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1 KEVIN SINGER
SUPERIOR COURT REFEREE
10/23/2020
2 RECEIVERSHIP SPECIALISTS
980 9th Street, 16th Floor
3 Sacramento, California 95814
Telephone: (916) 449-9655
4 Facsimile: (916) 446-7104
E-mail: Kevin@ReceivershipSpecialists.com
5
Property APNs:
6 026-090-012, 026-100-019, 026-100-021
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF PLACER
10
DORIS YIN MEI WONG-SING, GODFREY ) Case No.: SCV0039754
11 LEUNG, CONSUELO TYCANGCO TSE, )
as Trustee of the Tse Family Trust dated ) SUPERIOR COURT REFEREE’S
12 May 18, 2000 and PRISCILLA ) REPORT FOR SEPTEMBER 2020 AND
TYCANGCO ENRILE LAO, individually ) NOTICE OF INTENT TO PAY
13 and as Trustee of the Priscilla Tycangco ) REFEREE’S FEES AND EXPENSES
Enrile Lao Trust U.D.T. dated November 28, )
14 2005, ) Commissioner: Michael Jacques
) Dept.: 40
15 Plaintiffs, )
) Court: Placer County Superior Court
16 v. ) 10820 Justice Center Drive
) Roseville, California 95678
17 FUNG MAN SHEUNG AMY, KAI FUNG )
MAN and KAI PUI MAN JUDITH as the )
18 heirs of C. K. KAI, also known as KAI )
CHUEN KAM, deceased, and all persons )
19 unknown claiming an interest in the property )
named as Does 1 - 10, inclusive, )
20 )
Defendants. )
21 )
22
23
24
25
26
27
28
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REFEREE’S REPORT 026
RECEIVERSHIP SPECIALISTS
STATE AND U.S. FEDERAL COURT RECEIVERS/REFEREES/TRUSTEES
Corporate Headquarters
Los Angeles
11500 W. Olympic Blvd.
Suite 530
SUPERIOR COURT REFEREE’S REPORT FOR SEPTEMBER 2020 AND Los Angeles, CA 90064
NOTICE OF INTENT TO PAY REFEREE’S FEES AND EXPENSES Tel:(310) 552-9064
Fax: (310) 552-9066
San Francisco
795 Folsom Street
Presented By: Kevin Singer, Superior Court Referee 1st Floor
San Francisco, CA 94107
Tel:(415) 848-2984
Fax: (415) 848-2301
San Diego
4660 La Jolla Village Drive
Suite 100
San Diego, CA 92122
Tel:(858) 546-4815
DORIS YIN MEI WONG-SING, ET AL. Fax: (858) 646-3097
Plaintiffs Ventura/Santa Barbara
1500 Palma Drive
2nd Floor
v. Ventura, CA 93003
Tel:(805) 267-1283
Fax: (805) 654-0080
FUNG MAN SHEUNG AMY, ET AL.
Sacramento
Defendants 980 9th Street
16th Floor
Sacramento, CA 95814
Tel:(916) 449-9655
Fax: (916) 446-7104
Las Vegas
7251 W. Lake Mead Blvd.
Suite 300
Las Vegas, NV 89128
Placer County Superior Court Case No. SCV0039754 Tel:(702) 562-4230
Fax: (702) 562-4001
Superior Court Commissioner: Hon. Michael C. Jacques
Reno
200 S. Virginia Street
Suite 800
Reno, NV 89501
Tel:(775) 398-3103
Fax: (775) 686-2401
Real Property APNs:
Phoenix
026-090-012, 026-100-019, 026-100-021 2 N. Central Avenue
Suite 1800
Phoenix, AZ 85004
Page 2 Tel:(602) 343-1889
Fax: (602) 343-1801
____________________________________________________________________________________________________________________________________
REFEREE’S REPORT 026
October 23, 2020
Dear Vested Parties:
On September 10, 2018, the Court, the Honorable Michael C. Jacques
presiding entered an Interlocutory Judgment Granting Partition by Sale and
Appointing Court Referee for Partition Sale of Real Property (the “Appointing
Order”). Pursuant to the Appointing Order, I, Kevin Singer, was appointed as
referee (“Referee”) pursuant to California Code of Civil Procedure
Section 873.010 to manage and partition by sale the undeveloped parcels of land
located in Placer County, commonly known as Assessor’s Parcels Nos. 026-090-
012 (“Parcel 012”), 026-100-019 (“Parcel 019”), and 026-100-021 (“Parcel 021”),
and legally defined as:
The land described herein is situated in the State of California,
County of Placer, unincorporated area, described as follows:
Parcel One:
That portion of Section 15, Township 13 North, Range 7 East,
M.D.M., included within the land shown and designated as
Parcel C and Parcel D on Parcel Map No. P72994, filed for record
in the office of the Placer County Recorder on July 15, 1980 in
Book 16 of Parcel Maps at Page 137, Placer County Records.
