48PAGE 86/11
568 UPS STORE 1743
7879353! ”
6/2814 16:49 .,
83/2 : : CO
14, Pursuant to the Declaration and findings of the Referee the expenses
incurred by the Referee from the date of his appointment to the date of his final report are
approved and shall be paid out of escrow. The Referee billed for faes at the rate of $350
per hour. Total fees requested are the sum of $9,292.50 and expenses totaled $2,582.58,
15. An escrow shail be opened by Jaime Tellier ‘for the payment of funds
fo transfer the properties and all other duties of the parties pursuant to this dus igment and.
the Stipulation of the Parties for Judgment,
18. 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 he opened within 10 days of the entry of this
Judgment and the parties shall perform all their duties pursuant io this Judgmeri.
IT. 18 SO ORDERED;
DATED: z} + {|
DATED: —...
APPROVED AS TO FORM and CONTENT:
wo obpertuns Swhuutited, buy De
SCOTT L. | BASSIN, ATTORNEY FOR DEFENDANT
GE OF THE SUPERIOR GOURT
ddd 3:41PM Ho,EXHIBIT BHAROLD M, JAFFE/CASB #57397
3521 Grand Avenue
Oakland, CA 94610
Tel: (510) 452-2610~Fax: (510) 452-9125
email: jaffe5 [0@aol.com
Attorney for Plaintiff JAIME TELLIER
JAIME TELLIER,
Plaintiff,
iS.
ODI A. TELLIER, DOES 1 through 10,
inclusive,
Defendants,
|AND RELATED CROSS-ACTION,
IDATED: March 16, 2015
LAW OFFICES OF HAROLD M. JAFFE
ELECTRONICALLY
FILED
Superior Court of California,
County 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
PLAINTIFE’S MOTION TO ENFORCE
JUDGMENT
DATE: December 19, 2014
TIME; 9:00 a.m,
DEPT: 404
DOF: June 4, 2009
TRIAL DATE: Not Applicable
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on February 4, 2015, an Order Granting Plaintiff's Motion
lto Enforce Judgment, a copy of which is attached hereto as Exhibit A, was entered.
; fn Cf
Ha cock “ing Gels:
HAROLD M. JAFFE, Attortiey for Plaintiff JAIME
TELLIER
1
NEO GRANTING PLF'S MI. TO ENFORCE JUDGMENT
EXHIBIT BORIGINAL
- 2
(
of
HAROLD ™M, JAFFE/CASB #57397
LAW OFFICES OF HAROLD M. JAFFE.
3521 Grand Avenue
Oakland, CA 94610
Tel; (310 452-2610~Fax: (510) 452-9125
email: jaffeS10@aol.com
Attorney for Plaintiff JAIME TELLIER Ch oo COURT,
BY:
Lo uty 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. uo DATE: * December 19, 2014
TIME; 9:00 a.m.
DEPT: 404
JODI A. TELLIER, DOES | through 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.
/ DOT: 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 am., 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 Court, having considered the moving opposing
papers, the argument of counsel, and good cause appearing;
If IS HEREBY ORDERED that:
1
ORDER GRANTING PLI'S MT, TO ENFORCE JUDGMENT
EXHIBIT A“
Coo. (
1. The motion is granted and defendant JODI TELLIER shall eause to be removed from
the foan encumbering the real property located at 2055 42nd Avenue, San Francisco,
California, a tien which includes the name of JAIME TELLIER.
2 A further hearing 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.
. “ae. a wm Ei :
DATED: _ yf 3 Bests ¥F. WILHY, eK Hon
COURT
MONICA WILEY
2
‘ORDER GRANTING PLE’S ME. TO ENFORCE JUDGMENT
EXHIBIT APROOF OF SERVICE
Jama 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, Oaksand, CA 94610.
On the date herein below stated, I served the within document(s):
~NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFI’S MOTION TO ENFORCE
JUDGMENT
by facsimile transmission on said date. This document was transmilted 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 nantes and facsimile numbers
of the person(s) served are as set forth below.
XX 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 Oakfand, 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,
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 N. 3rd Street
Shandon, CA 93461 Shandoti, CA 93461
Tel: (805) 440-6987
lemail: jtelliermili@email.com
I declare under penalty of perjury under the laws of the State of California that the foregoing
lis tue and correct, and that this Declaration was executed on March 16, 2015, at Oakland,
California.
