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Mar-26-2007 11:30 am
Case Number: PTR-05-287341
Filing Date: Mar-22-2007 11:30
Juke Box: 001 Image: 01720083
DECLARATION
RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS/CONSOLIDATED Wr
001P01720083
Instructions:
Please place this sheet on top of the document to be scanned.GEORGE KING (SBN 028951)
MICHAEL G. ZATKIN (SBN 209494)
KING, KING & FISHLEDER, A Professional Corporation /
The 555 City Center Building
555 Twelfth Street, Suite 1440
Oakland, California 94607
Telephone: (510) 844-3400
Facsimile: (510) 444-3401
Attorneys for Respondent
EVA KNOTT
Sen Francisca Ghilnty Superior Court
MAR % 2 2007
G
BY:
[
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
IN RE REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED NOVEMBER 2, 2004, AND
WILL DATED NOVEMBER 2, 2004,
CAROL MITCHELL,
Petitioner,
vs.
EVA KNOTT, Trustee and Beneficiary
under the REVOCABLE LIVING TRUST
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary and
NATALIE FERRERO, a minor and a will
and trust beneficiary,
Respondents.
ESTATE OF:
CHARLES ACTIS
Decedent.
CAROL MITCHELL,
Contestant,
vs.
EVA KNOTT,
Respondent.
CASE NOS. PTR-05-287341
Related Case: PES-05-287457
DECLARATION OF MICHAEL G,
ZATKIN RE MOTION FOR ORDER
STAYING DEPOSITION OF DERICK
LUU AND QUASHING NOTICE OF
DEPOSITION
Hearing Date: April 3, 2007
Hearing Time: 10:30 a.m.
Dept: 612
Trial Date: April 9, 2007
ORIGINAL
DECL, OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITION,I, MICHAEL. G. ZATKIN, declare:
1, That I am an altorney at law, duly admitted to practice before all courts of the
State of California, and Iam employed by King, King and Fishleder, A Professional Corporation,
attorney of record for Respondent EVA KNOTT, in cases PTR-05-287341 and PES 05-287457.
2, That the discovery cut-off date in this case was March 9, 2007.
3. That on February 1, 2007, George King drafted and mailed the letter and
deposition subpoena attached hereto as Exhibit “A” to this Declaration, to Derick Luu (““LUU”).
The letter advised LUU that King, King & Fishleder had tried several times unsuccessfully to
serve him, and that LUU appeared to be avoiding service. The letter also asked LUU to contact
King, King & Fishleder. LUU never responded to the letter.
4. Respondent has long felt that Petitioner has been advising LUU to avoid service
and not cooperate with Respondent in any way. This belie!’ was confirmed upon reccipt by
Respondent of a letter from Petitioncr’s counsel, dated March 5, 2007, in which counsel for
Petitioner refused to provide [,.UU’s telephone number to Respondent. A copy of said letter is
attached hereto as Exhibit “B.”
5. That on February 14, 2007, 1.UU was personally served with a Deposition
Subpoena which scheduled his deposition for February 28, 2007. A copy of the Deposition
Subpoena was served on Robert Mitchell, Petitioner’s attorney, on February 16. 2007.
6. On February 26, 2007, two days prior to the date scheduled for LUU’s
deposition, Mr. Mitchell objected to the deposition of LUU. On the same date, pursuant to
Mr. Mitchell’s request that we meet and confer, I faxed a letter to Mr. Mitchell, asking him to
contact me to meet and confer concerning his objections.
7. On February 27, 2007, without ever speaking with Respondent's attorneys to meet
and confer, Petitioner filed the instant motion.
8. Respondent is not objecting to quashing the Notice of Deposition of Derick Luu.
9. Respondent has long been willing to cooperate with Petitioner to find dates
convenient for both parties so that Petitioner may depose Chantay Almond (subject of a
companion motion filed by Respondent to be heard at the same time as the instant motion) and
DECL. OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITION 2Petitioner may depose LUU.
I declare under penalty of perjury that the foregoing is truc and correct and that this
declaration was executed on March 20, 2007, at Oakland, California.
Michael G, Zatkin
Attorneys for Respondent Eva Knott
DECL. OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITIONEXHIBIT “A”LAW OFFICES OF
KING, KING & FISHLEDER
A PROFESSIONAL ComromA ON
THR 555 CITY CENTER BUILDING
555 TWELFTH STRERT, SUITE 1440 Telephone (519) #44-4400
George King
OAKLAND, Ca 94607-4085 Favsimile (510) 444.3401
Mare G. Fishleder
Michael G. Zatkin
Writer's Direct Dial
and E-Mail Address
(510) 844-3400
Reorge@kkflaw.ner
Daniel A. King (1960-2003)
February 1, 2007
Mr. Derick C. Luu
2451 17" Avenue
San Francisco, CA 94116
Re: — Mitchell v. Knott (Fstate of Charles Actis)
SF County Superior Court Case Nos.: PES-05-287457 and PTR-05-287341
Dear Mr. Luu:
I represent Ms. Eva Knott in the above-referenced matters. | have tried several times
unsuccessfully to serve you with a deposition subpoena at your residence in San Francisco.
According to my process server, on several allempts no one answered the door at your home. In
one instance, an individual named “Mr. Chung” answered the door and stated thal he had never
heard of you.
T understand that you have provided a great deal of information about Mr. Actis and Ms. Knott to
Robert B. Mitchell, attorney for the Mitchell family. Your deposition testimony will be very
helpful in resolving Mr. Actis’ estate. Accordingly, please contact me upon receipt of this letter
so that we can agree on a mutually convenient date to take your deposition. Enclosed tind a copy
of a subpoena if you are willing to accept service.
T look forward to hearing from you.
Very truly yours,
G, KING & FISHLEDER
Gdorge Kin
GK:ag
cc: Robert B. Mitchell, Esq._ _ 982(a)(15.4)
[ATTORNEY OR PARTY WITHOUT ATTORNEY (vame, State ber, and address): FOR COURT USE ONLY
|_ GEORGE KING G SBN pee,
[~ MICHAEL G. ZATKIN (SBN 209494)
KING, KING & FISHLEDER
555 12th Street, Suite 1440
Oakland, CA 94607
TevepHone no. (510) 844-3400 FAXNO. (Optionay: (510) 444-3401
E-MAIL ADDRESS (Optonay: george(@kkflaw.net
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
strectappecss: 400 McAllister Street
MAILING ADDRESS
ciyanpziecope San Francisco, CA 94102
BRANCH NAME
PETITIONER: CAROL MITCHELL
RESPONDENT: EVA V. KNOTT
DEPOSITION SUBPOENA CASE HUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS PTR-05-287341
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
DERICK C. LUU, 2451 17th Avenue, San Francisco, California
4. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time,
and place:
Date: February 20, 2007 Time: 10:00 a.m. Address: 555 12th Street, Suite 1440
Oakland, CA_94607
a. L__] As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.220(a)(6)).
b. You are ordered to produce the documents and things described in item 3.
c. [9¢] This deposition will be recorded stenographically [__] through the instant visual display of testimony,
andby [ ] audiotape [7_] videotape
d. [__] This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1580(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
Sce ATTACHMENT 3 hereto
(x_] Continued on Attachment 3.
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
{___] Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEOURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS,
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
tater they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways, The money must be paid, af
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THiS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMA‘ SULTING FROM YOUR FAILURE TO OBEY.