Excepting therefrom all oil, gas and other hydrocarbons and
minerals as reserved by Capital Company, a corporation, et al, in
the deed dated March 26, 1942 and recorded July 9, 1942 in
Book 427, Official Records, Page 269.
Parcel Two:
A non-exclusive easement for roadway, drainage and public utility
purposes over, under and across the land shown and designated as
Areas “J” and “K” of Parcel Map No. P72994, filed for record in
the office of the Placer County Recorder on July 15, 1980 in
Book 16 of Parcel Maps at Page 137, Placer County Records.
Excepting therefrom all that portion thereof lying within
Parcel One described herein.
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REFEREE’S REPORT 026
Parcel Three:
A non-exclusive easement for roadway, drainage and public utility
purposes over, under and across the land shown and designated as
Area “J” of Waiver of Parcel Map No. 72408 W, recorded in the
office of the Placer County Recorder on February 23, 1978 in
Book 1944, Official Records, Page 161.
Excepting therefrom that portion thereof lying within Parcel One
described herein.
APN: 026-090-012,·026-100-019 (Parcel C)
026-090-021 (Parcel D)
(collectively, the “Property”). Parcel 012, Parcel 019, and Parcel 021 are referred
to herein individually as a “Parcel” and collectively as the “Parcels.”
According to the Appointing Order, there are no liens or encumbrances on
the Property appearing of record or otherwise known to the Parties (defined
below) or apparent from an inspection of the Property and the Property is owned
by plaintiffs and defendants as tenants in common. More specifically, ownership
of the Property is as follows:
▪ Plaintiff Doris Yin Mei Wong-Sing (“Wong-Sing”) is the owner of
an undivided 7.8125% interest in the Property;
▪ Plaintiff Godfrey Leung (“Leung”) is the owner of an undivided
7.8125% interest in the Property;
▪ Plaintiff Consuelo Tycangco Tse, as Trustee of the Tse Family
Trust dated May 18, 2000 (“Tse Trust”), is the owner of an
undivided 25% interest in the Property;
▪ Plaintiff Priscilla Tycangco Enrile Lao, as Trustee of the Priscilla
Tycangco Enrile Lao Trust U.D.T. dated November 28, 2005,
(“Lao Trust”) is the owner of an undivided 21.875% interest in the
Property;
▪ Plaintiff Priscilla Tycangco Enrile Lao, as an individual, (“Lao”) is
the owner of an undivided 21.87 5% interest in the Property; and
▪ C. K. Kai, also known as Kai Chuen Kam, having been the owner
of an undivided 15.625% interest in the Property and having died
on August 12, 2014, leaving as heirs surviving him, his widow,
defendant Fung Man Sheung Amy (“Amy”) and two adult
children, defendant Kai Fung Man (“Man”) and defendant Kai Pui
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REFEREE’S REPORT 026
Man Judith (“Judith”), are now the owners of an undivided
15.625% interest in the Property.
Owner Interest
Wong-Sing 7.8125 %
Leung 7.8125 %
Tse Trust 25.0000 %
Lao Trust 21.8750 %
Lao 21.8750 %
Amy, Man & Judith 15.6250 %
Total 100.0000 %f
Plaintiffs Wong-Sing, Leung, Tse Trust, Lao Trust, and Lao are referred to
herein individually as a “Plaintiff” and collectively as “Plaintiffs.” Defendants
Amy, Man, and Judith are referred to herein individually as a “Defendant” and
collectively as “Defendants.” Defaults have been entered against all Defendants.
