Preview
Bart J. Ring, Esq. SBN 126235 Electronically
THE RING LAW FIRM APLC by Superior Court of California, County of San Mateo
5550 Topanga Canyon Blvd., Suite 200 ON 1/24/2022
Woodland Hills, California 91367
By.
Telephone 818.587.9299 Deputy Clerk
Facsimile 818.587.9292
Attorneys for Plaintiff,
ADRIANA J. QUINTERO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
ADRIANA J. QUINTERO; CASE NO.: 22-ClV-00190
Plaintiff, VERIFIED COMPLAINT:
10
Y. 1) TO SET ASIDE
1 FRAUDULENT TRANSFER
LEONARD W. STONE III; JESSICA L. 2) CONSTRUCTIVE FRAUD
12 STONE; STEVEN A. WEINKAUF; STEVEN A. ) 3) TO QUIET TITLE
WEINKAUF, TRUSTEE OF THE STEVEN A. ) PURSUANT TO CODE CIV.
13 WEINKAUF IRREVOCABLE LIVING TRUST; ) PROC. SECTION 760.010-
ALL PERSONS UNKNOWN, CLAIMING ANY 764.080
14 LEGAL OR EQUITABLE RIGHT, TITLE, 4) DECLARATORY RELIEF
STAKE, LIEN OR INTEREST IN THE 5) CONSTRUCTIVE TRUST
15 PROPERTY DESCRIBED IN THE CANCELLATION OF
COMPLAINT ADVERSE TO PLAINTIFFS’ WRITTEN INSTRUMENT
16 TITLE, OR ANY CLOUD ON PLAINTIFFS’
TITLE TO THAT PROPERTY, and DOES 1
17 through 50, inclusive,
18 Defendants.
19
20
Plaintiff ADRIANA J. QUINTERO, alleges the following against all defendants, on
21
information and belief, as follows:
22
COMMON ALLEGATIONS
23
1 This action arises out of, and relates to the transfer of one or more parcels of real
24
property located in San Mateo County by defendants STEVEN A. WEINKAUF and STEVEN
25
A. WEINKAUF, TRUSTEE OF THE STEVEN A. WEINKAUF IRREVOCABLE LIVING
26
TRUST in an effort to avoid, hinder or delay a creditor (California Code of Civil Procedure
27
1
28
VERIFIED COMPLAINT
Section 3439.04), namely Plaintiff ADRIANA J. QUINTERO. The real property subject to this
action is located at located at 196 Dardenelle Avenue, Pacifica CA 94044 APN Parcel ID 018-
160-090 and APN Parcel ID 018-113-420 and legally described on Exhibit “A” attached hereto
and incorporated herein by reference (the “Property”).
2 At all relevant times alleged herein, plaintiff, ADRIANA J. QUINTERO is an
individual residing in Marin County, California
3 At all relevant times alleged herein, defendant, LEONARD W. STONE III
(‘STONE”) is an individual residing in Pacifica, California and the present title owner of the
Property. At all relevant times alleged herein, defendant, JESSICA L. STONE (“J. STONE”) is
10 the wife of STONE and had or continues to have an ownership interest in the Property.
4 At all relevant times alleged herein, defendant STEVEN A. WEINKAUF is an
ll
12 individual residing in Pacifica, California and duly designated as the trustee of the Steven A.
Weinkauf Irrevocable Living Trust (the Trust”).
13
14
5 Plaintiff is unaware of the true names of defendants All Persons Unknown,
Claiming Any Legal or Equitable Right, Title, Stake, Lien or Interest in the Property Described
15
16 in the Complaint Adverse to Plaintiffs’ Title, or Any Cloud on Plaintiffs’ Title to that Property,
and Does 1 through 50, inclusive. Therefore, Plaintiff sues these said defendants by those
17
fictitious names. Plaintiffs are informed and believe and on that basis allege that each of the
18
Doe defendants’ claims, or may claim, some interest in the subject real property. The names,
19
capacities and relationships of Does 1 through 50 will be alleged by amendment to this
20
complaint when those names are known.
21
6. Plaintiff is informed and believe and on that basis allege that, at all times alleged
22
herein one or more defendants were the agents and/or employees of one or more of their co-
23
defendants and in doing the things alleged herein were acting within the course and scope of that
24
agency and/or employment.
25
26
27
2
28
VERIFIED COMPLAINT
GENERAL ALLEGATIONS AS TO THE PROPERTY
7 On December 17, 2019 in the matter entitled Adriana J. Quintero v. Steven A.
Weinkauf bearing Superior Court of California County of San Mateo case number 18CIV05383
(the Underlying Action) a jury returned a verdict against WEINKAUF awarding Plaintiff
$1,306,000,00 in damages arising out of claims related to stalking, intentional infliction of
emotional distress and domestic violence. On or about December 17, 2019 Judgment on Jury
Verdict (the “Judgment”) was entered as against defendant WEINKAUF in the aggregate
amount of $1,306,000.00. Thereafter, the December 17, 2019 Judgment was supplemented and
the amount increased to the aggregate amount of $2,236,254.04. A true and correct copy of the
10 Supplemental Judgment on Jury Verdict entered April 19, 2021 is attached hereto as Exhibit
“3B”
ll
12 8 Thereafter, on or about December 16-17, 2019 defendant WEINKAUF and The
Trust, as then owner of the Property, sold to defendants STONE and J. STONE the Property
13
thereby transferring all right, title and ownership in and to the Property to defendants STONE
14
and J. STONE (the “Transfer of the Property”).
15
16
9. At the time of the Transfer of the Property, Plaintiff had a right to payment from
defendants WEINKAUF, and each of them, the sum total of the Judgment.
17
FIRST CAUSE OF ACTION
18 SET ASIDE FRAUDULENT TRANSFER OF PROPERTY PURSUANT TO CIVIL
CODE SECTION 3439.04
19 (Against all defendants and DOES 1-50)
20
10. Plaintiffs hereby incorporate paragraphs 1-9 hereinabove as though fully set forth
21
herein.
22
11. At all times alleged herein, Plaintiff has a right to payment from defendant
23
WEINKAUF, and each of them, in the sum total of $2,236,254.04.
24
12, That the Transfer of the Property by defendant WEINKAUF, and each of them, to
25
defendants STONE and J. STONE, and each of them, was done so with the intent to hinder,
26
delay or defraud Plaintiff. Defendants STONE and J. STONE did not take the Transfer of the
27
3
28
VERIFIED COMPLAINT
Property in good faith and/or for a reasonably equivalent value.
13. As a result of the Transfer of Property, Plaintiff has been harmed.
14. That the Transfer of Property and the conduct of defendant WEINKAUF, and each
of them, was a substantial factor in causing Plaintiff's harm.
15. That the Transfer of Property was done and intended to remove or conceal assets
to make it more difficult for defendant WEINKAUF, and each of them, creditors such as
Plaintiff to collect payment.
16. As a result, the Transfer of Property shall be ruled voidable and Plaintiff be
awarded all right, title and ownership in and to the property. Defendant WEINKAUF has acted
10 with reckless, willful, and callous disregard for the rights of Plaintiff and done so with malice,
11 fraud or oppression entitling Plaintiff to an award of punitive damages in accordance with proof
12 at trial.
13
14
SECOND CAUSE OF ACTION
CANCELLATION OF CONSTRUCTIVE FRAUD IN THE TRANSFER OF PROPERTY
PURSUANT TO CIVIL CODE SECTION 3439.04
15 (Against all defendants and DOES 1-50)
16
17. Plaintiff hereby incorporates paragraphs 1-16 hereinabove as though fully set forth
17
herein.