JL ‘
ec Ee
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2014 4864926-00 03/24/2014 ASSIGNMENT OF DEED OF TRUST R H & R BLOCK BANK FSB
R TELLIER JAIME
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TELLIER JODIA
HRB MORTGAGE HOLDINGS LLC
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on a ‘Oo 10 1 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 HAROLD M. JAFFE/CASB #57397 LAW OFFICES OF HAROLD M. JAFFE 3521 Grand Avenue ELECTRONICALLY Oakland, CA 94610 FILED Tel: (510) 452-2610~Fax: (510) 452-9125 Superior Court of California, email: jaffe510@aol.com County of San Francisco Attorney for Plaintiff JAIME TELLIER MAY 05 2015 BY: ROMY RISK 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 DECLARATION OF HAROLD M. JAFFE IN Plaintiff, SUPPORT OF MOTION TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE, TO vs. ENFORCE JUDGMENT OF DECEMBER 13, 2011 ODI A. TELLIER, DOES 1 through 10, DATE: July 2, 2015 inchisive, TIME: 1:45 p.m. DEPT: 403 Defendants. IAND RELATED CROSS-ACTION. DOF: June 4, 2009 / TRIAL DATE: Not Applicable I, HAROLD M, JAFFE, declare: 1. Jam an attorney at law duly licensed to practice in all courts of the State of California ind am attorney of record for plaintiff, JAIME 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 jpartition, and for acceptance of referee’s report, a true and correct copy of which is attached hereto las Exhibit A. Paragraph 7 of the Judgment (Ex. A) states in pertinent part, “Jodie Tellier shall larrange 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 i DEC. OF HAROLD JAFFE IN SUPPORT OF MT. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO EFFECT JUDGMENT0 that Jaime. Tellier no longer has any obligation regarding the 42nd Avenue Property within 180 days from the opening of escrow.” Escrow was opened on or about January 17,2012. Defendant had ctual knowledge of the Judgment (Ex. A) when the Judgment was made. Af all times herein entioned, the defendant had the ability to comply with the foregoing Judgment, and.still has the lability 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 lneard on December 19, 2014, On February 4, 2015, an Order Granting Plaintiff's 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 B. 6, Plaintiff remains 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 C. I declare under penalty of perjury under the laws of the State-of California that the foregoing iis true and correct and this declaration is executed on May 4, 2015, at Oakland, California. Hane typ clall HAROLD M. JAFFE 2 DEC. OF HAROLD JAFFE IN SUPPORT OF MT. TO REAPPOINT ANTHONY THEOPHILOS AS REFEREE TO EFFECT JUDGMENTEXHIBIT A93/26/2014 15:43 ai 7879353566 UPS STORE 1743 PAGE 62/11 x CO C) WILLIAM H, PAYNTER LAW OFFICE OF WILLIAM H. PAYNTER . STATE BAR # 0988 eee 5 ; SONOMA CA, 8a78 7 San Franaiaeo Counly Buporlor Court 707.996.5606 . : 707.996.4629 Facsimile - DEC 18 20H Attorney for Plaintiff OLERK of THE SOQURT . BY cf ay OR SUPERIOR COURT OF CALIFORNIA IN AND FOR THE GOUNTY OF SAN FRANCISCO Case No.: CGC 09 489069 JAIME TELLIER AIME TELUE “Unlimited Civil Case” Plaintiff, vs. ‘ 4) . . IPreeeein toc FOR AAMAGES AND FOR PARTITION AND : JODIA. TELLIER, et al., ens ACCEPTANCE OF REFEREE'S Defendants, AND RELATED CROSS COMPLAINTS} Judge: Hon, Monica F. Wiley J * This matter came on regularly for trial on June 3, 4, 7 and 8, 2010, before the Honorable Monica F, Wiley in Department 624 of the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California, Willlam H. Paynter appeared as counsel for Jaime Tellier (“Plaintif?). Scott Bassin appeared as counsel for Defendant Jodi A. Tellier (‘Defendant’).3/26/2814 15:49 7879353568 UPS STORE 1743 . PAGE 83/11 Q O The matter wes submited 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 25, 2011. Anthony Theophilos was appointed by order of this court on April 11, 214 pursuant to an Interlocutory Judgment for Damages and for Partition filed on Jianuary 25, 2011 as Referee. 