Date issued: January 17, 2007 >
GEORGE KING (SBN 028951)
(TYPE OR PRINT NAME)
1 IGNATURE OF PERSOMISSUING SUBPOENA)
Attorneys for Respondent, BV. KNOTT
(TMLE)
(Proof of service on reverse)
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE §§ 2020 610 Deane eet
eas(t5 4 Rew daly 2005} AND PRODUCTION OF DOCUMENTS AND THINGS Sol patignis © “en Ge ete
as[. PLAINTIFFPETITIONER: CAROL MITSVTELL NUMBER,
/R-05-287341
DEFENDANT/RESPONDENT: EVA V. KNOTT
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways (check ane):
(2) 7} were not paid.
(3) [__] were tendered to the witness's
Public entity employer as
required by Government Code
section 68097.2. The amount
f. Fee for service:.
2. Ireceived this subpoena for service on (date):
3. Person serving:
a. [___] Nota registered California process server.
b, [__] California sheriff or marshal.
, L_"] Registered California process server.
. [| Employee or independent contractor of a registered California process server.
. [__] Exempt from registration under Business and Professions Code section 22350(b).
|__|] Registered professional photocopier.
. (“] Exempt from registration under Business and Professions Code section 22451.
Name, address, telephone number, and, if applicable, county of registration and number:
san-gacg
(For California sheriff or marshal use only)
I declare under penally of perjury under the laws of the State of
I certify that the foregoing is true and correct.
California that the foregoing is true and correct.
Date: Date:
{SIGHATURF) (SIGNATURE)
1982(6)(15.4) [Rey. July 1, 2005] PROOF OF SERVICE
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Page two
ANC PRODUCTION OF DOCUMENTS AND THINGSACTIS, CHARLES San Francisco County Superior Court
Case Nos.: PTR-05-287341
PES-05-287457
ATTACHMENT 3
TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND
PRODUCTION OF DOCUMENTS AND THINGS
1. Any and all documents which in any relate to Charles Actis, including, but not limited to,
notes, letters, memorandums, telephone messages, e-mails, pleadings, depositions, video
tapes, audio tapes, reports, checks, bank records, ete.
2. Any and all documents which in any way relate to Eva Knott, including, but not limited
to, notes, letters, memorandums, telephone messages, e-mails, pleadings, depositions,
video tapes, audio tapes, reports, checks, bank records, etc.PROOF OF SERVICE
Re: in Re Revocable Living Trust Agreement of Charles Actis
San Francisco County Superior Court Case No. PTR-05-287341
San Francisco County Superior Court Case No. PES-05-287457
Robert B. Mitchell, Esq.
Spellman & Mitchell
1850 Mt. Diablo Blvd., Suite 670
Walnut Creek, CA 94596-4407
Telephone: (925) 938-5880
Facsimile: (925) 938-5880
Ernest F. Der, Esq.
Skootsky & Der LLP
90 New Montgomery Street, Suite 905
San Francisco, CA 94105
‘Telephone: (415) 979-9800
Facsimile: (415) 979-9821
Caroline K. Hinshaw, Esq.
Bryan* Hinshaw
425 California Street, Suite 900
San Francisco, CA 94104
‘lelephone: (415) 296-0800
Facsimile: (415) 296- 0812
PROOF OF SERVICEEXHIBIT “B”43/85/2887 86:34 9259385882 SPELLMAN & MITCHE? | PAGE 61
SPELLMAN & MITCHELL
ATTORNEYS AT LAW
£850 MT. DIABLO BLVD., SUITE 670
DEAN . SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880
ROBERT B. MITCHELL Fax (925) 938-5882
E-Mail: SPMILAW@SBCGLOBAL.NET
March 5, 2007
KING, KING & FISHLEDER
Attn: Michael G. Zatkin
555 Twelfth Street, Ste. 1440
Oakland, CA 94607-4046
VIA FAX (510) 444-3401 - NO HARD COPY TO FOLLOW
Re: Mitchell v. Knott
Case No. PTR-05-287341
Dear Mr. Zatkin:
Following up on my letter to you of March 3", please be advised that Mr. Luu has
requested that | not pass along his telephone number to you. However, be advised that
Mr. Luu did receive your letter that his deposition on March 8" has been dropped. He
recognizes that he is not to appear that date.