18
18. At all times alleged herein, Plaintiff has a right to payment from defendant
19
WEINKAUF, and each of them, in the sum total of $2,236,254.04.
20
19. That the Transfer of the Property by defendant WEINKAUF, and each of them, to
21
defendants STONE and J. STONE, and each of them, and did not receive a reasonably
22
equivalent value in exchange for the Transfer of the Property.
23
20. That defendant WEINKAUF, and each of them, was in business or entered into the
24
transaction when his remaining assets were unreasonably small for the transaction.
25
21. As a result, the Transfer of Property shall be ruled void and Plaintiff be
26
awarded all right, title and ownership in and to the Property. In addition, defendant WEINKAUF
27
4
28
VERIFIED COMPLAINT
has acted with reckless, willful, and callous disregard for the rights of Plaintiff and done so with
malice, fraud or oppression entitling Plaintiff to an award of punitive damages in accordance
with proof at trial.
THIRD CAUSE OF ACTION
QUIET TITLE TO THE PROPERTY
(Against all defendants and DOES 1-50)
22. Plaintiff hereby incorporates paragraphs 1-21 hereinabove as though fully set forth
herein.
23. The property subject to the Quiet Title Action referred to herein as the Property is
described as follows:
10 Dardenelle Avenue, Pacifica CA 94044 APN Parcel ID 018-160-090 and APN Parcel ID
ll
018-113-420 and legally described on Exhibit “A” attached hereto and incorporated herein by
12 reference and situated in San Mateo County, State of California, and more particularly described
13 in the attached Exhibit “A.”
24. Plaintiffs, and each of them, hereby seek a determination of Quiet Title as to the
14
15
Property in favor of Plaintiff, and/or an order voiding the Transfer of Property and adjudicating
the Property as being owned by defendant WEINKAUF, and each of them and DOES 1-50
16
inclusive and any claim, right, title, estate, lien or interest in and to the Property.
17
25; Plaintiffs are informed and believe that defendants and DOES 1-50 claim some
18
right, title, estate, lien or interest in and to the Property, more particularly defendants STONE
19
and J. STONE it is believed asserts that each or both are the owner of the Property and for which
20
such claim is without merit.
21
26. Plaintiff seek to Quiet Title as of December 16, 2019.
22,
FOURTH CAUSE OF ACTION
23 DECLARATORY RELIEF
(Against all defendants and DOES 1-50)
24
25 27 Plaintiff hereby incorporates paragraphs 1-26 hereinabove as though fully set forth
26 herein.
27 28 An actual controversy has arisen regarding the ownership of the Property. On the
28
VERIFIED COMPLAINT
one hand, defendants STONE and J. STONE assert that he/she/both is/are the owner of the
Property. On the other hand, Plaintiff asserts that the Transfer of Property is voidable and the
rightful owner of the Property is either Plaintiff and/or being held in trust by defendant
WEINKAUF, and each of them.
29, By reason of the foregoing controversy, Plaintiff requests the court make a judicial
determination that:
A The Transfer of Property is void pursuant to Civil Code Section 3439.04;
B That STONE and J. STONE have been holding the Property in constructive trust
and consistent with holding bare legal title from December 16, 2019 through the
10 present for and on behalf of Plaintiff.
1 c That defendant WEINKAUF, and each of them and/or Plaintiff is the owner of the
12
Property.
13 30 Such a judicial determination is necessary at this time in order for Plaintiff to
enforce the Judgment.
14
15
31. Plaintiffs are informed and believe and hereon allege that defendants and each of
16
them, and DOES 1-50 has/have taken a contrary position and has acted in manner such that he
asserts an interest in the Property and in contravention of the agreements alleged hereinabove all
17
of which will result and has resulted in irreparable detriment to Plaintiff herein.
18
FIFTH CAUSE OF ACTION
19 CONSTRUCTIVE TRUST
(against ALL defendants
20 and DOES 1-50)
21 32. Plaintiffs incorporate paragraphs | to 33 above, as though fully alleged herein.
22 33. By reason of the aforesaid wrongful conduct of defendants, and each of them,
23 alleged herein, defendant STONE and J. STONE, and each of them, is an involuntary trustee for
24 Plaintiff of the Property. As such, a constructive trust is imposed upon the Property and
25 defendants, and each of them, holds title in and to the Property for the benefit of Plaintiff.
26
27 6
28 VERIFIED COMPLAINT
SIXTH CAUSE OF ACTION
CANCELLATION OF WRITTEN INSTRUMENT
(against ALL defendants
and DOES 1-50)
34. Plaintiffs incorporate paragraphs 1 to 35 above, as though fully alleged herein.
35: The written instruments sought to be cancelled is any and all Grant Deeds or other
documents effectuating transfer of title in and to the Property from defendant WEINKAUF, and
each of them to defendants STONE and J. STONE as well as any and all inter-spousal transfer
deed(s) and trust transfer(s) effectuated on or after December 16, 2019.
36. There is a reasonable apprehension if left outstanding, any and all of the written
instruments that have effectuated the Transfer of Property as alleged hereinabove may cause
serious injury to Plaintiff against whom it is voidable. Any and all such Transfer of Property and
10
deeds filed and recorded therewith, shall be adjudged and ordered to be delivered up or canceled.
11
12
PRAYER
13
WHEREFORE, Plaintiff prays as follows with regard to each of the above causes of
14
action:
15
As to the First and Second Causes of Action — To Set Aside Fraudulent Transfer and
16
Constructive Fraud:
17
1 The Transfer of Property be deemed voided and adjudicated as Plaintiff being the
18
rightful owner of the Property or, in the alternative, that defendant WEINKAUF be adjudicated
19
holding bare legal title in constructive trust for the benefit of Plaintiff.
20
2. That the Property be held and attached in accordance with the provisions of
21
Section 481.010 through 493.060 of the Code of Civil Procedure.
22
3 General Damages according to Proof including a judgment against the first
23
transferee.
24
4. Punitive Damages.
25
As to the Third and Fourth Causes of Action — Quiet Title and Declaratory Relief:
26
5 A judgment quieting defendant STONE and J. STONE’s fee simple title as of
27 7
28 VERIFIED COMPLAINT
December 16, 2019 to the Property.
6. That defendants, STONE, J. STONE, WEINKAUF and DOES 1-50 and All
Persons Unknown, Claiming Any Legal or Equitable Right, Title, Stake, Lien or Interest in the
Property Described in the Complaint Adverse to Plaintiff’S Title, or Any Cloud on Plaintiffs’
Title to that Property, and Does | through 50, inclusive have no equitable right, title, interest,
stake or lien in and to the Property;
7 For attorney’s fees and costs incurred, and;
8 All other relief the court deems just and proper.
As to the Fifth Cause of Action — Constructive Trust:
10 9 For the imposition of a constructive trust in and to the Property for the benefit of
ll Plaintiff.
12
As to the Sixth Cause of Action — Cancellation of Instrument:
1
10. For the imposition of a constructive trust in and to the Property for the benefit of
14
Plaintiff.
1
16 As to All Causes of Action:
17 12. For costs of suit incurred herein;
18 13 For interest as allowed and permitted by law;
19 14. For attorneys’ fees allowed by law; and
20 15 For such other and further relief as the court may deem just, equitable, and proper.
21
THE RING LAW FIRM, APLC
22
23
24
25 DATED: JANUARY} ?, 2022
By: Bart I. Ring, Attorneys for Plaintiff,
26 ADRIANA QUINTERO
27 8
28 VERIFIED COMPLAINT
VERIFICATION
1, ADRIANA QUINTERO, DECLARE AND SAY:
| have read the foregoing VERIFIED COMPLAINT and know its contents. The same is true
of my own knowledge except those matters as alleged therein on my information and belief,
and as to those matters, | believe them to be true.
{ declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
oareo_|-| 9- Zo zz phavznd Questar
ADRIANA QUINTERO
EXHIBIT A
4
EXHIBIT
Legal Description
For APN/Parcet ID(s): 018-113-420 and 01: 160-090 a ee a
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PACIFICA, COUNTY OF SAN MATEO.
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
LOTS 37, 38 AND 39 IN BLOCK 31, AS SHOWN ON THAT CERTAIN MAP ENTITLED "VALLEMAR, SAN MATEO
COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN
MATEO, STATE OF CALIFORNIA, ON JULY 15, 1907 IN BOOK 5 OF MAPS AT PAGE 15.
AND IN ADDITION THERETO:
BEGINNING AT AN EXISTING 3/4" IRON PIPE MONUMENT TAG NO, R.E. 9178 AT THE INTERSECTION OF THE
COMMON LINE BETWEEN LOTS 38 AND 39, BLOCK 31, AND THE EASTERLY LINE OF DARDENELLE AVENUE AS:
SHOWN ON "MAP OF VALLEMAR" JULY 15, 1907, IN BOOK 5 OF MAPS AT PAGE 15 SAN MATEO COUNTY
RECORDS, RUNNING THENCE IN A STRAIGHT LINE NORTH 34° 35' 30" WEST 55.42 FEET TO AN EXISTING 2"
BY 2, STAKE AB SHOWN UFON RECORD OF SURVEY MAP FILED IN BOOK S OF LICENSED LAND SURVEYORS
MAPS AT PAGE 133 ON FEBRUARY 13, 1969 IN RECORDERS OFFICE OF THE COUNTY OF SAN MA’ \TEO,
IFORNIA, SAID 2" BY 2" STAKE IS THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO.
DESCRIBED; THENCE NORTH 56° 26' EAST 33.00 FEET TO A 3/4" IRON PIPE MONUMENT WITH TAG NO. R. E.
2488; THENCE NORTH 84° 05' EAST 40.00 FEET TO A 3/4" IRON PIPE MONUMENT WITH TAG NO. R.E. 241
THENCE SOUTH 257 08 BAST 60.73) FEET TO A CROSS CUT IN THE CONCRETE BASE TO A 4" BY 4" COR!
FENCE PO! ° 51" WEST 22.97 FEET MORE OR LESS, TO THE EASTERLY EXTENSION OF
THE NORTHERLY 1LINES OFOF LOTS 38 AND 38 AS SHOWN UPON MAP OF VALLEMAR RECORDED IN MAP BOOK
SAT PAGE 15 1/2 ON JULY 15, 1907 IN RECORDERS OFFICE OF THE COUNTY OF SAN MATEO, CALIFORNIA;
THENCE NORTH 87° 55' WEST ALONG SAID EASTERLY EXTENSI AND SAID NORTHERLY LINES OF LOTS 38
AND 39, 125.42 FEET MORE OR LESS TO ITS INTERSECTION WITH THE FIRST COURSE OF THIS BOUNDARY
DESCRIPTION (NORTH 56° 26' EAST) OR ITS SOUTHWESTERLY EXTENSION WHICHEVER APPLIES; THENCE
ALONG SAID COURSE OR ITS SOUTHWESTERLY EXTENSION TO THE TRUE POINT OF BEGINNING
PURSUANT TO NOTICE OF MERGER RECORDED OECEMBER 3, 1985 AS INSTRUMENT NO. 85129452 OF
OFFICIAL RECORD:
JPN 018-011-113-42
PARCEL TWO:
BEGINNING AT A POINT ON INTERSECTION OF THE EASTERLY LINE OF THE LANDS DESCRIBED IN THAT
CERTAIN CORPORATION JOINT TENANCY QUITCLAIM DEED FROM CONSUMERS ICE COMPANY TO HASKEL
HANSHEW AND BETTY JO HANSHEW, HIS WIFE, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN MATEO, STATE OF CALIFORNIA ON MARCH 25, 1969, IN BOOK 5615 OF OFFICIAL RECORDS, PAGE 367,
WITH THE NORTHERLY LINE OF 1.00 FOOT RESERVED ADJACENT AND LAYING NORTHERLY FROM THE
NORTHERLY LINE OF MAP OF "VALLEMAR" WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JULY 15, 1907, IN BOOK § OF MAPS, AT PAGE 15-15
412; SAID POINT OF BEGINNING BEING ALSO DISTANT SOUTH 87° 55' EAST 125.42 FEET AND NORTH 3° 51°
EAST 1.0 FOOT FROM THE EXISTING 2" BY 2" STAKE FOUND AT THE NORTHWEST CORNER OF LOT 39,
BLOCK 31 MAPS OF VALLEMAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON FEBRUARY 13, 1969
IN BOOK 6 OF L.L.S. MAPS, PAGE 133; THENCE FROM SAID POINT OF BEGINNING ALONG THE EXTERI
BOUNDARY LINE OF AFORESAID LANDS OF HANSHEW (5615 O.R. 367) THE FOLLOWING 4 COURSES; NORTH
3° 51’ EAST 22.97 FEET; NORTH 86° 09' WEST 59.73 FEET; SOUTH 84° 05' WEST 40.00 FEET; SOUTH 56°
WEST 31.28 FEET TO A POINT IN AFORESAID NORTHERLY LINE OF 1.00 FOOT RESERVE; THENCE ALONG.
rived. 12. 19 @oni2AN
‘SCA0000128.dec /Updated: 11.20.17 CA-FT-FSMO-01500,080305-FSMO-3051001519
Prepared On : 01/11/2022
© 2022 CoreLogic. All rights reserved
EXHIBIT "
”
Legal Description
(continued)
LAST SAID LINE NORTH 87° 55° WEST 433.40 FEET; LEAVING SAID LINE THE FOLLOWING 7 COURSES: NORTH
43° 40' EAST 186.49 FEET; NORTH 27° 00' EAST 210.00 FEET; SOUTH 87° 55’ EAST 115.00 FEET; SOUTH 48° 00
EAST 177.00 FEET; SOUTH 87° 55' EAST 295.00 FEET; SOUTH 23° 30’ EAST 120 FEET, SOUTH 55° 00’ WEST 181
FEET TO A POINT IN AFORESAID NORTHERLY LINE OF 1.0 FOOT RESERVE; THENCE ALONG LAST SAID LINE
NORTH 67° 55' WEST 108.00 FEET TO THE POINT OF BEGINNING.
PARCEL THREE:
ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR PUBLIC UTILITIES OVER AND WITHIN
THE FOLLOWING DESCRIBED STRIP OF LANI
THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO AND IS DESCRIBED AS
FOUL!
A PORTION OF THAT CERTAIN 1 FOOT WIDE STRIP OF LAND MARKED "RESERVED" LYING ALONG THE
NORTHERLY BOUNDARY OF THAT CERTAIN MAP ENTITLED "MAP OF VALLEMAR IN THE COUNTY OF SAN
MATEO, CALIFORNIA", RECORDED JULY 15, 1907 IN BOOK 5 OF MAPS AT PAGE 15-1/2, RECORDS OF SAN
MATEO COUNTY, STATE OF CALIFORNIA, BEING THAT PORTION OF SAID 1 FOOT WIDE STRIP LYING
ADJACENT TO AND SOUTHERLY OF THE COURSE DESCRIBED AS "NORTH 87° 55' WEST 433.40 FEET”, IN THE
DEED FROM TEXAS INTERNATIONAL COMPANY, A DELAWARE CORPORATION TO CHARLES GU:
MARRIED MAN, DATED MAY 2, 1889 AND RECORDED MAY 15, 1989 AS DOCUMENT NO. 89061899; SAID STRIP
BEING BOUNDED ON THE EAST BY A LINE EXTENDING SOUTH 86° 26° WEST FROM THE EASTERLY
TERMINUS OF SAID COURSE WITH A LENGTH OF 433.40 FEET AND BOUNDED ON THE WEST BY A LINE
EXTENDING SOUTH 43° 40° WEST FROM THE WESTERLY TERMINUS OF SAID COURSE.