41. Pursuant fo the Order, the Referee was charged with responsibility for securing appraisals on two properties: ([) 2055 42nd Avenue, San Francisco, California (the “42nd Avenue Property”), and ti) 12847 Dunbar Road, Glen Ellen, California (the “Dunbar Property", which together with the Dunbar Property are collectively called the “Properties’) and doing a final repart recommending how to implement the terms of the Interlocutary Judgment. ‘ 2. The Referee has submitted his report to the Court in the forn of his Declaration of Referee Anthony Theophilos Regarding Final Accounting and Report and it was filed on November 15, 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 Jod! Tellier as to an undivided 50% joint tenancy interest together with her brother, Jaime Tellier, who owne a || 80% undivided joint tenancy interest, VPMENo, 9548PAGE 84/11 7879353568 UPS STORE 1743 O 03/26/2014 15:43 mo? 1 8. The Dunbar Property is owned by Jodi Tellier as to an undivided 50% a Joint tenancy interest together with her brother, Jaime Teller, 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 7 |lown an undivided 100% undivided interest In the 44nd Avenue Property, oo 7. To achieve that end, Referee elected to have both Properties wo appraised and the fair market values reconciled so that Jaime Tellier can buy ‘rom Jodi ° Tellier her 50% undivided interest in the Dunbar Bar Property. and Jodi Tellier wan buy from = Jaime Tellier his 50% undivided Interest in the 42" Avenue Property. Jodi Tellier shall . : ale arrange for removal of Jaime Tellier’s name as the obligor on the loan for the 42" Avenue Property within 180 days after the opening of escrow, or shall refinance the loa so that a Jaime Tellier 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 J eee close escrow. The funds owed te Jod! Tellier from escrow shail be distributed ta her when SOO92 O06 Jaime Tellier’s name is removed from the 42™ Avenue Property loan either by refinance, no S removal or liquidation of the 424 avenue property. Any cost for the sale and to pay the Referee to accomplish this task shail be deducted from the funds being held in escrow, GS 24 oe 8 - The 42nd Avenue.Property was appraised by Jan Miller of Miller and Perotti ata market value of $566,000, . %& The Dunbar Property was appraised by Gary Vice of Vice Appraisal Services ata market valug of $850,000, AAT PHatHlo, 9548 =03/26/2814 15:49 hereinafter described. Hin this matter in the arnounft set forth in that Order. . GE. 05/11 7879353568 . UPS STORE 1743 PAGE 05. a C 40. The Clear Lake properties (two lots) at 16624 Ninth Avenue were not appraised as the parties agreed that they had equal value, Neither expressed any preference for either lot, so Jaime Tellier ig to decide upon which lot he selects and the other shall go to Jodi Tellier. The transfer shall take place in the escrow account 11. Pursuant to the Declaration and findings of the Referee, the 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 Jaitne Tellier must pay Jodi Taller 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 fs reduced every month and the final balance owed by JaimeTollier shail.be adjusted at the close of escrow for the payment and the transfer of the properties based on that reduced balance. , 12. Pursuant to the Declaration and findings ofthe Referee the calculation of the damages awarded fo Jaime Tellier and the ‘accumulated interest on that Judgment through July 34 , 2011 was $262,053.40, The balance owed on the darnages awarded shail be adjusted as a setoff against the balance owed on the properties and at the close of escrow the interest incurred on the damages shail be adjusted as ta the darhages. 43.° Pursuant fo the Declaration and findings of the Refarce and ‘he Stipulation and Order regarding the parties’ recovery of costs and atiorney fees batween the parties anc those costs and fees shall also be jhcluded in.the.distribution from escrow nite O48PAGE 86/11 568 UPS STORE 1743 7879353! ” 6/2814 16:49 ., 83/2 : : CO 14, Pursuant to the Declaration and findings of the Referee the expenses incurred by the Referee from the date of his appointment to the date of his final report are approved and shall be paid out of escrow. The Referee billed for faes at the rate of $350 per hour. Total fees requested are the sum of $9,292.50 and expenses totaled $2,582.58, 15. An escrow shail be opened by Jaime Tellier ‘for the payment of funds fo transfer the properties and all other duties of the parties pursuant to this dus igment and. the Stipulation of the Parties for Judgment, 18. 