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  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
  • IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST TRUST (PETITION TO REVOKE POWERS OF TRUSTEES) document preview
						
                                

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MAMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-13-2011 10:47 am Case Number: PTR-06-288755 Filing Date: Apr-11-2011 10:47 Juke Box: 001 Image: 03181040 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P03181040 Instructions: Please place this sheet on top of the document to be scanned.‘SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO, CA 94103 TELEPHONE: (415) 434-2400 ATTORNEYS AT LAW MacINNIS. DONNER & KOPLOWITZ FAX: (418) 433-1917 27 28 ~ New Andrew K. Schultz, Esq. (SBN: 215917) Witherspoon & Siracusa 1550 Bryant Street, Suite 875 San Francisco, California 94103-4879 Telephone: (415) 552-1815 Facsimile: (415) 552-2158 Edward A. Koplowitz, Esq. (SBN: 45458) MacInnis, Donner & Koplowitz. 465 California Street, Suite 222 San Francisco, CA 94104 Telephone: (415) 434-2400 Facsimile: (415) 433-1917 Attorneys for Herb Thomas, conservator of the estate and successor trustee het San Francisco County Super APR i 1 2011 CLERK OF THE COURT By a cs Rimety Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO In re the Conservatorship of the Estate of ROSIA LEE HART, Conservatee. THE ROSIA L. HART REVOCABLE TRUST DATED MAY 19, 2004 HERB THOMAS, as temporary conservator of the estate of Rosia Lee Hart, conservatee and as temporary successor trustee, Petitioner, VS. GREGORY K. WIGGINS, individually and as trustee of the Gregory K. Wiggins Trust; BAY VILLAGE LLC; and DOES 1 ~ 10, inclusive, Respondents. Mit Case Nos.: PTR-06-288755 PCN-06-288756 NOTICE OF ENTRY OF JUDGMENT AFTER HEARING ON AMENDED AND SUPPLEMENTAL PETITION FOR RECOVERY OF TRUST PROPERTY, FOR CANCELLATION OF INSTRUMENTS, FOR DAMAGES, AND FOR ATTORNEY FEES) 434-2400 ATTORNEYS AT LAW ‘SUITE 222 46S CALIFORNIA STREET SAN FRANCISCO, CA 94104 TELEPHONE: | FAX: (418) 433-1917 MacINNIS, DONNER & KOPLOWITZ 27 28 ~ ~ ew ws To: Respondent Gregory K. Wiggins, individually and as trustee of the Gregory K. Wiggins Trust, Bay Village LLC., and all Other Parties Entitled to Notice: PLEASE TAKE NOTICE THAT on March 29, 2011, the above-entitled court, per Hon. Ronald E. Quidachay presiding, did cause to be signed, and on April 1, 2011, did cause to be filed, its “Judgement After Hearing on Amended And Supplemental Petition for Recovery of Trust Property, for Cancellation of Instruments, For Damages, and For Attorney Fees,” a true and correct copy of which is attached hereto as Exhibit “A.” 4 Dated: > 2011 MacINNIS, DONNER & IDWARD A. K , ESQ. Attorneys for Herff Thomas, Conservator of the Estate and Successor Trustee. Ds\Data\Data\APPS\SOFTSOL\DOCS\2006 docs\2006-38\Ntc. Entry. Judgment.04.04.11.wpdSUITE 222 465 CALIFORNIA STREET SAN FRANCISCO, CA 94104 TELEPHONE: (415) 434-2400 FAX: (418) 433-1917 MacINNIS. DONNER & KOPLOWITZ ATTORNEYS AT LAW we Andrew K. Schultz, Esq. (SBN: 215917) Witherspoon & Siracusa 1550 Bryant Street, Suite 875 San Francisco, California 94103-4879 Telephone: (415) 552-1815 Facsimile: (415) 552-2158 Edward A. Koplowitz, Esq. (SBN: 45458) MacInnis, Donner & Koplowitz 465 California Street, Suite 222 San Francisco, CA 94104 Telephone: (415) 434-2400 Facsimile: (415) 433-1917 Attorneys for Herb Thomas, Temporary conservator of the estate And temporary successor trustee ENDORSED LE ‘San Francieco County Superior Court APR-1 201 CLERK OF T| RT oe NBGA HERE a Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO In re the Conservatorship of the Estate of ROSIA LEE HART, Conservatee. Inre THE ROSIA L. HART REVOCABLE TRUST DATED MAY 19, 2004 HERB THOMAS, as temporary conservator of the estate of Rosia Lee Hart, conservatee and as temporary successor trustee, Petitioner, VS. GREGORY K. WIGGINS, individually and as trustee of the Gregory K. Wiggins Trust; BAY VILLAGE LLC; and DOES 1 — 10, inclusive, Respondents. Mil Case Nos.: PTR-06-288755 PCN-06-288756 