Receipt Clerk s TranscriptCal. Super. - 6th Dist.August 10, 2021Superior Court of California, County of Santa Clara FOR COURT USE ONLY Limited CiviI-Appeals 191 North First Street San Jose, CA 951 13 (408) 882-21 00 James Schoenborn vs. Leonard Schoenborn CLERK’S TRANSCRIPT Case Number: Vol. 1 Of2 21CV381288 Clerk’s Transcript on Appeal from the Judgment of the Superior Court of the State of California, in and for the County of Santa Clara Superior Court Case Number: 21CV381288 Honorable Erik S. Johnson Volume 1 of 2 Pages 1 through 300 Appearances: Counsel for Plaintiff/ Respondent: Harry Price Price Law Firm 40 Main Street Los Altos, CA 94022 Counsel for Defendant / Appellant: Jay Christofierson Wagner Jones Helsley PC 265 E River Park Circle Suite 310 Fresno, CA 93720 Notice of Appeal Filed: 8/03/21 Notice of Completion: 8/31/21 CLERK’S TRANSCRIPT Vol. 1 0f 2 Filed September 14, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21AP002740 By: raragon 21AP002740 APPEAL INDEX: Document Description File Date Page Number Volume Complaint-Unlawful Detainer 04/29/2021 1 - 13 1 (Limited): Up to $10K Answer-Unlawful Detainer (Limited): 06/01/2021 14 - 20 1 >$10K and <$25K To Complant atty: Christofferson Answer: Amended To Complaint 06/08/2021 21 - 28 1 atty: Christofferson Motion: Summary Judgment Hearing 07/13/2021 29 - 3O 1 07/22/21 @9:15am in D-4 Memorandum: Points and 07/13/2021 31 - 37 1 Authorities Separate Statement 07/13/2021 38 - 44 1 Declaration of Sanchez ISO MSJ. 07/13/2021 45 - 73 1 Request: Judicial Notice 07/13/2021 74 - 166 1 Declaration of Schoenborn ISO MSJ. 07/13/2021 167 - 168 1 Memorandum: Points and 07/19/2021 169 - 174 1 Authorities ISO Opposition. Declaration of Harry I. Price ISO 07/19/2021 175 - 188 1 Opposition to MSJ. Memorandum: Points and 07/20/2021 189 - 194 1 Authorities in Support of Reply to MSJ 7/22/21 9:15am D4 Minute Order 07/22/2021 195 - 195 1 Minute Order 07/22/2021 196 - 196 1 Judgment Order and judgment for 07/23/2021 197 - 198 1 restitution of premises and reservation of damages issues re: 1453 Wessex Avenue, Los Altos, Ca. 94024 Minute Order 07/23/2021 199 - 200 1 Notice: Entry of Order Notice: Entry 07/26/2021 201 - 205 1 of Order Appeal - Limited Civil Case <$10,000 08/03/2021 206 - 209 1 Atty Christofferson Appeal: Clerk's Notice of Appeal 08/10/2021 210 - 210 1 [Env# 7030983] Designation: Appellant Appellant's 08/10/2021 211 - 298 1 Notice Designating Record on Appeal Receipt: Record/Exhibits Exhibit 1 08/19/2021 299 - 300 1 Receipt: Record/Exhibits Exhibit 2 08/19/2021 301 - 303 2 Receipt: Record/Exhibits Exhibit 3 08/19/2021 304 - 311 2 Receipt: Record/Exhibits Exhibit A 08/19/2021 312 - 361 2 Receipt: Record/Exhibits Exhibit B 08/19/2021 362 - 372 2 Appeal: Notice of Estimate of Costs 08/19/2021 373 - 373 Appellant: $387.00; Respondent: $193.50; Due by 8-30-21 [Env# 7097036] Appeal deposit for clerk's transcript 08/31/2021 374 - 374 $387.00 paid Notice Register of Actions Dated 8- 08/31/2021 375 - 380 31-21 Appeal: Notice of Completion 08/31/2021 381 - 381 Appeal: Clerk's Certificate 08/31/2021 382 - 382 APPEAL INDEX: Document Description File Date Page Number Volume Complaint-Unlawful Detainer 04/29/2021 1 - 13 1 (Limited): Up to $10K Answer-Unlawful Detainer (Limited): 06/01/2021 14 - 20 1 >$10K and <$25K To Complant atty: Christofferson Answer: Amended To Complaint 06/08/2021 21 - 28 1 atty: Christofferson Motion: Summary Judgment Hearing 07/13/2021 29 - 3O 1 07/22/21 @9:15am in D-4 Memorandum: Points and 07/13/2021 31 - 37 1 Authorities Separate Statement 07/13/2021 38 - 44 1 Declaration of Sanchez ISO MSJ. 07/13/2021 45 - 73 1 Request: Judicial Notice 07/13/2021 74 - 166 1 Declaration of Schoenborn ISO MSJ. 07/13/2021 167 - 168 1 Memorandum: Points and 07/19/2021 169 - 174 1 Authorities ISO Opposition. Declaration of Harry I. Price ISO 07/19/2021 175 - 188 1 Opposition to MSJ. Memorandum: Points and 07/20/2021 189 - 194 1 Authorities in Support of Reply to MSJ 7/22/21 9:15am D4 Minute Order 07/22/2021 195 - 195 1 Minute Order 07/22/2021 196 - 196 1 Judgment Order and judgment for 07/23/2021 197 - 198 1 restitution of premises and reservation of damages issues re: 1453 Wessex Avenue, Los Altos, Ca. 94024 Minute Order 07/23/2021 199 - 200 1 Notice: Entry of Order Notice: Entry 07/26/2021 201 - 205 1 of Order Appeal - Limited Civil Case <$10,000 08/03/2021 206 - 209 1 Atty Christofferson Appeal: Clerk's Notice of Appeal 08/10/2021 210 - 210 1 [Env# 7030983] Designation: Appellant Appellant's 08/10/2021 211 - 298 1 Notice Designating Record on Appeal Receipt: Record/Exhibits Exhibit 1 08/19/2021 299 - 300 1 UD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:0778 1 7 NAME Harry I. Price, Esq. FIRM NAME Price Law Finn STREET ADDRESS: 40 Main Street CITY: LOS AltOS STATE CA ZIPCODE:94022 TELEPHONE NO : 650-949-0840 FAX NO, 650-949-0844 EMAIL ADDRESS: harry@priceslaw.com ATTORNEY FOR (name): James Schoenbom, Successor Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF: James Schoenbom, Successor Trustee of the Schoenbom Family Living DEFENDANT: Leonard Schoenbom Trust dated April 11, 1991 DOES 1 TO 10 COMPLAINT-UNLAWFUL DETAINER* JLJ COMPLAINT |_^ AMENDED COMPLAINT (Amendment Number): FOR COURT USE ONLY CASE NUMBER: Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded \~^~\ does not exceed $10, 000. exceeds $10, 000 but does not exceed $25, 000. I-I ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25, 000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): from unlawful detainer to general unlimited civil (possession not in issue). [| from limited to unlimited. from unlawful detainer to general limited civil (possession not in issue). || from unlimited to limited. 1. PLAINTIFF (name each): James Schoenbom, Successor Trustee of the Schoenbom Family Living Trust dated April 11, 1991 alleges causes of action against DEFENDANT (name each): Leonard Schoenbom 2. a. Plaintiff is (1) | | an individual over the age of 18 years. (4) || a partnership. (2) | | a public agency. (5) | | a corporation. (3) I X I other (specify): Trustee ofSchoenbom Family Living Trust dated April 11, 1991 b. | | Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): 3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 1453 Wessex Avenue, Los Altos, CA 94024 b. The premises in 3a are (check one) (1) I X I within the city limits of (name ofcity):]^Q^ Altos (2) |_| within the unincorporated area of (name of county): c. The premises in 3a were constructed in (approximate year): 4. Plaintiffs interest in the premises is [-x~l as owner || other (specify): 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. * NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161 a). Page 1 of 4 Form Approved for Optional Use Judicial Council of Caiifornia UD-100[Rev September 1, 2020] COMPLAINT-UNLAWFUL DETAINER Civil Code. § 1940etseq;. Code of Cwil Procedure, §§ 425 12, 1166 www. courts. ca. goi/ Westtaw Doc & Form Builder' Electronically filed by Superior Court of CA, County of Santa Clara, on 4/29/2021 10:04 AM Reviewed By:M Vu Case #21CV381288 Env #6341899 21CV381288 UD-100 PLAINTIFF: James Schoenbom, Successor Trustee DEFENDANT: Leonard Schoenbom CASE NUMBER: 6. a. 7. 8. On or about (date): November 14. 2019 defendant (name each): Leonard Schoenbom, who had been a guest of his then deceased father, became a hold-over occupant or lodger, with no permission or authorization to remain in place. b. d. (1) agreed to rent the premises as a (2) agreed to pay rent of $ (3) agreed to pay rent on the This || written | x I oral (1) |[ plaintiff. (3) (2) |_| plaintiff's agent. (4) The defendants not named in item 6a are (1) | I subtenants. (2) [ | assignees. (3) || Other (specify): The agreement was later changed as follows (specify): The trust seeks occupancy only, and shall offset the month-to-month tenancy || other tenancy (specify): payable | | monthly || other (specify frequency): first of the month |_| other day (specify): agreement was made with xl plaintiffs predecessor in interest. Other (specify): e. f. value of Defendant's occupancy from his financial share of trust distribution of assets. A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6fis checked. See Code Civ. Proc., § 1166.) I I (For residential property) A copy of the written agreement is not attached because (specify reason): (1) | I the written agreement is not in the possession of the landlord or the landlord's employees or agents. (2) | | this action is solely for nonpayment of rent (Code Civ. Proc., § 1 161(2)). The tenancy described in 6 (complete (a) or (b)) a. | x | is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946. 2). The specific subpart supporting why tenancy is exempt is (specify): Defendant is hold-over guest, with no written agreement or authorization b. |_| is subject to the Tenant Protection Act of 2019. (Complete only if item 7b is checked. Check all applicable boxes.) a. |_| The tenancy was terminated for at-faultjust cause (Civil Code, § 1946.2(b)(1)). b. | | The tenancy was terminated for no-faultjust cause (Civil Code, § 1946. 2(b)(2)) and the plaintiff (check one) (1) | I waived the payment of rent for the final month of the tenancy, before the rent came due, under section 1946.2(d)(2), in the amount of $ (2) | | provided a direct payment of one month's rent under section 1946. 2(d)(3), equaling $ to (name each defendant and amount given to each): c. I_I Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action. 9. a. |_j(J Defendant fname eacft;; Leonard Schoenbom was served the following notice on the same date and in the same manner: (1) F] 3-day notice to pay rent or quit (5) | | 3-day notice to perform covenants or quit (2) |-| 30-day notice to quit (not applicable if item 7b checked) (3) HH 60-day notice to quit (6) t^ 3-day notice to quit under Civil Code, § 1946. 2(c) (4) | [ 3-day notice to quit Prior required notice to perform covenants served fdate;; (7) |-| Other (specify): UD-100 (Rev. September 1, 2020] COMPLAINT-UNLAWFUL DETAINER Page 2 of 4 UD-100 PLAINTIFF: James Schoenbom, Successor Trustee DEFENDANT: Leonard Schoenbom CASE NUMBER: 9. b. (1) On ('date^; April 19, 2021 the period stated in the notice checked in 9a expired at the end of the day. (2) Defendants failed to comply with the requirements of the notice by that date. All facts stated in the notice are true. The notice included an election of forfeiture. c. d. e. A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166. When Civil Code, § 1946. 2(c), applies and two notices are required, provide copies of both.) f. [_I One or more defendants were served (1) with the prior required notice under Civil Code, § 1946. 2(c), (2) with a different notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a statement providing the information required by items 9a-e and 10 for each defendant and notice.) 10. a. [x| The notice in item 9a was served on the defendant named in item 9a as follows: (1) I X I By personally handing a copy to defendant on (date): February 18, 2021 (2) | | By leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's I I residence | | business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. (3) | | By posting a copy on the premises on (date): AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date): (a) | | because defendant's residence and usual place of business cannot be ascertained OR (b) | | because no person of suitable age or discretion can be found there. (4) | | (Not for 3-day notice: see Civil Code, § 1946, before using) By sending a copy by certified or registered mail addressed to defendant on (date): (5) | | (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written commercial lease between the parties b. |_| (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. I I Information about service of notice on the defendants alleged in item 9fis stated in Attachment 10c. d. | | Proof of service of the notice in item 9a is attached and labeled Exhibit 3. 11. I_| Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 12. | | At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 13. |_| The fair rental value of the premises is $ per day. 14. | | Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.) 15. | | /A written agreement between the parties provides for attorney fees. 16. | | Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plaintiff has met all applicable requirements of the ordinances. 17. | | Other allegations are stated in Attachment 1 7. 18. Plaintiff accepts the jurisdictional limit, if any, of the court. UD-100 [Rev. September 1. 2020] COMPLAINT-UNLAWFUL DETAINER Page 3 of 4 PLAINTIFF: James Schoenbom, Successor Trustee DEFENDANT: Leonard Schoenbom CASE NUMBER: 19. PLAINTIFF REQUESTS a. possession of the premises. b. costs incurred in this proceeding: c. I [ past-due rent of $ d. | | reasonable attorney fees. e. | | forfeiture of the agreement. g. damages in the amount of waived rent or relocation assistance as stated in item 8: $ damages at the rate stated in item 13 from date: for each day that defendants remain in possession through entry of judgment. h. | | statutory damages up to $600 for the conduct alleged in item 14. i. I I other ('spec/fy/' 20. | x I Number of pages attached (specify): 9 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 21. | x| CComp/ete/n a//cases. ; An unlawful detainer assistant HH did not || did for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from an unlawful detainer assistant, complete a-f.) a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): Date: April 29, 2021 Harry I. Price. Esq. (TYPE OR PRINT NAME) (srIG^fUReoF'PLAINTTF VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF) UD-100 [Rev. September 1. 2020] COMPLAINT-UNLAWFUL DETAINER Page 4 of 4 HH ILAWFIRMI 11 -7 1, 4| 5| 6| 7| 8| 9| 10| Ill 12| 13| 14| 15| 16| 171 18| 19| 201 21| 77 231 24| 251 26| _7| (VERIFICATION - C. C.P. §§446, 2015. 5) VERIFICATION I am the attorney for Plaintiff. James Schoenborn, Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991, in this action. James Schoenbom, Successor Trustee, is absent from the County where I have my offices, and I make this verification for and on behalf of Plaintiff James Schoenbom, Trustee for that reason. I have read the Complaint - Unlawful Detainer and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, as to which matters I believe them to be true. I declare, under penalty, that the foregoing is true and correct. Executed on April 29, 2021, at Los Altos, California. Hany I. Price, Esq. Schoenbom, Trustee v. Schoenbom ~ Case No. Verification by Attorney 60-Day NOTICE OF TERMINATION OF TENANCY TO: Leonard Schoenborn, and to all tenants and occupants in possession of the premises described as: 1453 Wessex Avenue, Los Altos, CA 94024 YOU WILL PLEASE TAKE NOTICE that your month to month tenancy of the hereinafter described premises is terminated sixty (60) days following the date of service upon you of this Notice. YOUR FAILURE to comply with this Notice will result in the immediate institution of legal proceedings against you to recover possession of the premises, together with damages, attorney's fees and court costs. Should you fail to comply with this NOTICE, an unlawful detainer action will be commenced against you pursuant to the provisions of California Code of Civil Procedure Section 1161a(b)(4), and the above relief will be sought. YOU HAVE THE LEGAL RIGHT to request an initial inspection of your unit and be present during the inspection. The purpose of this inspection is to allow you the opportunity to correct any deficiencies in the unit in order to avoid deductions from the security deposit. Please contact the undersigned to request an initial inspection. State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs wilt be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out. See "TENANT NOTICE TO LANDLORD OF EVICTION PROTECTION," attached - and return if applicable. You are to deliver possession of the premises to Mr. James Schoenborn, Trustee (landlord). To accomplish confirmation of the delivery of possession, the name, telephone number, and address of the landlord to whom the confirmation shall be provided can be made by personal delivery during the hours of 9:00 a.m. to 5:00 p. m. Monday through Friday (excluding holidays) is as follows: Mr. James Schoenborn, Trustee (landlord) c/o Harry PRICE LAW FIRM 40 Main Street Los Altos, California 94022 650-949-0840 Price, Esq. Dated February j/^2021 Harry 1. Price^ttorney for Landlord Attachment 1: County Required Forms TENANT NOTICE TO LANDLORD OF EVICTION PROTECTION Tenants: If you are unable to pay some or all of the rent due because of the COVID-19 pandemic, you are required to notify your landlord no later than 14 days after rent is due. that you need to delay payment. You are required to provide your landlord with documentation of income loss and/or medical expenses because ofCOVID-19. You can use the following form for this puq^ose. If you are served with an eviction notice, you can also use the form to inform the landlord that you are eligible for protection under local ordinance. This form must be provided to your landlord within 14 days after receiving an eviction notice. You should keep a copy of all notices and any documentation you provide to your landlord. Mr. James Schoenbom. Trustee (landlord) c/o Ham' I. Price. Esq. PRICE LAW FIRM 40 Main Street Los Altos. California 94022 [Landlord's Name and Address] D I am seeking protection against eviction for non-payment of rent related to COVID-19 D My income has been negatively impacted by COVID-19 due to the following: d Job Loss D Missing work to care for a child due to school closure D Reduction of hours D State or local emergency action that prevents me from working D Missing work to care for a family member infected with CO VID-19 D Out-of-pocket medical expense D Other (explain): D I am providing additional documentation of my loss of income or out-of-pocket medical expenses: D Letter or email from employer citing COVID-19 as a reason for reduced work hours or termination D Paycheck stubs from before and during the COVID-19 pandemic D Bank statements showing financial situation before and during the CO VID-19 pandemic D Other proof(s) of loss of income: D I am seeking protection against eviction for violation of occupancy limits because a member of my immediate family moved in due to COVID-19. D I am seeking protection against no-fault eviction. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Tenant's signature Print tenants name Tenant's address REQUIRED STATEMENT OF REASON FOR TERMINATION OF TENANCY OR EVICTION AND NOTICE OF SMALL BUSINESS TENANTS' RIGHTS (Per County of Santa Clara Ordinance No. NS-9.287, as amended by Ordinance Nos. NS-9. 288, NS-9. 289, NS-9. 292 and NS-9. 293) Ordinance Nos. NS-9.288, NS-9.289, NS-9.292 and NS-9.293) The County of Santa Clara has enacted a moratorium on evictions for non-payment of rent where small business tenants have incurred substantial income loss and/or substantial out-of-pocket medical expenses as a result of the COVID-19 pandemic. As of September 1, 2020, this moratorium protects small businesses. Many residential tenants now qualify for eviction protection under state and federal law. Under the County Ordinance, a landlord is required to add to any notice to terminate a tenancy (such as a 3-day notice to pay or quit, or a 30- or 60-day notice) the following: 1. The reason for the termination of the tenancy or eviction; 2. A notice of the tenants' rights under the Ordinance; and 3. A notice of emergency rental assistance programs. The above information must be supplied on this form. Reason for Termination of Tenancy or Eviction Please state the reason(s) for termination of tenancy or eviction (to be filled out by Landlord/property owner): Occupant has been a lodger at the property that has been owned by his now deceased parent, and has remained without consent of, and over the objections of, the estate. The fair market rental value is in excess of $160. 00 per day, from Nov. 14, 2019, the value of which shall be offset from any distribution of the estate to Occupant. The estate seeks to sell the property, and requires that Occupant vacate the premises. Page 1 of 3 REQUIRED STATEMENT OF REASON FOR TERMINATION OF TENANCY OR EVICTION AND NOTICE OF SMALL BUSINESS TENANTS' RIGHTS (Per County of Santa Clara Ordinance No. NS-9.287, as amended by Ordinance Nos. NS-9.288, NS-9.289, NS-9.292 and NS-9.293) Notice of Tenants' Rights On March 24, 2020, the County enacted Ordinance No. NS-9.287, which temporarily bans evictions for non-payment of rent if you, a small business tenant, demonstrate that you have suffered a substantial loss of income or substantial out-of-pocket medical expense due to the COVID-19 pandemic. As of September 1, 2020, this eviction moratorium applies to small business tenants and has been extended until March 31, 2021. If you qualify for protection under the Ordinance, your landlord cannot evict you for non- payment of rent if: 1. You are unable to pay your rent because of substantial loss of income resulting from the COVID-19 pandemic; or 2. You are unable to pay your rent because of substantial out-of-pocket medical expenses for yourself or an immediate family member resulting from the COVID- 19 pandemic. If you qualify for protection under the Ordinance, you have rights that relate to your repayment ofpast-due rent. These are: 1. You have up to 6 months from the date the Ordinance expires or is terminated to repay at least 50% of your past-due rent; 2. You have up to 12 months from the date the Ordinance expires or is terminated to repay all of your past-due rent; and 3. A landlord cannot charge a late fee and/or penalties for rent that was deferred as a result of the Ordinance so long as you repay your rent according to this timeline. You should notify your landlord in writing that you are unable to pay your rent due to COVID- 19 as soon as possible. The County has a form you may use to notify your Landlord, which you can find on the County website at: bit. lv/scctenant. You can show your inability to pay through documentation such as closure of business or reduced business income, bank statements or other financial documents. (The Ordinance lists other examples.) If you are served with a notice of eviction during the moratorium, you have the right to: 1. Receive this Notice as well as all other legally required notices; 2. Receive the reason for the termination of tenancy or eviction in writing; and Page 2 of 3 NOTICE OF SMALL BUSINESS TENANTS' RIGHTS (Per County of Santa Clara Ordinance No. NS-9.287, as amended by Ordinance Nos. NS-9.288, NS-9.289, NS-9.292 and and NS-9.293) 3. Receive information on emergency rental assistance programs. For more information, please refer to the Frequently Asked Questions on the County website at: bit. lv/sccemfaqs. You should also seek legal help to understand your rights and responsibilities under the Ordinance. A list of emergency rental assistance programs is available on the County website at: bit. lv/sccemresources. Page 5 of 3 COVID-19 Tenant Relief Act Notice pursuant to Code of Civil Procedure Sections 1179.01 - 1179.07] NOTICE FROM THE STATE OF CALIFORNIA: The California Legislature has enacted the COV1D-19 Tenant Relief Act of 2020 which protects renters who have experienced COVID-19-related financial distress from being evicted for failing to make rental payments due between March 1, 2020, and January 31, 2021 . "COVlD-19-related financial distress" means any of the following: 1. Loss of income caused by the COVID-1 9 pandemic. 2. Increased out-of-pocket expenses directly related to performing essential work during the COV1D-19 pandemic. 3. Increased expenses directly related to the health impact of the COVID-19 pandemic. 4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit your ability to earn income. 5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic. 6. Other circumstances related to the COV1D-19 pandemic that have reduced your income or increased your expenses. This law gives you the following protections: 1. If you failed to make rental payments due between March 1, 2020, and August 31. 2020, because you had decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted based on this nonpayment. 2. If you are unable to pay rental payments that come due between September 1, 2020, and January 31, 2021, because of decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted if you pay 25 percent of the rental payments missed during that time period on or before January 31, 2021. You must provide, to your landlord, a declaration under penalty of perjury of your COVID-19-related financial distress attesting to the decreased income or increased expenses due to the COVID-19 pandemic to be protected by the eviction limitations described above. Before your landlord can seek to evict you for failing to make a payment that came due between March 1, 2020, and January 31, 2021, your landlord will be required to give you a 15-day notice that informs you of the amounts owed and includes a blank declaration form you can use to comply with this requirement. If your landlord has proof of income on file which indicates that your household makes at least 130 percent of the median income for the county where the rental property is located, as published by the Department of Housing and Community Development in the Official State Income Limits for 2020, your landlord may also require you to provide documentation which shows that you have experienced a decrease in income or increase in expenses due to the CO VID-19 pandemic. Your landlord must tell you in the 15-day notice whether your landlord is requiring that documentation. Any form of objectively verifiable documentation that demonstrates the financial impact you have experienced is sufficient, including a letter from your employer. an unemployment insurance record, or medical bills, and may be provided to satisfy the documentation requirement. It is very important you do not ignore a 1 5-day notice to pay rent or quit or a notice to perform covenants or quit from your landlord. If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, you could be evicted. You could also be evicted beginning February 1, 2021, if you owe rental payments due between September 1, 2020, and January 31, 2021, and you do not pay an amount equal to at least 25 percent of the payments missed for that time period. For information about legal resources that may be available to you, visit lawhelpca.org. 1 ATTORNET OR PART/ WFTHOUT ATTORNEY (Name and Address) TELB3HONE NUMBER Harry Price SBN 077817 (650) 949-0840 Price Law Rrm 40 Main St Los Altos, CA 94022 AT^OR^EY FOR Requester SHORT TH1.E OF CASE Schoenborn, Trustee, James DATE TIME DEP./DIV. Declaration of Service of Notice to Tenant FOR COURT USE ONLY CASE ̂ !U^BER Not Applicable Ref. No. or File No- Schoenborn v. Trust Matters I, the undersigned, declare that I served the tenant with the: 60-Day Notice of Termination of Tenancy; Required Statement of Reason for Termination of Tenancy or Ewction; COVID-19 Tenant Relief Act Notice; On: 2/18/2021 At: 05:56 PM By personally delivering a copy of the notice to the following tenant. To: Leonard Schoenborn fit: 1453WessexAve, Los Altos, CA 94024 Person who serwed papers: a. Name: Jorge Hemandez b. Address: 500 Allerton Street Suite 105, Redwood City, CA 94063 c. Telephone number: (650) 364-9612 d. The fee for this service was: 110.00 e. I am: (3) P<1 a registered California process server (i)P<| Employee (it) Registration No.: (iii) County: 0 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. S W I * F T '^^' ??< Jorg^H^rfiandez Date: 02/19/2021 Declaration of Service of Notice to Tenant Invoice #; 4282571 UDv-‘l 05 ATmRNEY 0R PARTY WITHOUT ATTORNEY STAIE BAR NUMBER: EOSSTB FOR COURT USE ONLY NAME: Jay A. Christofferson HRM NAME: Wanger Jones Helsley PC STREET ADDRESS: 265 E. River Park Cit. Suite 310 cm; Fregm STATE: CA ZIP 000E: 937'20 ?ELEPHONE N0; 559-233-4800 FAX N0: 559433-9330 E-MML ADDRESS: fchristofferson@wjhattorneys.com ATTORNEY FOR {name}: Leonard Schoenbom SUPERIOR COURT 0F CALIFORMA, COUNTY 0F SANTA CLARA smear Anmess: 191 North First Street MAILING ADDRESS: ' cm‘ mun ZIP cons: San Jose 951 1 3 BRANCH NAME: Civil Division PLAINTiFF: James Sohoenborn. Successor Trustee ofthe Schoenborn Famlly Living trust DEFENDANT: Leonard Schoenborn _ . CASE NUMBER- ANSWER-UNLAWFUL DETAINER 21CV351233 1 . Defendant (3N defendants for whom this answer r's filed must be named and must sign this answer unfess thezr an‘omey signs): Leonard Schoenbom ' answers the compiaint as follows: 2. DENIALS (Check ONLYONE of the next two boxes.) a. Genera! Denial (Do not check this box if the compfaint demands more than $1,000.) Defendant generaliy denies each statement of the complaint and 0f the Mandatow Cover Sheet and Supplemental! Aflegations-aUniawfu! Defamer (form UD-1 O1 J. b. [1:] Specific Denials (Check this box and complete (1) and (2) below r‘fcomhfaint demands more than $1,000.) Defendant admits that all of the statements of the complaint and of the Mandatory Cover Sheet and Suppiemenra! Aflegafions-Unfawful Defamer (form UD~101} are true EXCEPT: ('1) Dania} of Allegations In Comptaint (Form UD-‘i 00 or Other Complaint for Unlawful Detalnar) (a) Defendant claims the foiiowing statements of the compiaint are false (state paragraph numbers from the compfainr or explain befow 0r, ff more room needed, on form M0025):D Explanation Is 'pn form MC-025. tified as Attachment 2b(1){a). (b) Defendant has no information or belief that me foitowlng statements of the complaint are true, so defendant denies them (stare paragraph. numbers from {he complaint or explain below or, if more room needed, on form MC-025):E Explanétibn is on form MC-025. titled as Attachment 2b(1){b). (2) Denial of Ailegafions in Mandatory Cover Sheet and Supplemental AilegationswUnfawfu! Defamer (form UD-1 01) (a) E] Defendant dlci not receive piaintiffs Mandatory Cover Sheetand Suppfementa! Allegations (form UD-101), (If not checked, campiete (b) and (0).) (b) Defendant claims the following statements on the Mandatory Cover Sheet and Supplementa! Allegations-Unlawfu! Detainerfiorm UD-101) are false (state paragraph numbers from form UD-faf or explain beiow or, ifmore room needed, on form M0025): E Exptanation ls on form MC-UZS, titled as Attachment 2b(2)(b)‘ (c) Defendant has no-information or ballet that the foilowing statements on the Mandatory Cover Sheet and Suppfementa! AHegafionsMUnlawful Defamer (form U040?) are true. so defendant denies them (state paragraph numbers from form UD-fOf :or'exprain beiow or, ifmore room needed, on form MC-O25):B Explanathn Es on form M04325, titled as Attachment 2b(2)(c). . Page 1 of 5 _ Civil Coda. § 1940 el seq: F rm A raved for 0 [Ional Use . Jfiaaaféwnmma‘imm ANSWER-UNLAWFUL DETAINER cedefigquggggwgggggfig. UD-iofi {Ram Fabwmy 15. 20211 mmgflgm FILED County of Santa Clara Superior Court of CA Clerk of The Court 21CV381288 By: MVu 6/1/2021 {10-105 CASE NUMBER: 21CV381288 3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you must state brief facts t0 support 1'! in item 3t (on page 3) or, if more room is needed: on form MC-025. You can learn more about defenses and objections at wmmgfis, ca,govgsefffletp-svfctiogfitm J a. a (Nonpayment ofrenf oniy} Piaintiff has breached the Warranty to provide habitabie premises. b. D (Nonpaymenf ofrem‘ only) Defendant made needed repairs and properly deducted the cost from the rent. and plaintiff did not give proper credit C. E (Nonpayment ofrenr onfy) On (date): before the notice to pay or quit expired. defendant offered the rent due but plaintifimuld not accept it. d. m Plaintiffwaived, changed, or canceled the notice to quit. e. Plaintiff served defendant with the notice to quit or flied the complaint to retailate against defendant. f. [:j By serving defendant With the notice to quit or fiiing the complaint. pialntifi Is arbitrarily discriminating against the defendant in violation ofthe Constitution or the iaws ofthe United States or California. g. E Pialntlff‘s demand for possession violates the focal rent control or eviction contra! ordinance of (city or county, Effie of ordinance, and data ofpassage): (Also, briefly stare In item 3t the facts showing violation of the ordinance.) h. Plaintiffs demand for possession ls subject to {he Tenant Protection Act of 2019, Civii Code section 1946.2 or 194?.12. and is not in compliance with the act. (Check 3H that apply and bn‘efly state in item 3t the facts mat support each.) (1) E Plaintiff failed to state a just cause for termination of tenancy in the written notice to terminate. (2) E Plaintiff failed to provide an opportunity to cure any alleged violations of terms and conditions of the lease (other than payment of rent) as required under Civ. Code, § 1946.2(0). (3) m Plaintiff faiiad to'compiy with the reiocation assistance requirements of Civ. Code, § €946.36). {4) [:3 Plaintlff has raised the rent more than the amount aliowed under Civ. Code, § 1947.12, and the onty unpaid rent is the unauthorized amount. (5) Piaintlff violated theTenant Protectlon Act in another manner that defeats the complaint. i, D Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired. j. D Plaintiff seeks to evict defendant based on an act against defendant or a member ofdefendant‘s household that constitutes domestic violence, sexua! assault. stalking, human trafficking, or abuse of an elder or a dependent aduit. (This defense requires one of the following: (1) a temporary restraining order, protective order, or pause report man‘s not more than 180 days old; OR (2) a signed statement from a qualified third party (3.9., a doctor, domestic violence or sexuaf assault counselor, human trafiicking caseworker; or psychologist) concerning the Injuries or abuse msumng from these acts» _ ' k. D Plaintiff seeks to avid defendant based on defendant or another person caning the po¥ice or emergency assistance (6.9., ambuiance) by or on behalf of a victim of abuse, a victim of crime, or an individual In an emergency when defendant or the other person believed that assistance was necessary. L E Plaintiff‘s demand for possession of a residentia! property ls in retaliation for nonpayment of rent or other financial obligations due between March 1 , 2020. and June 30. 2021, even though alleged to be based on other reasons. (Civ, Code, § 1942.5(d).) m.D Plaintiffs demand for possession of a residential property is based on nonpayment of rent or other financiai obligaiions due between March 1. 2020, and June 30, 2021, and (check afi that apply): ' <1) [:1 Ptaintifrdid nbt serve the genera: notice of rights under the cowme Tenants Reziemct as required by Code o: Civia Procedure section 1179.04. (2) [j Piaintifi did not serve the required 15-day notice. (Code Civ. Proc., § 1179.03(b) or (0).) (3) E Plaintiff did not provide an unsigned declaration of COVID-19-related financial! distress with the 15~day notice. (Code Civ. Proa, § 1179.03(d).) (4) m Plaintiff did not provide an unsigned deciaration of COVID-19-related financial distress in the language in which the Eandiord was required to provide a transtation of the rental agreement. (Code Clv. Proc., § 1179.03(d).) UD-wfilRav.Februury 16.2021] - ANSWERHUNLAWFUL DETAINER Pagazofs UD-1 05 CASE NUMBER: 2 1 CV381 288 m. [5) E Ptaintifi identified defendant as a "high-income tenant” in the 15-day notice, but piaintiff did not possess proof at the time the notloe was served estabfishing that defendant metthe definition of highuincome tenant. (Code Civ. Proc., § 1179‘02,5(b).) (6} (a) m Defendant deiivered to plaintiff one or more deciarations of COVIDA Q-relaied financia? distress. (Code Civ. Prom, § 1 179.03(f).) {Describe when and how defivered and check e]! other items below {hat apply): (b) a Piaintif‘f‘s demand for payment includes late fees on rent or other financiai obklgations due between March 1, 2020, and June 30. 2021. (c) i I Piaintifi's demand for payment includes fees forsarvices thatwers increased or hot previously charged. (d) E (For cases fired after June 30, 2021) Defendant. on or before June 30, 2021. paid or offered plaintiff payment of at least 25% of the tote! rental payments that were due between September 1. 2020, and June 30, 2021, and that were demanded in the termination notices for which defendant delivered the declarations described in (a). (Code Civ. Prom, § 1179.03(g)(2).) (7) E Defendant is currentiy filing or has already filed a declaration of COVID-wmreiated financial distress with the court. (Code Civ. Proc.. § 11790369.) n. [33 (For cases fired before Juiy 1, 2021) Plaintiffs demand for possession of a residentiai tenancy is based on a reason other than nonpayment of rent or other financiai obiigations, and plaintiff lacks gust cause fortermination of the tenancy} as defined in Civil Code section 1946.263) or Code of Civil Procedure section 1 179.03.5(a}(3)(A). 0. Plainilff violated the GOVIDJIQ Tenant Relief Act (Code Civ. Prou. § 1179.01 et seq.) or a local COVIDJQ -retated ordinance regarding evictions in some other way (briefly state facts describing this In Item 3t). p. [j Defendant provided plaintiff with a deciaration under penaity of perjury for the Centers for Disease Control and Prevention‘s temporary hait In evictions to prevent further spread of COVIEMQ (85 Federai Register 55292 at 5529?). and plaintiff's reason for termination of the tenancy is one that the temporary halt in evictions applies to. (Describe when and how provided): q. D Plaintiff violated the federal CARES Act, because the property Es covered by that act and (check af! {hat appiy): (1} [:3 The federaily backed mortgage on the property was In forbearance when plaintiff brought the action. (15 U.S.C. § 9057,) (2) E] The plaintiff did not give the required 30 days‘ notice. (15 U.S.C. § 9058(0).) r. m Piaintiff improperly appiied payments made by defendant in a tenancy that was in existence between March 1. 2020, and June 30, 2021, as fofiows (check a?! thatappiy): (1) E] Plaintiff appiied a Security deposit to rent due without tenant's written agreement. (2) D Between March 1. 