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 he opened within 10 days of the entry of this Judgment and the parties shall perform all their duties pursuant io this Judgmeri. IT. 18 SO ORDERED; DATED: z} + {| DATED: —... APPROVED AS TO FORM and CONTENT: wo obpertuns Swhuutited, buy De SCOTT L. | BASSIN, ATTORNEY FOR DEFENDANT GE OF THE SUPERIOR GOURT ddd 3:41PM Ho,EXHIBIT BHAROLD M, JAFFE/CASB #57397 3521 Grand Avenue Oakland, CA 94610 Tel: (510) 452-2610~Fax: (510) 452-9125 email: jaffe5 [0@aol.com Attorney for Plaintiff JAIME TELLIER JAIME TELLIER, Plaintiff, iS. ODI A. TELLIER, DOES 1 through 10, inclusive, Defendants, |AND RELATED CROSS-ACTION, IDATED: March 16, 2015 LAW OFFICES OF HAROLD M. JAFFE ELECTRONICALLY FILED Superior Court of California, County 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 PLAINTIFE’S MOTION TO ENFORCE JUDGMENT DATE: December 19, 2014 TIME; 9:00 a.m, DEPT: 404 DOF: June 4, 2009 TRIAL DATE: Not Applicable TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 4, 2015, an Order Granting Plaintiff's Motion lto Enforce Judgment, a copy of which is attached hereto as Exhibit A, was entered. ; fn Cf Ha cock “ing Gels: HAROLD M. JAFFE, Attortiey for Plaintiff JAIME TELLIER 1 NEO GRANTING PLF'S MI. TO ENFORCE JUDGMENT EXHIBIT BORIGINAL - 2 ( of HAROLD ™M, JAFFE/CASB #57397 LAW OFFICES OF HAROLD M. JAFFE. 3521 Grand Avenue Oakland, CA 94610 Tel; (310 452-2610~Fax: (510) 452-9125 email: jaffeS10@aol.com Attorney for Plaintiff JAIME TELLIER Ch oo COURT, BY: Lo uty 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. uo DATE: * December 19, 2014 TIME; 9:00 a.m. DEPT: 404 JODI A. TELLIER, DOES | through 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. / DOT: 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 am., 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 Court, having considered the moving opposing papers, the argument of counsel, and good cause appearing; If IS HEREBY ORDERED that: 1 ORDER GRANTING PLI'S MT, TO ENFORCE JUDGMENT EXHIBIT A“ Coo. ( 1. The motion is granted and defendant JODI TELLIER shall eause to be removed from the foan encumbering the real property located at 2055 42nd Avenue, San Francisco, California, a tien which includes the name of JAIME TELLIER. 2 A further hearing 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. . “ae. a wm Ei : DATED: _ yf 3 Bests ¥F. WILHY, eK Hon COURT MONICA WILEY 2 ‘ORDER GRANTING PLE’S ME. TO ENFORCE JUDGMENT EXHIBIT APROOF OF SERVICE Jama 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, Oaksand, CA 94610. On the date herein below stated, I served the within document(s): ~NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFI’S MOTION TO ENFORCE JUDGMENT by facsimile transmission on said date. This document was transmilted 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 nantes and facsimile numbers of the person(s) served are as set forth below. XX 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 Oakfand, 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, 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 N. 3rd Street Shandon, CA 93461 Shandoti, CA 93461 Tel: (805) 440-6987 lemail: jtelliermili@email.com I declare under penalty of perjury under the laws of the State of California that the foregoing lis tue and correct, and that this Declaration was executed on March 16, 2015, at Oakland, California. JL ‘ ec Ee GAIL SMITHEXHIBIT CDocument Details Page 1 of i Access to Public Records for County Government CRiis Home Contact ~AiPac Home Search Results. Document Details Record GrantoR Year Document Date Reel Image Document Type GranteE Name 2014 4864926-00 03/24/2014 ASSIGNMENT OF DEED OF TRUST R H & R BLOCK BANK FSB R TELLIER JAIME R E TELLIER JODIA HRB MORTGAGE HOLDINGS LLC Norton = copyright © 2010 atpac Terms of Use Privacy Policy 13300 New Airport Rd, Suite $04 Auburn, CA 95602 guerarad ty Symantec, AnouY 5st CERTIFICATES, EXHIBIT C hittp:/Awww.criis.com/webtemp/23.116.41.6/doc_detail_n.htmi . April 23, 2015