Plaintiffs and Defendants are referred to herein individually as a “Party” and
collectively as the “Parties.”
The following summarizes what has transpired since I assumed my role as
Referee in this matter through the end of September 2020:
September 2018 Activity:
➢ 9/14/2018 In preparation for the eventual sale of the Property, I
researched and obtained Property Detail Reports (the
“Detail Reports”) from First American Title Company
(“First American”) for each of the Parcels. In general, the
Detail Reports provide various information, including but
not limited to, ownership information, location information,
last transfer/conveyance – current owner information, last
market sale information, prior sale information, property
characteristics, site information, tax information, sales
comparables, a foreclosure report, an assessor’s map, and
related deeds.
➢ 9/18/2018 Pursuant to the Appointing Order, I posted my bond and
filed and served my Oath of Referee.
➢ 9/18/2018 We logged into the Placer County Treasurer/Tax
Collector’s (“Placer County”) website and pulled the 2018–
2019 Placer County property tax bills for the each of the
Parcels as well as copies of the respective Tax, Assessment
Info, and Tax Code Info tabs from the Placer County
website. First and second installments for the 2018–2019
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REFEREE’S REPORT 026
taxes for each of the Parcels are due December 10, 2018,
and April 10, 2019, respectively.
➢ 9/18/2018 We obtained a property map and surveyor’s map with
boundaries for the Property so that itmay more easily be
identified.
➢ 9/18/2018 Pursuant to Item 19 of the Appointing Order, I am to
maintain adequate insurance over the Property. We were
advised that there is no insurance on the Property. As the
Property is undeveloped, we will have the Property added
to our master insurance policy for liability coverage only.
➢ 9/18/2018 Phillip Maddux, Esq. (“Maddux”) of Reynolds Maddux
Woodward LLP, counsel for Plaintiffs, advised us that he
had requested Robert Floodman (“Floodman”), a realtor
with Nick Sadek Sotheby’s International Realty, prepare an
informal market analysis of the Property. According to
Maddux, Floodman is a well-known Placer County realtor.
➢ 9/20/2018 We contacted Floodman and he forwarded us the
Comparative Market Analysis Report (“CMA”) he prepared
as of April 23, 2018. Floodman orally provided us a
Broker’s Opinion of Value (“BOV”) for each of the
Parcels. Floodman valued Parcel 012 and Parcel 019 at
$250,000 each (more or less the equivalent of $12,500 per
acre) and Parcel 021 at $350,000 (more or less the
equivalent of $8,750 per acre). Following is a summary of
the Parcels based upon the information provided by
Floodman:
APN Parcel 012 Parcel 019 Parcel 021
Square Footage 792,792 953,964 1,777,248
Acreage 18.2 21.9 40.8
Price per Acre $13,736 $11,415 $8,578
BOV $250,000 $250,000 $350,000
We anticipate engaging Floodman to list, market,
and sell the Property.
➢ 9/20/2018 In order to make the Property marketable, Floodman and I
believe we will have to guarantee a water well on each
Parcel as a condition of sale. Currently, none of the Parcels
have a water well on them. Consequently, we will obtain
quotes, estimates, and conceptual locations for where the
wells may be constructed. In addition, we will be
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REFEREE’S REPORT 026
contacting a land surveyor to evaluate identifying Property
boundaries for each of the Parcels. This, too, should help
improve the marketability of the Parcels. Once completed,
I will prepare, file, and serve a report with recommending
my proposed method of sale for the Property.
➢ 9/26/2018 I prepared a letter to Maddux (the “Introduction Letter”)
together with a copy of the Appointing Order. In the
Introduction Letter, I introduced myself, detailed the
process by which I intend to market and partition by sale
the Property, and explained the process by which proceeds
from the sale of the Property will be distributed.