JPN: 018-016-160-04-02
Printed: 42.16.18 @ 08:12 AM
‘SCA0000128.¢oe
/ Updated: 11.20.17 ‘CA-FT-FSMO-01500,080305-FSM10-2081901519
‘Old Republic Title Prepared On : 01/11/2022
© 2022 CoreLogic. All rights reserved
EXHIBIT B
= ne nt __CIV-130
DRNEY OR PARTY WITHOUT ATTORNEY (Name, StateBar ‘number, and address):
T FOR COURT USE ONLY |
|
— MICHAEL
B. BASS] (SBN 75782); DONNA L.
MICHAEL B. BASSI, A Law Corporation
QUAN (SBN 127795)
|
333 Bush St., Ste. 1100 |
San Francisco, CA 94104 Electronically
|
| TELEPHONE No. (415) 986-8122
E-MAIL ADDRESS (Options)
TAX NO. (Optionsi).
mbbassi@bassilaw.com; dlquan@bassilaw.com | ON
Supenor Coust of Ca.forne. County of San Matec
4/20/2021
||
ATTORNEY FOR (Name): Plaintiff ADRIANA J. QUINTERO
SUPERIOR COURT OF CALIFORN 1A, COUNTY OF SAN MATEO ~~ | By ‘sfTapeshe Gaines
STREET ADDRESS: 400 County Center |
MAILING ADDRESS: |
CITY AND ZIP CODE: Redwood City, CA 94063-1655 |
| BRANCH NAME: Hall of Justice ot
PLAINTIFF/PETITIONER: ADRIANA J. QUINTERO
DEFENDANT/RESPONDENT: STEVEN A. WEINKAUF
|
|
}-— — a oe = | saat Se
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
|18C1V05383
OR ORDER
| (Check one): [X] UNLIMITED CASE (2) LIMITED CASE
(Amount demanded (Amount demanded was
|
exceeded $25,000) $25,000 or less)
or a a 1. ant Spe ee
TO ALL PARTIES:
4 A judgment, decree, or order was entered in this action on (date): 4/19/2021
Acopy of the judgment, decree, or order is attached to this notice.
Date: 4/20/2021
= > Dona Sf. Pare _
(TYPE on PRINT NAME OF [XJ AttoRNCY a PARTY WITHOUT ATTORNEY) (SIGNATURE)
Page 1 of2
‘ Approved tor| onal Use NOTICE OF ENTRY OF JUDGMENT OR ORDER ween courtinto.ca.gov
aliforcia
iVS30 (New Sanver Fy 1, 2010}
CER’ Essential
cebcom [2)Forms”
ae es ant CIV-130
PLAINTIFF/PETITIONER: ADRIANA J. QUINTERO ] CASE NUMBER.
18C1V05383
| WeFENDANT/RESPONDENT: STEVEN A. WEINKAUF _ | ~ a sine —
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete this proof of service.)
4 lam at least 18 years old and not a party to this action. ! am a resident of or employed in the county where the mailing took
place, and my residence or business address is (specify):
333 Bush St., Ste. 1100
San Francisco, CA 94104
{ served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a {XJ deposited the sealed envelope with the United States Postal Service.
b. Q placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which | am readily familiar. On the same day correspondence is placed for collection and mailing, itis
deposited in the ordinary course of business with the United States Postal Service.
The Notice of Entry of Judgment or Order was mailed:
a on (date): 4/20/2021
b. from (city and state): San Francisco, California
The envelope was addressed and mailed as follows:
a, Name of person served: Name of person served:
Steven A. Weinkauf, Defendant In pro per
Street address: Box 1100, 50 W. Pacific Manor Dr. Street address:
City: Pacifica City:
State and zip code: California 94044 State and zip code:
b, Name of person served: Name of person served:
Street address: Street address:
City: City
State and zip code: State and zip code:
(] Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached 2
( dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 4/20/2021
DONNA
L. QUAN _
(TYPE OR PRINT NAME OF DECLARANT)
_ » Ame Se Sune (SIGNATURE OF DECLARANT)
=
= Page 2 of 2
30 |New January 3, 2010} NOTICE OF ENTRY OF JUDGMENT OR ORDER
CEB Essential
cabzom Fe\Forms:
> rs \
WS *%, 2/
GAN MATEO COUNTY
APR 1 8 2024
Fe
Chark:
By.
x
s
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
10
11 ADRIANA J. QUINTERO, ) CASE NO. 18CIV05383
12 Plaintiff, offat
‘AL JUDGMENT ON JURY
13 Vv. ) YE CT
14 STEVEN
A. WEINKAUF, ET AL.
15 Defendant.
16 a
17 On December 17, 2019, the Judgment on Jury Verdict in favor of Plaintiff Adriana J. Quintero
18 in the sum of $1,300,000.00, plus punitive damages of $6,000.00 for a total amount of $1,306,000.00,
19
with interest thereon af the mute of tea percent (10%) per annum ffum the date of the entry of this
20
judgment until paid, was entered against Defendant Steven A. Weinkauf in the above-entitled matter.
21
The award of costs and disbursements were to be subject to the filing of an appropriate Memorandum
23 of Costs and Motion to Tax Costs, if any, made by Defendant. The issues as to whether reasonable
attomey’s fees were to be awarded were reserved, to be determined upon an appropriate post-trial
25 motion. Any costs and fees awarded were to be done by a Supplemental Judgment.
26
On January 3, 2020, Plaintiff Adriana J. Quintero filed a Memorandum of Costs for
27
$60,565.25. On May 21, 2020, Plaintiff Adriana J. Quintero filed a Motion for Attorney Fees
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SUPPLEMENTAL JUDGMENT ON JURY VERDICT
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Pursuant to Code of Civil Procedure Section 1021.4 seeking reasonable attorney’s fees in the amount
of $869,688.79. On July 10, 2020, this Court heard Plaintiff's Motion for Attomey Fees.
On March 11, 2021, the Honorable Gerald J. Buchwald, Judge presiding, entered a
Memorandum Decision and Order on Plaintiff Quintero’s Motion for Attorneys Fees per C.C.P.
Section 1021.4, granting Plaintiff's Motion for Attorneys Fees in the amount of $869,688.79.
On March 15, 2021, the Honorable Gerald J. Buchwald, Judge presiding, entered an Order
Awarding Costs ofsuit to Plaintiff Adriana J. Quintero in the total amount of $60,565.25.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff
10 Adriana J. Quintero, as a supplement to the Judgment on Jury Verdict entered on December 17, 2019,
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wherein Plaintiff Adriana J. Quintero was awarded the sum of $1,300,000.00, plus punitive damages
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of $6,000.00 for a total amount of $1,306,000.00, with interest thereon at the rate of ten percent (10%)
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per annum from the date of the entry of the judgment until paid, against Defendant Steven A.
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15 Weinkauf, shall also have and recover from Defendant Steven A. Weinkauf, costs and disbursements
16 amounting to the sum of $60,565.25 and reasonable attomey’s fees amounting to the sum of
17 $869,688.79, for a total judgment of $2,236,254.04.