JUDGMENT AFTER HEARING ON AMENDED AND SUPPLEMENTAL PETITION FOR RECOVERY OF TRUST PROPERTY, FOR CANCELLATION OF INSTRUMENTS, FOR DAMAGES, AND FOR ATTORNEY FEES Date: = March 23, 2011 Time: 3:00 p.m. Dept.: 501 Judge: Honorable Ronald E. Quidachay Judement After HearingMaciINNIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO. CA 94104 This matter came on regularly for hearing on March 23, 2011 in Department 501 of the above-entitled court, the Hon. Ronald E. Quidachay presiding. Petitioner Herb Thomas, as conservator of the estate of Rosia L. Hart and as successor trustee of the Rosia L. Hart Revocable Trust dated May 19, 2004, appeared in person and through his attorneys, Andrew Schultz of Witherspoon & Siracusa and Edward A. Koplowitz of MacInnis, Donner & Koplowitz. There was no appearance for respondents Gregory K. Wiggins, either individually or as trustee of Gregory K. Wiggins Tnust, or by Bay Village LLC. Respondents having failed to file any response or opposition to the Petition or Amended and Supplemental Petition for Recovery of Trust Property, For Cancellation of Instruments, for Damages, and for Attorneys’ Fees, and the default of respondent Gregory K. Wiggins having been previously entered, the court having taken evidence, including having taken judicial notice of the petitions and other verified pleadings and papers in the file, having entertained oral argument, being advised in the premises, and having caused to be made and entered its Order Granting Amended and Supplemental Petition for Recovery of Trust Property, For Cancellation of Instruments, For Damages, and For Attorney Fees, IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: A. The court hereby cancels, sets aside, and declares invalid the deed and any purported conveyance of conservatee’s interest in 211 Tanager Way, Hercules, California, to respondent Gregory K. Wiggins, together with the purported deed or any subsequent conveyance from respondent Gregory K. Wiggins to the Gregory J. Wiggins Trust. The legal description of such property is: Lot 23, map of Subdivision 6505, filed December 30, 1986 in Book 310 of Maps, page 29, Contra Costa County Records, being APN # 360-653-006. B. The court hereby cancels, sets aside, and declares invalid the deed and any purported conveyance of conservatee’s interest in 950 Newhall Street in San Francisco, California, as trustee to respondent Bayview Village LLC. The legal description of such property is: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF KIRK WOOD AVENUE AND THE NORTHWESTERLY LINE OF NEWHALL STREET; RUNNING THENCE NORTHWESTERLY ALONG SAID LINE OF REDWOOD AVENUE 75 FEET; THENCE AT A RIGHT ANGLE NORTHEASTERLY 100 FEET; THENCE AT A RIGHT ANGLE SOUTHEASTERLY 75 FEET TO THE 2. Judgment After HearingSUITE 222 465 CALIFORNIA STREET SAN FRANCISCO. CA 94104 8 2 3 5 ¢ a = z ATTORNEYS AT LAW i w Z 6 zr a q z a # MacINNIS. DONNER & KOPLOWITZ NORTHWESTERLY LINE OF NEWHALL STREET; THENCE SOUTHWESTERLY ALONG SAID LINE OF NEWHALL STREET 100 FEET TO THE POINT OF BEGINNING. BEING LOTS 25, 26 AND 27, IN BLOCK 210, O’NEIL AND HALEY TRACT BLOCK 5279, LOT 4 COMMONLY KNOWN AS: 950 NEWHALL STREET, SAN FRANCISCO, CA c It is declared and adjudged that neither Gregory K. Wiggins individually nor as trustee has any right, title or interest in 32 Argonaut Avenue in San Francisco, California, being APN 6358-024. D. Is declared and adjudged that neither Gregory K. Wiggins individually nor as trustee has any right, title or interest in 1760 Dover Circle, Suisun City, California, being APN 174393-07, and legally described as: Lot 210 as shown on that certain map entitled "Final Map of Peterson Ranch, unit No. 3" in the City of Suisun City, County of Solano, State of California, filed in the office of county record of said county on May 14, 2003 in book 75 of maps, page 92. E. Respondents Gregory K. Wiggins and Bay Village LLC, shall forthwith deliver all such invalidated instruments to the clerk of this court for cancellation. In the event said respondents fail or refuse to execute, acknowledge and deliver such document or