BERT B. MITCHELL
RBM:mm
ce: Derick Luu via email
Preview
CEA San Francisco Superior Courts information Technology Group Document Scanning Lead Sheet Mar-26-2007 11:30 am Case Number: PTR-05-287341 Filing Date: Mar-22-2007 11:30 Juke Box: 001 Image: 01720083 DECLARATION RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS/CONSOLIDATED Wr 001P01720083 Instructions: Please place this sheet on top of the document to be scanned.GEORGE KING (SBN 028951) MICHAEL G. ZATKIN (SBN 209494) KING, KING & FISHLEDER, A Professional Corporation / The 555 City Center Building 555 Twelfth Street, Suite 1440 Oakland, California 94607 Telephone: (510) 844-3400 Facsimile: (510) 444-3401 Attorneys for Respondent EVA KNOTT Sen Francisca Ghilnty Superior Court MAR % 2 2007 G BY: [ IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED NOVEMBER 2, 2004, AND WILL DATED NOVEMBER 2, 2004, CAROL MITCHELL, Petitioner, vs. EVA KNOTT, Trustee and Beneficiary under the REVOCABLE LIVING TRUST AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary and NATALIE FERRERO, a minor and a will and trust beneficiary, Respondents. ESTATE OF: CHARLES ACTIS Decedent. CAROL MITCHELL, Contestant, vs. EVA KNOTT, Respondent. CASE NOS. PTR-05-287341 Related Case: PES-05-287457 DECLARATION OF MICHAEL G, ZATKIN RE MOTION FOR ORDER STAYING DEPOSITION OF DERICK LUU AND QUASHING NOTICE OF DEPOSITION Hearing Date: April 3, 2007 Hearing Time: 10:30 a.m. Dept: 612 Trial Date: April 9, 2007 ORIGINAL DECL, OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITION,I, MICHAEL. G. ZATKIN, declare: 1, That I am an altorney at law, duly admitted to practice before all courts of the State of California, and Iam employed by King, King and Fishleder, A Professional Corporation, attorney of record for Respondent EVA KNOTT, in cases PTR-05-287341 and PES 05-287457. 2, That the discovery cut-off date in this case was March 9, 2007. 3. That on February 1, 2007, George King drafted and mailed the letter and deposition subpoena attached hereto as Exhibit “A” to this Declaration, to Derick Luu (““LUU”). The letter advised LUU that King, King & Fishleder had tried several times unsuccessfully to serve him, and that LUU appeared to be avoiding service. The letter also asked LUU to contact King, King & Fishleder. LUU never responded to the letter. 4. Respondent has long felt that Petitioner has been advising LUU to avoid service and not cooperate with Respondent in any way. This belie!’ was confirmed upon reccipt by Respondent of a letter from Petitioncr’s counsel, dated March 5, 2007, in which counsel for Petitioner refused to provide [,.UU’s telephone number to Respondent. A copy of said letter is attached hereto as Exhibit “B.” 5. That on February 14, 2007, 1.UU was personally served with a Deposition Subpoena which scheduled his deposition for February 28, 2007. A copy of the Deposition Subpoena was served on Robert Mitchell, Petitioner’s attorney, on February 16. 2007. 6. On February 26, 2007, two days prior to the date scheduled for LUU’s deposition, Mr. Mitchell objected to the deposition of LUU. On the same date, pursuant to Mr. Mitchell’s request that we meet and confer, I faxed a letter to Mr. Mitchell, asking him to contact me to meet and confer concerning his objections. 7. On February 27, 2007, without ever speaking with Respondent's attorneys to meet and confer, Petitioner filed the instant motion. 