18 DATED: 7 Got ON ITIS SO ORDERED
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20 £ v
JUDGE O01 AE SUPERIOR COURT, Deaf
21 GERALD J. BUCHWALD
23 APPROVED AS TO FORM:
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28 K:\Quintero, Adriana\Pleadings\ludgment\Supplemental Judgment.docx
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SUPPLEMENTAL JUDGMENT ON JURY VERDICT
Preview
Bart J. Ring, Esq. SBN 126235 Electronically THE RING LAW FIRM APLC by Superior Court of California, County of San Mateo 5550 Topanga Canyon Blvd., Suite 200 ON 1/24/2022 Woodland Hills, California 91367 By. Telephone 818.587.9299 Deputy Clerk Facsimile 818.587.9292 Attorneys for Plaintiff, ADRIANA J. QUINTERO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO ADRIANA J. QUINTERO; CASE NO.: 22-ClV-00190 Plaintiff, VERIFIED COMPLAINT: 10 Y. 1) TO SET ASIDE 1 FRAUDULENT TRANSFER LEONARD W. STONE III; JESSICA L. 2) CONSTRUCTIVE FRAUD 12 STONE; STEVEN A. WEINKAUF; STEVEN A. ) 3) TO QUIET TITLE WEINKAUF, TRUSTEE OF THE STEVEN A. ) PURSUANT TO CODE CIV. 13 WEINKAUF IRREVOCABLE LIVING TRUST; ) PROC. SECTION 760.010- ALL PERSONS UNKNOWN, CLAIMING ANY 764.080 14 LEGAL OR EQUITABLE RIGHT, TITLE, 4) DECLARATORY RELIEF STAKE, LIEN OR INTEREST IN THE 5) CONSTRUCTIVE TRUST 15 PROPERTY DESCRIBED IN THE CANCELLATION OF COMPLAINT ADVERSE TO PLAINTIFFS’ WRITTEN INSTRUMENT 16 TITLE, OR ANY CLOUD ON PLAINTIFFS’ TITLE TO THAT PROPERTY, and DOES 1 17 through 50, inclusive, 18 Defendants. 19 20 Plaintiff ADRIANA J. QUINTERO, alleges the following against all defendants, on 21 information and belief, as follows: 22 COMMON ALLEGATIONS 23 1 This action arises out of, and relates to the transfer of one or more parcels of real 24 property located in San Mateo County by defendants STEVEN A. WEINKAUF and STEVEN 25 A. WEINKAUF, TRUSTEE OF THE STEVEN A. WEINKAUF IRREVOCABLE LIVING 26 TRUST in an effort to avoid, hinder or delay a creditor (California Code of Civil Procedure 27 1 28 VERIFIED COMPLAINT Section 3439.04), namely Plaintiff ADRIANA J. QUINTERO. The real property subject to this action is located at located at 196 Dardenelle Avenue, Pacifica CA 94044 APN Parcel ID 018- 160-090 and APN Parcel ID 018-113-420 and legally described on Exhibit “A” attached hereto and incorporated herein by reference (the “Property”). 2 At all relevant times alleged herein, plaintiff, ADRIANA J. QUINTERO is an individual residing in Marin County, California 3 At all relevant times alleged herein, defendant, LEONARD W. STONE III (‘STONE”) is an individual residing in Pacifica, California and the present title owner of the Property. At all relevant times alleged herein, defendant, JESSICA L. STONE (“J. STONE”) is 10 the wife of STONE and had or continues to have an ownership interest in the Property. 4 At all relevant times alleged herein, defendant STEVEN A. WEINKAUF is an ll 12 individual residing in Pacifica, California and duly designated as the trustee of the Steven A. Weinkauf Irrevocable Living Trust (the Trust”). 13 14 5 Plaintiff is unaware of the true names of defendants All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Stake, Lien or Interest in the Property Described 15 16 in the Complaint Adverse to Plaintiffs’ Title, or Any Cloud on Plaintiffs’ Title to that Property, and Does 1 through 50, inclusive. Therefore, Plaintiff sues these said defendants by those 17 fictitious names. Plaintiffs are informed and believe and on that basis allege that each of the 18 Doe defendants’ claims, or may claim, some interest in the subject real property. The names, 19 capacities and relationships of Does 1 through 50 will be alleged by amendment to this 20 complaint when those names are known. 21 6. Plaintiff is informed and believe and on that basis allege that, at all times alleged 22 herein one or more defendants were the agents and/or employees of one or more of their co- 23 defendants and in doing the things alleged herein were acting within the course and scope of that 24 agency and/or employment. 25 26 27 2 28 VERIFIED COMPLAINT GENERAL ALLEGATIONS AS TO THE PROPERTY 7 On December 17, 2019 in the matter entitled Adriana J. Quintero v. Steven A. Weinkauf bearing Superior Court of California County of San Mateo case number 18CIV05383 (the Underlying Action) a jury returned a verdict against WEINKAUF awarding Plaintiff $1,306,000,00 in damages arising out of claims related to stalking, intentional infliction of emotional distress and domestic violence. On or about December 17, 2019 Judgment on Jury Verdict (the “Judgment”) was entered as against defendant WEINKAUF in the aggregate amount of $1,306,000.00. Thereafter, the December 17, 2019 Judgment was supplemented and the amount increased to the aggregate amount of $2,236,254.04. A true and correct copy of the 10 Supplemental Judgment on Jury Verdict entered April 19, 2021 is attached hereto as Exhibit “3B” ll 12 8 Thereafter, on or about December 16-17, 2019 defendant WEINKAUF and The Trust, as then owner of the Property, sold to defendants STONE and J. STONE the Property 13 thereby transferring all right, title and ownership in and to the Property to defendants STONE 14 and J. STONE (the “Transfer of the Property”). 15 16 9. At the time of the Transfer of the Property, Plaintiff had a right to payment from defendants WEINKAUF, and each of them, the sum total of the Judgment. 17 FIRST CAUSE OF ACTION 18 SET ASIDE FRAUDULENT TRANSFER OF PROPERTY PURSUANT TO CIVIL CODE SECTION 3439.04 19 (Against all defendants and DOES 1-50) 20 10. Plaintiffs hereby incorporate paragraphs 1-9 hereinabove as though fully set forth 21 herein. 22 11. At all times alleged herein, Plaintiff has a right to payment from defendant 23 WEINKAUF, and each of them, in the sum total of $2,236,254.04. 24 12, That the Transfer of the Property by defendant WEINKAUF, and each of them, to 25 defendants STONE and J. STONE, and each of them, was done so with the intent to hinder, 26 delay or defraud Plaintiff. Defendants STONE and J. STONE did not take the Transfer of the 27 3 28 VERIFIED COMPLAINT Property in good faith and/or for a reasonably equivalent value. 13. As a result of the Transfer of Property, Plaintiff has been harmed. 14. That the Transfer of Property and the conduct of defendant WEINKAUF, and each of them, was a substantial factor in causing Plaintiff's harm. 15. That the Transfer of Property was done and intended to remove or conceal assets to make it more difficult for defendant WEINKAUF, and each of them, creditors such as Plaintiff to collect payment. 