On May 04, 2005 a
Motion-Secondary
was filed
involving a dispute between
Ccsf Adult Protective Services,
Dolch, Debra J.,
Ferrero, Jr., Marco,
Ferrero, Natalie,
Ferrero, Nicholas,
Knott, Eva,
Mitchell, Carol,
and
Knott, Eva,
for TRUST (PETITION TO DETERMINE VALIDITY OF PURPORTED WILL)
in the District Court of San Francisco County.
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IOUT
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Dec-21-2006 1:56 pm
Case Number: PTR-05-287341
Filing Date: Dec-21-2006 1:56
Juke Box: 001 Image: 01631248
DECLARATION
IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC
001P01631248
Instructions:
Please place this sheet on top of the document to be scanned. : AGeo 2a Dn UW ®F WwW DN
MRM M MY YN NY NY NY NY FP FP BP BP FP Be Be BP Be
owt aAn & WN FP Ow ON AH FW KH BP OO
SPELLMAN & MITCHELL
DEAN M. SPELLMAN, #060042
ROBERT B. MITCHELL, #074795
1850 Mt. Diablo Bivd., Ste. 670
Watnut Creek, California 94596-4407
Telephone: (925) 938-5880
Attorney for CAROL MITCHELL
5
FILED
DEC 21 2006
or cea Clerk
f Dtuty Clon
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 V. KNOTT, Trustee and Beneficia
under the REVOCABLE LIVING TRUS
AGREEMENT OF CHARLES ACTIS
DATED 11/2/04, NICHOLAS FERRERO,
a minor and a will and trust beneficiary
and NATALIE FERRERO, a minor anda
will and trust beneficiary,
Respondents.
ESTATE OF:
CHARLES ACTIS
Decedent
CAROL MITCHELL
Contestant,
vs.
EVA KNOTT,
Respondent,
Case Number PTR-05-287341
Case Number PES 05-287457
DECLARATION OF ROBERT B.
MITCHELL IN SUPPORT OF MOTION
TO CONSOLIDATE ACTIONS
Date: January 24, 2007
Time: 9:30 a.m.
Location: Room 301
Judge: Presiding
Date Action Filed: May 4, 2005
June 2, 2005
Tria! Date: April 9, 2007
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION TO CONSOLIDATE ACTIONS:1
2
3
4
5
6
7
8
9
NN Ny N NY NN NY N BP BP BR Be BP BP BP Bw ep
oO TA HO BF WH FP Dob Oa DH B® WHE OO
|, ROBERT B. MITCHELL, declare:
1. | am an attorney at law duly admitted to practice before all of the courts of
Cafifornia and I am one of the attorneys of record herein for Carol Mitchell.
2. That this declaration is made in support of Petitioner/Contestant’s Motion
to Consolidate Actions.
Probate Court Direction As to Where To File This Motion
3. Following the assignment of these two (2) cases from the Probate
department to the master calendar for trial, pursuant to earlier indications from the
Probate department, | contacted the Probate department requesting an order
consolidating these two (2) actions.
4. That in response thereto, | was advised by the Probate department that
this motion should be made before the master calendar judge since the case had been
assigned to that department.
Grounds For Consolidation
5. That the substantive parties in both actions are identical in that Carol
Mitchell is the Petitioner and Contestant and Eva Knott is the Respondent in both
actions. Debra Dotch as successor trustee to the trust and special administrator to the
subject will as taken no active role in these two (2) actions. That the minor children,
represented by guardian ad litem has also taken no active role in these actions since it
was stipulated without prejudice by and between Mitchell and Knott that said minors
receive funds bequeathed to them regardless of the outcome of these actions.
6. That both actions arise from the attempted testamentary disposition of
decedent, Charles Actis. The “41" case (last two digits) involves the execution of a trust
by Charles Actis on November 2, 2004. The “57 case number involves the execution
of Charles Actis’ pour over will of that same date and well as his previous will of August
16, 2004, The two wills of the decedent are identical for all practical purposes.
7. That the issues involved in both cases involve the testamentary capacity
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION TO CONSOLIDATE ACTIONS:eo OB TD OO Bw WY HY
NN NY NN NN KN NY BH BH BH BP Pe Be Pe Pe Be
oy AO 8B WH PF BYE DA DoH B® wo DPhP SD
C C
of the decedent, Charles Actis, in that it is contended as to all testamentary instruments
that Mr. Actis was mentally incompetent and/or was unduly influenced at the time of
execution of all of the subject instruments.
8. That as to both cases, the identical issues of law and fact exist and the
consolidation of both of these actions would avoid delay since the same witnesses will
be called to testify and the testimony of all witnesses would only be repeated if the
actions were to be tried separately.
! declare under penalty of perjury under the laws of he State of California that the
foregoing is true and correct and that this declaration was executed on December 15,
2006, in Walnut Creek, California.