8. Respondent is not objecting to quashing the Notice of Deposition of Derick Luu. 9. Respondent has long been willing to cooperate with Petitioner to find dates convenient for both parties so that Petitioner may depose Chantay Almond (subject of a companion motion filed by Respondent to be heard at the same time as the instant motion) and DECL. OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITION 2Petitioner may depose LUU. I declare under penalty of perjury that the foregoing is truc and correct and that this declaration was executed on March 20, 2007, at Oakland, California. Michael G, Zatkin Attorneys for Respondent Eva Knott DECL. OF MICHAEL ZATKIN RE MOTION TO QUASH NOTICE OF DEPOSITIONEXHIBIT “A”LAW OFFICES OF KING, KING & FISHLEDER A PROFESSIONAL ComromA ON THR 555 CITY CENTER BUILDING 555 TWELFTH STRERT, SUITE 1440 Telephone (519) #44-4400 George King OAKLAND, Ca 94607-4085 Favsimile (510) 444.3401 Mare G. Fishleder Michael G. Zatkin Writer's Direct Dial and E-Mail Address (510) 844-3400 Reorge@kkflaw.ner Daniel A. King (1960-2003) February 1, 2007 Mr. Derick C. Luu 2451 17" Avenue San Francisco, CA 94116 Re: — Mitchell v. Knott (Fstate of Charles Actis) SF County Superior Court Case Nos.: PES-05-287457 and PTR-05-287341 Dear Mr. Luu: I represent Ms. Eva Knott in the above-referenced matters. | have tried several times unsuccessfully to serve you with a deposition subpoena at your residence in San Francisco. According to my process server, on several allempts no one answered the door at your home. In one instance, an individual named “Mr. Chung” answered the door and stated thal he had never heard of you. T understand that you have provided a great deal of information about Mr. Actis and Ms. Knott to Robert B. Mitchell, attorney for the Mitchell family. Your deposition testimony will be very helpful in resolving Mr. Actis’ estate. Accordingly, please contact me upon receipt of this letter so that we can agree on a mutually convenient date to take your deposition. Enclosed tind a copy of a subpoena if you are willing to accept service. T look forward to hearing from you. Very truly yours, G, KING & FISHLEDER Gdorge Kin GK:ag cc: Robert B. Mitchell, Esq._ _ 982(a)(15.4) [ATTORNEY OR PARTY WITHOUT ATTORNEY (vame, State ber, and address): FOR COURT USE ONLY |_ GEORGE KING G SBN pee, [~ MICHAEL G. ZATKIN (SBN 209494) KING, KING & FISHLEDER 555 12th Street, Suite 1440 Oakland, CA 94607 TevepHone no. (510) 844-3400 FAXNO. (Optionay: (510) 444-3401 E-MAIL ADDRESS (Optonay: george(@kkflaw.net ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco strectappecss: 400 McAllister Street MAILING ADDRESS ciyanpziecope San Francisco, CA 94102 BRANCH NAME PETITIONER: CAROL MITCHELL RESPONDENT: EVA V. KNOTT DEPOSITION SUBPOENA CASE HUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS PTR-05-287341 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): DERICK C. LUU, 2451 17th Avenue, San Francisco, California 4. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: February 20, 2007 Time: 10:00 a.m. Address: 555 12th Street, Suite 1440 Oakland, CA_94607 a. L__] As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.220(a)(6)). b. You are ordered to produce the documents and things described in item 3. c. [9¢] This deposition will be recorded stenographically [__] through the instant visual display of testimony, andby [ ] audiotape [7_] videotape d. [__] This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1580(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: Sce ATTACHMENT 3 hereto (x_] Continued on Attachment 3. 