16. As a result, the Transfer of Property shall be ruled voidable and Plaintiff be awarded all right, title and ownership in and to the property. Defendant WEINKAUF has acted 10 with reckless, willful, and callous disregard for the rights of Plaintiff and done so with malice, 11 fraud or oppression entitling Plaintiff to an award of punitive damages in accordance with proof 12 at trial. 13 14 SECOND CAUSE OF ACTION CANCELLATION OF CONSTRUCTIVE FRAUD IN THE TRANSFER OF PROPERTY PURSUANT TO CIVIL CODE SECTION 3439.04 15 (Against all defendants and DOES 1-50) 16 17. Plaintiff hereby incorporates paragraphs 1-16 hereinabove as though fully set forth 17 herein. 18 18. At all times alleged herein, Plaintiff has a right to payment from defendant 19 WEINKAUF, and each of them, in the sum total of $2,236,254.04. 20 19. That the Transfer of the Property by defendant WEINKAUF, and each of them, to 21 defendants STONE and J. STONE, and each of them, and did not receive a reasonably 22 equivalent value in exchange for the Transfer of the Property. 23 20. That defendant WEINKAUF, and each of them, was in business or entered into the 24 transaction when his remaining assets were unreasonably small for the transaction. 25 21. As a result, the Transfer of Property shall be ruled void and Plaintiff be 26 awarded all right, title and ownership in and to the Property. In addition, defendant WEINKAUF 27 4 28 VERIFIED COMPLAINT has acted with reckless, willful, and callous disregard for the rights of Plaintiff and done so with malice, fraud or oppression entitling Plaintiff to an award of punitive damages in accordance with proof at trial. THIRD CAUSE OF ACTION QUIET TITLE TO THE PROPERTY (Against all defendants and DOES 1-50) 22. Plaintiff hereby incorporates paragraphs 1-21 hereinabove as though fully set forth herein. 23. The property subject to the Quiet Title Action referred to herein as the Property is described as follows: 10 Dardenelle Avenue, Pacifica CA 94044 APN Parcel ID 018-160-090 and APN Parcel ID ll 018-113-420 and legally described on Exhibit “A” attached hereto and incorporated herein by 12 reference and situated in San Mateo County, State of California, and more particularly described 13 in the attached Exhibit “A.” 24. Plaintiffs, and each of them, hereby seek a determination of Quiet Title as to the 14 15 Property in favor of Plaintiff, and/or an order voiding the Transfer of Property and adjudicating the Property as being owned by defendant WEINKAUF, and each of them and DOES 1-50 16 inclusive and any claim, right, title, estate, lien or interest in and to the Property. 17 25; Plaintiffs are informed and believe that defendants and DOES 1-50 claim some 18 right, title, estate, lien or interest in and to the Property, more particularly defendants STONE 19 and J. STONE it is believed asserts that each or both are the owner of the Property and for which 20 such claim is without merit. 21 26. Plaintiff seek to Quiet Title as of December 16, 2019. 22, FOURTH CAUSE OF ACTION 23 DECLARATORY RELIEF (Against all defendants and DOES 1-50) 24 25 27 Plaintiff hereby incorporates paragraphs 1-26 hereinabove as though fully set forth 26 herein. 27 28 An actual controversy has arisen regarding the ownership of the Property. On the 28 VERIFIED COMPLAINT one hand, defendants STONE and J. STONE assert that he/she/both is/are the owner of the Property. On the other hand, Plaintiff asserts that the Transfer of Property is voidable and the rightful owner of the Property is either Plaintiff and/or being held in trust by defendant WEINKAUF, and each of them. 29, By reason of the foregoing controversy, Plaintiff requests the court make a judicial determination that: A The Transfer of Property is void pursuant to Civil Code Section 3439.04; B That STONE and J. STONE have been holding the Property in constructive trust and consistent with holding bare legal title from December 16, 2019 through the 10 present for and on behalf of Plaintiff. 1 c That defendant WEINKAUF, and each of them and/or Plaintiff is the owner of the 12 Property. 13 30 Such a judicial determination is necessary at this time in order for Plaintiff to enforce the Judgment. 14 15 31. Plaintiffs are informed and believe and hereon allege that defendants and each of 16 them, and DOES 1-50 has/have taken a contrary position and has acted in manner such that he asserts an interest in the Property and in contravention of the agreements alleged hereinabove all 17 of which will result and has resulted in irreparable detriment to Plaintiff herein. 18 FIFTH CAUSE OF ACTION 19 CONSTRUCTIVE TRUST (against ALL defendants 20 and DOES 1-50) 21 32. Plaintiffs incorporate paragraphs | to 33 above, as though fully alleged herein. 22 33. By reason of the aforesaid wrongful conduct of defendants, and each of them, 23 alleged herein, defendant STONE and J. STONE, and each of them, is an involuntary trustee for 24 Plaintiff of the Property. As such, a constructive trust is imposed upon the Property and 25 defendants, and each of them, holds title in and to the Property for the benefit of Plaintiff. 26 27 6 28 VERIFIED COMPLAINT SIXTH CAUSE OF ACTION CANCELLATION OF WRITTEN INSTRUMENT (against ALL defendants and DOES 1-50) 34. Plaintiffs incorporate paragraphs 1 to 35 above, as though fully alleged herein. 35: The written instruments sought to be cancelled is any and all Grant Deeds or other documents effectuating transfer of title in and to the Property from defendant WEINKAUF, and each of them to defendants STONE and J. STONE as well as any and all inter-spousal transfer deed(s) and trust transfer(s) effectuated on or after December 16, 2019. 36. There is a reasonable apprehension if left outstanding, any and all of the written instruments that have effectuated the Transfer of Property as alleged hereinabove may cause serious injury to Plaintiff against whom it is voidable. Any and all such Transfer of Property and 10 deeds filed and recorded therewith, shall be adjudged and ordered to be delivered up or canceled. 11 12 PRAYER 13 WHEREFORE, Plaintiff prays as follows with regard to each of the above causes of 14 action: 15 As to the First and Second Causes of Action — To Set Aside Fraudulent Transfer and 16 Constructive Fraud: 17 1 The Transfer of Property be deemed voided and adjudicated as Plaintiff being the 18 rightful owner of the Property or, in the alternative, that defendant WEINKAUF be adjudicated 19 holding bare legal title in constructive trust for the benefit of Plaintiff. 20 2. That the Property be held and attached in accordance with the provisions of 21 Section 481.010 through 493.060 of the Code of Civil Procedure. 22 3 General Damages according to Proof including a judgment against the first 23 transferee. 24 4. Punitive Damages. 25 As to the Third and Fourth Causes of Action — Quiet Title and Declaratory Relief: 26 5 A judgment quieting defendant STONE and J. STONE’s fee simple title as of 27 7 28 VERIFIED COMPLAINT December 16, 2019 to the Property. 6. That defendants, STONE, J. STONE, WEINKAUF and DOES 1-50 and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Stake, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff’S Title, or Any Cloud on Plaintiffs’ Title to that Property, and Does | through 50, inclusive have no equitable right, title, interest, stake or lien in and to the Property; 7 For attorney’s fees and costs incurred, and; 8 All other relief the court deems just and proper. As to the Fifth Cause of Action — Constructive Trust: 10 9 For the imposition of a constructive trust in and to the Property for the benefit of ll Plaintiff. 12 As to the Sixth Cause of Action — Cancellation of Instrument: 1 10. For the imposition of a constructive trust in and to the Property for the benefit of 14 Plaintiff. 1 16 As to All Causes of Action: 17 12. For costs of suit incurred herein; 18 13 For interest as allowed and permitted by law; 19 14. For attorneys’ fees allowed by law; and 20 15 For such other and further relief as the court may deem just, equitable, and proper. 21 THE RING LAW FIRM, APLC 22 23 24 25 DATED: JANUARY} ?, 2022 By: Bart I. Ring, Attorneys for Plaintiff, 26 ADRIANA QUINTERO 27 8 28 VERIFIED COMPLAINT VERIFICATION 1, ADRIANA QUINTERO, DECLARE AND SAY: | have read the foregoing VERIFIED COMPLAINT and know its contents. The same is true of my own knowledge except those matters as alleged therein on my information and belief, and as to those matters, | believe them to be true. { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. oareo_|-| 9- Zo zz phavznd Questar ADRIANA QUINTERO EXHIBIT A 4 EXHIBIT Legal Description For APN/Parcet ID(s): 018-113-420 and 01: 160-090 a ee a THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PACIFICA, COUNTY OF SAN MATEO. STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: LOTS 37, 38 AND 39 IN BLOCK 31, AS SHOWN ON THAT CERTAIN MAP ENTITLED "VALLEMAR, SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JULY 15, 1907 IN BOOK 5 OF MAPS AT PAGE 15. AND IN ADDITION THERETO: BEGINNING AT AN EXISTING 3/4" IRON PIPE MONUMENT TAG NO, R.E. 9178 AT THE INTERSECTION OF THE COMMON LINE BETWEEN LOTS 38 AND 39, BLOCK 31, AND THE EASTERLY LINE OF DARDENELLE AVENUE AS: SHOWN ON "MAP OF VALLEMAR" JULY 15, 1907, IN BOOK 5 OF MAPS AT PAGE 15 SAN MATEO COUNTY RECORDS, RUNNING THENCE IN A STRAIGHT LINE NORTH 34° 35' 30" WEST 55.42 FEET TO AN EXISTING 2" BY 2, STAKE AB SHOWN UFON RECORD OF SURVEY MAP FILED IN BOOK S OF LICENSED LAND SURVEYORS MAPS AT PAGE 133 ON FEBRUARY 13, 1969 IN RECORDERS OFFICE OF THE COUNTY OF SAN MA’ \TEO, IFORNIA, SAID 2" BY 2" STAKE IS THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND TO. DESCRIBED; THENCE NORTH 56° 26' EAST 33.00 FEET TO A 3/4" IRON PIPE MONUMENT WITH TAG NO. R. E. 2488; THENCE NORTH 84° 05' EAST 40.00 FEET TO A 3/4" IRON PIPE MONUMENT WITH TAG NO. R.E. 241 THENCE SOUTH 257 08 BAST 60.73) FEET TO A CROSS CUT IN THE CONCRETE BASE TO A 4" BY 4" COR! FENCE PO! ° 51" WEST 22.97 FEET MORE OR LESS, TO THE EASTERLY EXTENSION OF THE NORTHERLY 1LINES OFOF LOTS 38 AND 38 AS SHOWN UPON MAP OF VALLEMAR RECORDED IN MAP BOOK SAT PAGE 15 1/2 ON JULY 15, 1907 IN RECORDERS OFFICE OF THE COUNTY OF SAN MATEO, CALIFORNIA; THENCE NORTH 87° 55' WEST ALONG SAID EASTERLY EXTENSI AND SAID NORTHERLY LINES OF LOTS 38 AND 39, 125.42 FEET MORE OR LESS TO ITS INTERSECTION WITH THE FIRST COURSE OF THIS BOUNDARY DESCRIPTION (NORTH 56° 26' EAST) OR ITS SOUTHWESTERLY EXTENSION WHICHEVER APPLIES; THENCE ALONG SAID COURSE OR ITS SOUTHWESTERLY EXTENSION TO THE TRUE POINT OF BEGINNING PURSUANT TO NOTICE OF MERGER RECORDED OECEMBER 3, 1985 AS INSTRUMENT NO. 85129452 OF OFFICIAL RECORD: JPN 018-011-113-42 PARCEL TWO: BEGINNING AT A POINT ON INTERSECTION OF THE EASTERLY LINE OF THE LANDS DESCRIBED IN THAT CERTAIN CORPORATION JOINT TENANCY QUITCLAIM DEED FROM CONSUMERS ICE COMPANY TO HASKEL HANSHEW AND BETTY JO HANSHEW, HIS WIFE, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO, STATE OF CALIFORNIA ON MARCH 25, 1969, IN BOOK 5615 OF OFFICIAL RECORDS, PAGE 367, WITH THE NORTHERLY LINE OF 1.00 FOOT RESERVED ADJACENT AND LAYING NORTHERLY FROM THE NORTHERLY LINE OF MAP OF "VALLEMAR" WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JULY 15, 1907, IN BOOK § OF MAPS, AT PAGE 15-15 412; SAID POINT OF BEGINNING BEING ALSO DISTANT SOUTH 87° 55' EAST 125.42 FEET AND NORTH 3° 51° EAST 1.0 FOOT FROM THE EXISTING 2" BY 2" STAKE FOUND AT THE NORTHWEST CORNER OF LOT 39, BLOCK 31 MAPS OF VALLEMAR AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON FEBRUARY 13, 1969 IN BOOK 6 OF L.L.S. MAPS, PAGE 133; THENCE FROM SAID POINT OF BEGINNING ALONG THE EXTERI BOUNDARY LINE OF AFORESAID LANDS OF HANSHEW (5615 O.R. 367) THE FOLLOWING 4 COURSES; NORTH 3° 51’ EAST 22.97 FEET; NORTH 86° 09' WEST 59.73 FEET; SOUTH 84° 05' WEST 40.00 FEET; SOUTH 56° WEST 31.28 FEET TO A POINT IN AFORESAID NORTHERLY LINE OF 1.00 FOOT RESERVE; THENCE ALONG. rived. 12. 19 @oni2AN ‘SCA0000128.dec /Updated: 11.20.17 CA-FT-FSMO-01500,080305-FSMO-3051001519 Prepared On : 01/11/2022 © 2022 CoreLogic. All rights reserved EXHIBIT " ” Legal Description (continued) LAST SAID LINE NORTH 87° 55° WEST 433.40 FEET; LEAVING SAID LINE THE FOLLOWING 7 COURSES: NORTH 43° 40' EAST 186.49 FEET; NORTH 27° 00' EAST 210.00 FEET; SOUTH 87° 55’ EAST 115.00 FEET; SOUTH 48° 00 EAST 177.00 FEET; SOUTH 87° 55' EAST 295.00 FEET; SOUTH 23° 30’ EAST 120 FEET, SOUTH 55° 00’ WEST 181 FEET TO A POINT IN AFORESAID NORTHERLY LINE OF 1.0 FOOT RESERVE; THENCE ALONG LAST SAID LINE NORTH 67° 55' WEST 108.00 FEET TO THE POINT OF BEGINNING. PARCEL THREE: ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR PUBLIC UTILITIES OVER AND WITHIN THE FOLLOWING DESCRIBED STRIP OF LANI THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO AND IS DESCRIBED AS FOUL! A PORTION OF THAT CERTAIN 1 FOOT WIDE STRIP OF LAND MARKED "RESERVED" LYING ALONG THE NORTHERLY BOUNDARY OF THAT CERTAIN MAP ENTITLED "MAP OF VALLEMAR IN THE COUNTY OF SAN MATEO, CALIFORNIA", RECORDED JULY 15, 1907 IN BOOK 5 OF MAPS AT PAGE 15-1/2, RECORDS OF SAN MATEO COUNTY, STATE OF CALIFORNIA, BEING THAT PORTION OF SAID 1 FOOT WIDE STRIP LYING ADJACENT TO AND SOUTHERLY OF THE COURSE DESCRIBED AS "NORTH 87° 55' WEST 433.40 FEET”, IN THE DEED FROM TEXAS INTERNATIONAL COMPANY, A DELAWARE CORPORATION TO CHARLES GU: MARRIED MAN, DATED MAY 2, 1889 AND RECORDED MAY 15, 1989 AS DOCUMENT NO. 89061899; SAID STRIP BEING BOUNDED ON THE EAST BY A LINE EXTENDING SOUTH 86° 26° WEST FROM THE EASTERLY TERMINUS OF SAID COURSE WITH A LENGTH OF 433.40 FEET AND BOUNDED ON THE WEST BY A LINE EXTENDING SOUTH 43° 40° WEST FROM THE WESTERLY TERMINUS OF SAID COURSE. JPN: 018-016-160-04-02 Printed: 42.16.18 @ 08:12 AM ‘SCA0000128.¢oe / Updated: 11.20.17 ‘CA-FT-FSMO-01500,080305-FSM10-2081901519 ‘Old Republic Title Prepared On : 01/11/2022 © 2022 CoreLogic. All rights reserved EXHIBIT B = ne nt __CIV-130 DRNEY OR PARTY WITHOUT ATTORNEY (Name, StateBar ‘number, and address): T FOR COURT USE ONLY | | — MICHAEL B. BASS] (SBN 75782); DONNA L. MICHAEL B. BASSI, A Law Corporation QUAN (SBN 127795) | 333 Bush St., Ste. 1100 | San Francisco, CA 94104 Electronically | | TELEPHONE No. (415) 986-8122 E-MAIL ADDRESS (Options) TAX NO. (Optionsi). mbbassi@bassilaw.com; dlquan@bassilaw.com | ON Supenor Coust of Ca.forne. County of San Matec 4/20/2021 || ATTORNEY FOR (Name): Plaintiff ADRIANA J. QUINTERO SUPERIOR COURT OF CALIFORN 1A, COUNTY OF SAN MATEO ~~ | By ‘sfTapeshe Gaines STREET ADDRESS: 400 County Center | MAILING ADDRESS: | CITY AND ZIP CODE: Redwood City, CA 94063-1655 | | BRANCH NAME: Hall of Justice ot PLAINTIFF/PETITIONER: ADRIANA J. QUINTERO DEFENDANT/RESPONDENT: STEVEN A. WEINKAUF | | }-— — a oe = | saat Se CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT |18C1V05383 OR ORDER | (Check one): [X] UNLIMITED CASE (2) LIMITED CASE (Amount demanded (Amount demanded was | exceeded $25,000) $25,000 or less) or a a 1. ant Spe ee TO ALL PARTIES: 4 A judgment, decree, or order was entered in this action on (date): 4/19/2021 Acopy of the judgment, decree, or order is attached to this notice. Date: 4/20/2021 = > Dona Sf. Pare _ (TYPE on PRINT NAME OF [XJ AttoRNCY a PARTY WITHOUT ATTORNEY) (SIGNATURE) Page 1 of2 ‘ Approved tor| onal Use NOTICE OF ENTRY OF JUDGMENT OR ORDER ween courtinto.ca.gov aliforcia iVS30 (New Sanver Fy 1, 2010} CER’ Essential cebcom [2)Forms” ae es ant CIV-130 PLAINTIFF/PETITIONER: ADRIANA J. QUINTERO ] CASE NUMBER. 18C1V05383 | WeFENDANT/RESPONDENT: STEVEN A. WEINKAUF _ | ~ a sine — PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.) 4 lam at least 18 years old and not a party to this action. ! am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): 333 Bush St., Ste. 1100 San Francisco, CA 94104 { served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a {XJ deposited the sealed envelope with the United States Postal Service. b. Q placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which | am readily familiar. On the same day correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service. The Notice of Entry of Judgment or Order was mailed: a on (date): 4/20/2021 b. from (city and state): San Francisco, California The envelope was addressed and mailed as follows: a, Name of person served: Name of person served: Steven A. Weinkauf, Defendant In pro per Street address: Box 1100, 50 W. Pacific Manor Dr. Street address: City: Pacifica City: State and zip code: California 94044 State and zip code: b, Name of person served: Name of person served: Street address: Street address: City: City State and zip code: State and zip code: (] Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached 2 ( dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 4/20/2021 DONNA L. QUAN _ (TYPE OR PRINT NAME OF DECLARANT) _ » Ame Se Sune (SIGNATURE OF DECLARANT) = = Page 2 of 2 30 |New January 3, 2010} NOTICE OF ENTRY OF JUDGMENT OR ORDER CEB Essential cabzom Fe\Forms: > rs \ WS *%, 2/ GAN MATEO COUNTY APR 1 8 2024 Fe Chark: By. x s SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO 10 11 ADRIANA J. QUINTERO, ) CASE NO. 18CIV05383 12 Plaintiff, offat ‘AL JUDGMENT ON JURY 13 Vv. ) YE CT 14 STEVEN A. WEINKAUF, ET AL. 15 Defendant. 16 a 17 On December 17, 2019, the Judgment on Jury Verdict in favor of Plaintiff Adriana J. Quintero 18 in the sum of $1,300,000.00, plus punitive damages of $6,000.00 for a total amount of $1,306,000.00, 19 with interest thereon af the mute of tea percent (10%) per annum ffum the date of the entry of this 20 judgment until paid, was entered against Defendant Steven A. Weinkauf in the above-entitled matter. 21 The award of costs and disbursements were to be subject to the filing of an appropriate Memorandum 23 of Costs and Motion to Tax Costs, if any, made by Defendant. The issues as to whether reasonable attomey’s fees were to be awarded were reserved, to be determined upon an appropriate post-trial 25 motion. Any costs and fees awarded were to be done by a Supplemental Judgment. 26 On January 3, 2020, Plaintiff Adriana J. Quintero filed a Memorandum of Costs for 27 $60,565.25. On May 21, 2020, Plaintiff Adriana J. Quintero filed a Motion for Attorney Fees 28 Ks -1- SUPPLEMENTAL JUDGMENT ON JURY VERDICT i ( V7 1 O Pursuant to Code of Civil Procedure Section 1021.4 seeking reasonable attorney’s fees in the amount of $869,688.79. On July 10, 2020, this Court heard Plaintiff's Motion for Attomey Fees. On March 11, 2021, the Honorable Gerald J. Buchwald, Judge presiding, entered a Memorandum Decision and Order on Plaintiff Quintero’s Motion for Attorneys Fees per C.C.P. Section 1021.4, granting Plaintiff's Motion for Attorneys Fees in the amount of $869,688.79. On March 15, 2021, the Honorable Gerald J. Buchwald, Judge presiding, entered an Order Awarding Costs ofsuit to Plaintiff Adriana J. Quintero in the total amount of $60,565.25. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff 10 Adriana J. Quintero, as a supplement to the Judgment on Jury Verdict entered on December 17, 2019, 11 wherein Plaintiff Adriana J. Quintero was awarded the sum of $1,300,000.00, plus punitive damages 12 of $6,000.00 for a total amount of $1,306,000.00, with interest thereon at the rate of ten percent (10%) 13 per annum from the date of the entry of the judgment until paid, against Defendant Steven A. 14 15 Weinkauf, shall also have and recover from Defendant Steven A. Weinkauf, costs and disbursements 16 amounting to the sum of $60,565.25 and reasonable attomey’s fees amounting to the sum of 17 $869,688.79, for a total judgment of $2,236,254.04. 18 DATED: 7 Got ON ITIS SO ORDERED 19 20 £ v JUDGE O01 AE SUPERIOR COURT, Deaf 21 GERALD J. BUCHWALD 23 APPROVED AS TO FORM: 24 25 27 28 K:\Quintero, Adriana\Pleadings\ludgment\Supplemental Judgment.docx 7 «2s SUPPLEMENTAL JUDGMENT ON JURY VERDICT