Preview
Andrew J. Wie; sq., (SBN 075204)
G. Ryan Patric! q., (SBN 275517) Electronically
WIEGEL LAW GROUP, PLC
414 Gough Street by Superior Court of California,
County of San Mateo
San Francisco, CA 94102-4464 ON 9/23/2020
(415) 552-8230
andrew@wiepellaweroup.com
ryan@wiegellawgroup.com
6
Attorneys for Defendant/Cre Jefendant:
ERNEST J. MCNABB, Individually and as
8
‘Trustee of the ERNEST J. MCNABB REVOCABLE
LIVING TRUST DATED 11/19/1990
9
SUPERIOR COURT OF CALIFORNIA
10
11 COUNTY OF SAN MATEO
12
13 PENINSULA OPEN SPACE TRUST, Case No, 20-CIV-02349
14 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
1 .5 SUPPORT OF DEMURRER TO CROSS-
YS.
COMPLAINT FILED BY LAURA
16 REDWOOD TRUST DEED SERVICES, ARATA
INC., a California Corporation; ERNEST
Le
J. MCNABB, individually and as Trustee
of the Ernest J. McNabb Revocable Date: November 17, 2020
18 Time: 1:30 P.M.
Living Trust Dated 11/19/1990; LOUIS
J, ARATA, individually; LAURA. Dept.: 4, Courtroom 8B
19
ARATA, individually, as the Co- Hon. Nancy L, Fineman
20 Executor and Representative of the
Estate of Gary J. Arata, Deceased, and as
21 sole successor trustee of the John and
Grace Arata 2004 Trust Executed August
22 11, 2004; and DOES 1-20.
23 Defendants.
24
.
2 5:
26
27
28
CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE
=x
a _—
LAURA J, ARATA, as sole and
suc essor trustee of the John and Gr
Arata 2004 Trust, dated August 11, 2004
4
Cross Complainant,
YS.
6 ERNEST J. MCNABB, individually and
as Trustee of the Ernest J. MeNABB
Revocable Living Trust dated
11/19/1990; REDWOOD TRUST DEED
:
8 SERVICES, INC., a Califo Ma
C ‘poration; HILLCREST REAL,
9 ESTATE INC., A California
Corporation; WILLIAM JACOB
10 MAIER; and ROES 1-50, inclusive
11 Cross-Defendants.
12 —
13
14
TO THE COURT, CROSS-COMPLAINANT, AND HER ATTORNEYS OF RECORD;
15
16
PLEASE TAKE NOTICE: On, Nov.
Ne 2" , at 1:30 p.m., in Dept. 4, Courtroom
8B, of the San Mateo County Superior Court, located at 400 County Center, Redwoo
17 d City, CA,
94063 Cross-Defendant Ernest J, McNabb hereby requests the Court to take Judicial
18 Notice
19 pursuant to Evidence Code §§ 451, 452, and 453 in conjunction with Moving Party’s
Demurrer
20 to the Cross-Complaint filed by Laura Arata and Motion for Sanctions Pursuant
to CCP Section
2) 128.7,
22 The Court may take notice of official acts of any state, county or federal legislat
ive,
23 executive or judicial department. (Ev.C. § 452(c); see Fowler v. Howell (1996)
42 CA4th 1746,
24 1750, 50 CR2d 484, 486—court can take judicial notice of records and files of
state
%
2 5
administrative agencies; C.R. v. Tenet Healthcare Corp. (2009) 169 CA4th 1094,
1102, 87 CR3d
26
424, 430-43 1—licenses issued by state agency.)
27
28
CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE
=H.
Moving Party’s request is made with respect to the following documents and matters
stated therein:
| The license information for Peter Carl Foppiano dba ARC Capital from the National
4
Multistate Licensing System/Nationwide Mortgage Licensing System and Registery
(NMLS) and the California Department of Real E S| te. True and Correct copies of Peter
6
Carl Foppiano dba ARC Capital’s licensee records are attached as Exhibit A. These
records are publically available directly from each agency’s website by entering the
Licensee’s id number.
10
11 The license information for William Todd Wilson from the National Multistate Licensing,
12 System/Nationwide Mortgage Licensing System and Registery (NMLS) and the
13 California Department of Real Estate, True and Correct copies of William Todd
14
Wilson’s licensee records are attached as ibit B, These records are publically
18
available directly from each agency’s website by entering the Licensee’s id number.
16
17
The license information for William Jacob Maier from the California Department of Real
18
Estate. True and Correct copies of William Jacob Maier’s licensee records are attached
19
as Exhibit C, These records include the CA Department of Real Estate’s licensee record
20
for William Jacob Maier; A receipt dated May 1, 2014, issued by the CA Dept. of Real
21
Estate to William J. Maier for renewal of his real estate broker’s license; and a copy of
22
the real estate broker’s license issued by the CA Dept. of Real Estate to William J. Maier
23
showing Maier’s broker’s license was valid through May 2, 2018.
24
25
26 4 The First Amended Petition for Removal of Trustee; Surcharge of Trustee; An
27 Accounting; Appointment of Temporary Trustee; and Nomination and Appointment of
28 New Trustee, filed in San Mateo Superior Court Action 19-PRO-01586, Iv the Matter of
CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE,
-3-
John and Grace Arata 2004 Trust (Specifically, Exhibit C attached to the Petition.) A
true and correct copy of this pleading is attached hereto as Ex!
bit D.
4
Dated Zs CAO WIEGEL AW GROW PB, PLC
8
9 By: / i
G. Ryan Patrick, Esq.
10
Attorneys for Defendant/Cross-Defendant:
11 ERNEST J. MCNABB, Individually and as
Trustee of the ERNEST J. MCNABB REVOCABLE
12 LIVING TRUST DATED 11/19/1990
13
14
15
16
17
18
19
20
at
22
23
24
25
26
27
28
CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE
-4-
EXHIBIT A
8/21/2020
Consumer Access Company
himls consumer access
Foppiano, Peter Carl
NMLS ID: 375764 Street Addre: 4-C Healdsburg Ave Phone: 707-433-9143 Websit wew.goldenbearfinancial.net
Healdsburg, CA 95448
Mailing Address: 14-C Healdsburg Avenue Toll-Free Number: Not provided Emait p{97ca@aol.com
Healdsburg, CA 95448 Fax: 707-433-9614
Other Trade Names : Are Capital; Golden Bear Financial
Prior Other Trade Name: None
Prior Legal Name: Golden Bear Financial
Sponsored MLOs : 2
Fiscal Year End: 12/31 Formed in: Not provided Date Formed: Not provided Stock Syinbol: None Business Structure: Sole Proprietorship
Regulatory Actions : None posted in NMLS.
Branch Locations no Brancivtocations in
State Licenses/Registrations (Displaying 2 Active of 2Total)
Regulator LicReg Name Authorized to
Conduct Business Consumer Complaint
California - DRE Real Estate Broker License Endorsement
Yes Submit to Regulator
Lic/Reg #: 01232889 Original Issue Date : 12/28/2010
Status : Approved Status Date: 01/14/2020 Renewed Through : 2020
Other Trade Names used in California - DRE : Are Capital;
Golden Bear Financial
Start Authorized to
End Conduct Business
1/4/2018 Present Yes
1/1/2018 1/3/2018 No
1/4/2017 12/31/2017 Yes
11/2017 1/3/2017 No
2/24/2014 12/31/2016 Yes
1112014 2/23/2014 No
41212013 12/31/2013 Yes
1/30/2013 4/4/2013 No
1/27/2012 1/29/2013 Yes
11112012 1/26/2012 No
12/28/2010 12/31/2014 Yes
View ResidentiRegistered Agent(s) for Service of Process
»
Florida Morlgage Broker License Yes Submit to Regulator
Regulatory Actions While some state and federal ai gericles may add actions taken in previous years against a licensee,
the majonity ate
2012 of later, To view complete Inforratian regarding requlatory actions posted by the agency, cick eny regulator ln Ikadding only new actions from
No regulatory actions have been posted in NMLS,
hitps:/Aww.nmisconsumeraccess.org/EntityDetails.