2020. and June 30, 2021, plaintiff applied a monthly rantai payment to COViD-w-reiated debt otherthan to the prospective month‘s rent. without tenant's written agreement. s. Other defenses and objections are stated in Item 3t. umosiaev. Femuazy 1e. 2021: - . . ANSWERMUNLAWFUL DETNNER Page 3 eta UD-1 05 CASE NUMSER: 2‘1 CV381 288 t, (Provide facts for each Hem checked above, aim er below or, if more room needed, on form MC-025): Description of facts or defenses are on form M0025, titied as Attachment 31. The above-entitled action seeks to evict Leonard Schoenborn from a property that he partially owns. On Apr” 11, 1991. the propeny at issue herein was transferred to the Schoenhorn Famiiy Living Trust by Leonard Schoenbom's parents . Through a series ofsuccessor £rusts. the property at issue herein ended up En the Family Bypass Trust. By the terms of the Family Bypass Trust. upon the death of Leonard Schoenborn‘s last surviving parent, the assets of the Trust belong to the parents' then- Iiving descendants. by right o'f representation. In accordance with succession by right of representation, Leonard Schoenbom and his two living brothers each hoid a H3 interest in the property at issue herein. By default, this ownership is as tenants-in- common, and thus, Leonard Schoenborn has a legal right to occupy the property. Additional Facts Provided in'Attachment 3t. 4. OTHER‘STATEMENTS a. b. G. D Defendant vacated the premises on (date): The fair rentai vaiue of the premises alleged in the complaint is excessive (explain below or, if more room needed, on form M0025):E Explanation is on form M0025, titled as Attachment 4b. Leonard Schoenbom is informed and beiteves that fair rental vaiue for the premises is approximateiy $2,500 per month or $83 per day. Piaintlff ciaims rental value of $160 per day. which ls doubie the fair market vaiue rent. D Other (spasm; below or, ff more room needed, on form MC-025): | ! Other statements are on form M0025, titled as Attachment 4o. 5. DEFENDANT REQUESTS. a. . costs incurred En this proceeding.b c d CD that piaintifftake nothing requested in the complaint. reasonable attorney fees. that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach ofthe warranty to provide habitabie premises and (2) reduce the monthly rent to a reasonabie rental vaiue until the conditions are corrected. E] Other (specffi/ below or on form M0025):m Ali other requests are stated on form M0025, titled as Attachment 59. 6. Number of pages attached: ’1 1.113.105 [Rem February 16. 2021] _ ANSWER_UNLAWFUL DETAiNER Page 4 c! 6 UD-‘i 05 case NUMBER 21 CV381 288 UNLAWFUL DETAINER ASSISTANT (Bus. a Prof. Code, §§ 64004415) 7. (Must‘be completedin aw oases.) An uniawfu! detainer assistant did not D did for compensation give advice or assistance with this form. (If defendant has received any help or advice for pay from an unlawful detainer assistant, state): a. Assistant‘s name: ' b. Telephone number: c. Street address, city, and zip code: d. County of registration: e. Registration number: f. Expiration date: war unfess defendant’s attorney signs.)(Each defendant for whom this answer Is fired must be named {n item 1 and must sign (his Jay A. Christofferson } L” A [TYPE OR PRWT NAME} {SIGNTEJfé DEFENDANT OR ATTORNEY} (TYPE oa9mm NAME) {stem’gjhe 0F DEFENgAm 0R anonnav) VERIFICA'HON (Use a different verification form r‘f the vermoation is by an attorney or for a corporation or padnershfp.) l am the defendant In this proceeding and have read this answer. l declare under penalty of perjury underthe laws of the State of Caiifomla that the foregoing ls true and correct. Date: lune 1, 2021 Leonard Schoenbom ’ XS/ Leonard Schoenborn {TYPE OR PRINT NAME} (SIGNATURE 0F DEFENDANT) Page 5 of 5 UD-wfi lRev- February 16. 2021: ANSWER-UNLAWFUL DETAJNER M0025 SHORT TITLE: CASE NUMBER:- Schoenbom v. Schoenborn ' 210V381288 ATTACHMENT (Number): 3t (This Attachment may be used with any Judicia! Councfl form.) Leonard Schoenbom holds a a present interest in the property as a beneficiary of the Schoenbom Family Living Trust, the Plaintiff, as Tmstee of said Tlust, holds the property in a constructch trust for the benefit 0f Leonard Schoenbom. Accordingly, Plaintiff cannot remove Leonard Schoenbom from the property. Naxt, Leonard Schoenbom was never a tenant of the property. Leonard Schoenbom was never party to a rental agreement, nor does he have any rent payment obligation to Plaintiff. Without a lease agreement, an unlawful detainer action is procedurally inappropriate. Rather, as noted above, Leonard Schoenborn holds a right to occupy the property as an owner of the property. Therefore, the present unlawful detainer action cannot be used t0 remove Leonard Schoenbom fi'om the property. ‘ (If the item that this Attachment concerns is made under penalty ofpedury, all statements in this Page 1 of 1 Attachment are made under penaity ofpequry.) (Add pages as required) Form proved for OplIonaJ Use ATTACHMENT mmmmmcagav Judie a] Council of Caiifamia - moms [rm July 1. 20091 to Judicial Council Form \DOOHO‘th-h-UJNr-A NNNNNNNMMMr-Ar-ln-lr-LHr-dmh-ta-n OONJO‘xUI-Fhml‘oi-‘OfiOOQQUI-bmwr-‘O PROOF OF SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, California. I am over the age 0f 1 8 years and am not a party t0 this case. On the date indicated below, I served the foregoing document(s) desclibed as ANSWER --UNLAWFUL DETAINER on all interested parties in this action by placing a true copy theleof enclosed 1n sealed envelopes addlessed as follows: Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: ha1*ry@priceslaw.com X (BY MAIL) I am readily familiar with the business‘ practice for collection and processing 0f correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service 0n the date noted below in the ordinary course 0f business, at Fresno, California. (BY FACSIMILE) I caused such document(s) t0 be transmitted t0 the addlessee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported as complete and without er101 (BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be scanned into pdf format and sent Via electronic mail t0 the electronic mail address(es) 0f the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above~referenced envelope(s) t0 be delivered t0 an overnight courier service for delivery t0 the addressee(s). X (STATE) I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed 011 June 1, 2021, at Fresno, California. 2 f j 5/; 7:5": . fl a._-:. }f,’/?/){ YifL;{??;h! / gfz}éxg&-J Kimberley Dodgl {8?52l002{01266493.DOCX_} AMENDED Electronically filed by Superior Court of CA, County of Santa Clara, on 6/8/2021 4:21 PM Reviewed By:M Vu Case #21CV381288 Env #6608047 UD-‘lOS moans? on PARTY wmoumvronNfiv arm: om NUMBER: 203378 ran counrusnomv NAME: Jay A. Christofferson FIRM NAME: Wenger Jones Helsley PC smearhomem- 265 E. River Park Gin. Suite 310 mm Fromm mm: GA zIP 0095: 93720 ?ELEPHONE N0: 659~233v4800 FAX m: 669233-9330 2+th ADDRESS: [ohrlsfofl'arson@wfhaltomnysmm moanav rontnanw): Leonard Sohoenbom SUPERIOR COURT 0F GALIFORNIA, COUNTY 0F SANTA OLARA srREEImoms: 191 North First Street mum Anmzss: - cm‘ mom? cons: San Jose 95113 unmoumus: Oivlt Divlslon PLAINflFF: James Schoenberg}. Sucmeor Tmslee oflhe Schoenborn Family Living lmal DEFENDANT: Leonard Soiioanbum ' ' OAGBNUMWR‘AMENDED Ansng-UNLAWFUL DETAINER 210/3812“ 1 . Delandant (all defendants for whom (his enawar Is filed must bo namedand mustsign (his answar unless (hair attorney signs): Leonard Sehbenbom h anavms the complaint as follows: 2. DENIALS (check ONLY ONEloo nexttwo boxes.) a. General Dania! {Do notebook this box Ifthe oompiemt demands more than $1.000.) Defends nt gonoraliy denles each aialement ofihe cumpiaint and of lhe Mandarmy CoverShea! and Supplemental AlleyaflonwUnisMu! Detainer {form U0401 ). b. D Specific neulals (Check (his box and complete (1) and (2) below ifcomplain! demands mom man $1,000.) Dafendant admils that all of {he statements ofiha complaint and of me Mandaiory OoverSheet and Suppfemenla! Atlegations-Um'awrul Detalneruorm UD-1 01} are true EXCEPT: (1) Domat of Altegaflona In Complaint (Form UD-‘i 00 or Other complalm for Unlawful Detalnur) (a) Defendant claims the lollowmg statements of lhe aompiamt are false (state paragraph numbers (mm (he complaintor explain below or, Ifmare roam noodsd an {mm M0026):m Expianafion. is 'Ion farm MO~026. lffled as Aflachment 212mm). (b) Defendant has no information or ballerihauhe foltowlng statements o!the compiamt are lrue. so darandant denies iham (stale paragraphnumbers from the complaint or explain below or, ”more room needed, on form M0025): E] Exptanaflén ls on form M0026. titled as Aflaohmanmbmb). (2) Dental of Alloaatlo'lja 1n Mandatory Cover Sheet and SupplementafAilegauonswumawlui Detalnefiform UDc'I 0'1) (a) [:3 Defendant dld not receive pialntirf's Mandaiory Cover Sheet and Suppiemsnlalmlegalfons (form 00-101). (If not checked, compiefe (b) and (0)1) (b) Dalendant osalma the following statements on the Mandatory Cover Shoo!and SupglamenlalAllegallonyunlawful Defamer (form U040?) are false (stats paragraph numbers from form UD-101 or explain below or; Irmore room needed. on férm M0028): m Explanatlon ls on form MC~025. titled as Attachmanl 2b(2)(b). (c) Dafandant‘ has no-mformaelon or belletthat Ihe follewlng statements on the Mandatory Cover Sheet and suppfememal AI/ogalloann/gwflll Datam/‘(rorm UD-101) are (rue. so defendsn! denies 1hem (stats paragraph numbers from form UDa101 =or'egpialn below or, ”more room needed, on [arm MC~O25): [j EXpianqilqn I_s on form M0025. titled as Attachment 2b(2)(o). = Pa Mots _ CMOOdms 940mm;mm Answsn-uumwwwmman Mwfivmzwmzi uo-mamnv.rewu-mmm] mhmdmma} AMENDED UD-‘l 05 momev onmm wuHom anemia! snaream Mumaanz 203878 ran comer us;ONLY NAME: Jay A. Christofferson mm NAME: Wangar Jones Helsley PC smeamoukesa 265 E. River Qark Gin. Suite 310 cm: Fresno 511;ng GA ZIP CODE: 93720 TELEPHONE N0; 659-233-4800 ' FAX m: 659-233-9330 EMAIL Anoness: johrlstoflerson@wihattorneys.com nmanevsoa ram): Leonard Schoenbom SUPERIOR COURT 0F CALIFORNIA. COUNTY OF SANTA CLARA smear nomass: £91 North First Streat Mum ADDRESS: - cm Ann zuw cons: San Jose 961 13 3mm NAME: Civil Division PLAINTIFF: James Sohoenborm Successor Trustee of the Schoenbom Family leng trust DEFENDANT: Leonard Schoenbom ' ' CASENUMBER: ANSWER-UNLAWFUL DETAINER 21CV381288 1 . Defendant (all defendants forwhom this answer ls filed mustbe named and must sign (his answer unless their attorney signs): Leonard Schoenbom answers me complaint as follows: 2. DENIALS (Check ONLY ONE offlze next two boxes.) a. E} General Denial (Do norcheck (his box if the complain! demands more than $1,000.) Defendant generally denies each statement of the complaint and of the Mandatory Cover Sheet and Supplemental Allegatfonsuumawfu! Detainedform UD-101}. b. [:3 Specific Denlais (Check this box and complete (1) and (2) below ifoomblalnt demands more (hen $1,000.) Defendant admlls mat ail of the statements of the complalnt and of the Mandatmy Cover Sheet and Supplemental Allegations-«Unlawml Defamer (form UD-1o1) are irus EXCEPT: (1) Denial cf Allegatfohs in Complaint (Form U04 00 or Other Complaint for Uniawful Detalner) (a) Defendant claims the following statements of the complaint ans false (slate paragraph numbers mom the complaint or explain below or, Ifmore room needed, on form 440-026):a Expianation ts 9n form MC-025. titled as Attachment 2b('t)(a). (b) Defendant has no Informatlon or bailefthat the following statemems of the complalnt are true. so defendant denies them (state paragraph numbers {mm the complaint or explain below or, if more room needed, on form MC-o25): [:3 Exptana‘fién Is on form Mc-025. titled as Attachment 2b(1)(b). (2) Denial of Allegafsosgs |_n Mandatory cover Sheet and Supplemental Allegations-aumawful Datainer (form DEM01) (a) E Defendant did not receive piaintm's Mandatory Cover Sheetand Supplemental Allegaflons (form UD-101). (If not checked, complete (b) and (0).) (b) Defendant ciaims the foliowing statements on the Mandatory Cover sheer and Supplemental AllegationSwUnlewfuf Dotafnerflorm UD-101) are false {state paragraph numbers [mm form 00-101 or explain below or, Ir more roam needed. on form M0026): m Explanatton ls on form MC-025. tltled as Attachment 2b(2)(b). (n) Defendant has no Inform alton or beilaf the: the followlng statements on the Mandatonl Cover Sheet and Supplemental AIIegat/oann/awfu! Detalner(form UD-101) are true. so defendant denies them (sfate paragraph numbers from form 00-101 ’or'sxplam below or, I!more room needed. on form M0025):m Explanation Is on form MC-ozs, tilled as AttachmentQMZXc). . P nya 1 o! 6 0M! Coda. 6 1940 ol5m; Form Approvesto! Opflonol Um _ code o! CM! Procedure. §§ 42M: Judldm Council o! callfomin I ANSWER UNMWFUL DETAINER 1161 atum. 1 179.01 ol Ooq: ' mmurlacagov UD-IOE [Row Falmmry 16, 202.1] AMENDED UD-1 05 CASE NUMHER: 21CV38 1288 3. DEFENSES AND OBJECTIONS (NOTE: For each box checked, you mus! slate brleffaois to support” In Item 3r (on page 3) or. l! more room Is needed, on form MC-025. You can learn more about defenses and objections at W.Hd§.gg.gov[seifzzgm-gmace mm K} a. m (Nonpaymentof rent only) Plaintiff has breached the warranty to provide habltable premises. b. E] (Nonpaymem ofrent onfy) Defendant made needed repairs and properly deducted the cost from the rent. and plaintiff did not glve proper credit; o. a (Nonpaymant af rent only) 0n (date): before the notice to pay or quit expired. defendant offered the rent due but plaintlffiwould not accept It. d. CZ] Plaintiff waived, changed. or cancaiad the notice to quit. e. [X] Pialntltf served defendantwflh the notice i0 quit or flied i119 complaintto retaliate agatnstdefendani. f, [:3 By serving defendantwnh the notice to quit or filing the complaint. plalntlff Is arbitrarlly discriminating against the defendant In vlolauon ofthe Consutuiton or the laws of the United States or Californla. g. [:1 Piatnllff‘s demand for possession vtoiates the Iooat rent control or eviction control ordinance of (city or county. rifle of ordinance, and date ofpasssge): (Also, briefly state In item 3t the facts showing violation of the ordinance.) h, [E Plaintiffs demand far possession ls subject to (he Tenant Protection Act of 2019, Civil Coda section 1946.2 or 1947.12. and is not in compiiance with the act. (Check all (hat apply and briefly stare in item 3: the facts that support each.) (1) Plalntiff failed to state a just cause for temlnafion of tenancy in the written notice to termmate. (2) D Pialntiff failed to provide an opportunity to cure any alleged vioiafions of terms and conditlons o! the Iease (other than payment of ran!) as required under Clv. Coda, § 1946.2(0). (3) 5:] Plaintiff failed topomply with the relocation assistance requirements of Civ. Coda, 5 1946.2(d). (4) m Plaintiff has raised the rent more ihan tbs amount allowed under Clv. Code. § 1947.12. and the only unpaid rent ls the unauthorized amount. (5) E] Plainllfi vloiated ihaTenant Protection Act in another manner that defeats the complalnt. I. D Plaintiff accepted rent from defendant to cover a period of ilme after the date the notice to quit expired. l. 1:] Plalnflff seeks to eylot defendant based on an act against defendant or a member of defendant‘s household that constltutes domestic violence, sexual assault. stalking. human trafficking, or abuse of an elder or a dependent aduit. (This defense requires one ofthe following: (1) a temporary restraining order, protective order. or police report thatls not more than 180‘days old; OR (2) a signed statement from a qualified third party (e.g., a docior, domestic violence or sexual assault oounselpr, human trafficking caseworker. or psychotogrisz? concerning the Injuries or abuse resulting from (hese 30(3).) ‘ k. E Plalnttff seeks} to evigi defendant based on defendant or another person ceiling the poiice or emergency assistance (3.9.. ambulance) by. 0f on behalf o! a vicllm of abuse, a vlotlm of crlme. or an Individual 1n an emergency when defendant or the Omar parson believed that assistance was necessary. I. m Plaintiffs demand for possession of a residenflal property Is m retaliatlon for nonpayment of rent or other flnanolak obilgatlons due between March 1 . 2020. and June 30. 202'}. eVan though aueged to be based on other reasons. (Oiv. Code. § 1942.5(d);) m.m Plaintltfs demand for possessiOn of a residential properiy is based on nonpayment of rent or other financlal obligations due between March 1 . 2020. and dune 30, 2021. and (cheek all that apply): ‘ (1) CI] Plalnflff did n61 serve the generai notice of rights undet lha GOVID~19 Tenants Relief Act as required by Code of CMI Procedure section 1179.04. (2)U Plaintiff did not serve the required 16-day notice. (Code Civ. Prom. § 1179.03(b) or (c).) (3) a Plaintiff did not provide an unsigned decimation of COVID-1emrelatecl financlai distress with the 15-day notice. {Code ctv. Prom. § 1179.03(d).) (4) D Plaintiff dld not provide an unsigned deciaratlon of COVID-19~ralated financial distress In the language In which the landlord was required to ptovida a translation of ihe rental agreement. (Code Clv. Prom, § 1119.036”) uo-1oslnev.rabmary1o. 20211 I . ANSWERflumAWFUL DETNNER ram :ors AMENDED UD-‘I 05 cAse NUMBER: 21 CV381 288 m. (5) a Plainllff Identified defendant as a “hlgh~lncome tenant“ In the 16-day notice. but plaintlff did not possess proof at the tlme the notig’e was served establishing that defendant met the definition of htgh-income tenant. (Code Clv. Proc.. § “79.025633 (6) (a)a Defendant dellvared to plaintlfl‘ one or more declarations of COVlDAQ-reiated financial distress. (Code Clv. Prom, § 1fl79‘03(f).) (Describe when and how delivered and check alt other Items below that apply): (b) B Plalnflfi‘s demand for payment Includes Iata fees on rent or other financial obllgatlons due between March 1. 2020, gnd June 30. 2021. (c) m Piaintlfl’s demand for paymént includes fees {or services (hat ware increased or not prevleusly charged. (d) m (For cases fifed afierJune 30, 2021) Defendant on or before June 30. 2021. pald or offered plaintiff payment of at Ieast 25% of the total rentai payments mat Were due between September 1. 2020. and June 30, 2021. and that ware demanded in the termlnatlon notices for whlch defendant deiivered the deciaratlons dssertbed in (a). (Code Olv. Prom. § 1 179.03{g)(2).} (7) [:3 Defendant Ia currently filing or has already filed a decimation of COVID-1 9-reiated financial distress with the court. (Code Civ. Proc.. § 1479.03(h).} n. [>23 (For cases filed before July 1. 2021) Plaintiffs demand for possession of a residential tenancy is based on a reason other than nonpayment of rent or other financiai obligations. and pialnflff racks just cause for terminallon ofthe tenancy, as defined in OM! Code section 1946.293) or Coda of Clvll Procedure section 1379.03.5(ax3xA). o. DZ] Plalnllff vloiated the OOVID-19 Tenam Relief Act (Code Civ. Frog, § 1179.01 e! seq.) or a local OOVIDAQ -reiated ordinange regarding evictions In some oiher way (briefly state facts desorlbing this In Item 3!}. p. [:3 Dafandant provided pIalntlffwith a declaration under penalty of perjury for zhe Centers for Disease Control and Preventlon's temporary halt In evlolionsto prevent further spread of COVID-19 (85 Federal Register 55292 at 56297}. and pialntlfi’s reason farvtermination of the tenancy ls one that the temporary hall in evictions apprise to. (Describe when and how provided): - ' q. D Plaintiff vlolated the federal CARES Aci. because the property ls covered by that act and (check at! ma! appiy): (1) D The fetiaralty backed mortgage on the preperty was 1n forbearance when piarntlff broughtthe action. (15 11.3.0. $9053) (2) C] The platntlff dld not give the required 30 days' notlce. (16 U.S.O. § 9058(0).) I'. [:3 Plaintlff improperly applied payments made by defendant 1n a tenancy that was In existence between March 1. 2020. and June 30‘ 2021. as follows (check at! that apply): (1) m Pialnttff applied a Securlty deposit to rent due without tenant's written agreement. (2) m Between March .1. 