ROBERT B. MITCHELL, attorney for Carol
Mitchell, Petitioner/Contestant
DECLARATION OF ROBERT B. MITCHELL IN SUPPORT
OF MOTION TO CONSOLIDATE ACTIONS:
Document Filed Date
December 21, 2006
Case Filing Date
May 04, 2005
Category
TRUST (PETITION TO DETERMINE VALIDITY OF PURPORTED WILL)
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IOUT San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Dec-21-2006 1:56 pm Case Number: PTR-05-287341 Filing Date: Dec-21-2006 1:56 Juke Box: 001 Image: 01631248 DECLARATION IN THE MATTER OF IN RE REVOCABLE LIVING TRUST AGREEMENT OF CHARLES AC 001P01631248 Instructions: Please place this sheet on top of the document to be scanned. : AGeo 2a Dn UW ®F WwW DN MRM M MY YN NY NY NY NY FP FP BP BP FP Be Be BP Be owt aAn & WN FP Ow ON AH FW KH BP OO SPELLMAN & MITCHELL DEAN M. SPELLMAN, #060042 ROBERT B. MITCHELL, #074795 1850 Mt. Diablo Bivd., Ste. 670 Watnut Creek, California 94596-4407 Telephone: (925) 938-5880 Attorney for CAROL MITCHELL 5 FILED DEC 21 2006 or cea Clerk f Dtuty Clon 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 V. KNOTT, Trustee and Beneficia under the REVOCABLE LIVING TRUS AGREEMENT OF CHARLES ACTIS DATED 11/2/04, NICHOLAS FERRERO, a minor and a will and trust beneficiary and NATALIE FERRERO, a minor anda will and trust beneficiary, Respondents. ESTATE OF: CHARLES ACTIS Decedent CAROL MITCHELL Contestant, vs. EVA KNOTT, Respondent, Case Number PTR-05-287341 Case Number PES 05-287457 DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS Date: January 24, 2007 Time: 9:30 a.m. Location: Room 301 Judge: Presiding Date Action Filed: May 4, 2005 June 2, 2005 Tria! Date: April 9, 2007 DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS:1 2 3 4 5 6 7 8 9 NN Ny N NY NN NY N BP BP BR Be BP BP BP Bw ep oO TA HO BF WH FP Dob Oa DH B® WHE OO |, ROBERT B. MITCHELL, declare: 1. | am an attorney at law duly admitted to practice before all of the courts of Cafifornia and I am one of the attorneys of record herein for Carol Mitchell. 2. That this declaration is made in support of Petitioner/Contestant’s Motion to Consolidate Actions. Probate Court Direction As to Where To File This Motion 3. Following the assignment of these two (2) cases from the Probate department to the master calendar for trial, pursuant to earlier indications from the Probate department, | contacted the Probate department requesting an order consolidating these two (2) actions. 4. That in response thereto, | was advised by the Probate department that this motion should be made before the master calendar judge since the case had been assigned to that department. Grounds For Consolidation 5. That the substantive parties in both actions are identical in that Carol Mitchell is the Petitioner and Contestant and Eva Knott is the Respondent in both actions. Debra Dotch as successor trustee to the trust and special administrator to the subject will as taken no active role in these two (2) actions. That the minor children, represented by guardian ad litem has also taken no active role in these actions since it was stipulated without prejudice by and between Mitchell and Knott that said minors receive funds bequeathed to them regardless of the outcome of these actions. 6. That both actions arise from the attempted testamentary disposition of decedent, Charles Actis. The “41" case (last two digits) involves the execution of a trust by Charles Actis on November 2, 2004. The “57 case number involves the execution of Charles Actis’ pour over will of that same date and well as his previous will of August 16, 2004, The two wills of the decedent are identical for all practical purposes. 7. That the issues involved in both cases involve the testamentary capacity DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS:eo OB TD OO Bw WY HY NN NY NN NN KN NY BH BH BH BP Pe Be Pe Pe Be oy AO 8B WH PF BYE DA DoH B® wo DPhP SD C C of the decedent, Charles Actis, in that it is contended as to all testamentary instruments that Mr. Actis was mentally incompetent and/or was unduly influenced at the time of execution of all of the subject instruments. 8. That as to both cases, the identical issues of law and fact exist and the consolidation of both of these actions would avoid delay since the same witnesses will be called to testify and the testimony of all witnesses would only be repeated if the actions were to be tried separately. ! declare under penalty of perjury under the laws of he State of California that the foregoing is true and correct and that this declaration was executed on December 15, 2006, in Walnut Creek, California. ROBERT B. MITCHELL, attorney for Carol Mitchell, Petitioner/Contestant DECLARATION OF ROBERT B. MITCHELL IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS: