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IOAN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-28-2011 3:02 pm
Case Number: PTR-06-288755
Filing Date: Mar-28-2011 3:01
Juke Box: 001 Image: 03166152
NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P03166152
Instructions:
Please place this sheet on top of the document to be scanned.MacINNIS, DONNER & KOPLOWITZ
ATTORNEYS AT LAW
‘SUITE 222
465 CALIFORNIA STREET
SAN FRANCISCO. CA 94104
TELEPHONE: (415) 434-2400
FAK: (418) 433-1917
27
28
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
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.
il
Case Nos.: PTR-06-288755
PCN-06-288756
NOTICE OF ENTRY OF ORDER
GRANTING 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
Notice of Entry of OrderMaciINNIS, DONNER & KOPLOWITZ
ATTORNEYS AT LAW
‘SUITE 222
465 CALIFORNIA STREET
SAN FRANCISCO. CA 94108
TELEPHONE: (415) 434-2400
FAX: (415) 433-1917
27
28
TO EACH PARTY ENTITLED TO NOTICE AND TO THAT PARTY’S ATTORNEY OF
RECORD:
PLEASE TAKE NOTICE THAT on March 23, 2011, the Honorable Ronald E. Quidachay
did cause to be made and filed the court’s “Order Granting Amended and Supplemental Petition for
Recovery Of Trust Property, For Cancellation of Instruments, For Damages, and for Attorneys’ Fees”
a true and correct copy of which is attached.
Dated: March 24, 2011
MacInnis, Donner & Koplowitz
Attorneys ‘for Herb Th
Successor Trustee
ef, Conservator and
Notice of Entry of OrderCONNER & KOPLOWIIZ
ATTORNEYS AT LAW
MacINNIS, D
SUITE 222
a65 CALIFORNIA STREET
SAN FRANCISCO, CA 94104
434.2400
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Andrew K. Schultz, Esq. (SBN: 21 5917)
Witherspoon & Siracusa
1550 Bryant Street, Suite 875
San Francisco, California 94103-4879
Telephone: (415) 552-1815
Facsimile: (415) 552-2158
Edward A. Koplowitz, Esa. (SBN: 45458)
MaclInnis, 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
San Francisco County Superior Court
MAR 23 2011
CLERK OF THE COURT
ay, GERALDINE ANDERSON
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.
itt
1
IP SED] ORDER GRANTING
AMENDED AND SUPPLEMENTAL
PETITION FOR RECOVERY OF
TRUST PROPERTY, FOR
CANCELLATION OF INSTRUMENTS,
FOR DAMAGES, AND FOR
ATTORNEYS’ FEES.
Date:
Time:
Dept.:
Judge:
March 23, 2011
3:00 p.m.
501
Honorable Ronald E. Quidachay
Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.MacINNiIS, DONNER & KOPLOWITZ
ATTORNEYS AT LAW
SUITE 222
465 CALIFORNIA STREET
27
28
This matter came on regularly for “prove-up” hearing, after entry of default, before the
undersigned on the Amended and Supplemental Petition of Herb Thomas, conservator of the estate
and successor trustee, for Recovery of Trust Property, for Cancellation of Instruments, and for
Damages, Including for Elder Abuse, this 23rd day of March 2011.
Edward A. Koplowitz and Andrew K. Schultz appeared for petitioner Herb Thomas. There
was no appearance by respondents Gregory K. Wiggins and Bay Village LLC either personally or
through counsel, their defaults having becn taken.
The court, having reviewed the Amended and Supplemental Petition, having reviewed the file
and prior proceedings of the court in the matter, having taken evidence, including by judicial notice,
and having entertained oral argument, does hereby GRANT the Amended and Supplemental Petition
as follows:
1. The court finds that due, proper, and timely notice of the Amended and Supplemental
Petition was given to respondents.
2. Petitioner has demonstrated that petitioner is entitled to the relief sought, 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 decd 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
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
2.
Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.ONNER & KOPLOWITZ
ATTORNEYS AT LAW
MacINNIS, D
SUITE 222
465 CALIFORNIA STREET
SAN FRANCISCO, CA 94104
27
28
BLOCK 5279, LOT 4
COMMONLY KNOWN AS: 850 NEWHALL STREET, SAN FRANCISCO,
CA
Cc 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 entitied "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. That respondent forthwith deliver all such invalidated instruments to the clerk
of this court for cancellation. In the event respondents fail or refuse to execute, acknowledge and
deliver such document or documents as may be necessary or desirable to effectuate this Order, then
ithe 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. For damages 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
lborrowed 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. For attorneys’ fees of $12,000 for financial elder abuse, under Welfare &
institutions Code §15657.5(a).
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it
3.
Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.3. Judgment shall be entered on and consistent with the above Order.
IT IS SO ORDERED.
3 Dated: 3/23 lt
‘ VL
Hén. Ronald Quidachay
6 Judge of the Superior Court
D:\Data\Data\APPS\SOFTSOL\DOCS\2006 docs\2006-38\Order Granting Petition to Recover Trust
10 || Property.03.22.11.wpd
0. CA 94104
15) 434.2400
ATTORNEYS AT LAW
SUITE 222
465 CALIFORNIA STREET
MacINNIS, DONNER & KOPLOWITZ
4.
Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.434-2400
SUITE 222
465 CALIFORNIA STREET
SAN FRANCISCO, CA 94104
TELEPHONE: (415)
FAX: (418) 433.1917
MacINNIS, DONNER & KOPLOWITZ
ATTORNEYS AT LAW
27
28
PROOF OF SERVICE BY MAIL
I, Lisa Elder, declare that ] am employed in the City and County of San Francisco. | 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 March 25, 2011, I served the following document(s):
NOTICE OF ENTRY OF ORDER GRANTING 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. I 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 SERVICE©. CA 94104
15) 434.2400
SUITE 222
465 CALIFORNIA STREET
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MacINNIS,. DONNER & KOPLOWITZ
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. 1 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, 1 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.
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 March 25, 2011, at San Francisco,
California. ~ C
~~
Lisa E. Elder
D:\Data\Data\APPS\SOFTSOL\DOCS'\2006 docs\2006-38\POSM AIL. wpd_
PROOF OF SERVICE
Preview
IOAN SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-28-2011 3:02 pm Case Number: PTR-06-288755 Filing Date: Mar-28-2011 3:01 Juke Box: 001 Image: 03166152 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P03166152 Instructions: Please place this sheet on top of the document to be scanned.MacINNIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW ‘SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO. CA 94104 TELEPHONE: (415) 434-2400 FAK: (418) 433-1917 27 28 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 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. il Case Nos.: PTR-06-288755 PCN-06-288756 NOTICE OF ENTRY OF ORDER GRANTING 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 Notice of Entry of OrderMaciINNIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW ‘SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO. CA 94108 TELEPHONE: (415) 434-2400 FAX: (415) 433-1917 27 28 TO EACH PARTY ENTITLED TO NOTICE AND TO THAT PARTY’S ATTORNEY OF RECORD: PLEASE TAKE NOTICE THAT on March 23, 2011, the Honorable Ronald E. Quidachay did cause to be made and filed the court’s “Order Granting Amended and Supplemental Petition for Recovery Of Trust Property, For Cancellation of Instruments, For Damages, and for Attorneys’ Fees” a true and correct copy of which is attached. Dated: March 24, 2011 MacInnis, Donner & Koplowitz Attorneys ‘for Herb Th Successor Trustee ef, Conservator and Notice of Entry of OrderCONNER & KOPLOWIIZ ATTORNEYS AT LAW MacINNIS, D SUITE 222 a65 CALIFORNIA STREET SAN FRANCISCO, CA 94104 434.2400 15) b 3 a 3 3 3g = z a z 3 < a & 3 a # 7 28 NS Andrew K. Schultz, Esq. (SBN: 21 5917) Witherspoon & Siracusa 1550 Bryant Street, Suite 875 San Francisco, California 94103-4879 Telephone: (415) 552-1815 Facsimile: (415) 552-2158 Edward A. Koplowitz, Esa. (SBN: 45458) MaclInnis, 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 San Francisco County Superior Court MAR 23 2011 CLERK OF THE COURT ay, GERALDINE ANDERSON 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. itt 1 IP SED] ORDER GRANTING AMENDED AND SUPPLEMENTAL PETITION FOR RECOVERY OF TRUST PROPERTY, FOR CANCELLATION OF INSTRUMENTS, FOR DAMAGES, AND FOR ATTORNEYS’ FEES. Date: Time: Dept.: Judge: March 23, 2011 3:00 p.m. 501 Honorable Ronald E. Quidachay Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.MacINNiIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW SUITE 222 465 CALIFORNIA STREET 27 28 This matter came on regularly for “prove-up” hearing, after entry of default, before the undersigned on the Amended and Supplemental Petition of Herb Thomas, conservator of the estate and successor trustee, for Recovery of Trust Property, for Cancellation of Instruments, and for Damages, Including for Elder Abuse, this 23rd day of March 2011. Edward A. Koplowitz and Andrew K. Schultz appeared for petitioner Herb Thomas. There was no appearance by respondents Gregory K. Wiggins and Bay Village LLC either personally or through counsel, their defaults having becn taken. The court, having reviewed the Amended and Supplemental Petition, having reviewed the file and prior proceedings of the court in the matter, having taken evidence, including by judicial notice, and having entertained oral argument, does hereby GRANT the Amended and Supplemental Petition as follows: 1. The court finds that due, proper, and timely notice of the Amended and Supplemental Petition was given to respondents. 2. Petitioner has demonstrated that petitioner is entitled to the relief sought, 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 decd 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 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 2. Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.ONNER & KOPLOWITZ ATTORNEYS AT LAW MacINNIS, D SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO, CA 94104 27 28 BLOCK 5279, LOT 4 COMMONLY KNOWN AS: 850 NEWHALL STREET, SAN FRANCISCO, CA Cc 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 entitied "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. That respondent forthwith deliver all such invalidated instruments to the clerk of this court for cancellation. In the event respondents fail or refuse to execute, acknowledge and deliver such document or documents as may be necessary or desirable to effectuate this Order, then ithe 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. For damages 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 lborrowed 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. For attorneys’ fees of $12,000 for financial elder abuse, under Welfare & institutions Code §15657.5(a). / Ui it 3. Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.3. Judgment shall be entered on and consistent with the above Order. IT IS SO ORDERED. 3 Dated: 3/23 lt ‘ VL Hén. Ronald Quidachay 6 Judge of the Superior Court D:\Data\Data\APPS\SOFTSOL\DOCS\2006 docs\2006-38\Order Granting Petition to Recover Trust 10 || Property.03.22.11.wpd 0. CA 94104 15) 434.2400 ATTORNEYS AT LAW SUITE 222 465 CALIFORNIA STREET MacINNIS, DONNER & KOPLOWITZ 4. Order Granting Amended and Supplemental Petition for Recovery of Trust Property, etc.434-2400 SUITE 222 465 CALIFORNIA STREET SAN FRANCISCO, CA 94104 TELEPHONE: (415) FAX: (418) 433.1917 MacINNIS, DONNER & KOPLOWITZ ATTORNEYS AT LAW 27 28 PROOF OF SERVICE BY MAIL I, Lisa Elder, declare that ] am employed in the City and County of San Francisco. | 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 March 25, 2011, I served the following document(s): NOTICE OF ENTRY OF ORDER GRANTING 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. I 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 SERVICE©. CA 94104 15) 434.2400 SUITE 222 465 CALIFORNIA STREET 5 o a 8 8 a = é ATTORNEYS AT LAW Su Ze £9 gr oe zu Sa oF MacINNIS,. DONNER & KOPLOWITZ 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. 1 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, 1 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. 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 March 25, 2011, at San Francisco, California. ~ C ~~ Lisa E. Elder D:\Data\Data\APPS\SOFTSOL\DOCS'\2006 docs\2006-38\POSM AIL. wpd_ PROOF OF SERVICE