2020. and June 30, 2021. plalntm appiled a monthly rental payment to COVlD-19-related deb! other than to the prospective month’s rent. without tenant's written agreement. s. m Other defenses and objections are elated In Item 3L uo-iou law. Febmq 1e.mu - -'. -. ANswER_UNLAwFUL BETA]NER Pm : ot s AMENDED UD-c105 0A3:mm3m. 2 1CV381 288 t. (Provide facts for each (fem checked abovo, eitherbalow or, lfmora room needed, on form MC-025): [3:] Description of facts pr defenses are on form MC-025. titled as Attachment 3|. The above-entilled action seeks to evict Leonard Schoenborn from a properly that he partially owns. On April 11, 1991. the pmpany at Issua herein was transferred to the Schoenbom Famity Living Trust by Leonard Schoenbom's parenls . Through a series of successor lrusis. the propeny at Issue hereln ended up In the Family Bypass Trust By the terms of the Family Bypass Trust. upon the death of Leonard Schoenbom‘s last survlvlng parent. the assets ofthe Trusl betong to the parents“ then» living descendants. by right 6f representation. In accordance wlih succession by fight of representation. Leonard Schoenborn and hls (wo living brothers each hotd a 1I3 Interest in the property at issue herein. By default. this ownership Is as tenanls-In- common, and thus. Leonard Schoenborn has a iega] right to occupy the property. Additional Fads Provided I'n'Attachmem 3t. 4. OTHER'STMEMENTS a. D Defendantvacated the premises on (date): b. m The fair renia! value of the premises alleged in the complaint ls excessive (explain below or, Ifmore mom needed, on form M04025): Explanation is on form MC«026. titled as Attachment 4b. Leonard Schaenborn l3 informed and believes that falr rental value for the premises ls approximately $2.600 per month or $83 per day. PIaIntlff claims rental value of $160 per day, whtch Is double the {air market value rent. c. D Other (specify below or, Ifmore room needed, on form M0025): l 1 Other statements are on torm M04125, {Iliad as Attachment 4o. 5. DEFENDANT REQUESTS,» a. mat plainttfftake nothkng requested 1n the complaint. b. costs Incurred m thls proceeding. c. m reasonabfe attorney fess. d. a that plainliff be ordered to (1) make repairs and correct the condlllons that conslltute a breach cf the warranty to provlda habltabte premises and (2) reduce the monthly rent to a reasonable rental Value until the conditions are corrected. e. m Other (specify below or on form M0025):a All other reqyests are slated on form M0025. titled as Attachment 59. 6. Numberofpages attached: 1 Pam 4 0' 5 Umoslnuvmebmwisflmfi _ ANSWERu-UNLAWFUL DETAINER AMENDED [10405 GM: uuuaea: 21 GV381238 UNLAWFUL DETAINER Agats'mur (Bus. & Prof. Coda. gg 6400-641 5) 7. (Mqarbe completad/n alt oases.) An unlawful datalner asslstanem 1rd not 1:2] did ‘lor campansaflon awe advice or as sxslanae with Ihls form. (Ifdefendant has recantedanyhelp oradvice forpay from arr unlamldétalner agwstafit, 8mm}: a. Assiataat's name: b. Telephona number: c. Street address, city. and zip coda: d. County of registration: a. Registration number: f. Expiration dare.- war antes: dafer'tdam's attorney Signs.) (Each defendant far whom this answer Is mad musrba named In Item 1 and mus! sign this gay A. Ghfiargfferson. (WFE 0a9mm NAME: t: (slamvie or DEFENOAm 0Rmama?) VERIFICATKON (Usa a different veflficalion form Infra ve/flicarfon Ia byan attorney arfora corporation orparmerahip.) | am the defandant In this pl'onwaing and have read this answer. 1 declare under panany of perjury under 1M laws oftha state of California that the {oregolng Is true and corned. Date: 6/1/21 Lennard Schoenbnm iTYPfi 0R PRINI' NAME] Undoamimquv M. ms: _ ANSWER~UNLAWFUL DETAINER Puma!” cm :mw ISIS 3013.40 X3033 LLsa-vss-asa taut Izaz/IBI’SQ MC~025 SHORT TITLE: case NUMBER; _ SohOenbom v. Schoenbom ' 21CV38 1 288 ATTACHMENT (Number): 3t (This Attachment may be used with any Judicial Council form.) Leonard Schocnbom holds a a present interest ‘m the property as a,beneficiary of the Sohoenborn Family Living Trust, the Plaintiff, as Tmstee of said Tmst, holds the property in a constmctivc trust for tho benefit of Leonard Schoenbom. Accordingly, Plaintiff cannot remove Leonard Schoenborn from the property. Next, Leonard Sohoenbom was never a tenant 0f the property. Leonard Schosnbom was never party to a rental agreement, 1101‘ does he have any rent payment obiigation t0 Plaintiff. Without a lease agreement, an unlawful detainer action is procedurafly inappropriate. Rather, as noted abcve, Lconard Schoeubom holds a right to occupy the property as an owner of the property, Therefors, the present unlawful detainer action cannot be used to remove Leonard Schoenbom from the property. ‘ (If the item (her this Attachment concerns is made undarpenaity ofperjmy, all statements in this Page 1 of 1 Attachment are made under penalty ofperfwy.) (Addpages as required) . mmmmmmmmmv F%S‘dfiéfi’afifiéfi? ‘éfiwfi ATTACHMENT mmsmomulymoom t0 Judicial Council Form omqoxmpmwp- NNNNNNNNNr-‘b-dh-‘r-It-tt-LHMF‘H OOQQm-PWNHOQW‘QO‘XU‘I-hWNHO PROOF OF SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, California. lam over the age 0f 18 years and am not a party t0 this case. On the date indicated below, I served the foregoing document(s) described as AMENDED ANSWER - UNLAWFUL DETAINER 0n all interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as foliows: Harry l. Price Price Law Firm 40 Main Street Los Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: han‘yggprices]aw.c0m X (BY MAIL) I am readily familiar with the business' practice for collection and processing 0f correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service 011 the date noted below in the ordinary course 0f business, at Fresno, California. (BY FACSIMILE) I caused such document(s) t0 be transmitted t0 the addressee(s) facsimiie number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the Transmission was reported as complete and without error. (BY ELECTRONIC SERVICE) I caused the foregoing document(s) t0 be scanned into pdf format and sent via electronic mail t0 the electronic mail address(es) 0f the designated addresseds). (BY OVERNIGHT COURIER) I caused the above-referenced envelope(s) t0 be delivered t0 an overnight courier service for delivery t0 the addressee(s). X (STATE) I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n June 8, 2021, at Fresno, California. {‘;‘“f:\}1.. :(fi.m" ‘ 'n x xi , f ‘l ‘ 1 I iv Kimb“ rléy Doc‘idu’f‘f ‘ {8752/002/0 1266493.DOCX} k») \D 00 “-4 -C\ (J: «fl 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WANGER JONES HELSLEY PC 26S E. River Park Circle, Suite 310 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 Jay A. Christofferson #203878 2.7.6???istofferm@wihaflowvs-90m Giulio A. Sanchez #317329 £39mch¢z@wi.hatrqwew-90m Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Case #21 CV381 288 Envelope: 6835081 Attorneys for: Defendant LEONARD SCHOENBORN SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA JAMES SCHOENBORN, as Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991, Plaintiff, V. LEONARD SCHOENBORN, Defendant. {3752:002101283522DOCX} Case N0. 21CV381288 DEFENDANT’S NOTICE 0F MOTION AND MOTION FOR SUMMARY JUDGMENT Hearing; Date: Time: Dept. : [Accompanying documents: Memorandum 0f Points and Authorities; Separate Statement; Request for Judicial Notice; Declaration of Giulio A. Sanchez; Declaration of Leonard Schoenborn; [Proposed] Order] ' DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT 4 09:15am 07/22/21 LL) \DOOflQm-b- 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that as soon as the matter may be heard in Department 4 of the above-entitled Court located at 191 North First Street, San Jose, CA 95113, Defendant Leonard Schoenbom (“Defendant”) will, and hereby does, move this Court for Summary Judgment 0n the Complaint filed by James Schoenbom, as Trustee of the Schoenborn Family Living Trust, (“Plaintiff’) in its entirety. This Motion is brought on the grounds that the undisputed material facts demonstrate. the above-entitled action must be dismissed because (1) a landlord-tenant relationship does not exist between Plaintiff and Defendant; and (2) the Parties’ dispute concerns issues 0f title to property that may not be resolved in an unlawful detainer proceeding as a matter of law. This Motion is based upon the accompanying Memorandum of Points and Authorities, Separate Statement, Request for Judicial Notice, the Declaration of Giulio A. Sanchez, Declaration of Leonard Schoenborn, any forthcoming Reply, the files and récords 0f this case, and such other and filrther oral and documentary evidence as may be presented at the hearing. Dated: July 13, 2021 WANGER JONES HELSLEY PC By @WQgm Jayh ChristB‘TTérQn Giulio A. Sanchez Attorneys for Defendant LEONARD SCHOENBQRN {8752!002:01238522.DQCX} 1 DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [\J ‘10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WANGER JONES HELSLEY PC 26.5 E. River Park Circle, Suite 3 10 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 Jay A Christoffe1son #203878 ichrzstofferson®wzhattomeys com Giulio A. Sanchez #317329 gsqnqkez@wiWi0mevs 99m Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Case #21 CV381 288 Envelope: 6835081 Attorneys for: Defendant LEONARD SCHOENBORN SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA JAMES SCHQENBORN, as Successor Trustee 0f the Schoenborn Family Living Trust dated April 11, 1991, Plaintiff, v. LEONARD SCHOENBORN, Defendant. {8752i002f01280'234 DOCX} Case No. 21CV381238 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ___,&H¢arin = Date: Time: Dept. : [Accompanying documents: Notice 0f Motion and Motion for Summary Judgment; Separate Statement; Request for Judicial Notice; Declaration of Giulio A. Sanchez; Declaration 0f Leonard Schoenborn; [Proposed] Order] MEMORANDUM OF POINTS AND AUTHORITIE§LIH§ERJ4P§IQTRT OF DEFENDANT S MOTION FOR SUMMARY \D '00 HJ ~O‘\ (J! h L») [\J |-* NNMMMNNMNHHH mummhme-Ow-oo-qaaE-asz-S I. INTRODUCTION Plaintiff James Schoenborn, Successor Trustee of the Schoenborn Family Living Trust, attempts t0 resolve a title dispute with Defendant Leonard Schoenborn (“Defendant”) concerning the property 1453 Wessex Avenue, Los Altos, CA 94024 (the “Pr0perty”) through the instant unlawful detainer proceeding, despite the fact that issues of title may not be resolved through unlawflfl detainer proceedings. The Parties d0 not diSpute that the Property is currently held by the Schoenbom Family Living Trust (the “Trust”), that Defendant is a beneficiary 0f the Trust, and that Plaintiff, as Trustee of the Trust, is overdue to distribute the assets of the Trust. The dispute between the Parties lies 0n the meaning 0f the term “distribute.” Defendant maintains that the Trust is required to transfer title of the Property t0 Defendant and the other Trust beneficiaries. Plaintiff contends that the Trust is the rightful titleholder of the Property, but can elect to sell the Property and then provide the sales proceeds tethe Trust beneficiaries. Regardless 0f which position is correct, this dispute is not subject to adjudication in unlawful detainer proceedings as such proceedings cannot resolve issues of title. Rather, Plaintiff’s refusal to transfer title to Defendant and other Trust beneficiaries is set to be addressed in the pending Petition t(i Remove Trustee for Breach of Trust, Appointment 0f Temporary Trustee, Appointment of Successor Trustee, and Attorneys’ Fees, filed 0n May 21, 2021 in In the Matter 0f the Schoenbom Famiiy Living Trust, Santa Clara Superior Court Case N0. 21PR190282. Therefore, the instant unlawful detainer action cannot proceed to trial and should be dismissed. Furthermore, even if title to the Property was not at issue, the instant unlawful detainer proceedings are improper as a matter of law because Defendant is not a tenant of the Trust. Unlawful detainer actions are limited t0 instances where there is a breach of a leasee’s residency in the Property. Here, no lease ever existed between the Trust and Defendant and the Trust never collected rent from Defendant. Instead, as indicated above, it is undisputed that the relationship between the Trust and Defendant is one of Trust and beneficiary only. Because n0 landlord-tenant relationship exists between the Trust and Defendant, Plaintiff cannot rely 0n the instant unlawful detainer action to remove Defendant frqm the Property. For these reasons, Defendant respectfully asks that this Court grant summary judgment in favor of Defendant and against Plaintiff, and order that the instant unlawful detainer proceedings be dismissed. {87521002101280234DOCX} l MEMORANDUM OF POINTS AND AUTHORITIESljggglPIIQQTRT OF DEFENDANT’S MOTION FOR SUMMARY J . E N N [\J [\J N N N M l0 h- v-A r--* ‘ II. BRIEF FACTUAL BACKGROUND A. The Schoenborn Family Living Trust Plaintiff, Defendant, and nonuparty Scott Schoenborn are the children 0f Harold Francis Schoenborn (“Harold”) and Nancy Liane Schoenborn (“Nancy”). (Separate Statement in Support of Motion for Summary Judgment (“UMP”) No. 1.) On April 11, 1991, Harold and Nancy established the Schoenborn Family Living Trust. (UMP N0. 2.) On that same date, Harold and Nancy funded the Trust with the Property. (UMF No. 3.) The Trust appointed Harold and Nancy as the initial Co- Trustees, to be succeeded by the surviving spouse, and then their children: Plaintiff, Scott Schoenborn, and, Defendant in that order. (UMF N0. 4.) During Harold and Nancy’s joint lives Harold and Nancy were the sole income and principal beneficiaries of the Trust. (UMF N0. 5.) Thereafter, upon Nancy’s death in 2012, Nancy’s interest in the Trust was transferred into sub-trusts 0f the Trust, entitled the Family Bypass Trust and the Marital Appointment Trust. (UMF Nos. 6-7.) Harold was the sole beneficiary of the Marital Appointment Trust, and the primary beneficiary of the Family Bypass Trust. (UMF. N0. 8.) Furthermore, upon Nanéy’s death, Harold’s interest in the Trust was transferred to the sub-trust entitled the Surviving Spouse’s Trust. (UMP N0. 9.) Upon Harold’s death in 2019, Harold’s interest in the Surviving Spouse’s Trust was split between Harold’s estate and the Family Bypass Trust. (UMF N0. 10-11). Similarly, Harold’s interests in the Marital Appointment Trust was also split between Harold’s estate and the Family Bypass Trust. (UMF No. 12.) Further, upqn Harold’s death, the assets of the Family Bypass Trust were to be distributed t0 the remaining beneficiaries 0f the Family Bypass Trust. (UMF N0. 13.) These remaining beneficiaries of the Family Bypass Trust are Plaintiff, Defendant, and their brother Scott Schoenborn. (UMF No. 14.) Accordingly, Defendant contends that, as 0f Harold’s death in 2019, the original assets of the Trust belong to James Schoenborn, Leonard Schoenborn, Scott Schoenborn, and Harold’s estate. B. The Unlawful Detainer Action Defendant has resided at the Property since 2000. (UMF No. 15.) No lease agreement ever existed between the Trust and Defendant for Defendants’ occupancy 0f the Property. (UMF N0. 16.) {87SZI002I01280234DOCX} 2 MEMORANDUM OF POINTS AND AUTHORITIES INGS‘II‘JAPPORT OF DEFENDANT’S MOTION FOR SUMMARY IUD ENT 00 NJ -O\ {)1 L- u} N \D 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26. 27 28 The Trust never charged nor collected rent from Defendant for his occupancy 0f the Property. (UMF N0. 17.) ' Plaintiff filed his Unlawful Detainer Complaint on April 29, 2021. (UMF No. 18.) In light of the foregoing, Defendant filed an Answer to Plaintiff’s Complaint asserting inter alia, that Plaintiff cannot remove Defendant from the Property because Defendant holds an ownership interest in the Property as established by the Trust, and that an unlawful detainer proceeding is improper because there is n0 lease between Plaintiff and Defendant. (UMFS No. 19-21 .) C. Petition to Remove Plaintiff as Trustee On May 21, 2021, Defendant filed a Petition Ito Remove Trustee for Breach Qf Trust, Appointment 0f Temporary Trustee, Appointment 0f Successor Trustee, and Attorneys” Fees in In the Matter of the Schoenbom Family Living Trust, Santa Clara Superior Court Case No. 21PR1 90282. (UMF No. 22.) The Petition asserts, inter alia, that Plaintiff breached his duties to the Trust and Defendant, as a beneficiary 0f the Trust, by failing to properly account for Trust assets, comingling Trust assets, damaging Trust assets and seeking t0 remove Defendant from the Property even though Defendant holds an ownership interest in the Property. (UMF N0. 23.) The Petition is set to be heard on December 2, 2021. (UMF No. 24.) III. LEGAL ARGUMENT “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437e, subd. (a)(l).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t0 judgment as a matter of law.” (Code Civ. Proc. §‘437c, subd. (0).) “A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements 0f the cause of action, even if not separately pleaded, cannot be established . . . Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross- complainant t0 show that a triable issue of one or more material facts exists as t0 the cause 0f action or a defense thereto.” (Code Civ. Proc. § 437C, subd. (p)(2); See also Zorcm Corp. v. Chen (2010) 185 Cal.App.4th 799, 805 [“[T]he moving defendant must ‘present evidence that would preclude a {87521002{01280234.DOCX} 3 MEMORANDUM OF POINTS AND AUTHORITIE§§TS§E§I§QFRT OF DEFENDANT’S MOTION FOR SUMMARY Jam 1x.) 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 reasonable trier of fact from finding that it was more likely than not that the material fact was true [citation], or the defendant must establish that an element 0f the claim cannot be established, by presenting evidence that the plaintiff does not possess and cannot reasonably obtain, needed evidence ‘to support a necessary element of the cause of action.’ (Citations).]”.) A. Defendant Is Entitled to Summary Judgment Because There Is No Dispute of Material Fact that Title t0 the Property Is At Issue. “In unlawful detainer proceedings, ordinarily the only triable issue is the right of poSSQSSion 0f the disputed premises, along with incidental damages resulting from unlawful detention. [Citation] Ordinarily, issues respecting the title t0 the preperty cannot be adjudicated in an unlawful detainer action. [Citation].” (Martin-Bragg v. Moore 219 Cal.App.4th 367, 385.) “[W]hen complex - issues of title. are involved, the parties’ constitutional rights t0 due process in the litigation of those issues cannot be subordinated to the summary procedures of unlawful detainer.” (Id. at p. 391, citing Lindsey v. Normet (1 972) 405 U.S. 56, 64-66.) Here, Plaintiff brings the instant unlawful detainer action on the premise that the Trust is the owner of the Property. However, the Trust’s ownership 0f the Property is in dispute. As explained above, Harold and Nancy transferred title 0f the Property to the Trust in 1991. (UMP N0. 3.) Defendant contends that, per the terms of the Trust, upon Harold’s death in 2019, the Trust was t0 distribute all its assets to the remaining beneficiaries of the Trust, i.e. Plaintiff, Defendant, and Scott Schoenbom. (UMFS N0. 13-14.) That is, the Trust stopped being the proper titleholder 0f the Property in 2019 and Defendant is 110W an aner of the Property and Should be on title for the Property. Of course, Plaintiff disputes this position and asserts that the Trust remains the proper- titleholder 0f the Property and can elect t0 sell the Property and distribute the proceeds to James Schoenborn, Defendant, and Scott Schoenborn.‘ (UMFS N0. 25-27.) Yet, notwithstanding the merits of either position, there can be no dispute that title to the Property us at issue. (UMFS No. 13-14, 25- 28.) Because the instant unlawful detainer proceedings cannot resolve issues of title, the instant action must be dismissed until such issues oftitle are resolved. 1 This position begs the question of what Plaintiff wou1d be paying Defendant for, if not an ownership stake in the Property. {8?52!002!01280234.DQCX} 4 MEMORANDUM OF POINTS AND AUTHORITIE§L§1§§£JIIE¥IQFRT OF DEFENDANT’S MOTION FOR SUMMARY \D 00 ~J ON U} -h- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Defendant Is Also Entitled to Summary Judgment Because There Is No Dispute that N0 Lease Ever Existed Between Defendant and the Trust. I Code of Civil Procedure §§ 1161 limits the ability 0f a party to seek unlawful detainer in situations where there is a lease and a landlord-tenant relationship. (See, e.g., Code Civ. Proc. § 1161 (1) [“when the tenant continues in possession . . . provided the expiration is of a non-default nature however brought about with the permission of the landlord . . .”; (2) “when the tenant continues in possession, in person or by subtenant, without the permission of the landlord . . .”].) As established under the law for unlawful detainers, “the purpose 0f this rule is to prevent tenants who have violated the covenants of their leases fi‘om frustrating the ordinary and summary remedy provided by statute for the restitution 0f the premises.” (Union 0f! C0. v. Chandler (1970) 4 Cal.App.3d 716, 721; Superior Motels, Inc. v. Rim: Motor Hotels, Inc. (1987) 195 Cal.App.3d 1032, 1066; Green v. Superior Court (1974) 10 Cal.3d 616, 632-634.) “Thus, the unlawful detainer statute encompasses breach 0f lease (arguably contract-type matters) and holdover possession after expiration ofthe lease (arguably a noncontract issue).” (Drybread v. Chipaz'n Chiropractic Corp. (2007) 151 Cal.App.4th 1063, 1074.) The statutory grounds for unlawful detainer are construed strictly and relief cannot be granted which it does not authorize. (Saberi v. Bakhtz'arz‘ (1985) 169 Cal.App.3d 509, 515; Castle Park N0. 5 v. Katherine (1979) 91 Cal.App.3d Supp. 6.) Unless otherwise permissible pursuant to Code of Civil Procedure § 1161, the person in possession cannot be evicted by unlawful detainer. (See Harper v. Raya (1984) 154 Cal.App.3d 908, 913 [the individual in possession was not a “tenant” in possession and thus the remedy of unlawful detainer was not available; the owner could not create a landlord~tenant relationship merely by sending a notice to pay rent or quit]; Marvell v. Marina Pizzeria (1984) 155 Cal. App. 3d Supp. 1, 11-12.) There is no dispute that a landlord-tenant relationship between Plaintiff and Defendant does not exist. Plaintiff admits that the Trust navel; had any lease with Defendant. (UMFS No.15-16, 29- 30.) Plaintiff also admits that the Trust never charged nor collected rent from Defendant for his occupancy of the Property. (UMFs No. 17, 31) In fact, Plaintiff even acknowledges that until Harold’s death, Defendant was simply a guest at the Property, not a tenant._ (UMF No. 32) Following Harold’s death, nothing about Plaintiff and the Trust’s relationship changed except that Defendant {8?52f002f01280234DOCX} 5 MEMORANDUM OF POINTS AND AUTHOMTIE%T§GS§%I;JQI1RT OF DEFENDANT’S MOTION FOR SUMMARY became an owner of the Property and thus not subject t0 an unlawful detainer action. Defendant was not a tenant prior to Harold’s death and he remains a non-tenant today. (UMF N0. 33.) Because Defendant is not a tenant, Plaintiff cannot use the instant unlawful detainer proceedings t0 oust \DOO-«JO‘th-b- 10 11 12 1.3 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. IV. CONCLUSION For the foregoing reasons, Defendant respectfully requests the Court grant summary judgment in favor of Defendant and dismiss the above-entitled action. Dated: July 13, 2021 WANGER JONES HELSLEY PC C» ‘‘‘‘‘ ~By: '_____ “-4 jxha Ty“~~~~~~~ Jay A“.cmwon “M Giulio A. Sanchez Attorneys for Defendant LEONARD SCHOENBORN {S?SZIOO2IOE280234DOCX} 6 WMDRANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT \O-ooxq‘oxmgmm... [\3 N PO [\3 N N N [\3 N b-t r-n n-h n-n I-l r-t u-n g-n p-L p...‘ WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 310 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (SS9) 233-9330 Jay A. Christqfferson #203878 jchristqifirm@wz‘hat€9rtnevs.com Giulio A. Sanchez #3 1732.9 ' gsqwhequlwihqflomevs. CW” Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Case #21 CV381 288 Envelope: 6835081 Attorneys for: Defendant LEONARD SCHOENBORN SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, as Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991, Plaintiff, v. LEONARD SCHOENBORN, Defendant. {8752f002f01288505DOCX} Case N0. 21CV381288 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT H._g_caliin _: Date: Time: Dept. : [Accompanying documents: Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities; Request for Judicial Notice; Declaration of Giulio A. Sanchez; Declaration 0f Leonard Schoenborn; [Proposed] Order] SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 1-. Defendant Leonard Schoenborn (“Defendant”) hereby submits the following Separate Statement 0f Undisputed Material Facts in Support of his Motion for Summary Judgment pursuant to [‘0 N N [\3 I‘Q [‘0 I‘D N [\3 H H H4 PM I-d b-l I-n r-n n-A I--- Code 0f Civil Procedure Section 43.70. ISSUE NO. 1 - WHETHER TITLE TO PROPERTY IS AT ISSUE IN THE ABOVE- ENTITLED MATTER Defendant’s Undisputed Material Facts and Supporting Evidence Plaintiff’s Response and Supporting Evidence '1. James Sehoenbor'ngLeQnafd Schoenborn, and Scott Schoenborn are the children of Harold Schoenborn and Nancy Schoenborn. Request for Judicial Notice [“RJN”], Ex. 1, Ex. A thereto, Ex. 2; Declaration Qf Leonard Schoenborn [“Schoenborn Decl.”] at. 11 2. I M2. "01i- April' 11", 199.1, Harold and Nancy Schoenborn established the Schoenborn Family Living Trust (the “Tru__st”). RJN, Ex. 1, Ex. A thereto, Ex. 2. I 3. On April“ 11, 1991', 'Har'oldwand 'N'anCy Schoenborn funded the Trust with a property at 1453 Wessex Avenue, Los Altos, CA 94024 (the “Property”). RJN, EX. 1, Ex. A thereto, Ex. 2. 4. The Trust I appoirifed Harold and Nancy a_s C0~Trustees, to be succeeded by the surviving Spouse, then their children: James Schoeanrn, Scott Schoenborn, and Leonard Schoenborn in that order. RJN, Ex. 1, Ex. A thereto, EX. 2. 5. Per the terms of ‘fhe T'rfis't, Harold and Nancy Schoenborn were the sole income and principal beneficiaries of the Trust during their joint lives. RJN, Ex. 1, Ex. A thereto, Ex. 2. 6. Nancy schoenborn died in 2012. {8?52f002z’01288505DOCX} I SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUNIMARY JUDGMENT [\J 10" 11 12 13 14 15 16 17 18 19_ 20 21 22 23 24 25 26 27 28 ”Schoez'ibdrn'Decl. at 11 3; II I 7. Per the terms Offlthe TruSt; upon Nancy Schoenborn’s death in 2012, Nancy’s interest in the Trust was transferred into sub-trusts Qf the Trust, entitled the Family Bypass Trust and the Marital Appqintmen‘: Trust. RJN, Ex. 1, EX. A thereto, Ex. 2. \O 00 NJ -O\ U1 L b.) ' '8'. While alive,‘Harold schée'nbgrfiwas th’e only beneficiary of the Marital Appointment Trust and. the primary beneficiary Of the Family Bypass Trust. RJN, EX. 1, Ex. A thereto, Ex. 2. ‘9.' 'Uan Nancy Séthnborfi’s death, Harold Schoenborn’s interest in the Trust was transferred to the Surviving Spouse’s_ Trust. RJN, Ex. 1, Ex. A thereto, Ex. 2. 10. Harold Schoenbom died in 2019. Schoenbom Decl. at 1f 4. '11. upbn his death, Harald Schoenbomfi' interest in the Surviving Spouse’s Trust was split between Harold’s estate and the Family Bypass Trust. RJN, EX. 1, EX. A thereto, Ex. 2. 12. Upon his death, Harold SChoenborfiS interest in the Marital Appointment Trust was split between Harold’s estate and the. Family Bypass Trust. RIN, Ex. 1, EX. A thereto, Ex. 2. 13. Upon Harold SCho'eanrn’s death the assets of the Family Bypass Trust were to be distributed t0 the remaining beneficiaries of the Family Bypass Trust. RJN, Ex. 1, Ex. A thereto, Ex. 2. 14. Upon Harold Schoenbgrn’s death? the remaining beneficiaries 0f the Family {8752;002:0128350530CX} SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 2 gunk [\J [NJ M N [\J N N N b.) r-d I-h a-I r-I I-n u-i r-a 1-4 h-A p... “DO ”MI ON m ~b- w N '-‘ O \O '00 ‘N-l m L!) fi U) N 1"“ ‘0 Bypass Tr'u'St "were James Schoenberg ' Leonard Schoenborn, and Scott Schoenbom. RJN, Ex. 1; Declaration of Giulio A. Sanchez [“Sanchez Decl.”] at fl 2, Ex. A, Request N0. 1. I 15. Leonard Schoenborn has resided at the Property since 2000. Sanchez Dec]. at 'fl 2, EX. A, Request No. 13; Schoenborn Decl. at 1[ S. 16. NQ lease agreement ever existed between the Trust and Leonard Schoenborn for Leonard Scthnborn’s occupancy of the Property. Schoenborn Decl. at 1T 5; Sanchez Decl. at 11 2, Ex. A, Requests Nos. 5, 6, 8-12. ”17‘.The Trast never collected rent from Leonard Schoenbom during his occupancy of the Property. Schgenborn Decl. at 11 S; Sanchez Decl. at 11 2, Ex. A, Requests Nos. 4, 14; 11 3, Ex. B, Special Interrogatory No. 15. 18. James Schoeilbiprn, as Successor Trustee of the Trust, filed a Complaint for Unlawful Detainer in the above-entitled action against Leonard Schoenborn on April 29, 2021. RJN,EX. 3. 19. LeQnard' Schoenbom filed an AnsWer t0 the Complaint for Unlawfifl Detainer on June 1, 2021. RJN, EX. 4. 20. Leonard Schoenborn filed an Amended Answer t0 the Complaint for Unlawful Detainer 0n June 8, 2021. RJN, EX. 5. 21.Leonard Schoenborn’s Answers to the Complaint for Unlawful Detainer assert that James Schoenbom cannot remove him from the Property because Leoanard {BYSZIOUZJ'OIZSSSOSDOCX} SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 3 H 1‘3 N N N 1‘0 N N [\J N h-A H r-d w H p-L J-L p- n-t h-A I Séhoenbcii‘n holds an év'v'riership' ihtereét I in the Property as established by the Trust, and that an unlawful detainer proceeding is improper because there is no lease between the Trust and Leonard Schoenborn. RJN, Ex. 4-5. ‘ 2'2.'O£1'May 21, 2021‘; 'L‘eonard Sehéehborn filed a Petition to Remove Trustee for Breach of Trust, Appointment 0f Temporary Trustee, Appointment 0f Successor Trustee, and Attomeys’ Fees in In the Matter 0f the Schoenborn Family Living Trust, Santa Clara Superior Court Case No. 21PR190282 (the “Petition”). RJN, Ex. 1, Ex. 2. 23. The' PCtition I asserts that James Schoenborn has breached his duties to the Trust and Leonard Schoenborn, as a beneficiary of the Trust, by failing t0 properly aqcount for Trust assets, comingling Trust assets, damaging Trust assets and seeking to remove Leonard Schoenbom from the Property even though Leonard Schoenborn holds an ownership interest in the Property. RJN, Ex. 1, EX. .2. I '24.'Tlhle 'Peti‘fi'cih'" ins ' é'et“ {Q be héar‘d' 0nd“ December 22, 2021. Sanchez Dec]. at 1| 4. 25(JaméS SChéefibOfn:és'SiiéééS'SOi‘ Trustee“ Ii of the Trust, denies that Leonard Schoenborn holds a right t0 title to the Property. Sanchez Dec]. at 1] 2, Ex. A, Request NO. 2; fl 3., Ex. B, Special Interrogatories Nos. 4, 14, 15. 26L Jaxrie's'Sdhoenbbrn, as Successor Tru'Ste'e'" ' " ' of the Trust, contends that the Trust is the rightful current holder of title t0 the Property: _ {8752iOO2I01288501DOCX} SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMNIARY JUDGMENT 4 10 11' 12 13 .. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sanchez Decl. at 1[ 2, Ex. A, Requests No. 2-3; 1[ 3, Ex. B, Special Interrogatory No. 1, 15. 2'7.'Ja'mes_ Schoenbom, asi Suce'ssqr Trustee I of the Trust, contends that he can sell the Property and distribute the sales proceeds to himself, Leonard Schoenborn, and Scott Schoenborn as beneficiaries of the Trust. RJN, Ex. 3; Sanchez Dec]. at 1[ 3, Ex. B, Special Interrogatories Nos. 4, 13-15. IZSQITi‘t‘le to the Property is at issue in'the above-entitled matter. Sanchez Decl atflZ Ex. A, Request N0. 2; 1] 3 EX. B Speciallntenogatories Nos. 1, 4 13- 15. ISSUE NO. 2H WHETHER PLAINTIFF AND DEFENDANT HAVE A LANDLORD-TENANT RELATIONSHIP Defendant’s Undisputed Material Facts and Plaintiff’s Response and Supporting Supporting Evidence Evidence 29. Title t0 the Property is at issue in the above-entitled matter. Sanchez Decl. at 'fl 2, Ex. A, Request N0. 2; fl 3, Ex. B, Special Interrogatories Nos. 1, 4, 13- 15. '30. Leonard Schoenborn has resided at the Property since 2000. Sanchez Decl. at 11 2, EX. A, Request N0. 13; Schoenbom Decl. at fl 5. 31. No lease agreement eve'r‘ existed between the Trust and Leonard Schoenborn for Leonard Schoenborn’s occupancy of the Property. Schoenborn Decl. at 1[ 5; Sanchez Decl. at 1[ 2, EX. A, Requests Nos. 5, 6, 8-12. '32. The Trust never collectéd rent 'frbrh' " Leonard Schoenborn for his occupancy of the Property. {svszmozxonsssospocm 5 I SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT \D 00 -J ~O\ U‘I L 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 SChoefibdrh D601. at1] 5;' sahéhez Decl. lat 1] 2, I I Ex. A, Requests Nos. 4, 14; 1[ 3, Ex. B, Special Interrogatory N0. 15. I 33(Untilearold ISChoenbo'rn’s death, the Trust considered Leonard Schoenborn to be a guest at the Property. RJN,EX. 3. I '34. Léénard Sc'hoe'n'born was never a I tenant of the Trust at the Property. RIN, Ex. 3; Schoenbom Decl. at 1] 5; Sanchez Decl. at fl 2, Ex. A, RequeSts Nos. 4-6, 8-12, ”1.4.5.11 3a. E223: Special Inten'ogatory NC» .15: . . Dated: July 13, 2021 {8752!002f0i283505DOCX} WANGER JONES HELSLEY PC B . ,3 "f? . WAWQHR143 Giulio A. Sanchez Attorneys for Defendant LEONARD SCHOENBORN SEPARATE STATEMENT IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT KO 00 \J ON U‘I -b- 'La-J [Q n-A MMNNNMNNM mqamgwwwo-E-QSEGESS:E WANGER JONES HELSLEY PC Electronically Filed 265 E. River Park Circle, Suite 31 . Fresno, California 93720 0 by SUperlor court Of CA’ Telephone: (559) 233-4300 COUMY 0f Santa Clara, Facsimile: (559) 233-9330 on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Jay A. Christofferson #203878 Case #21 CV381 288 Jchr‘ésquferson@wihaflom€1{5-€39??? Envelope: 6835081 Giulio'A; Sanchez #317329 gsanheZt’élwfhaflQmewciom Attorneys for: Defendant LEONARD SCHOENBORN SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA JAMES SCHOENBORN, as Successor Trustee Case N0. 21CV381288 of the Schoenborn Family Living Trust dated April 11, 1991, DECLARATION OF GIULIO A. SANCHEZ IN SUPPORT OF Plaintiff, DEFENDANT’S MOTION FOR ' SUMMARY JUDGMENT v. LEONARD SCHOENBORN, Defendant. {8?523'002101288518DOCX} DECLARATION OF GIULIO A. SANCHEZ INJ%’(I3’§%§?F DEFENDANT’S MOTION FOR SUMMARY p-A \D 0O NJ O‘x Ln h U3 M NNNNNMMMNo-L mqmmgmwwoogfi‘SGESEZc’S I, Giulio A. Sanchez, declare the following; 1. I am an attorney duly admitted to practice before all courts in the State 0f California, and an associate with the law firm Wanger Jones Helsley PC, counsel Qf record for Defendant Leonard Schoenborn in the above-entitled proceeding. Except where indicated, I have personal knowledge 0f the facts submitted in this declaration, and if called as a witness, I could and would testify cqmpetently t0 the same. This Declaration is made in support of Defendant’s Motion for Summary Judgment. 2. On June 7, 2021, my office served Requests for Admission, Set One on Plaintiff James Schoenbom. My office received Plaintiff’s Responses to Requests for Admission, Set One on June 17, 2021. Attached hereto as Exhibit A is a copy 0f Plaintiff’s Responses t0 the Requests for Admissions. 3. On June 7, 2021, my office served Special Interrogatories, Set One on Plaintiff James Schoenborn. My office received Plaintiff’s, Responses to Special Interrogatories, Set One 0n June 17, 2021. Attached hereto as Exhibit B is a copy of Plaintiff’s Responses t0 the Special Interrogatories. 4. On May 21, 2021, my office filed the Petition to Remove Trustee for Breach of Trust, Appointment 0f Tempqrary Trustee, Appointment of Successor Trustee, and Attorneys’ Fees in In the Matter offhe Schoenborn FamiZy Living Trust, Santa Clara Superior Court Case No. 21PR1 90282 on behalf 0f Defendant Leonard Schoenborn. This Petition is set to be heard on December 2, 2021. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This Declaration was executed on July f3? , 2021, at Fresno, California 5 y A. Sfifichez {3?52;002;01233518.DOCX} 1 DECLARATION 0F GIULIO A. SANCHEZ EXHIBIT A \O‘Oo-‘J-czxm-‘zxmmpu QNNMN'NNNHI-RHHb-A q-Oxm4mwn-n-on.oo-qo\kn$$g:.5 Harry I. Price, Esq. (SBN 77817) PRICE LAW FIRM 40 Main Street L03 Altos, CA 94022 - Phone: (6.50) 949-0840 Fax: (650) 949-0844 Attorne S for Plaintiff, James choenbot'n, Successor Trustee of the Schoenbom Family Living Trust dated April 1 ,1, 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHQENBQRN, SUCCESSOR Case No; 2ICV381288 TRUSTEE OF THE SCHQENBQRN FAMILY LIVING TRUST DATED APRIL 11, 1991 , PLAINTIFF JAMES SCHOENBQRN, SUCCESSOR TRUSTEES RESPONSE Plaintiff, TO DEFENDANT’S REQUESTS FOR v, ADMISSIONS: SET ONE LEONARD SCHQENBORN, ' Defendant. PROPOUNDING PARTY: Defendant LEONARD SCHOENBORN RESPONDING PARTY: Plaintiff JAMES SCHQENBORN, Successor Trustee Qf the Schoenborn Family Living Trust dated April II, 1991 $151 Nof: one (1) . PRELIMNARY STATEMENT AND GENERAL OBJECTIQNS Responding Party makes these responses solely for the purpose of, and in relation to, this action. Each answer is given subject to and without waiver of (1) all objections t0 the admissibility as evidence 0f any responses made, any documents to which reference is made, 01' the subject matter ofany such documents, including but not limited to objections concerning competency, relevancy, 1 Respohses' t9 Requests for Admissions, Set One James Schoenbom, Successor Trustee v. Schoenbom, Case No. 21CV381288 H NNNNNI-Lwh-LHI-t A-uwHoomu-am-EGS‘EE 25 26 materiality, propriety 0f work product, admissibility which would require the exclusion in 001m of any statements contained herein, or any statement contained herein made by a witness present and testifying in court; (2) the right to object to this discovery directed to the subject matter of the- demands contamed herein; (3) the right to make additional objections or seek protective orders in the'event additional review of files and pre-tl'ialpreparation result in further information with respect t0 any of the demands; and (4) the right at any time to revise, correct, add or clarify any of - the responses herein 01' the documents. referred to herein, pursuant t0 Code of Civil Procedure sectiofi 2033.010 ex seq. The general objecticns set forth herein are; incorporated by this reference into each of the responses hereinafter set forth: a. Responding Party objects to the Requests t9 the extent that they call for any information which is privileged, which is prepared in the anticipation of litigation or for trial, which othetwise constitutes attorney-work product, qr which is otherwise immune fi'om discovery. Inadvertent reference to any such infmmation shall not constitute a waiver ofany privilege or any other ground for objection to discovery with respect to such document or any other document, with respect to the subject matter thereof, or the information contained therein, and shall not waive Responding Party’s. right to object to the use ofany such informatien contained therein during any subsequent proceeding. b. Responding Party obj eats to the Requests on the grounds that he has not completed his discovely in this action and the following Responses are provided without prejudice to Respoading Party’s right to modify or supplement these Responses at 0r before trial, if requested, once discovery is completed. Responding Party is. engaged in continuing discovely in this case. Therefore, all the responses contained herein are based upon such information and documents as am presently available and known to him. There arc potential documents that have not been reviewed or obtained, analysis which has not been completed, and other discovery and investigation which has not been finished. Discovery 2 Responses to Requests for Admissiofis, Set 0m James Schoenbom. Successor Trustee v. Schoenbom, Case N0. 21CV381288 NNNNNHHMHM .nmwwoxom-qsxmfifigflg 25 p-A and investigation are ccntinuing. Responding Party therefore provides the following Response to Requests'for'Admission, without prejudice to present at trial further documentary or oral evidence ,not yet obféined or completed. The Responses are made solely for the purpose of and in relation t0 this action. Each response is givan subject to all appropriate objections (including, but not limited to, objections of competency, relevancy, materialityapropriety, and admissibility) which may be offered in court. A11 such Objections and grqunds therefore are reserved and may be interposed at the time of trial. Except for facts explicitly admitted herein, no admission ofany nature whatsoever is to be implied or inferred. REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. l: Admit that DEFENDANT is a beneficiary of the TRUST. RESPONSE 'Ijo REQUEST FOR ADMISSIQN No. 1: Admit. REQUEST FOR ADMISSION N0. 2: Admit that the TRUST grants DEFENDANT an ownership inter¢st in the PROPERTY. RESPQNSE TO REQUEST FOR ADMISSION NO. 2: Deny. REQUEST FOR ADMISSION NO. 3: Admit that DEFENDANT is entitled to possession of the PROPERTY. RESPONSE Tol REQUEST FOR ADMISSION N0. 3: Deny. REQUEST FOR ADMISSION NO. 4: Admit that the TRUST never charged DEFENDANT rent for the PROPERTY._ RESPONSE T0 REQUEST FOR ADMISSION NO. 4: Deny. REQUEST FOR ADMISSION N0. 51 Admit that there is no written rental agreement between DEFENDANT and the TRUST for the 3 Rc‘sponses t0 Requests for Admissions, Set One James Schoenbom Successor Trustee v. Schoeanm, Case No. 21CV38]288 H NNNNNHmHn-LH $UJNH-omoonaox-mE-SE-S.B 25 ' 26 PROPERTY. RESPONSE TO REQUEST FOR ADMISSION NO. 5: Admit, REQUEST FOR ADMISSION NO, 6: Admit that there has never been a written renta! agreement between DEFENDANT and anyone else for the PROPERTY. RE PONSE TOrRE UEST FOR ADMISSION N0. 6: Admit. REQUEST FOR ADMISSION NO. '7: Admit that YOU are not a landlord of the PROPERTY. RESPONSE T0 REQUEST FOR ADMISSION NO. 7: Deny. REQUEST FOR ADMISSION N0. 8: Admit that YOU d0 not have any written rental agreement for the PROPERTY with any person. RESPONSE T0 REQUEST FOR ADMISSION NO. 8: Admit. REQUEST FOR ADMISSIONINO. 9: Admit that YOU do hot have any written rental agreement for the PROPERTY with any entity. RESPONSE TO REQUEST FOR ADMISSION N0. 9: Admit. ‘ I REQUEST FQR ADMISSION NO..10: Admit that the TRUST is not a landlord of the PROPERTY. RESPONSE TO REQUEST FOR ADMISSION N0. 10: Deny. REQUEST FOR ADMISSION N0. 11: Admit that the TRUST does not have any written rental agreement for the PROPERTY with 4 Responses to Requests'for Admissions, Set One" James Schoenbom, Successor Trustee v. Schoenbom, Case No, 21CV381288 H \O ‘00 ~J G\ U‘l -P- DJ N NNNNNHHHMHI-tr-d AmNHOKOOD-dmm-ng:-g 25 26 any person. RESPONSE TO REQUEST FOR ADMISSION N0. 11: Admit. REQUEST FOR ADMISSION NO. 12: Admit that the TRUST does not have any written rental agreemefit for the PROPERTY with any entity. RESPONSE TO REQUEST FOR ADMISSION NO. 12: Admit. ' RE UEST FOR ADMISSION NO. 1 : Admit that DEFENDANT resided at the PROPERTY for several years. RESPONSE TO REQUEST FOR AQMISSION NO. 13: Admit. REQUEST FOR APMISSION N0. 14: Admit that DEFENDANT has never paic] rent in order to reside at the PROPERTY. RESPONSE T0 REQUEST FOR ADMISSION N0. l4: Admit. REQUEST FOR ADMISSION NO. 15: Admit that DEFENDANT téok care of the original trustees of the TRUST while residing at the PROPERTY. RESPONSE T0 REQUEST .17qu 5DMIS$IQN N9. 15: Deny. Dated: June 17, 2021 As to objections only, PRICE LAW FIRM By: Harry I. rice, Esq. Attorneys for Plaintiff, James Schoenborn, Successor Trustee. of the Schoenborn Family Living Trust dated April 11, 1991 5 Responses to Requests fdl' Admiséions; Set One James Schoenborn, Successor Trustee v. Schoenborn, Case No. 21CV381288 .. Law 1:11:51 (VERIFICATION v C.C.I’. §446, C.C.P. §21I1 5.5) l. James Sclmcnlmrn. deciarc: I am the. Successor Trustee 0F the Schoenborn Family Living Trust dated April I 1‘ I99}. which i5 named as a party in the abgvc entitled action 0r proceeding; i have read lhc f'orcgoing PLAINTIFFJAMES SCHOENBORN. SUCCESSOR TRUSTEE’S RESPONSE T0 DEFENDANT‘S REQUESTS FOR ADMISSIONS1 SET ONE. and know {I12 contents thereof: and l ccrziry that the same is true of my own knowledge. Except as Io those matters which arc therein stated upon my information or belief. and as lo those matters i beiicvc it lo he u'uc. I ccrtify {or declare). under pcamliy of perjury under the laws 01‘ the State 0f California. that lhc ibrcgoing is true and orrcci. _ Excculcd on {g :7 _ 202i, alMug (city). __Tfi H__(stalc}. flivnunv/“M&AJ/ James Schoenborn P_IF i Schuenhnrn. Successor ‘l't‘hxioe v. Schncnhnru, (‘nsc Ra: Z I CV38 I 288 Verificalinn EXHIBIT B ®Oo-4-Gx’um_p.-prw x) N N M N N M ~N J-L H H PRICE LAW FIRM Harry I. Price, Esq. (SBN 77817) PRICE LAW FIRM 40 Main Street L03 Altos, CA 94022 Phone: (650) 949-0840 Fax: (650) 949-0344 Attomeys fox Plaintiff James Schoenbotn, Successm Tlustee ofthe Schoenbom Family Living Trust dated Aptil 11, 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHQENBORN, SUCCESSOR Case No.: 21 CV331283 TRUSTEE OF THE SCHOBNBORN FAMILY LIVING TRUST DATED APRIL 11, 1991, PLAINTIFF JAMES SCHOENBORN, SUCCESSOR TRUSTEE’S RESPONSE Plaintiff, TO DEFENDANT’S SPECIAL v. INTERROGATORIES, SET ONE LEONARD SCHOENBORN, Defendant. PRQPOUNDING PARTY: Defendant LEONARD SCHOENBORN RESPONDING PARTY: Plaintiff JAMES SCHOENBQRN, Successor Trustee of the Schoenbom Family Living Trust dated-April 11, 1991 SET NO.: One (1) I PRELIMNARY STATEMENT AND GENERAL OBIJECTIONIS Responding Party makes these responses solely for the purpose of, and in relation to, this action. Each answer is given subject to and without waiver 0f (1) all objections t0 the adttfissibility as evidence 0f any responses made, any documents to whjfih reference ins made, or the subject matter ofany such documents, including but not limited t0 objections conceming competency, relevancy, 1 Responses to Speclal Intmogatmies, Set One " James Schoenborn, Successor Trustee v. Schoenbor‘n, Case No. 21CV381288 4 5 6 7 8 9 materiality, propriety of work product, admissibility which would require the exclusion in court 0f any statements cqntained herein, 01' any statement contained herein made by a witness present and testifying in court; (2) the right to object t0 this discovely directed t0 the subject matter of the demands cgntained herein; (3) the right t0 make additional objections or seek protective orders in the event additional review of files and pre-trial preparation result in further information with respect t0 any of the demands; and (4) the right at any time to revise, correct, add 0r clarify any of ' the; responses herein or the documents referred to herein, pursuant to Code of Civil Procedure section 2030.01 O er seq. The general Obj actions set forth herein are incorporated by this reference into each of the requnses hereinafier set forth: a. Responding Party objects to the Interrogatories to the extent that they call for any information which is privileged, which is prepared in the anticipation of litigation or for trial, which otherwise constitutes attomey-work product, 01‘ which is othezwise immune fi'om discovery. Inadvertent reference to any such information shall not constitute a waiver 0fany privilege 0r any other ground for objection to discovery with respect to such document o‘r any other document, with respect to the subject matter thereof, or the infcmnation contained therein, and shall not waiv’e Responding Party’s right to object to the use ofany such information contained therein during any subsequent progeeding. I h. Responding Party obj ects to the; Interrogatories on the grofinds that they have not completed their discovely in this action and the following Responses are provided without prejudice to ReSponding Pafiy’s right to modify or supplement these Responses at or before trial, if requested, onca discovery is completed; Responding Party is engaged 1'11 continuing discovery in this GaSe. Therefore, all the responses contained herein are based upon such information and documents as are presently available and known to them. There are potential documents which have not been reviewed or obtained, analysis which has not been completed, and other discovery and investigation which has not been finished. 2 Responses 'to Special Interrogatories, Set One James Schgenborn, Successor Trustee v. Schoenborn, Case N0. 2}CV381288 1“ 't-‘ H 2-4 r-A a-L 16 1? 18 19 20 2,1 22 Z3 24 25 26 Discovery and investigation are continuing. Responding Party therefore provides the following Response t0 Inten‘ogatories, without prejudice to present at trial further documentéiy or oral evidence not yet obtained 01' completed. The Responses are made solely for the purpose 0fand in relation to this action. Each response is given subj eat to all appropriate objections (including, but not limited to, objections of competency, relevancy, materiality, prgpriety, and admissibility) which may be offered in court. A11 such objectigns and grounds therefore are reserved and may be intelposed at. the time of trial. Except for facts explicitly admitted herein, no admission of any nature whatsoever is to be implied 01' inferred. RESPONSES TO SPECIAL INTERROGATORIE§ SPECIAL INTERBOGATORY N0. 1: Please state all facts that support YOUR contention that the TRUST owns the PROPERTY. RESPONSE, TO SPECIAL INTERRQGATORY NO. 1: Based upon the “Declaration of Trust” executed April 11, 1991, and the Quitclairn Deed recorded on June 10, 1991, at document number 10931322 for the real property commqnly known as 1453 Wessex Avenue, Los Altos, California 94024. Additionally, affidavit of death datad February l, 2021, submitted to Santa Clara County Recorder. SPECIAL INTERROGATORY NO. 2: Please IDENTIFY any and all PERSONS with knowledge that supports YOUR contention that the TRUST owns the PROPERTY. RESPONSE T0 SPECIAL INTERROGATQRY N0. 2: In addition to the public records, all three sons thhe tmstors (Jim, Scott and Leonard Schoenborn), their past and current attorneys (Roger F. Lyon; and tha three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Christofferson). Discovery is still continuing as to additional third panics. SPECIAL INTE‘RRO'G‘ATORY NO. 3: ' 3 Respthcs to Special Ihterrogatdries; Sét One James Schoenbom, Successor Trustee v. Schoenbom, Case No. 21CV38}288 Please IDENTIFY any and all DOCUMENTS, including but not limited to Roger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021, together Please state all faqts thaf support YOUR contention that DEFENDANT is not authorized 1 2 COMMUNICATIONS, that support YOUR contention that the TRUST owns the PROPERTY. 3 RESPONSE TO_S‘PECIAL INTERROGATORY NO. 3: 4 In addition t0 the “Declaration ofTrust” executed April 11, 1991, and the Quitclaim 5 Deed recorded 0n June 10, 1991, at document number 1093 1322 for the real property commonly 6 _ known as 1453 Wessex Avenue, L03 Altos, California 94024, see also: 7 1. Roger F. Lyon letter to Leonard Schoenbom dated January 24, 2020; 8 2. James M. Barrett (Leonard Schoenborn’s first attorney) letter to Roger F. Lyon dated 9 January 27, 2020;- 10 3.. Roger F. Lyon letter to Scott Schoenbom dated Janualy 28, 2020; 11 4. Roger F. Lyon lettcr to James M. Ban'ett dated January 29, 2020; 12 5. Roger F. Lyon letter to James M. Barrett dated February 20, 2020 13 6.. 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; 14 7. Rogér F. Lyon letter to James M. Barrett dated July l7, 2020; 15 8. Roger F. Lyon letter to James M. Barrett dated January 8, 2021; 16 9. 1? with affidavit of death dated February 1, 2021, submitted to Santa Clara County 18 Recorder; I 19 10. Dixon Howell (Leonard Schoenborn’s second attorney) letter to Roger F. Lyon dated 20 March 24, 2021; 21 11. Rogel- F. Lyon letter. to Dixon" Howell dam April 21, 2021; 22 12. Together with repent correspondence and communications involving Leoflard 23 Schoenborn’s third attorney, Jay A. Christofferson. 24 SPECIAL INTERROGATORY N0. 4: 25 26 to remain at the PROPERTY. 77 RESPONSE T0 SPECIAL INTERROGATORY N0. 4: P_RLQE ,L_Aw FIRM 4 Responécs t0 Special Inten'ogatories, Set One . James Schoenboz‘n, Successor Trustee v. Schoenborn, Case No. 21CV381288 “‘4 -G\ U1 -%- be N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 m LAW'FgRM The Trustee of the Trust has been provided broad powers to assure the distribution of thé assets 0f the Tmst t0 all beneficiaries. The beneficiaries d0 not, in their individual capacity, have any ownership or possessory rights t0 the; real property that is an asset of the trust; they each have a right to their proportionate share of net distributable proceeds from the Trust, which in turn requires a sale of the subject real property. The Trustee has determined that it is in the best interests of maximizing the value of the assets of the Trust to have the property vacant, liSted with a real estate broker, staged and sold. Leonard Schoenborn occupies withqut permission 01' authority; and despite having previously agreed to vacate the premises, has continued to refijse to do so. SPECIALINTERROGATORY N0. 5: Please IDENTIFY any and an PERSONS with knowledge that supporté YOUR contention that DEFENDANT is not authorized to remain at the PROPERTY. RESPONSE T0 SPECIéL INTERROGATORY NQ. 5: In addition to the public records, a1] three sons 0f the trustors (Jim, Scott and Leonard Schoefiborn), their past and current attorneys (Roger F. Lyon; and the three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Cln'istofferson). Discovety is still continuing as t0 additional third parties. SPECIAL JNTERROGATORY N0. 6: Please IDENTIFY any and all DOCUMENTS, including but not limited to COMMUNICATIONS. that support YOUR contention that DEFENDANT is not authorized to remain at the PROPERTY. RESPONSE T0 SPECIAL INTERRQGATORY NO. 6: In addition to the “Declaration ofTrust” executed April 11, 1991, and the Quitclaim Deed recorded on June 10, 1991, at document number 10931322 for the real property commonly known as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. Roger F. Lyon letter to Leonard Schoenborn dated Janualy 24, 2020; 5 Responses to Speéial Interrogatories, Set 0116 James Schoenborn. Successor Trustee. v. Scfeoenbom, Case No. 21CV381288 H NNNNNMWr-u - AwNH-ow-mqgfifiahbjfig 25 26 2. James M. Barratt (Leqnard Schoenborn’s first attorney) letter to Roger F. Lyon dated January 27, 2020; Roger F. Lyon letter t0 Scott Schoenborn dated January 28, 2020; Roger F. Lyon letter to James M. Barrett dated Jammy 29, 2020; Roger F. Lyon letter to James M. Barrett dated February 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; 24-9955»: Roger F. Lyon letter to James M. Barrett dated July 17, 2020; 8. Roger F. Lyon letter to James M. Barrett dated January 8, 2021; I 9. Rigger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021 , together with affidavit ofaeath dated Februaw 1, 2021, submitted to Santa Clara County - Recorder; 10. Dixon Howell (Leonard Schoenborn’s second attorney) letter to Roger F. Lyon dated March 24, 2021; 11-. Roger F. Lyon letter'to Dixon Howell dated April 21, 2021; 12. Together with recent correspondence and communications involving Leonard Schoenborn’s third attorney, Jay A. Cln'istofferson. fiPECIAL INTERROGATORY NO. 7: _ Please state all facts that support YOUR contention that "the trust. . . shall offset the value of Defendant's occupancy from his financial share of trust distribution assets." RESPONSE TO SPECIAL INTERROGATORY N0. 7 : The real property is an asset 0f the Trust; the Trust is entitled to receive compensation for occupancy thhe premises. During the life of the last surviving Trustor of the Trust, his parent, Leonard Schoenborn occupied by permission, which terminated upon the death of the last surviving Trustor 0f the Trust. The Trustee has determined that it is in the best interests of the Trust to sell the real property, which requires that Leonard Schoenborn vacate. Leonard Schoenborn has previously agreed to vacate, and then later recanted. It is wrong for Leonard Schoenborn to try to live for free in the premises, as that represents a wrongful taking of a Trust 6 Résponses t0 Special Interrogatories, Set One James Schoenbom, Successor Trustee v. Schoenbom, Case. N0. 21CV38}288 NNNNNr-AI-kr-LHI-t .p-prp-aoxoooucmeSfiS-B 25 26 aSSeI without consideration, either financial consideration to the Trust 01' personal consideration of the other benefigiaries 0f the Trust. See also response to Interrogatory number 4, above. SPECIAL INTERROGATORX N0. s: Please IDENTIFY any and all PERSONS with knowledge that supports YOUR contention that-"the trust... shall offset the value. 0fDefendant's occupancy from his financial share of trust distribution assets." RESPONSE TO SPECIAL INTERROGATQRY N0. 8: All three sons 0f the trustors (Jim, Scott and Leonard Schoenborn), their past and current attomeys (Roger F. Lyon; and the three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Christofferson); and the public, as the issue is a matter of public record, having been stated in pleadings on file in the above-entitled actiqn. SPECIAL INTERROGATORY N0. 9: Please IDENTIFY any and all DOCUMENTS, including but not limited t0 COMMUNICATIONS, that support YOUR contention that "the trust . . . shall offset the value 0f Defendant‘s occupancy from his financial share of trust distribution assets." ‘ RESPONSE To. SPECIAL INTERROGATORY N9. 9: _ In addition t0 the, “Declaration of Trust” executed April 11, 1991, and the Quitclaim Deed recorded on June 10, 1991, at document number 10931322 for the real property commonly known as 1453 Wessex Avenue, Les Altos, California 94024, see also: 1. Roger F. Lyon letter to Leonard Schoenborn dated January 24, 2020; 2. James M. Barrett (Leonard Schqenborn’s first attorney) letter to Roger F. Lyon dated January 27, 2020; Roger F. Lyon letter to Scott Schoenborn dated January 28, 2020; Roger F. Lyon letter to James M. Barrett dated January 29, 2020; Roger F. Lycri letter to James M. Barrett dated February 20, 2020 99.4:m 3 emails from James M. Barrett to Roger F. Lyons, during Februaly, 2.020; 7 Respoilses to Special Intefl‘dgatories; Sét One James Schoenborn, Successor Trustee v. Schoenbom, Case N0. 2}CV381288 KO lm -J CA Ln -h. 10 11 12 13 14 15 16 17 18 19 2,0 21 22 23 24 25 26 ?7 PRICEHm LAW FIRM 7. Roger F. Lyon letter to James M. Barrett dated July 17, 2020; 8. Roger F. Lyon ietter to James M. Barmtt dated January 8, 2021; 9. Roger F. Lyon letter to Santa Clara County Recorder dated Februaly 1 1, 2021, together with affidavit of death dated February l, 202} , submitted to Santa Clara County Recorder; 10. Dixon Howell (Leonard Schoenbom’s second attorney) letter t0 Roger F. Lyon dated March 24, 2021; I 11. Roger F. Lyon letter to Dixon Howell dated April 21, 2021; 12. Together with recent correspondence and communications involving Leonard Schoefiborn’s third attorney, Jay A. Christofferson; and 13. The pleadings and papers 0n file in the above-entitled action. SPECIAL INTERROGATORY NO. 10: Please state all facts that support YOUR contention that the fair rental value for the PROPERTY is in excess Of $1 60.00 per day. RESPONSE TO SPECIAL INTERROGATORY N0. 10: Opinion 0f the Trustee; and publicly available information would include access to real estate listings identifying the fair market rental value of the property, including but not limited t0 Zillow; discovery is still continuing. SPECIAL INTERROGATORY N0. 11: Please IDENTIFY any and a1] PERSONS with knowledge that supports YOUR contention that the fair rental value for the PROPERTY is in excess of $160.00 per day. RESPONSE TO SPECIAL INTERRQGATORY N0. 11: All three sons of the trustors (Jim, Scott and Leonard Schoenborn), their current attorneys (Roger F. Lyon; and the attorney employed by Leonard, Jay A. Christofferson); and the public, as the issue is a matter ofpublic record, having been stated in pleadings on file in the above- entitled action. SPECIAL INTERROGATORY NO. 12: \ 8 Responses to Special Interrogatories, Set One James Schoenbom Successor Trustee v. Schoenbom, Case No. 2101/38]288 H \O m "‘1 'G\ U'l -P~ L.» N \JNNNNNNNHHi-tr-Ab-k' ' m-mmAprz-ucsxo-oonqmmXSSSB PRI E LAW FIRM H. Please IDENTIFY any and all DOCUMENTS, including but not limited to COMMUNICATIONS, that support YOUR contention that the fair rental value for the PROPERTY is in excsss of $160.00 per day. RESPONSE T0 SPECIAL INTERROGATORY N0. 12: In addition t9 the “Declaration ofTrust" executed April 11, 1991, and the Quitclaim Deed recorded on June 10, 1991, at document number 10931322 for the real property commonly known as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. 2. wwwgsnéiw Roger F. Lyon letter to Leonard Schoenborn dated January 24, 2020; James-M. Barrett (Leonard Schoenborn’s first attorney) letter to Roger F. Lyon dated January 27, 2020; Rager F. Lyon letter to Scott Schoenborn dated January 28, 2020; Roger F. Lyon letter to James M. Barrett dated January 29, 2020; Roger F. Lyon letfer to James M. Barrett dated February 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; Roger F. Lyon letter to James M. Barrett dated July 17, 2020; Roger F. Lyon letter to James M. Barrett dated January 8, 2021; Roger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021, together with affidavit of death dated Februaly 1, 2021, submitted 1:0 Santa Clara County Recorder; 10. Dixon Howell (Leonard Schoenbom’s second attorney) letter to Roger F. Lyon dated March 24, 2021; 11. Roger F. Lyon letter to Dixon Howell dated April 21, 2021; 12. Together with recent correspondence and communications involving Leonard Schcenborn‘s third attorney, Jay A. Christofferson; 13. Recent printouts of Zillow information from their website concerning the fair market rental value 0f the. property, consisting of 14 pages; and 14. The pleadings and papers on file in the above-cntitled action. 9 Responses fa Special Interroganries, Set One James Schoenbom, Successor Trustee v. Sclmenborn, Case No. 21CV38!288 10 11 12 13 14 15 16 1? 18 19 20 21 22 2.3 24 25 26 BREE LAW FIRM SPECIAL INTERBOGATQRY N0. 13: State all facts that support YOUR contention that DEFENDANT is a tenant at the PROPERTY subj ect t0 an unlawful detainer action. REfiPQNSE TO S. EICIAL .INTERROGATORY N0. 13: The real property is an asset ofthe Trust; the Trust is entitled to receive compensation for occupancy 0f the. premises. During the life of the last surviving Trustor of the Trust, his parent, Leonard Schoenporn occupied by permission, which terminated upon the death of the last surviving Trustor of the Trust. The Trustee has determined that i1 is in the best interests of the Trust to sell the real property, which requires that Leonard Schoenborn vacate. Leonard Schoenborn has; previously agreed to vacate, and then later recanted. It is wrong for Leonard Sohoenborn to tzy to live for free in the premises, as that represents a wrongful taking of a Trust asset without consideration, either financial consideration to the Trust or pcrsonal consideration of the other beneficiaries of the Trust. See also response to Interrogatory number 4, above. SPECIAL INTERROGATORY NO. 14: State all facts that support YOUR contention that DEFENDANT can be evicted now from the PROPERTY. RESPONSE T0 SPECIAL INTERROGATORY N0. 14: The real property is an asset of the Trust; the Trust is entitled to receive compensation for occupancy of the premises. During the life of the last surviving Trustor of the Trust, his parent, Leonard Schoenborn occupied by permission, which terminated upon the death of the last surviving Trustor of the Trust. The Trustee has determined that it is in the best interests of the Trust to sell the real property, which requires that Leonard Schoenborn vacate. Leonard Schoenborn has, previously agreed to vacate, and then later recanted. It is wrong for Leonard Schbenbomto try t0 live for frea in the premises, as that represents a wrongful taking of a Trust asset without consideration, either financial consideration to th'e Trust or personal consideration of the other beneficiaries of the Trust; See also Code of Civil Prueedure. section 1179.04(a), and response to Interrogatory number 4, aboué. 10 ReSpoflseS t0 Special Interrogatoriesg Set One James Schoenbom, Successor Trustee v. Schoenbom, Case No. 2]CV381288 INNr-tr-ka-LHI-sw Howmqmm$$§°fig 22 SPECIAL INTERROGATQRY NO. 15: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number 0f the request; (b) state all facts upon which you base your response; (c) state the names, addresses, and telephone numbers of all PERSONS who have knowledge Of those facts; (d) identify all DOCUMENTS and other tangible things that support your response and state the name, address, and telephone number of the PERSON who has each DOCUMENT 0r thing. RESPONSE TO SPECIALINTERROGATQRY NO. 15: REA #2: _ (b) The terms of the Trust and statutory authority. The Trustee 0f the Trust has been provided broad powers t0 assure the distribution of the assets of the Trust to all beneficiaries. The beneficiaries d0 not, in their individual capacity, have any ownership or possessory rights t0 the real property that is an asset of the trust; they each have a right to their propoflionate share Qf net distributable proceeds from the Trust, which in turn requires. a sale of the subject real propmty. The Tmstee has determined that it is in the best interests of maximizing the value of the assets of the Trust to have the property vacant, listed with a real estate broker, staged and sold. Leonard Schoenborn occupies without permission or authority; and despite having previously agreed to vacate the premises, has continued to refuse to do so. (c) In addition t0 the public recqrds, all three sons 0f the trustors (Jim, Scott and Lgonard Schoenborn), their past and current attorneys (Roger F. Lyon; and the three different attorneys énlployed by Leonard over the past two years, James M. Ban‘ett; Dixon Howell; and Jay A. Cluistofferson). Discovery i3 still continuing as to additional third parties. 11 Responses to Special Interrogatories, Set One James Schoenbom, Successor Trustee v. Schoenborn, Case N0. 2ICV381288 Kom-QGNU‘luh-WMH NNNNNHHr-An-ml-L +mwm-omoouoxm353’33 25 26 (d) In addition to the “Declaration of Trust” executed April ] 1, 1991, and the Quitclaim Deed recorded 0n June 10, 1991, at document number 10931322 for the real property commonly known as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. 2. 90:495an >9 Roger F. Lyon letter t0 Leonard Schoenborn dated January 24, 2020; James M. Barrett (Leonard Schoenbom’s first attorney) letter to Roger F. Lyon dated Janualy 27, 2020; Roger F. Lyon letter t0 Scott Schoenborn dated January 28, 2020; Roger F. Lyon letter t0 James M. Barrett dated January 29, 2020; Roger F. Lyon letter t0 James M. Barrett dated February 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; Roger F. Lyon letter to James M. Barrett dated July 17, 2020; ‘ Roger F. Lyon letter to James M. Barrett dated January 8, 202 1', Roger F. Lyoii letter to Santa Clara County Recorder dated February 11, 2021, together with affidavit of death dated Februaty 1, 2021, submitted to. Santa Clara County Recorder; 10. Dixon Howell (Leonard Schoenborn’s second attorney) letter t0 Roger F. Lyon dated March 24, 2021; 11. Roger F. Lyon letter to Dixon Howell dated April 21, 2021; 12. Together with recent correspondence and communications involving Leonard Schqenborn’s third attorney, Jay A. Clu'istofferson; and 13. The pleadings and papers onyfile in the abovc-entitled action. RFA #3: . (b) The terms of the Trust and statutoxy authority. The Trustee of the Trust has been provided broad powers t0 assure the distribution of the assets of the Trust to all beneficiaries, The beneficiaries do not, in their individual capacity, have any ownership or possessory rights to the real propefty that is an asset of the trust; they each have a right to their proportionate share 0f net distributable proceeds from the Trust, which in turn requires a sale 0f the subject real 12 Responses to Special Interrogatories, Set One James Schoenbom, Successor Wastes v. Schoenbom,_ Case N0. ZJCV381288 \000-3-o\-m.nm.w,..n QNNNNNNNHh-‘MHH' uomuh-mwwoxoco-qomzasmg PEICE LAW FIRM property. The Trustee. has determined that it is in the best interests ofmaximizing the value 0f the assets of the Trust to have the property vacant, listed with a real estate broker, staged and sold. Leonard Schoenborn occupies without permission 0,1' authority; and despite having previously agreed to vacate the premises, has continued t0 refuse t0 d0 $0. (c) In addition to the public records, all three sons ofthe trustors (Jim, Scott and Leonard thoenborn), their past and current attorneys (Roger F. Lyon; and the three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Christoffarson). Discovery is still continuing as to additional third parties. (d) In addition ‘to the “Declaration of Trust” executed April l 1, 1991 , and the Quitclaim Deed recorded on June 10, 1991, at document number 10.93 1322 for the real prqpez'ty commonly knewn as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. Roger F. Lyon letter to_ Leonard Schoenborn dated January 24, 2020; 2.. James M. Barrett (Leonard Schoenborn’s first attorney) letter t0 Roger F. Lyon dated Janualy 27, 2020; ' Roger F. Lyon letter to Scott Schoenborn dated January 28, 2.020; Roger F. Lyon letter to James M. Barrett dated Janual'y 29, 2020; Roger F. Lyon letter t0 James. M. Barrett dated Februafy 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; Roger F. Lyon letter to James M. Barrett dated July 17, 2020; Roger F. Lyon letter to James M. Barnett dated January 8, 2021; 50-90rJr-mmahw Roger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021, together with affidavit of death dated February 1, 2021, submitted to Santa Clara County Recorder; 10. Dixon Howell (Leonard Schoenborn’s second attorney) letter to Roger F. Lyon dated March 24, 2021; 11. Roger F. Lyon letter t0 Dixon Howefl dated April 21, 2021; I3 Responses to Special Interrogatmies, Set One ' James Schoenbom, Successor Trustee v. Schoenbom. Case N0. 2ICV381288 "o m “-3 -@ U1 -P~ LN N r-L NNNNNHI-Lh-Lw 25 26 12. Together with recent correspondence and qommunications involving Leonard Schoenborn’s third-attorney, Jay A. Christofferson; and 13. The pleadihgs and papers 011 file in the above-entitléd action. RFA #4: (b) The terms of the Trust and statutory authority. The Trustee of the Trust has been provided broad powers to assure the distribution 0f the assets of the Trust to all Beneficiaries. The beneficiaries do not, in their individual capacity, have any ownership 01' possessoly rights to the real propefiy that is an asset of the trust; they each have a right to their proportionate share of net distributable proceeds from the Trust, which in turn requires a sale. of the subject real property. The Trustee has dete1mined that it is in the best interests of maximizing the value of the assets of the Trust to have the property vacant, luisted with a real estate broker, staged and sold. Leonard Schoenborn occupies without permission or authority; and despite having previously agreed to va‘cate the premises, has continued to refuse to d0 50. (c) I11 addition to the public records, all three sons of the trustors (Jim, Scott and Leonard Schoenbom), their past and current attorneys (Rager F. Lyon; and the three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Christofferson); Discovery is still continuing as to additional third parties. (d) In addition t0 the “Declaration of Trust” executed April 11, 1991, and the Quitolaim Deed recordad on June 10, 1991, at document number 1093 1 322 for the real properly commonly known as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. Roger F. Lyon letter to Leonard Schoenborn dated January 24, 2020; 2. James M. Barrett (Leonard Schoenbom’s first attorney) letter to Roger F. Lyon dated January 27, 2020; Roger F. Lyon letter t0 Scott Schoenbom dated January 23, 2020; Roger F. Lyon letter to James M. Barrett dated January 29, 2020; Roger F. Lyon letter t0 James M. Barrett dated February 20, 2020 '9‘???” 3 emails from James M. Barrettto Roger. F. Lyons, during Februaty, 2020; l4 Responses to Special Interrogatories, Set One ' ' James Schoenbom Successor Trustee v. Schoenbom, Case N0. 2]CV38}288 7. Roger F. Lyon letter to James M. Barrett dated July 17, 2020; 8. Roger F. Lyon letter to James M. Ban'ett dated January 8, 2021; 9. Roger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021 , together with affidavit ofdeath dated February 1, 2021, submitted to Santa Clara COunty Recorder; 10. Dixon Howell (Leonard Sclloenbom’s second attorney) letter to Roger F. Lyon dated March 24, 2021; 11. Rbger F. Lyon letter t0 Dixon Howell dated April 2] , 2021; 12. Together with recent correspondance and communications involving Leonard Schoenborn’s third attomey, Jay A. Christofferson; and 13. The pleadings and papers on file in the above-entitled action. RFA #7: (b) The terms of the Tmst and statutory authority. The Trustee 0f the Tmst has been ' provided broad powers to assure the distribution of the assets of the Trust t0 all beneficiaries. The benefifiiaries do not, in their individual capacity, have any ownership 01‘ possessor); rights to the real property that is an asset ofthe trust; they each have a right to their proportionate share of net distributable proceeds from the Trust, which in turn requires a sale of the subject real propefly. The Trustee has determined that it is in the best interests ofmaximizing the value of the assets 0f the Trust to have the. property vacant, listepd with a real estate broker, staged and sold. Leonard Schoenborn occupies without permission or authority; and despite having previously agreed to vacate the premises, has continuedto refuse to do so. (c) In addition to the public records, all three sons of the trustors (Jim, Scott and Leonard Schoenborn), their past and current attaineys (Roger F. Lyon; and the three different attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Christofferson). Discovery is still continuing as to additional third parties. 15_ Responses t0 Special Iriterrogatories, Set One James Schoenbom, Successor Trustee v. Schoenbom, Case No. 21CV38I288 \Om-dsxm4amwj‘ .QNNMNNNNHHHJ-LH umm-p-wwaoooo-qquxmgfig (d) In addition to the “Declaration 0f Tmst” executed April 11, 1991, and the Quitqlaim Deed recorded on June 10, 1991, at document number 1093 1322 for the real property commonly known as 1453 Wessex Avenue, L03 Altos, California 94024, see also: 1. 2. >99°rl53§h4=~ 10. 11. 12. 13. Roger F. Lyon letter to Leonard Schoenborn dated January 24, 2020; James M. Barrett (Leonard Schoenborn’s first attorney)'letter to Roger F. Lyon dated January 27, 2020; Roger F. Lyon letter t0 Sqott Schoenbom dated January 28, 2020; Roger F. Lyon letter to James M. Barrett dated January 29, 2020; r Roger F. Lyon letter to James M. Barrett dated February 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; Roger F. Lyon letter to James M. Barrett dated July 17, 2020; Roger F. Lyon letter t0 James M. Barrett dated January 8, 2021; Roger F. Lyon letter to Santa Clara County Recorder dated February 11, 2021, together with affidavit of death dated February l, 2021, submitted to Santa Clara County Recorder; Dixon Howell (Leonard Schoenborn’s second attorney) letter to Roger F. Lyon dated March 24, 2021; Roger F. Lyon letter to Dixon Howell dated April 21, 2021; Together with recent oorre$pondence and communications involving Leonard Schoenbom’s third attorney, Jay A. Cln‘istofferson; and The pleadings and papers on file in the above-entitled action. RFA #10: (b) The terms of the Trust and statutory authority. The Trustee 0f the Trust has been provided broad powers t0 assure the distribution of the assets of the Trust to all beneficiaries. The beneficiaries do not, in their individual capacity, have any ownership or possessory rights to the real property that is an asset of the trust; they each have a right to their proportionate share of net distributable proceeds from the Trust, which in turn requires a sale Qf the subject real 16 Responses to Special Interrogatories; Set One _ James Schoenbom, Successor Tr'usxeg v. Schoenbom, Case No. 2] CV38}288 property. The Trustee has. determined that it i3 in the best interests of maximizing the value of the assets of the Trust to have the property vacant, listed with a real estate broker, staged and sold. Leonard Schocnbom Qccupies without permission or authority; and despite having previously agreed to vacate the premises, has continued to refuse to do so. (c) In addition t0 the public records, all three S.(Jns of the trustors (Jim, Scott and Leonard thoenborn), their past and current attorneys (Roger F. Lyon; and the three diffemnt attorneys employed by Leonard over the past two years, James M. Barrett; Dixon Howell; and Jay A. Chxistofferson). Discovely is still continuing as to additional third parties. (d) In addition to the “Declaration of Trust” executed April 11, 1991, and the Quitclaim Deed recorded on June 10, 1991, at document number 10931322 for the real property commonly known as 1453 Wessex Avenue, Los Altos, California 94024, see also: 1. Roger F. Lyon letter to Leonard Schoenborn dated January 24, 2020; 2. James M. Barrett (Leonard Schoenborn’s first attorney) letter to Roger F. Lyon dated January 27, 2020; Roger F. Lyon letter to Scott Schoenborn dated Janualy 28, 2020; Roger F. Lyon letter to James M. Barrett dated January 29, 2020; _ Roger F. Lyon letter to James M. Ban'ett.dated Febmary 20, 2020 3 emails from James M. Barrett to Roger F. Lyons, during February, 2020; Roger F. Lyon letter to James M. Barrett dated July 17, 2020; Roger F. Lyon letter to James M. Barrett dated January 8, 202]; pawrasmsnahw Roger F. Lyon letter to Santa Clara County Recorder dated February 1 1, 2021 , together with affidavit of death dated February 1, 2021 , submitted to Santa Clara County Recorder; I 10. Dixon Howell (Leonard Schoenbom’s second attorney) letter to Roger F. Lyon dated March 24, 2021; 11. Roger F. Lyon letter t0 Dixon Howell dated April 21, 2021; 17 Responses to Special Interrogatories, Set One James Schoenborn, Successor Trustee v. Schoenbom, Case No. 21 CV38]288 1 12. Together with recent correspondence and communications involving Leonard 2 Schoenborn’s third attorney, Jay A. Christofferson; and 3 13. The pleadings and papers on file in the above-entitled action. 