4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: {___] Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEOURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS, 6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; tater they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways, The money must be paid, af the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THiS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMA‘ SULTING FROM YOUR FAILURE TO OBEY. Date issued: January 17, 2007 > GEORGE KING (SBN 028951) (TYPE OR PRINT NAME) 1 IGNATURE OF PERSOMISSUING SUBPOENA) Attorneys for Respondent, BV. KNOTT (TMLE) (Proof of service on reverse) Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE §§ 2020 610 Deane eet eas(t5 4 Rew daly 2005} AND PRODUCTION OF DOCUMENTS AND THINGS Sol patignis © “en Ge ete as[. PLAINTIFFPETITIONER: CAROL MITSVTELL NUMBER, /R-05-287341 DEFENDANT/RESPONDENT: EVA V. KNOTT PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check ane): (2) 7} were not paid. (3) [__] were tendered to the witness's Public entity employer as required by Government Code section 68097.2. The amount f. Fee for service:. 2. Ireceived this subpoena for service on (date): 3. Person serving: a. [___] Nota registered California process server. b, [__] California sheriff or marshal. , L_"] Registered California process server. . [| Employee or independent contractor of a registered California process server. . [__] Exempt from registration under Business and Professions Code section 22350(b). |__|] Registered professional photocopier. . (“] Exempt from registration under Business and Professions Code section 22451. Name, address, telephone number, and, if applicable, county of registration and number: san-gacg (For California sheriff or marshal use only) I declare under penally of perjury under the laws of the State of I certify that the foregoing is true and correct. California that the foregoing is true and correct. Date: Date: {SIGHATURF) (SIGNATURE) 1982(6)(15.4) [Rey. July 1, 2005] PROOF OF SERVICE DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Page two ANC PRODUCTION OF DOCUMENTS AND THINGSACTIS, CHARLES San Francisco County Superior Court Case Nos.: PTR-05-287341 PES-05-287457 ATTACHMENT 3 TO DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. Any and all documents which in any relate to Charles Actis, including, but not limited to, notes, letters, memorandums, telephone messages, e-mails, pleadings, depositions, video tapes, audio tapes, reports, checks, bank records, ete. 2. Any and all documents which in any way relate to Eva Knott, including, but not limited to, notes, letters, memorandums, telephone messages, e-mails, pleadings, depositions, video tapes, audio tapes, reports, checks, bank records, etc.PROOF OF SERVICE Re: in Re Revocable Living Trust Agreement of Charles Actis San Francisco County Superior Court Case No. PTR-05-287341 San Francisco County Superior Court Case No. PES-05-287457 Robert B. Mitchell, Esq. Spellman & Mitchell 1850 Mt. Diablo Blvd., Suite 670 Walnut Creek, CA 94596-4407 Telephone: (925) 938-5880 Facsimile: (925) 938-5880 Ernest F. Der, Esq. Skootsky & Der LLP 90 New Montgomery Street, Suite 905 San Francisco, CA 94105 ‘Telephone: (415) 979-9800 Facsimile: (415) 979-9821 Caroline K. Hinshaw, Esq. Bryan* Hinshaw 425 California Street, Suite 900 San Francisco, CA 94104 ‘lelephone: (415) 296-0800 Facsimile: (415) 296- 0812 PROOF OF SERVICEEXHIBIT “B”43/85/2887 86:34 9259385882 SPELLMAN & MITCHE? | PAGE 61 SPELLMAN & MITCHELL ATTORNEYS AT LAW £850 MT. DIABLO BLVD., SUITE 670 DEAN . SPELLMAN WALNUT CREEK, CALIFORNIA 94596-4407 (925) 938-5880 ROBERT B. MITCHELL Fax (925) 938-5882 E-Mail: SPMILAW@SBCGLOBAL.NET March 5, 2007 KING, KING & FISHLEDER Attn: Michael G. Zatkin 555 Twelfth Street, Ste. 1440 Oakland, CA 94607-4046 VIA FAX (510) 444-3401 - NO HARD COPY TO FOLLOW Re: Mitchell v. Knott Case No. PTR-05-287341 Dear Mr. Zatkin: Following up on my letter to you of March 3", please be advised that Mr. Luu has requested that | not pass along his telephone number to you. However, be advised that Mr. Luu did receive your letter that his deposition on March 8" has been dropped. He recognizes that he is not to appear that date. BERT B. MITCHELL RBM:mm ce: Derick Luu via email