October 2018 Activity:
➢ 10/30/2018 My Senior Project Manager for this matter, Richard
Marquis (“Marquis”), visited the Property. Marquis met
with two different well drilling companies, Diamond Well
Drilling Co. (“Diamond”) and Gary C. Tanko Well
Drilling, Inc. (“Tanko”), so that they could evaluate the
terrain and prepare quotes to drill wells. While two of the
Parcels (Parcel 012 and Parcel 019) fall under the water
authority of the Nevada Irrigation District (the “NID”),1
there is currently no water available to be provided. We
anticipate receiving written quotes in November 2018.
While there, Marquis photographed the Property.
➢ Various We requested Andregg Psomas, a land surveying company,
provide us pricing to have a surveyor mark boundaries for
the Property. We anticipate receiving the quote in early
November 2018.
➢ Late 10/2018 Andregg Psomas provided us additional photos of the land.
➢ 10/31/2018 Pursuant to Item 19 of the Appointing Order, I am to
maintain adequate insurance over the Property. We were
1
The NID is a diversified water resource district that supplies both treated
drinking water and irrigation water to nearly 25,000 homes, farms, and businesses
in Nevada and Placer counties in the foothills of Northern California’s Sierra
Nevada Mountains. The NID collects water from the mountain snowpack and
stores it in an extensive system of ten reservoirs. As water flows to customers in
the foothills, it is used to generate clean hydroelectric energy and to provide
public recreational opportunities. The NID is an independent California special
district governed by an elected board.
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REFEREE’S REPORT 026
advised that there is no insurance on the Property. As the
Property is undeveloped, we have begun the process of
having the Property added to my master insurance policy
for liability coverage only.
November 2018 Activity:
➢ 11/1/2018 We received a draft Well Drilling Agreement from Tanko
breaking down the costs to drill wells at the Property.
➢ 11/8/2018 Pursuant to our request, Andregg Psomas (“Psomas”), a
land surveying company we engaged, provided us a quote
to have a surveyor mark boundaries for the Property. The
markers would permit prospective buyers to visually
observe the boundaries of the Parcels.
➢ 11/2018 We are scheduling a meeting with Floodman to visit the
Property in December 2018 so that he may complete his
BOV and establish a recommended listing price.
➢ 11/20/2018 Floodman provided us a title map from Placer Title Co.
(“Placer Title”) depicting easements to, from, and across
the Property for the benefit of both the Property and the
adjacent properties as well as an easement over Parcel C to
Parcel D.
➢ 11/20/2018 Floodman pulled a preliminary title report from Placer Title
for Parcel C and provided it to us.
➢ 11/21/2018 Floodman subsequently pulled a preliminary title report
from Placer Title for Parcel D and provided it to us.
➢ 11/21/2018 Upon review of the two preliminary title reports, we
confirmed that while there are three APNs associated with
the Property, there are only two legal parcels.
➢ 11/2018 In December 2018, we will be meeting with the one or both
of the drillers to obtain prospective locations for the water
wells.
December 2018 Activity:
➢ 12/20/2018 Marquis conducted another site visit to the Property. While
there, Marquis met with Floodman to assist him in his
preparations of a revised BOV and establishing a listing
price. We also made preliminary efforts to confirm the
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boundaries of the two parcels. Based upon this visit, our
next step will be to return to Psomas in an effort to
negotiate a lower price to identify the boundaries of the
Property. Psomas previously estimated that the cost would
approximate $7,000 (in prior reports, this figure was
inadvertently stated as $5,000). We believe it will be
extremely helpful to clearly define the boundaries of the
Property to improve our marketing efforts given the
irregular topography and size of the Property. Once that is
completed, Floodman should be in a better position to
arrive at a revised BOV.
➢ 12/28/2018 Pursuant to our request, Diamond delivered us a quote of
$600 for geoimagery services that would provide us a
marked up aerial photo and written recommendation as to
where Diamond recommends drilling the water wells and
the chances for success. The recommendation will include,
among other things, a stereo pair analysis. It should be
noted that Diamond’s recommendation as to where to drill
and what the chances of success are should not be
construed as a guarantee that water in the quantities or
quality we desire will be found. The only way to know that
for certain is to actually drill the wells.
➢ 12/28/2018 I requested Placer Title record certified copies of the
Appointing Order on the title record to Parcel C (APNs
026-090-012 and 026-100-019) and Parcel D (APN 026-
100-021).
January 2019 Activity:
➢ 1/8/2019 I directed Diamond to proceed with the geoimagery
services. A deliverable is anticipated to be received in
February 2019.
➢ 1/2019 We were unable to negotiate further with Psomas to reduce
the estimate of $7,000 (in prior reports, this figure was
inadvertently stated as $5,000) to determine the land
boundaries of the Property. Therefore, Marquis reached
out to the Parties to ask that they replenish the Referee
account with $7,000 (in prior reports, this figure was
inadvertently stated as $5,000) to cover the land survey.
We anticipate that the Parties will advance the funds to hire
Psomas in February 2019.
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REFEREE’S REPORT 026
February 2019 Activity:
➢ 2/13/2019 We directed Diamond to proceed with its geoimagery
services. Diamond delivered to us its report and
accompanying geoimages. Diamond reported his analysis
as follows:
A look at Figure 1, part of the Smartsville
Plate of the California Bureau of Mines and
Geology surface Geology map shows the position
of the subject property (lower right hand corner)
relative to the Auburn Shear Zone, which is a series
of in-echelon faults and some transverse faults
dating from the tectonic activity that played a key
role in the Sierra orogeny. Since the area of this
property is in what we drillers call hard rock
geology anything that indicates activity that broke
up the rock millions of years ago holds the
possibility of holding water. This is what we
drillers look for, cracks in the rock that we call
“fractures.” These hold the possibility of storing
water. A well that hits one of these is a good well,
one that does not is a dry hole. In these hard rock
environments there is no water table as such.
In looking at stereo aerial photos we look for
faults, fracture traces, and “slump structures” that
hold the possibility of broken rock. We then look
for recharge sources, basin areas with obvious
capabilities of holding water in underlying
formations, rivers, streams, or bodies of water that
hold the possibility of feeding the fractures.
A “slump structure” is an ancient landslide,
a place where a hill or a mountain with the help of
gravity or tectonic movement allowed part of its
structure to slip and settle at a lower elevation.
Such structures have a slippage plane where the
formation on top of the plane is more fractured than
that below it and, therefore, more likely to hold
water.
That is what our geologist has identified
here and portrayed in the 3D photos. Unfortunately,
the subject property is to the east of the shear zone
and is not as likely to be “broken up” to the same
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REFEREE’S REPORT 026
extent as the formation under the land where the
shear zone is. (Look at what the geologist identifies
as the “fault zone” Figures 2 and 3.) This does not
mean that there are not fractures influenced by the
tectonic activity of the shear zone.
Our geologist has identified a couple of
slump structure “breaks” that cut across southwest/
northeast all three parcels. Looking at Figure 2
which views north and shows the western face of
the three parcels, notice the orange lines. Here is
what he is identifying as the zones that are most
likely to be fractured as a result of the “slump.”
These are actually two different slumps. The
yellow lines are the approximate property lines.
Figure 3 looks south and most clearly shows the
slump structure activity. One can see the fault zone
to the west (left in Figure 2).
As a “recharge” sources our geologists
identifies the irrigation ditch that circumscribes the
property. Though supposedly sealed with gunnite,
the ditches leak prodigiously and in doing so feed
the fractures that they over lay.
In putting forward these analyses, our
geologist says that getting bountiful water on the
parcels is unlikely.
1. The subject properties are outside the
fault zone; and
2. The recharge source is not a plentiful
one.
Nevertheless, the geologist has set out the
most propitious sites to drill on the three properties
based on the “slump structure” strategy that I have
described.
As far as a drilling strategy is concerned the
geologist recommends going to at least 350’ bgs.
The ditch is approximately 250’ below the drill sites
and one needs to at least get below that in order to
play out the ditch recharge theory. Thereafter there
is still a possibility of picking up water in echelon
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REFEREE’S REPORT 026
or transverse fault activity from the shear zone. To
play this out one would have to go to 800’ or 900’.
Here one would rely on what the driller would find
as he drilled. We say “read the activity.” The
geologist likes site #1 the best, the one on parcel 12.
The break is obvious here. If this well is
unsuccessful then the prospects for getting water on
the other sites diminishes. This then should be the