aspx/COMPANY/375764
a
8/21/2020 Consumer Access - Company
Information made available through NMS Consumer Access® is derived from NMLS (Nationwide Mullistate Licensing System [ Nationwide Mortgage Licensing System and Registry), the
financial services industry's online registration and licensing database. NMLS was creatod by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential
Mortgage Regulators (AARMR) and is owned and operated by the State Regulatory Registry LLG (SRR), a wi jolly owned subsidiary of CSBS. For more information about the System,
the NMLS Resource Center or the NMLS Federal Registry Resoureo Center wabsites, | Download PDF Reader please visit
hitps:/wwav.nmlsconsumeraccess.org/EntityDetails.aspx/COMPANY/375764
212
8/21/2020 hllps:/Awaw2.dre.ca.gov/PublicASP/pplinfo.asp?star=1
STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
In reviewing a licensee’s information, please be aware that license discipline information may have been removed from a licensee's record
pursuant to Business & Professions Code Section 10083.2 (c), However, discipline information may be available
Department of Real Estate upon submittal of a request, or by calling the Department's public information line at from the California
1-877-373-4542.
The license information shown below represents public information, It will not reflect pending licensing changes which are being reviewed for
subsequent updating. Although the business and mailing addresses of real estate licensees are included, this information
is not intended for
mass mailing purposes.
Some historical disciplinary action documents may not be in compliance with certain accessibility functions. For assistance
with these
documents, please contact the Department's Licensing Flaq Section.
License information taken from records of the Department of Real Estate on 8/21/2020 11:04:59 AM
License Type: BROKER
Name: Foppiano, Peter Carl
Mailing Address: 14-C HEALDSBURG AVE
HEALDSBURG, CA 95448
License ID: 01232889
Expiration Date: 01/13/24
License Status: LICENSED *** RESTRICTED ***
MLO License Endorsement: NMLS 1D: 325090 (Click here to check the status of the MLO License Endorsement )
Company
MLO ense Endorsement: 375764 (Click here to check the status of the MLO License Endorsement.)
Salesperson License Issued 01/10/98 (Unofficial -- taken from secondary records)
Broker License Issued: 05/08/00
Former Name(s): NO FORMER NAMES
Main Office: 14-C HEALDSBURG AVE
HEALDSBURG, CA 95448
DBA ARC Capilal
ACTIVE AS OF 10/25/2010
ARC Private Lending
ACTIVE AS OF 01/14/2020
Fenix Really
ACTIVE FROM 05/08/2017 TO 01/15/2020
Golden Bear Financial
ACTIVE AS OF 12/23/2009
Golden Bear Financial
ACTIVE FROM 08/10/2004 TO 11/22/2009
Golden Bear Mortgage
ACTIVE AS OF 12/23/2009
Golden Bear Mortgage
hllps://wwww2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 113
8/21/2020 hilps:/ivaww2.dre.ca.gov/PublicASP/pplinfo.asp?start=1
ACTIVE FROM 07/21/2000 TO 11/22/2009
Realty World
ACTIVE FROM 08/10/2004 TO 10/05/2006
Sonoma County Property Rentals
ACTIVE ROM 03/20/2017 TO 01/15/2020
Branches: 5218 COUNTRY GLUB DRIVE
ROHNERT PARK, CA 94928
Affiliated Licensed Corporation(s): 02037683 - Officer Expiration Date: 01/31/23
Sonoma Counly Property Rentals Inc
OFFICER LICENSE REVOKED AS OF 01/44/20
02050740 - Officer Expiration Date: 01/31/23
Fenix Really Inc.
OFFICER LICENSE REVOKED AS OF 01/14/20
Salespersons: 01701774 - Argueta, Ana L.
License Expiration Date: 07/27/2021
01424570 - Brownlee, Juanita Jacquelyn
License Expiration Date: 08/28/2020
020541714 - Davis, Tammy Lynne
License Expiration Date: 04/10/2022
01035826 - Gammicchia, Frank
License Expiration Date: 03/06/2024
01088460 - Lake, Warren Jean
License Expiration Date: 08/03/2020
01322338 - Wilson, William Todd
License Expiration Date: 11/09/2021
Comment: 04/17/09 - H-10647 SF
11/23/09 - SUSPENDED FOR 30 DAYS
12/23/09 - H-10647 SF RELEASED
02/06/19 - H-12355 SF
01/14/20 - REVOKED-RIGHT TO RESTRICTED LICENSE PER H-12355 SF
NO OTHER PUBLIC COMMENTS
Disciplinary or Formal Action H10647SF_P.paf
Documents:
H12355SF_190206_P.pdf
H12355SF_190226_P.pdf
H12355SF_200107_P.pdf
>>>> Public information request complete <<<<
hitps:/vew2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 on
8/21/2020 hllpsi/mww2.dre.ca.gov/PublicASPipplinfo.asp?start=t
hitps:fwaw2.dre.ca.gov/PublicASP/pplinfo.asp?starl=1 3/3
EXHIBIT -B
8/21/2020 Consumer Access - Individual
Tinks consumer access
William Todd Wilson
NMLS ID: 309743 Phone: 707-799-9665 “ax: Not provided
Other Names : Todd Wilson Prior Other Names : None Prior Legal Names : None
Regulatory Actions : None posted in NMLS.
Employment
Authorized to Represent : Foppano, Peter Carl (375764) Engaged in other businesses : No
Office Locations
Company NMLS ID Type Streat Address Cily Slate Zip Code Start Date
Foppiano, Peter Carl 375764 Main 14-C Healdsburg Ave Healdsburg CA 95448 02/01/2008
State Licenses/Registrations (Displaying 2 Active of 2 Total)
Authorized to
Regulator LiciReg Name Conduct Business Consumer Complaint
California - DRE Real Estate Salesperson License Endorsement Yes Submit to Regulator
Lic#Reg #: 01322338, Original Issue Date : 11/14/2010.
Status : Approved Status Dale: 02/26/2014 Renewed Through : 2020
Currently Authorized to Represent
Company: Foppiano, Peter Garl >
NMLS ID: 375764
Start Date: 02/26/2014
Hide Previously Authorized to Represent
Company: Fopplano, Peter Carl >
NMLS ID: 375764
Start Date:12/30/2010
End Date: 01/01/2014
Authorized
to Temporary
Conduct Authority Begin
Start End Business Date
3/5/2014 Present Yes
4111/2014 3/4/2014 No
12/30/2010 40/2074 Yes
Florida Mortgage Loan Originator License Yes Submit to Regulator
Regulatory Actions. While some state and feder encies ay add actions taken in pre jous years againsta kicens: the ma} ily are adding only naw actions from
2012 or later. To view & information rego 19 Fegulal action posted by the agency, click any regulator lin
No regulatory actions have been posted in NMLS.
Information made available throuigh NMLS Consumer Access®™ is derived from NMLS (Nationwide Multistate Licensing System / Natlonwide Mortgage Licensing System and Registry), the
financial services industry's enline registration and icansing database, NMLS was created by the Gonference of State Bank Supervisors (CSBS) and the American Association of Residential
hitps:/Avwww.nmisconsumeraccess org/EntityDetails.aspx/INDIVIDUAL/309743 12
8/21/2020 Consumer Access - Individual
Mortgage Regulators (AARMR) and is owned and operated by the Slate Regulatory Registry LLC (SRR lolly Gwned subsidiaryof CSBS. For move information about the System, please visit
MLS Resource Center of the NMLS Federal Registry Resource Center ebsites. | Download POF Reader
hUps:/Awwy.nmlsconsumeraccess.org/EntityDetails.aspx/INDIVIDUAL/309743
212
8/21/2020 hilps:/ivaw2.dre.ca.gov/PublicASP/pplinfo.asp?start=4
STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
In reviewing a licensee’s information, please be aware that license discipline information may have been removed from a lice! nsee’s record
pursuant to Busine: s & Professions Code Section 10083.2 (c). However, discipline information may be available from the California
Department of Real Estate upon submittal of a request, or by calling the Department's public information line at 1-877-:
The license information shown below represents public information, 4542,
It will not reflect pending licens’ ing changes which are being reviewed for
subsequent updating, Although the business and mailing addresses of re ‘al estate licensees are included, this information is not intended for
mass mailing purposes.
Some historical disciplinary action documer nts may not be in compliance with certain accessibility functions. For assistance with these
documents, please contact the Department's Licensing Flag Section,
License information taken from records of the Department of Real Estate on 8/21/2020 11:32:44 AM
License Type: SALESPERSON
Name: Wilson, William Todd
Mailing Address: 100 STONY POINT RD
SUITE 260
SANTA ROSA, CA 95401
License ID: 01322338
Expiration Date: 14/09/21
License Status: LICENSED
MLO License Endorsement: NMLS ID: 309743 (Click here to check the status of the MLO License Endorsement )
Salesperson License Issued: 11/10/01
Former Name(s): NO FORMER NAMES
Responsible Broker: License ID: 01232889
Foppiano, Peter Carl
14-C HEALDSBURG AVE
HEALDSBURG, CA 95448
Comment: NO DISCIPLINARY ACTION
NO OTHER PUBLIC COMMENTS
>>>> Public information request complete <<<<
hitps:/Mww2.dre.ca.gov/PublicASP/pplinfo.asp?slart=1
4A
ah
EXHIBIT C
8/21/2020 hilps://www2.dre.ca.goviPublicASPipplinfo.asp?start=1
STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
In reviewing a licensee's information, ple ware that license discipline information may have been removed from a licensee's record
pursuant to Business & Prof ons Cor ‘ction 10083.2 (c). However, discipline information may be available from
Department of Real Estate upon submittal of a request, or by calling the Department's public information line at 1-877-the California
542,
The license information shown below represents public information, It will not reflect pending licensing changes which are
being reviewed for
subsequent updating. Although the business and mailing addresses of real estate licensees are included, this information is not intended for
mass mailing purposes.
Some historical disciplinary action documents may not be in compliance with certain accessibility functions. For assistance with these
documents, please contact the Department's Licensing Flag Section.
License information taken from records of the Department of Real Estate on 8/21/2020 3:16:35 PM
License Type: BROKER
Name: Maier, William Jacob
Mailing Address: 405 EAST D STREET SUITE #120
PETALUMA, CA 94952
License ID: 01383571
Expiration Date: 08/07/22
License Status: LICENSED
MLO License Endorsement: NMLS ID: 340342 (Click here to check the status of the MLO License Endorsement )
Salesperson License Issued 05/15/03
Broker License Issued: 05/03/06
Former Name(s): NO FORMER NAMES
Main Office: 405 EAST D STREET SUITE #120
PETALUMA, CA 94952
DBA NO CURRENT DBAS
Branches: NO CURRENT BRANCHES
Affiliated Licensed Corporation(s): 02086292 - Officer Expiration Date: 02/21/23
Redwood Empire Home Loans, Inc.
01770974 - Officer Expiration Date: 08/18/14
Hillcrest Real Estate Inc
OFFICER LICENSE EXPIRED AS OF 08/19/14
Comment: NO DISCIPLINARY ACTION
NO OTHER PUBLIC COMMENTS
>>>> Public information request complete <<<<
hitps:/Avww2.dre.ca.gov/PublicASPipplinfo.asp?start=1 qn
Welcome to California Page | of|
California Home
Kas Avs:
CalBRE Home Bureau of Real Estate arch }
@ uyon
Broker License Renewal - William Jacob Maier (License #: 01383571)
Your payment was approved
Reference #: VSJEBAE43731
Invoice #: 4324762
Description: William Jacob Maier
License 1D:01383571
Broker Renewal Fee
Total Amount: $300.00
This is a receipt for your payment. Please print this page and keep it for your records.
Note: Your renewal will be recorded on CalBRE's license status screen within a few minutes. Your license cerlificate
will also be available for printing through eLicensing. You may monitor the status of your license transaction by
selecting the menu option ‘Status of your Online Request’.
(Fie)
Back to Top of Page
Conditions of Use | Privacy Policy |
2003 State of California,
https://secure.dre.ca.gov/elicensing/drecrediteard.asp 5/1/2014
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EXHIBIT D
Peter A Kim, Esq. (SBN 250470) Electronically
LAW OFFICE OF PETER A, KIM by Superior Court of Californ county ef San Mateo
3440 Wilshire Blvd., Suite 1208 ON 1/31/2020 1:03 PM
Los Angeles, CA 90010
By /s/ Paul Silverio
Phone Number; (213) 387-0800 Deputy Cle;
Fax Number: (213) 387-0880
Attorney for Petitioner,
Louis J. Arata
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN MATEO
ll
12
13 In the matter of Case No.: 11 - PRO O1686
14 FIRST AMENDED PETITION FOR
JOHN AND GRACE ARATA 2004 TRUST )
REMOVAL OF TRUSTEE; SURCHARGE
15
OF TRUSTEE; AN ACCOUNTING;
16 APPOINTMENT OF TEMPORARY
LOUIS J. ARATA, Beneficiary of the John and ) TRUSTEE; AND NOMINATION AND
Grace Arata 2004 Trust;
17 APPOINTMENT OF A NEW TRUSTEE
18 Petitioner, [Probate Code §§ 15642, 15660, 16000,
16002, 16003, 16004, 16006, 16007, 16040,
19 VS. 16060, 16061, 16062, 16063, 16400, 16420,
20 16440, 17000, 17200; Civil Code 8§ 1761,
LAURA J. ARATA, individually and as 3294 and 3345]
Successor Trustee of the John and Grace Arata
21 2004 Trust; and Does | — 20, inclusive,
22, DATE: March 4,2020
Respondents,
TIME: 9:00 AM
23 DEPT: 28 (Probate)
24
25 Petitioner, Louis J. Arata (“Petitioner”), seeks an order removing the current trustee of the
26
John and Grace Arata 2004 Trust (“Trust”), who is named as a respondent in this Petition; for
27
surcharge of the trustee, for an accounting of the Trust, appointment ofa temporary trustee,
28
«ds
FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE
| | nominating and appointment of a new trustee to take over, manage and control the Trust; and do all
2 other things authorized by the Court.
3
JURISDICTION
AND VENUE,
|. Petitioner, is a beneficiary of the Trust and in such capacity, is entitled to bring this
6
Petition under Probate Code section 17200(a), and common law.
2. This Petition is properly brought before this Court for the following reasons:
(a) The Trustee, Laura J. Arata (“Laura”) resides out-of-state in Stillwater, Oklahoma. She
10 became successor trustee as a result ofa change of trustee, and has failed to provide the required
11
notice under Probate Code 16061.7, that sets forth the “physical location where the principal place
12
of administration of the trust is located, pursuant to Section 17200.” Since April 2018, Laura has
13
carried on the day-to-day activities of the Trust in Stillwater, Oklahoma, which is evidenced by the
14
1S fact that each-and-every month starting in April 2018 and thereafter, she has earned a monthly
16 trustee fee for her work managing and administering the Trust.
17 (b) The Superior Court of San Mateo County presides over an active case filed by the Trust
18
on December 8, 2014; Case No. C1V531627, entitled Arata et al. v. Arata etal, The court in its
19
“Order On Stipulation To Appoint Referee To Sell And Divide Property” (Filed-Endorsed on
20
March 1, 2017), reserved jurisdiction to effectuate the court’s decrees and orders, including “the
21
order based upon a Stipulation entered into by and between the parties.” The Stipulation approves
22
23 implementation of the Settlement Agreement, The Settlement Agreement was executed by the Trust
24 and its two beneficiaries, the Petitioner and the Estate of Gary J. Arata, along with the Clarence
and
25 Lillian Arata 2002 Trust, And Laura signed the Settlement Agreement as both the Co-Trustee of the
26
Trust and also as the Co-Executor and Representative of the Estate of Gary J. Arata. The Settlement
27
Agreement provides:
28
-2-
FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE
1 (i) for the division of personal property (farm vehicles, equipment, tools and miscellaneous
items) owned respectively by the Trust, the Estate of Gary J. Arata and the Clarence and Lillian
Arata 2002 Trust, This personal property was located on the real property (Arata Ranch) in San
4
Mateo County, In the Settlement Agreement, the Trust agreed that its portion of the personal
property would be distributed to the Estate of Gary J, Arata. The ‘Trust’s distribution of its personal
property to the Estate of Gary J. Arata affects the internal affairs of the Trust as defined by Probate
Code § 17200(b)(4);
(ii) for the requirements governing the sale of the Arata Ranch, The Trust’s ownership
10 interest in the Arata Ranch is its primary asset and its only real property interest in the State of
11
California;
12
(iii) for the requirements that the Estate of Gary J. Arata “shall” be responsible for all clean-
13
up of the Arata Ranch prior to sale; and
14
15 (iv) for “[vJenue” that “[t]he San Mateo Superior Court shall have exclusive jurisdiction to
16 hear any issue arising under the provisions of this Agreement.”
17 (c) Moreover, pursuant California Rules of Court, Rule 3.300, this Petition is related to the
18
above Case No, CIV531627 in Superior Court of San Mateo County because it secks the removal of
19
Laura as Trustee for several reasons, including two reasons arising directly from the provisions of
20
the above referenced Settlement Agreement, More specifically, this Petition alleges that:
21
(i) Laura breached her duties as Trustee by her conflict of interest and failure to take
22
23 reasonable steps to enforce the Settlement Agreement Paragraph 5(c) requiring that the Estate of
24 Gary J. Arata “shall clean-up” the Arata Ranch. Laura personally undertook this obligation to clean-
25 up the Arata Ranch in San Mateo County, when she signed the Settlement Agreement as the Co-
26
Executor and Representative of the Estate of Gary J. Arata. The failure to clean-up the Arata Ranch
27
has delayed the sale of this real property to the detriment of the Trust; and
28
«%s
FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE
(ii) Laura breached her duties as Trustee by failing to take sasonable steps ne cessary to
tuate the sale of the Arata Ranch pursuant to the Settlement Agreement, that has resulted in
extreme harm to the Trust, placing its interest in the Arata Ranch on the brink of foreclosure, with a
trustee sale of the Trust’s real property interest scheduled for April 22, 2020,
(d) Furthermore, Petitioner is informed and believes that Laura has recently conducted
Trust related activities and administration in San Mateo County. For example, on or about
September 27, 2019, Laura traveled from Oklahoma to the Arata Ranch in San Gregorio, San Mateo
County for an all-day meeting regarding issues pertaining to the administration of the Trust and the
10 obligations of the respective parties under the Settlement Agreement.
ll
For all the foregoing reasons and pursuant to Probate Code § 17005(c) and Civil Code §
12
395, this Petition is properly brought before the Superior Court of San Mateo County.
13
14
15 PA S
16 3. Petitioner, Louis J, Arata (“Petitioner”), is the son of John and Grace Arata and a
17 beneficiary of their Trust. Petitioner is a resident of Yerington, Nevada.
18
4, Respondent, Laura J. Arata (“Laura”), is the daughter of John and Grace Arata’s deceased
19
son, Gary J. Arata (“Gary”) and Marie Arata (“Marie”). On or about March 1, 2018, she was
20
appointed successor trustee of the Trust. Additionally, Laura “has taken on the responsibilities of
21
helping with the management of her father’s affairs since his passing” and has represented that she
22
23 is the “Co-Executor and Representative of the Estate of Gary J. Arata.” “She has also a: isted her
24 mother, Marie in all aspects of her personal and financial affairs since Gary’s death,” As trustee of
25 the Trust, Laura owes a fiduciary duty to the benefici: 8 of the trust. Laura is a resident of
26
Stillwater, Oklahoma.
27
5. Respondent DOES 1-20 are fictitious names of respondents who were trustees, agents and
28
those who have acted on behalf
of or as agents, servant or employee of one or more of the named
-4-
FIRST AMENDED PETITION FOR REMOVAL OF TRUS1 KE
respondents and DOES 1-20, or who have directly or indirectly participated or acted in concert with
them in the acts and omissions described in the Petition, but whose names and capacities, whether
individual, corporate or otherwise, are presently unknown to Petitioner, Petitioner will seck leave to
4
amend this Petition when their true names are discovered.
FACTUAL AND PROCEDURAL BACKGROUND
6. John and Grace Arata 2004 Trust, On August 11, 2004, in San Mateo County, John Arata,
9 Jr. and Grace V.P. Arata established the John and Grace Arata 2004 Trust. All of John and Grace
10 Arata’s real and personal property were to become ts of the Trust and administered under its
11
terms. A true and correct copy of the John and Grace Arata 2004 Trust is attached hereto as Exhibit
12
A
13
7. John Arata, Jr. died on December 1, 2005. At the time of his death, he resided at the town
14
15 of San Gregorio, County of San Mateo, California.
16 8. Grace V.P. Arata died on October 29, 2010. At the time of her death, she resided at the
17 town of Chowchilla, County of Madera, California. At the time of her death, the Trust became
18
irrevocable,
19
9. John Arata Jr. and Grace V.P. Arata were survived by their two children: namely Gary
20
and Louis, the Petitioner, who are entitled to receive the final distribution of the Trust.
21
10. Prior to the death of Grace V.P. Arata, Gary acted as initial successor trustee. Due to
22
23 illness, Gary resigned as trustee effective January 21, 2009.
24 11. Thereafter, Louis acted as sole trustee. On May 14, 2014, Gary filed a petition in the
25 Superior Court of Madera County, Case No. MPR013186, seeking the removal of Louis as trustee.
26
(Ostensibly, the petition was filed in Madcra County because at the time Louis resided there and
27
that was the principal place of business of the trust.) As a result of the petition, the parties entered
28
-5-
FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE
into an agreement making Louis and Gary co-trustees. Gary continued as co-trustee until his death
on March 5, 2016.
12. After Gary’s passing, Louis was once again the sole trustee until in or about January
4
2017, when he acted as co-trustee with Gary’s daughter, Laura.’
13. On December 8, 2014, the Trust, filed an action in the Superior Court of San Mateo
County, Case No, CIV531627, entitled Arata, et al. v Arata, ct al., to force the sale of the real
property commonly known as the Arata Ranch, located at 6090 Stage Road and 3225 Pomponio
Road, San Gregorio, California (“Arata Ranch”).
10 14, This Court issued an “Order On Stipulation To Appoint Referee To Sell And Divide
ul
Property” (Filed-Endorsed on March |, 2017) mandating the division of personal property and that
12
the Arata Ranch be sold pursuant to the terms of the Settlement Agreement (“Settlement
13
Agreement”). A true and correct copy of the exccuted Settlement Agreement is attached hereto as
14
15 Exhibit B.
16 15. On August 4, 2017, Marie, as the personal representative of the Estate of Gary J. Arata,
17 filed a petition in the Superior Court of San Benito County, Case No. PR 17-00035 seeking the
18
removal of Louis as the trustee of the Trust and the appointment of Laura as the sole trustee.
19
(Ostensibly, the petition was filed in San Benito County because Louis’ attorney at the time had his
20
office located there and was conducting the business of the trust). On March 1, 2018, the court
21
appointed Laura as the sole trustee and she has been acting in that capacity to the present.
22
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Preview
Andrew J. Wie; sq., (SBN 075204) G. Ryan Patric! q., (SBN 275517) Electronically WIEGEL LAW GROUP, PLC 414 Gough Street by Superior Court of California, County of San Mateo San Francisco, CA 94102-4464 ON 9/23/2020 (415) 552-8230 andrew@wiepellaweroup.com ryan@wiegellawgroup.com 6 Attorneys for Defendant/Cre Jefendant: ERNEST J. MCNABB, Individually and as 8 ‘Trustee of the ERNEST J. MCNABB REVOCABLE LIVING TRUST DATED 11/19/1990 9 SUPERIOR COURT OF CALIFORNIA 10 11 COUNTY OF SAN MATEO 12 13 PENINSULA OPEN SPACE TRUST, Case No, 20-CIV-02349 14 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN 1 .5 SUPPORT OF DEMURRER TO CROSS- YS. COMPLAINT FILED BY LAURA 16 REDWOOD TRUST DEED SERVICES, ARATA INC., a California Corporation; ERNEST Le J. MCNABB, individually and as Trustee of the Ernest J. McNabb Revocable Date: November 17, 2020 18 Time: 1:30 P.M. Living Trust Dated 11/19/1990; LOUIS J, ARATA, individually; LAURA. Dept.: 4, Courtroom 8B 19 ARATA, individually, as the Co- Hon. Nancy L, Fineman 20 Executor and Representative of the Estate of Gary J. Arata, Deceased, and as 21 sole successor trustee of the John and Grace Arata 2004 Trust Executed August 22 11, 2004; and DOES 1-20. 23 Defendants. 24 . 2 5: 26 27 28 CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE =x a _— LAURA J, ARATA, as sole and suc essor trustee of the John and Gr Arata 2004 Trust, dated August 11, 2004 4 Cross Complainant, YS. 6 ERNEST J. MCNABB, individually and as Trustee of the Ernest J. MeNABB Revocable Living Trust dated 11/19/1990; REDWOOD TRUST DEED : 8 SERVICES, INC., a Califo Ma C ‘poration; HILLCREST REAL, 9 ESTATE INC., A California Corporation; WILLIAM JACOB 10 MAIER; and ROES 1-50, inclusive 11 Cross-Defendants. 12 — 13 14 TO THE COURT, CROSS-COMPLAINANT, AND HER ATTORNEYS OF RECORD; 15 16 PLEASE TAKE NOTICE: On, Nov. Ne 2" , at 1:30 p.m., in Dept. 4, Courtroom 8B, of the San Mateo County Superior Court, located at 400 County Center, Redwoo 17 d City, CA, 94063 Cross-Defendant Ernest J, McNabb hereby requests the Court to take Judicial 18 Notice 19 pursuant to Evidence Code §§ 451, 452, and 453 in conjunction with Moving Party’s Demurrer 20 to the Cross-Complaint filed by Laura Arata and Motion for Sanctions Pursuant to CCP Section 2) 128.7, 22 The Court may take notice of official acts of any state, county or federal legislat ive, 23 executive or judicial department. (Ev.C. § 452(c); see Fowler v. Howell (1996) 42 CA4th 1746, 24 1750, 50 CR2d 484, 486—court can take judicial notice of records and files of state % 2 5 administrative agencies; C.R. v. Tenet Healthcare Corp. (2009) 169 CA4th 1094, 1102, 87 CR3d 26 424, 430-43 1—licenses issued by state agency.) 27 28 CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE =H. Moving Party’s request is made with respect to the following documents and matters stated therein: | The license information for Peter Carl Foppiano dba ARC Capital from the National 4 Multistate Licensing System/Nationwide Mortgage Licensing System and Registery (NMLS) and the California Department of Real E S| te. True and Correct copies of Peter 6 Carl Foppiano dba ARC Capital’s licensee records are attached as Exhibit A. These records are publically available directly from each agency’s website by entering the Licensee’s id number. 10 11 The license information for William Todd Wilson from the National Multistate Licensing, 12 System/Nationwide Mortgage Licensing System and Registery (NMLS) and the 13 California Department of Real Estate, True and Correct copies of William Todd 14 Wilson’s licensee records are attached as ibit B, These records are publically 18 available directly from each agency’s website by entering the Licensee’s id number. 16 17 The license information for William Jacob Maier from the California Department of Real 18 Estate. True and Correct copies of William Jacob Maier’s licensee records are attached 19 as Exhibit C, These records include the CA Department of Real Estate’s licensee record 20 for William Jacob Maier; A receipt dated May 1, 2014, issued by the CA Dept. of Real 21 Estate to William J. Maier for renewal of his real estate broker’s license; and a copy of 22 the real estate broker’s license issued by the CA Dept. of Real Estate to William J. Maier 23 showing Maier’s broker’s license was valid through May 2, 2018. 24 25 26 4 The First Amended Petition for Removal of Trustee; Surcharge of Trustee; An 27 Accounting; Appointment of Temporary Trustee; and Nomination and Appointment of 28 New Trustee, filed in San Mateo Superior Court Action 19-PRO-01586, Iv the Matter of CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE, -3- John and Grace Arata 2004 Trust (Specifically, Exhibit C attached to the Petition.) A true and correct copy of this pleading is attached hereto as Ex! bit D. 4 Dated Zs CAO WIEGEL AW GROW PB, PLC 8 9 By: / i G. Ryan Patrick, Esq. 10 Attorneys for Defendant/Cross-Defendant: 11 ERNEST J. MCNABB, Individually and as Trustee of the ERNEST J. MCNABB REVOCABLE 12 LIVING TRUST DATED 11/19/1990 13 14 15 16 17 18 19 20 at 22 23 24 25 26 27 28 CROSS DEFENDANT ERNEST J. MCNABB’s REQUEST FOR JUDICIAL NOTICE -4- EXHIBIT A 8/21/2020 Consumer Access Company himls consumer access Foppiano, Peter Carl NMLS ID: 375764 Street Addre: 4-C Healdsburg Ave Phone: 707-433-9143 Websit wew.goldenbearfinancial.net Healdsburg, CA 95448 Mailing Address: 14-C Healdsburg Avenue Toll-Free Number: Not provided Emait p{97ca@aol.com Healdsburg, CA 95448 Fax: 707-433-9614 Other Trade Names : Are Capital; Golden Bear Financial Prior Other Trade Name: None Prior Legal Name: Golden Bear Financial Sponsored MLOs : 2 Fiscal Year End: 12/31 Formed in: Not provided Date Formed: Not provided Stock Syinbol: None Business Structure: Sole Proprietorship Regulatory Actions : None posted in NMLS. Branch Locations no Brancivtocations in State Licenses/Registrations (Displaying 2 Active of 2Total) Regulator LicReg Name Authorized to Conduct Business Consumer Complaint California - DRE Real Estate Broker License Endorsement Yes Submit to Regulator Lic/Reg #: 01232889 Original Issue Date : 12/28/2010 Status : Approved Status Date: 01/14/2020 Renewed Through : 2020 Other Trade Names used in California - DRE : Are Capital; Golden Bear Financial Start Authorized to End Conduct Business 1/4/2018 Present Yes 1/1/2018 1/3/2018 No 1/4/2017 12/31/2017 Yes 11/2017 1/3/2017 No 2/24/2014 12/31/2016 Yes 1112014 2/23/2014 No 41212013 12/31/2013 Yes 1/30/2013 4/4/2013 No 1/27/2012 1/29/2013 Yes 11112012 1/26/2012 No 12/28/2010 12/31/2014 Yes View ResidentiRegistered Agent(s) for Service of Process » Florida Morlgage Broker License Yes Submit to Regulator Regulatory Actions While some state and federal ai gericles may add actions taken in previous years against a licensee, the majonity ate 2012 of later, To view complete Inforratian regarding requlatory actions posted by the agency, cick eny regulator ln Ikadding only new actions from No regulatory actions have been posted in NMLS, hitps:/Aww.nmisconsumeraccess.org/EntityDetails. aspx/COMPANY/375764 a 8/21/2020 Consumer Access - Company Information made available through NMS Consumer Access® is derived from NMLS (Nationwide Mullistate Licensing System [ Nationwide Mortgage Licensing System and Registry), the financial services industry's online registration and licensing database. NMLS was creatod by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) and is owned and operated by the State Regulatory Registry LLG (SRR), a wi jolly owned subsidiary of CSBS. For more information about the System, the NMLS Resource Center or the NMLS Federal Registry Resoureo Center wabsites, | Download PDF Reader please visit hitps:/wwav.nmlsconsumeraccess.org/EntityDetails.aspx/COMPANY/375764 212 8/21/2020 hllps:/Awaw2.dre.ca.gov/PublicASP/pplinfo.asp?star=1 STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE In reviewing a licensee’s information, please be aware that license discipline information may have been removed from a licensee's record pursuant to Business & Professions Code Section 10083.2 (c), However, discipline information may be available Department of Real Estate upon submittal of a request, or by calling the Department's public information line at from the California 1-877-373-4542. The license information shown below represents public information, It will not reflect pending licensing changes which are being reviewed for subsequent updating. Although the business and mailing addresses of real estate licensees are included, this information is not intended for mass mailing purposes. Some historical disciplinary action documents may not be in compliance with certain accessibility functions. For assistance with these documents, please contact the Department's Licensing Flaq Section. License information taken from records of the Department of Real Estate on 8/21/2020 11:04:59 AM License Type: BROKER Name: Foppiano, Peter Carl Mailing Address: 14-C HEALDSBURG AVE HEALDSBURG, CA 95448 License ID: 01232889 Expiration Date: 01/13/24 License Status: LICENSED *** RESTRICTED *** MLO License Endorsement: NMLS 1D: 325090 (Click here to check the status of the MLO License Endorsement ) Company MLO ense Endorsement: 375764 (Click here to check the status of the MLO License Endorsement.) Salesperson License Issued 01/10/98 (Unofficial -- taken from secondary records) Broker License Issued: 05/08/00 Former Name(s): NO FORMER NAMES Main Office: 14-C HEALDSBURG AVE HEALDSBURG, CA 95448 DBA ARC Capilal ACTIVE AS OF 10/25/2010 ARC Private Lending ACTIVE AS OF 01/14/2020 Fenix Really ACTIVE FROM 05/08/2017 TO 01/15/2020 Golden Bear Financial ACTIVE AS OF 12/23/2009 Golden Bear Financial ACTIVE FROM 08/10/2004 TO 11/22/2009 Golden Bear Mortgage ACTIVE AS OF 12/23/2009 Golden Bear Mortgage hllps://wwww2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 113 8/21/2020 hilps:/ivaww2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 ACTIVE FROM 07/21/2000 TO 11/22/2009 Realty World ACTIVE FROM 08/10/2004 TO 10/05/2006 Sonoma County Property Rentals ACTIVE ROM 03/20/2017 TO 01/15/2020 Branches: 5218 COUNTRY GLUB DRIVE ROHNERT PARK, CA 94928 Affiliated Licensed Corporation(s): 02037683 - Officer Expiration Date: 01/31/23 Sonoma Counly Property Rentals Inc OFFICER LICENSE REVOKED AS OF 01/44/20 02050740 - Officer Expiration Date: 01/31/23 Fenix Really Inc. OFFICER LICENSE REVOKED AS OF 01/14/20 Salespersons: 01701774 - Argueta, Ana L. License Expiration Date: 07/27/2021 01424570 - Brownlee, Juanita Jacquelyn License Expiration Date: 08/28/2020 020541714 - Davis, Tammy Lynne License Expiration Date: 04/10/2022 01035826 - Gammicchia, Frank License Expiration Date: 03/06/2024 01088460 - Lake, Warren Jean License Expiration Date: 08/03/2020 01322338 - Wilson, William Todd License Expiration Date: 11/09/2021 Comment: 04/17/09 - H-10647 SF 11/23/09 - SUSPENDED FOR 30 DAYS 12/23/09 - H-10647 SF RELEASED 02/06/19 - H-12355 SF 01/14/20 - REVOKED-RIGHT TO RESTRICTED LICENSE PER H-12355 SF NO OTHER PUBLIC COMMENTS Disciplinary or Formal Action H10647SF_P.paf Documents: H12355SF_190206_P.pdf H12355SF_190226_P.pdf H12355SF_200107_P.pdf >>>> Public information request complete <<<< hitps:/vew2.dre.ca.gov/PublicASP/pplinfo.asp?start=1 on 8/21/2020 hllpsi/mww2.dre.ca.gov/PublicASPipplinfo.asp?start=t hitps:fwaw2.dre.ca.gov/PublicASP/pplinfo.asp?starl=1 3/3 EXHIBIT -B 8/21/2020 Consumer Access - Individual Tinks consumer access William Todd Wilson NMLS ID: 309743 Phone: 707-799-9665 “ax: Not provided Other Names : Todd Wilson Prior Other Names : None Prior Legal Names : None Regulatory Actions : None posted in NMLS. Employment Authorized to Represent : Foppano, Peter Carl (375764) Engaged in other businesses : No Office Locations Company NMLS ID Type Streat Address Cily Slate Zip Code Start Date Foppiano, Peter Carl 375764 Main 14-C Healdsburg Ave Healdsburg CA 95448 02/01/2008 State Licenses/Registrations (Displaying 2 Active of 2 Total) Authorized to Regulator LiciReg Name Conduct Business Consumer Complaint California - DRE Real Estate Salesperson License Endorsement Yes Submit to Regulator Lic#Reg #: 01322338, Original Issue Date : 11/14/2010. Status : Approved Status Dale: 02/26/2014 Renewed Through : 2020 Currently Authorized to Represent Company: Foppiano, Peter Garl > NMLS ID: 375764 Start Date: 02/26/2014 Hide Previously Authorized to Represent Company: Fopplano, Peter Carl > NMLS ID: 375764 Start Date:12/30/2010 End Date: 01/01/2014 Authorized to Temporary Conduct Authority Begin Start End Business Date 3/5/2014 Present Yes 4111/2014 3/4/2014 No 12/30/2010 40/2074 Yes Florida Mortgage Loan Originator License Yes Submit to Regulator Regulatory Actions. While some state and feder encies ay add actions taken in pre jous years againsta kicens: the ma} ily are adding only naw actions from 2012 or later. To view & information rego 19 Fegulal action posted by the agency, click any regulator lin No regulatory actions have been posted in NMLS. Information made available throuigh NMLS Consumer Access®™ is derived from NMLS (Nationwide Multistate Licensing System / Natlonwide Mortgage Licensing System and Registry), the financial services industry's enline registration and icansing database, NMLS was created by the Gonference of State Bank Supervisors (CSBS) and the American Association of Residential hitps:/Avwww.nmisconsumeraccess org/EntityDetails.aspx/INDIVIDUAL/309743 12 8/21/2020 Consumer Access - Individual Mortgage Regulators (AARMR) and is owned and operated by the Slate Regulatory Registry LLC (SRR lolly Gwned subsidiaryof CSBS. For move information about the System, please visit MLS Resource Center of the NMLS Federal Registry Resource Center ebsites. | Download POF Reader hUps:/Awwy.nmlsconsumeraccess.org/EntityDetails.aspx/INDIVIDUAL/309743 212 8/21/2020 hilps:/ivaw2.dre.ca.gov/PublicASP/pplinfo.asp?start=4 STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE In reviewing a licensee’s information, please be aware that license discipline information may have been removed from a lice! nsee’s record pursuant to Busine: s & Professions Code Section 10083.2 (c). However, discipline information may be available from the California Department of Real Estate upon submittal of a request, or by calling the Department's public information line at 1-877-: The license information shown below represents public information, 4542, It will not reflect pending licens’ ing changes which are being reviewed for subsequent updating, Although the business and mailing addresses of re ‘al estate licensees are included, this information is not intended for mass mailing purposes. Some historical disciplinary action documer nts may not be in compliance with certain accessibility functions. For assistance with these documents, please contact the Department's Licensing Flag Section, License information taken from records of the Department of Real Estate on 8/21/2020 11:32:44 AM License Type: SALESPERSON Name: Wilson, William Todd Mailing Address: 100 STONY POINT RD SUITE 260 SANTA ROSA, CA 95401 License ID: 01322338 Expiration Date: 14/09/21 License Status: LICENSED MLO License Endorsement: NMLS ID: 309743 (Click here to check the status of the MLO License Endorsement ) Salesperson License Issued: 11/10/01 Former Name(s): NO FORMER NAMES Responsible Broker: License ID: 01232889 Foppiano, Peter Carl 14-C HEALDSBURG AVE HEALDSBURG, CA 95448 Comment: NO DISCIPLINARY ACTION NO OTHER PUBLIC COMMENTS >>>> Public information request complete <<<< hitps:/Mww2.dre.ca.gov/PublicASP/pplinfo.asp?slart=1 4A ah EXHIBIT C 8/21/2020 hilps://www2.dre.ca.goviPublicASPipplinfo.asp?start=1 STATE OF CALIFORNIA DEPARTMENT OF REAL ESTATE In reviewing a licensee's information, ple ware that license discipline information may have been removed from a licensee's record pursuant to Business & Prof ons Cor ‘ction 10083.2 (c). However, discipline information may be available from Department of Real Estate upon submittal of a request, or by calling the Department's public information line at 1-877-the California 542, The license information shown below represents public information, It will not reflect pending licensing changes which are being reviewed for subsequent updating. Although the business and mailing addresses of real estate licensees are included, this information is not intended for mass mailing purposes. Some historical disciplinary action documents may not be in compliance with certain accessibility functions. For assistance with these documents, please contact the Department's Licensing Flag Section. License information taken from records of the Department of Real Estate on 8/21/2020 3:16:35 PM License Type: BROKER Name: Maier, William Jacob Mailing Address: 405 EAST D STREET SUITE #120 PETALUMA, CA 94952 License ID: 01383571 Expiration Date: 08/07/22 License Status: LICENSED MLO License Endorsement: NMLS ID: 340342 (Click here to check the status of the MLO License Endorsement ) Salesperson License Issued 05/15/03 Broker License Issued: 05/03/06 Former Name(s): NO FORMER NAMES Main Office: 405 EAST D STREET SUITE #120 PETALUMA, CA 94952 DBA NO CURRENT DBAS Branches: NO CURRENT BRANCHES Affiliated Licensed Corporation(s): 02086292 - Officer Expiration Date: 02/21/23 Redwood Empire Home Loans, Inc. 01770974 - Officer Expiration Date: 08/18/14 Hillcrest Real Estate Inc OFFICER LICENSE EXPIRED AS OF 08/19/14 Comment: NO DISCIPLINARY ACTION NO OTHER PUBLIC COMMENTS >>>> Public information request complete <<<< hitps:/Avww2.dre.ca.gov/PublicASPipplinfo.asp?start=1 qn Welcome to California Page | of| California Home Kas Avs: CalBRE Home Bureau of Real Estate arch } @ uyon Broker License Renewal - William Jacob Maier (License #: 01383571) Your payment was approved Reference #: VSJEBAE43731 Invoice #: 4324762 Description: William Jacob Maier License 1D:01383571 Broker Renewal Fee Total Amount: $300.00 This is a receipt for your payment. Please print this page and keep it for your records. Note: Your renewal will be recorded on CalBRE's license status screen within a few minutes. Your license cerlificate will also be available for printing through eLicensing. You may monitor the status of your license transaction by selecting the menu option ‘Status of your Online Request’. (Fie) Back to Top of Page Conditions of Use | Privacy Policy | 2003 State of California, https://secure.dre.ca.gov/elicensing/drecrediteard.asp 5/1/2014 = ~ moO 5 7 if QF — =) =a £ °° ee = — >m@ EXHIBIT D Peter A Kim, Esq. (SBN 250470) Electronically LAW OFFICE OF PETER A, KIM by Superior Court of Californ county ef San Mateo 3440 Wilshire Blvd., Suite 1208 ON 1/31/2020 1:03 PM Los Angeles, CA 90010 By /s/ Paul Silverio Phone Number; (213) 387-0800 Deputy Cle; Fax Number: (213) 387-0880 Attorney for Petitioner, Louis J. Arata 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN MATEO ll 12 13 In the matter of Case No.: 11 - PRO O1686 14 FIRST AMENDED PETITION FOR JOHN AND GRACE ARATA 2004 TRUST ) REMOVAL OF TRUSTEE; SURCHARGE 15 OF TRUSTEE; AN ACCOUNTING; 16 APPOINTMENT OF TEMPORARY LOUIS J. ARATA, Beneficiary of the John and ) TRUSTEE; AND NOMINATION AND Grace Arata 2004 Trust; 17 APPOINTMENT OF A NEW TRUSTEE 18 Petitioner, [Probate Code §§ 15642, 15660, 16000, 16002, 16003, 16004, 16006, 16007, 16040, 19 VS. 16060, 16061, 16062, 16063, 16400, 16420, 20 16440, 17000, 17200; Civil Code 8§ 1761, LAURA J. ARATA, individually and as 3294 and 3345] Successor Trustee of the John and Grace Arata 21 2004 Trust; and Does | — 20, inclusive, 22, DATE: March 4,2020 Respondents, TIME: 9:00 AM 23 DEPT: 28 (Probate) 24 25 Petitioner, Louis J. Arata (“Petitioner”), seeks an order removing the current trustee of the 26 John and Grace Arata 2004 Trust (“Trust”), who is named as a respondent in this Petition; for 27 surcharge of the trustee, for an accounting of the Trust, appointment ofa temporary trustee, 28 «ds FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE | | nominating and appointment of a new trustee to take over, manage and control the Trust; and do all 2 other things authorized by the Court. 3 JURISDICTION AND VENUE, |. Petitioner, is a beneficiary of the Trust and in such capacity, is entitled to bring this 6 Petition under Probate Code section 17200(a), and common law. 2. This Petition is properly brought before this Court for the following reasons: (a) The Trustee, Laura J. Arata (“Laura”) resides out-of-state in Stillwater, Oklahoma. She 10 became successor trustee as a result ofa change of trustee, and has failed to provide the required 11 notice under Probate Code 16061.7, that sets forth the “physical location where the principal place 12 of administration of the trust is located, pursuant to Section 17200.” Since April 2018, Laura has 13 carried on the day-to-day activities of the Trust in Stillwater, Oklahoma, which is evidenced by the 14 1S fact that each-and-every month starting in April 2018 and thereafter, she has earned a monthly 16 trustee fee for her work managing and administering the Trust. 17 (b) The Superior Court of San Mateo County presides over an active case filed by the Trust 18 on December 8, 2014; Case No. C1V531627, entitled Arata et al. v. Arata etal, The court in its 19 “Order On Stipulation To Appoint Referee To Sell And Divide Property” (Filed-Endorsed on 20 March 1, 2017), reserved jurisdiction to effectuate the court’s decrees and orders, including “the 21 order based upon a Stipulation entered into by and between the parties.” The Stipulation approves 22 23 implementation of the Settlement Agreement, The Settlement Agreement was executed by the Trust 24 and its two beneficiaries, the Petitioner and the Estate of Gary J. Arata, along with the Clarence and 25 Lillian Arata 2002 Trust, And Laura signed the Settlement Agreement as both the Co-Trustee of the 26 Trust and also as the Co-Executor and Representative of the Estate of Gary J. Arata. The Settlement 27 Agreement provides: 28 -2- FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE 1 (i) for the division of personal property (farm vehicles, equipment, tools and miscellaneous items) owned respectively by the Trust, the Estate of Gary J. Arata and the Clarence and Lillian Arata 2002 Trust, This personal property was located on the real property (Arata Ranch) in San 4 Mateo County, In the Settlement Agreement, the Trust agreed that its portion of the personal property would be distributed to the Estate of Gary J, Arata. The ‘Trust’s distribution of its personal property to the Estate of Gary J. Arata affects the internal affairs of the Trust as defined by Probate Code § 17200(b)(4); (ii) for the requirements governing the sale of the Arata Ranch, The Trust’s ownership 10 interest in the Arata Ranch is its primary asset and its only real property interest in the State of 11 California; 12 (iii) for the requirements that the Estate of Gary J. Arata “shall” be responsible for all clean- 13 up of the Arata Ranch prior to sale; and 14 15 (iv) for “[vJenue” that “[t]he San Mateo Superior Court shall have exclusive jurisdiction to 16 hear any issue arising under the provisions of this Agreement.” 17 (c) Moreover, pursuant California Rules of Court, Rule 3.300, this Petition is related to the 18 above Case No, CIV531627 in Superior Court of San Mateo County because it secks the removal of 19 Laura as Trustee for several reasons, including two reasons arising directly from the provisions of 20 the above referenced Settlement Agreement, More specifically, this Petition alleges that: 21 (i) Laura breached her duties as Trustee by her conflict of interest and failure to take 22 23 reasonable steps to enforce the Settlement Agreement Paragraph 5(c) requiring that the Estate of 24 Gary J. Arata “shall clean-up” the Arata Ranch. Laura personally undertook this obligation to clean- 25 up the Arata Ranch in San Mateo County, when she signed the Settlement Agreement as the Co- 26 Executor and Representative of the Estate of Gary J. Arata. The failure to clean-up the Arata Ranch 27 has delayed the sale of this real property to the detriment of the Trust; and 28 «%s FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE (ii) Laura breached her duties as Trustee by failing to take sasonable steps ne cessary to tuate the sale of the Arata Ranch pursuant to the Settlement Agreement, that has resulted in extreme harm to the Trust, placing its interest in the Arata Ranch on the brink of foreclosure, with a trustee sale of the Trust’s real property interest scheduled for April 22, 2020, (d) Furthermore, Petitioner is informed and believes that Laura has recently conducted Trust related activities and administration in San Mateo County. For example, on or about September 27, 2019, Laura traveled from Oklahoma to the Arata Ranch in San Gregorio, San Mateo County for an all-day meeting regarding issues pertaining to the administration of the Trust and the 10 obligations of the respective parties under the Settlement Agreement. ll For all the foregoing reasons and pursuant to Probate Code § 17005(c) and Civil Code § 12 395, this Petition is properly brought before the Superior Court of San Mateo County. 13 14 15 PA S 16 3. Petitioner, Louis J, Arata (“Petitioner”), is the son of John and Grace Arata and a 17 beneficiary of their Trust. Petitioner is a resident of Yerington, Nevada. 18 4, Respondent, Laura J. Arata (“Laura”), is the daughter of John and Grace Arata’s deceased 19 son, Gary J. Arata (“Gary”) and Marie Arata (“Marie”). On or about March 1, 2018, she was 20 appointed successor trustee of the Trust. Additionally, Laura “has taken on the responsibilities of 21 helping with the management of her father’s affairs since his passing” and has represented that she 22 23 is the “Co-Executor and Representative of the Estate of Gary J. Arata.” “She has also a: isted her 24 mother, Marie in all aspects of her personal and financial affairs since Gary’s death,” As trustee of 25 the Trust, Laura owes a fiduciary duty to the benefici: 8 of the trust. Laura is a resident of 26 Stillwater, Oklahoma. 27 5. Respondent DOES 1-20 are fictitious names of respondents who were trustees, agents and 28 those who have acted on behalf of or as agents, servant or employee of one or more of the named -4- FIRST AMENDED PETITION FOR REMOVAL OF TRUS1 KE respondents and DOES 1-20, or who have directly or indirectly participated or acted in concert with them in the acts and omissions described in the Petition, but whose names and capacities, whether individual, corporate or otherwise, are presently unknown to Petitioner, Petitioner will seck leave to 4 amend this Petition when their true names are discovered. FACTUAL AND PROCEDURAL BACKGROUND 6. John and Grace Arata 2004 Trust, On August 11, 2004, in San Mateo County, John Arata, 9 Jr. and Grace V.P. Arata established the John and Grace Arata 2004 Trust. All of John and Grace 10 Arata’s real and personal property were to become ts of the Trust and administered under its 11 terms. A true and correct copy of the John and Grace Arata 2004 Trust is attached hereto as Exhibit 12 A 13 7. John Arata, Jr. died on December 1, 2005. At the time of his death, he resided at the town 14 15 of San Gregorio, County of San Mateo, California. 16 8. Grace V.P. Arata died on October 29, 2010. At the time of her death, she resided at the 17 town of Chowchilla, County of Madera, California. At the time of her death, the Trust became 18 irrevocable, 19 9. John Arata Jr. and Grace V.P. Arata were survived by their two children: namely Gary 20 and Louis, the Petitioner, who are entitled to receive the final distribution of the Trust. 21 10. Prior to the death of Grace V.P. Arata, Gary acted as initial successor trustee. Due to 22 23 illness, Gary resigned as trustee effective January 21, 2009. 24 11. Thereafter, Louis acted as sole trustee. On May 14, 2014, Gary filed a petition in the 25 Superior Court of Madera County, Case No. MPR013186, seeking the removal of Louis as trustee. 26 (Ostensibly, the petition was filed in Madcra County because at the time Louis resided there and 27 that was the principal place of business of the trust.) As a result of the petition, the parties entered 28 -5- FIRST AMENDED PETITION FOR REMOVAL OF TRUSTEE into an agreement making Louis and Gary co-trustees. Gary continued as co-trustee until his death on March 5, 2016. 12. After Gary’s passing, Louis was once again the sole trustee until in or about January 4 2017, when he acted as co-trustee with Gary’s daughter, Laura.’ 13. On December 8, 2014, the Trust, filed an action in the Superior Court of San Mateo County, Case No, CIV531627, entitled Arata, et al. v Arata, ct al., to force the sale of the real property commonly known as the Arata Ranch, located at 6090 Stage Road and 3225 Pomponio Road, San Gregorio, California (“Arata Ranch”). 10 14, This Court issued an “Order On Stipulation To Appoint Referee To Sell And Divide ul Property” (Filed-Endorsed on March |, 2017) mandating the division of personal property and that 12 the Arata Ranch be sold pursuant to the terms of the Settlement Agreement (“Settlement 13 Agreement”). A true and correct copy of the exccuted Settlement Agreement is attached hereto as 14 15 Exhibit B. 16 15. On August 4, 2017, Marie, as the personal representative of the Estate of Gary J. Arata, 17 filed a petition in the Superior Court of San Benito County, Case No. PR 17-00035 seeking the 18 removal of Louis as the trustee of the Trust and the appointment of Laura as the sole trustee. 19 (Ostensibly, the petition was filed in San Benito County because Louis’ attorney at the time had his 20 office located there and was conducting the business of the trust). On March 1, 2018, the court 21 appointed Laura as the sole trustee and she has been acting in that capacity to the present. 22 23 24 25 26 27 28