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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
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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
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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
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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
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MaciNNIS, DONNER & KOPLOWITZ
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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
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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
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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