documents as may be necessary or desirable to effectuate this Order, then the undersigned, the Clerk of this court, or the designee of either, is hereby authorized and directed to affix the name of Gregory K. Wiggins, whether individually or as trustee, and/or Bay Village LLC, to such documents as the act and deed of the person or entity in whose name it is taken. F. Damages are awarded against Respondent Gregory K. Wiggins in the sum of $1,620,000.00, which represents (i) the sum of $540,000.00 which Respondent Wiggins wrongfully borrowed against the real property known as 211 Tanager Way, Hercules, California, and (ii) which is doubled pursuant to Probate Code §859 by reason of Mr. Wiggins’ intentional, wrongful, and bad faith actions. H. Attorneys’ fees of $12,000 for financial elder abuse, under Welfare & if Judgment After HearingSUITE 222 15) 434-2400 433.1917 465 CALIFORNIA STREET SAN FRANCISCO, CA 94104 ATTORNEYS AT LAW i 6 £ a 4 a ? MaciNNIS, DONNER & KOPLOWITZ 27 28 -~ Net ot Institutions Code §15657.5(a) are awarded against Respondent Gregory K. Wiggins. Dated: G-29 2011 RONALD EVANS QUIDACHAY Hon. Ronald Quidachay Judge of the Superior Court D:AData\Data\APPS\SOFTSOL\DOCS\2006 docs\2006-38\Judgmment.after.hearimg Judgment After HearingMacINNIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO. CA 94104 TELEPHONE: (415) 434-2400 FAX: (418) 433-1917 27 28 PROOF OF SERVICE BY MAIL 1, Lisa Elder, declare that ] am employed in the City and County of San Francisco. I am over the age of eighteen years and not a party to the within entitled cause; my business address is 465 California Street; Suite 222, San Francisco, CA 94104. On April x, 2011, I served the following document(s): NOTICE OF ENTRY OF JUDGMENT AFTER HEARING ON AMENDED AND SUPPLEMENTAL PETITION FOR RECOVERY OF TRUST PROPERTY, FOR CANCELLATION OF INSTRUMENTS, FOR DAMAGES, AND FOR ATTORNEY FEES. in said case, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as follows: Andrew Schultz Witherspoon & Siracusa 1550 Bryant Street, Suite 875 San Francisco, CA 94103 Bruce Feder Kato, Feder & Suzuki 685 Market Street, Suite 490 San Francisco, CA 94105 Gregory K. Wiggins 3101 Crestline Court Antioch, CA 94531 Herb Thomas 875-A Island Drive, Suite 387 Alameda, CA 94502 By overnight delivery. | enclosed the document in an envelope or package provided by an overnight delivery carrier and addressed it to the person(s) at the address(es) listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By messenger service. I served the document by placing it in an envelope or package addressed to the person(s) at the address(es) listed above and provided it to a professional messenger PROOF OF SERVICE8 2 4s g 3 s a = bs be #3 ahS N$o 3 Bee 5 a2 OE ¢ # FAK: (418) 433-1917 & o o z & 6 e & TELEPHON 3 4 a 9 x & te Wl Zz z ° a a Zz € a = 27 28 -~ Set st service for service. (Attach a declaration by the messenger.) _x____ By placing in office mail. I enclosed the document in a sealed envelope or package addressed to the person(s) at the address(es) listed above, and placed the envelope or package for collection and mailing, following our ordinary business practices. I am readily familiar with our business’s practices for collecting and processing mail. On the same day that mail is placed for collection, it is deposited in the ordinary course of business with the United States Postal Service, with postage fully prepaid. The envelope or package was placed in the mail at San Francisco, California. By personal service. I personally delivered the document to the person(s) at the address(es) | listed above: By fax transmission. I faxed the documents to the persons at the fax numbers listed. By e-mail or electronic transmission. I caused the document to be sent to the person(s) at the e-mail addressed listed above. I did not receive any electronic notification that the transmission was unsuccessful. I declare 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 April & » 2011, at San Francisco, California. (a> 4 to Lisa E. Elder DA\Data\Data\APPS'SOFTSOL\DOCS\2006 docs\2006-38\POSMAIL.wpd PROOF OF SERVICE