4 RFA #15: 5 (b) Objection, in that this calls for a narrative. . ”suffice it to say, the request for 6 admission is the flip of the facts; the parents took care of their son Leonard Schoenborn during 7 their lifetimes, allowing their son Leonard to reside in the premises effectively for free during 8 their lifetimes. 9 10 Dated: June 17, 2021 As to objections only, 11 PRICE LAW FIRM 3...; N US ‘F: Harry I ' riceEsq. Attorneys fox Plaintiff, James Schoenbozgn Successor Tmstee of the Schoenborn FamilytLiving Trust dated April 11, 1991 QNNMMNNNMH‘ . umm-meH-Qw-mSQEX-a LAW FIRM Responses to Special Interr‘ogatolies, Set One James Schoenbo: n, Successor TI ustee v. Schoenborn, Case No. 21CV38]288 3 (VERWICATION - c.c.P. §446’, c.gp. §2ms.5) 4 ‘1 q l. James Sclloenhnrn. declare: | um {he Successor Trustee oflhe Schocnborn Family [.iving'l‘rust dated April l i. I‘J9L which is named as a party in the above cntilicd action or proceeding; l have read the Foregoing PLAINTIFF JAMES SCHOENBORN, SUCCESSOR TRUSTEE’S RESPONSE T0 DEFENDANT'S SPECIAL INTERROGATORIES, SET ONE. and know the contents thereof: and I certify that 1hr: same is mic ot‘my own knowledge. except as lo those matters which are therein stated upon my information or belief. and as to those matters l believe it to be true. | ccrti Fy (or declare). under penalty of perjury under the laws of {he State of Caiifornim that lhc foregoing is true and c rrcct. Executed on {g2 Z 2021,:It mybfi _ (city), Z k (state). James Scllnenhoru I Sclwcn horn, Successor Trustee v. Sclmcnborn. Qusc No: ZICVBSIZBB Verification H .N N l‘x) N I‘Q N I‘Q N N r-d r-A an-L r-t n-n J-n r-l p-A m H DO NJ m U‘I 43 U3 M P“ CD \D 00 *4 O‘x U‘I L- U) N '-‘ CD WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 310 Fresno, California 93720 Telephone: (55.9) 233-4800 Facsimile: (559) 233-9330 Jay A. Christgfferson #203878 ichriistofferse{?@Wihgtéqwewom Giulio A. SanChez #317329 259m¢h€z@w'h.afi0m,eys¢00m Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Case #21 CV381 288 Envelope: 6835081 Attorneys for: Defendant LEONARD SCHQENBORN SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA JAMES SCHOENBORN, as Successor Trustee of the SQhoenborn Family Living Trust dated April 11, 1991, Plaintiff, v. LEONARD SCHOENBORN, Defendant. {STSZXOOZIO 12885 l9.DOCX} Case N0. 21CV381288 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Hearing: Date: Time: Dept. : [Accompanying documents: Notice 0f Motion and Motion for Summary Judgment; Memorandum of Points and Authorities; Separate Statement; Declaration of Giulio A. Sanchez; Declaration of Leonard Schoenborn; [Proposed] Order] REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT \o‘ooxa-oxmgmm...‘ mmmmwwwmwwww Defendant Leonard Schoenbom hereby requests that the Court take judicial notice, pursuant t0 California Evidence Code sections 450, et seq, of the documents identified below: 1. Exhibit “1”: Petition t0 Remove Trustee for Breach of Trust, Appointment of Temporary Trustee, Appointment of Successor Trustee, and Attorneys' Fees filed in In re Matter offhe Schoenbom Famiiy Living Trust, Santa Clara Superior Court Case No. 21PR19Q282 on May 21, 2021. This document is judicially noticeable pursuant to Evidence Code section 452, subd. (d), as a record of a court. 2. Exhibit “2”: Amended Verified Petition t0 Remove Trustee for Breach of Trust, Appointmant of Temporary Trustee, Appointment of Successor Trustee, and Attorneys' Fees filed in In re Matter of the Schoenborn Family Living Trust, Santa Clara Superior Court Case No. 21PR190282 on July 6, 2021. This document is judicially noticeable pursuant to Evidence Code section 452, subd. (d), as a record of a court. 3. Exhibit “3”: Complaint-Unlawfill Detainer filed 0n April 29, 2021 in the above- entitled action. This document is judicially noticeable pursuant to Evidence Code section 452, subd. (d), as a record of a court. 4. Exhibit “4”: Answer-Unlawml Detainer filed on June 1, 2021 in the above-entitled action. This document is judicially noticeable pursuant t0 Evidence Code section 452, subd. (d), as a record of a court. 5. Exhibit “5”: Amended Answer-Unlawful Detainer 0f Defendant filed on June 8, 2021 in the above~entitled action. This document is judicially noticeable pursuant to Evidence Code section 452, subd. (d), as a record of a court. Dated: July 13, 2021. WANGER JONES HELSLEY PC Q7-------- 4% Jay 15x. ChrWsonQ Giulio A. Sanchez Attorneys for Defendant LEONARD SCHOENBORN {3?52;002£01288519.DOCX} I REQUEST FOR JUDICIAL NOTICE IN SUPPORT 0F DEFENDANT’S MOTION FOR SUMMARY JUDGMENT EXHIBIT 1 KO m “-4 'CN Ch fig DJ b.) |---I- MNMNMNMI‘QMH mqmmnmmwcmgSE-GEfiLGSE WANGER JONES HELSLEYPC E'GCtronicany Filed 265 East Riwr Park Circle, Suit¢ 3 10 by Supe rior court 0f CA: Fresno, California 93720 County of Santa Clara, gelePhfiillnai Egggggggggg on 5I21I2021 1:37 PM acsun e: . - R - : - - _ Jay A. Chnstofferson #203378 cgz'eegzeprR‘; 93233 "“a Aguay" ZChriSI-O 6K? n _ IWfiafl r118 .fi'l.‘ 0m Env #6496216 ' Giulio A. Sanchez #3 17329 ' ' as: Hchez W.'hq,n__fiy_._,_..ttome worn Attorneys for: Petitioner LEONARD H. SCHOENBORN SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA In thfc Matter of the Schoenborn Family Living Case N0. I 21 PR1 90282 Trust, PETITION T0 REMOVE TRUSTEE FOR LEONARD H. SCHOENBORN BREACH OF TRUST, APPOINTMENT OI.“ TEMPORARY TRUSTEE, Petitioner, APPOINTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES v. JAMES D. SCHQENBQRN, as Trustee of the [Prob Code §§ 15642, 17200] Sohoenborn Family Living Trust, and DOES 1 through 25 ”L_H 61.11113: - Respondents. Date: Time: Dept: {8752/0030 1259} 52.DOCX}“r PETITION TO REMOVE TRUSTEE FORBREACH 0F TRUST APPOINTMENT OF TEMPORARY TRUSTEE, APPOINTMENT OF SUCCESSQR TRUSTEE, AND ATTORNEYS’ FEES martilfi g \O GO Ml 'O\ U: .p. Lg M 10 u 12 m 14 w 16 17 13 19 20 21 22 23 24 25 2.6 27 28 Petitioner Leonard H. Schocnborn hereby alleges and complains as follows: I. JURISDICTION, VENUE. AND PLACE OEADMINISTRATION 1. Petitioner is a beneficialy 0f the Schoenbgrn Family Trust (the “Living Trust”), and thus, has. standing to bring the instant Petition. 2. The Trust is now an i1'revocab1e trust based on the passing of. both Settlers. 3. The principal place of administration ofthe Tmst is Santa Clara County, California. II. BACKGROUNDFACTS 4. Harold Francis Schoenborn (“Harold”) and Nancy Liane Schoenborn (“Nancy”) married in 1954 and had three sons: Petitioner Leonard H. Schoenborn (“Petitioner”), Respondent James D. Schoenborn (“Respondent”), and Scott A. Schoenbom. 5. On April 11, 1991, Harold and Nancy, as husband and wife, established the Living Trust. A copy of the Living Trust is attached hereto as Exhibit A. On that same date, Harold and Nancy funded the Living Trust with their home at 1453 Wessex Avenue, qu Altos, California 94024 (the “Property”). 6. The Living Trust appointed Harold and Nancy as the initial Co-Trustees, to be succeeded by the surviving Spouse, then Respondent, then Scott A. Schoenborn, and finally, Petitioner. 7 . The Living Trust consists ofmultiple sub-trusts: a. Trust Dufigg Settjor’g Joint Lives:_ During their joint liveS Harold and Nancy were the sole incomfi and principal beneficiaries of the Living Trust. Furthermore, during their joint lives, Harold and Nancy could revoke and/or amend the Living Trust. b. Tlust Allgeation Upon Death of Spouse: Nancy passed away in 2012. Upon her death, Nancy’s interest in the Living Trust estate was to be transferred, in an amount equal t0 the largest amount that can pass free of federal estate tax, to the Family Bypass Trust. Nancy’s remaining interest in the Living Trust estate was allocated t0 the Marital Appointment Trust. Harold’s interest in the Living Trust estate was to be allocated t0 the Surviving Spouse‘s Trust. Additionally, upon Nancy {8752/00301259152300X} 1 PETITION T0 REMOVE TRUSTEE FORBREACH OF TRUST APPOINTMENT OF TEMPORARY TRUSTEE, APPOINTMENT OF SUCCESSQR TRUSTEE, AND ATTORNEYS’ FEES H \O~O¢ “J Q M h {-13 N wwwumwww mummLmMHgS-QSEEEY‘QEZE Liane Schoenbom’s death, all Trusts, with the exception of the Surviving Spouse’s Trust became irrevocable. c. Survivigg Spouse’s Trust: Harold, as the surviving spouse, was the sole income and principal beneficimy of the Surviving Spouse’s Trust. Harold passed away in 20 1 9. Upon his death, any accrued and undistributed income from the Surviving Spouse’s Trust was to be: transfelrcd to Harold’s estate and any remaining principal was to be distributed according to the provisicms of the Family Bypass Trust. d. The Marital Annointmcnt Trust: Nancy’s interest in the Living Trust, minus any allocatiqn to the Family Bypass Trust, was t0 be held by the Marital Appointment Trust 11an her death. Harqld, as the surviving spouse, was the Sole income and principal beneficiary of the Marital Appointment Trust. Upon Harold’s death, any accrued and undistributed income was to be transferred to Harold’s estate, and any remaining principal was to be distributed according to the provisions of the Family Bypass Trust. e. ThiFanajIQYnass Trust: The Family Bypass Trust lists the surviving spouse as the income beneficiary, and the surviving spouse’s descendants as the principal beneficiaries. These descendants include Petitioner, Respondent, and Scott A. Schoenborn. Upon Harold’s death, the trustee was to distribute the remaining Trust estate to the descendants 0f Harold and Nancy by right of representation. That is, Petitioner, Respondent, and Scott A. SQthnborn are each entitled to a one- third distribufion ofthc remaining Tmst estate. III. BREACH 0F TRUST 8. Petitioner incorporates by reference paragraphs 1 through 7 as thngh fully set forth herein, 9. Upon the death of Harold, Respondent became the Trustee 0f the Living Trust. Petitioner is informed and believes, and thereupon alleges, that ReSpondent has committed serious and repeated breaches 0ftrust, which warrant his immediate removal as Trustee 0fthe Living Trust. 10. As Trustee, Respondent must adminiSter the Living Trust as set forth in the Trust document, and for the 301$ benefit 0f the beneficiaries. In doing so, the Respondent must exercise the {8752;002101259152.DQCX} 2 PE'I‘ITION TO REMOVE TRUSTEE FORBREACH OF TRUST, APPOINTMENT OF TEMPORARY TRUSTEE, APPOfNTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES \OOOQ-cnm-ram‘w-H mwmwmmwwm mummawMHOE-gaaaz-afizg Same lcvel Of l‘easenable care, skill, and caution as a prudent person acting in a like capacity would me. Respondent has failed t0 properly administer the Living Trust for the following reasons: a. Failurq t0 Notify Petitiqner of Changg in Trustee. Probate Code section 16061.7 requires that trustee provide beneficiaries with notice when there is a change in trustee. Respondent failed to provide notice upon Harold’s death and his succession as trustee. b. Failure t0 Account. Probate Code section 1606.0 provides trustees with the duty to keep beneficiaries reasonably informed of the trust and its administration. Per Probate Code Section, 16061, a trust beneficiary may make a reasonable request for information about the administratign 0f the trust. Moreover, “a trustee Shall! account at least annually, at the termination 0f the trust, and upon a qhange of trustee, to each beneficiary to whom income or principal is required or authorized in the trustee's discretion to be currently distfibuted.” Petitioner 1's a principal beneficiary of the Living Trust. DeSpite repeated requests from Petitioner and the change of trustee following Harold’s death, Respondent has failed t0 provide any accounting for the Living Trust. c. Removal of Trqst Pl'onerg. On or about January 24, 2020, Respondent and Scott A. Sohoenborn, without notice or consent, ramoved boxes of tangible items, including, But not limited t0 valuable stamp and coin collections, from the Property. Petitioner is informed and believes, and thereupon alleges, that the items removed are property of the Living Trust. During the process 0f removing these items from the Property, Respondent and Scott A. Schoenborn tampered with and vandalized security cameras installed at the Property by Petitioner. c1. Misappropriation of Funds. Petitioner is informed, and believes, and thereupon alleges that, approximately nine menths fellowing Harold’s death, Respondent emptied and closed two Bank of America accounts. Plaintiff 1's further informed, and believes, and thereupon alleges, that the amount of funds removed from said accounts contained funds balonging to Petitioner, may have included assets of the Living Trust, and totaled at least $500,000. Petitioner is informed and believes, and thereupcn alleges, that Petitioner has deposited the withdrawn funds into his personal bank account(s) andlor accounts not belonging to the Living Trust, or otherwise failed to identify or account for those monies. e. Effqrts to Remove Pgtitioner from the Prqgem. Following the death 0f {a?szxoozxmzsmsz DoCX} 3 PETITION TO REMOVE TRUST EB FOR BREACH OF TRUST APPOINTMENT OF I‘EMPQRARY TRUSTEE APPOINTMENT OF SUCCESSOR TRUSTEE, AND AT’I‘ORNBYS' FEES H \D :00 NJ ON {J1 A Lo} M wwmmmum mqmmmef-‘iggafiaggmfifig Harold, Respondent has made multiple efforts to remove Petitioner from the Property. Specifically, Respondent issued Notices t0 Vacate t0 Petitioner on January 24, 2020 and February 18, 2021. On April 21, 2021, Respondent, through counsel, reiterated his request that Petitioner vacate the Property, and demanded payment 9f reasonable rent for his occupation 0f the Property. As noted above, the Property is owned by the Living Trust and must be held by Respondent for the benefit of Petitioner. Moreover, should distribution of the Living Trust Assets occur as set forth in the Living Trust, Patitioner is a ons-third qwner of the Property, entitled to occupy the entire Property, and cannot be required t0 pay rent. f. nglyre t_p Pmtegt Trust Prgperty. As Trustee, Respondent has a duty to control and presen've the property of the Living Trust. Trust property includes trust records. Petitioner is informed and believes, and thereupon alleges, that Respondent failed to properly taks possession of, keep, and maintain the records of the Living Trust. In particular, records of the Living Trust were kept in a van belonging to Harold. Following Harold’s death, Respondent left the van containing the records of the Living Trust at the San Jose International Airport parking lot. The van was left at the parking lot for several months until Los Altos Polifie Department contacted Petitioner and asked that he retrieve the van from the parking lot. 11. Aside from his duty 0f care, Respondent also has a duty t0 not use trust property for his own profit. Respondent has breached this duty by seeking to remove Petitioner from the Property, removing trust property from the Property, and misappropriating trust funds for his personal benefit. 12. Petitioner is further informed and believes, and thereupon alleges, that the aforementioned conduct by Respondent Was in bad faith and constitutes willful misconduct and/or gross ncgligence. IV. HQSTILITY TO BENEFICIARY 13. Petitioner incorporates by reference paragraphs 1 through 12 as though fully set forth herein. 14. Respondent has demonstrated clear hostility and animosity towards Petitioner, such that he should no longer sews as Trustee of the Living Trust. Not only is Respondent actively trying to {3752;002101259L52.DOCX} 4 PETITION To REMOVE TRUSTEE FOR BREACH 01? TRUST APPOINTMENT 0F TEMPORARY TRUSTEE, . APPOINTMENT OF succassoR TRUSTEE, AND ATTORNEYS' FEES 1-L MNNNN 1x.) mummhng-gggmgagagza \D GO \1-0“. M ab. L20 t0 remove Petitioner from the Property improperly, but Respondent, Respondent’s significant other, and Petitioner were involved in a verbal dispute at the Property on 01‘ about January 24, 2020 that resulted in police involvement. On or about January 24, 2020, Respondent’s significant other called Los Altos Police alleging that Pstitioncr hadmade verbal threats against her while at the Property. When L03 Altos Palice responded t0 the Property, it concluded that there had been an argument, but no criminal threats made. Petitioner denies any and all allegations that he made threats against Requndent’s significant other or anyone else. ‘ 15. In light of the foregoing, the relationship between Petitioner and Respondent is at best hostile, and beyond repair. Given the level Qf hostility, there is not a basis. to believe that Trustee may continue t9 objectively and reasonably administer the Living Trust for the benefit of Petitioner. 16. The acrimony between Respondent and Petitioner also exists between Petitioner and chtt A. Schoenborn, who is set to serve as successor trustee to Respondent and who has been acting in support of ReSpondent’s actions contrary to Petitioner and Respondent’s obligations under the Trust. V. TRUSTEE IS UNFIT T0 ADMINISTER IRUST 17. Petitioner incorporates by reference paragraphs 1 through 16 as though fully set forth herein. 18. Petitioner is informed and believes, and thereupon alleges, that ReSpondent is generally unfit to administer the Living Trust. Petitioner is informed and believes, and theraupon alleges, that in addition to committing the aforementiuned breaches of trust, Respondent has previously dealared bankruptcy, thereby demonstrating a lack of ability to productively and conservatively administer the assets of the Living Trust. 19. Petitioner is further informed and believes, and thereupon alleges, that Respondent lacks knowledge as to the Living Trust’s assets and liabilities. This is evidenced by the fact that Respondent is yet to provide any preper accounting to Petitioner. 20. Petitioner is informed and believes, and thereupon alleges, that Scott A. Schoenborn 1's likewise unfit to administer the Living Trust. Scott A. Schoenborn assisted Respondent in removing {3752;002:01259152306x1 s PETITION TO REMOVE TRUSTEE FOR BREACH OF TRUST APPOINTMENT OF TEMPORARY TRUSTEE, A?POINTMBNT OF SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES .H mwmmwwmmm~Hm --- mummAm-mmowoouaagagwg trust pmperty from the Property, vandalized security cameras on the Property, and was a participant in the police. incident on or about January 24, 2020. Based on Scott A. thoenborn’s conduct, there is no basis to believe that he can objectively and reasonably administer the Living Trust for the benefit of Petitioner. VI. DEMAND FOR ACCOUNTING 21. Petitioner incorporates by reference paragraphs 1 through 20 as though fully set forth herein. 22. Petitioner is a principal beneficiary of the Living Trust. AS. a principal beneficiary, he is entitled to an annual accounting, and an accounting upon a change in trustee. 23. In addition to the request for removal of ReSpondent as Tmstee and appointment 0f a successor professional trustee, Petitioner hereby requests a full and complete accounting of the Living Trust pursuant to Probate Code sections 16061 and 16062. VII. APPQINTMENT OF TEMPORARY TRUSTEE 24. Petitioner incorporates by reference paragraphs 1 through 23- as though fully set forth herein. 25. Petitioner is informed and believes, and thereupon alleges, that Respondent’s inability to administar the Living Trust puts at great risk the financial interests of the Living Trust pending the decision 0n the request for removal of trustee. 26. Pursuant to Probate Code section 15642(e), Petitioner respectfully requests. that a temporary neutral trustee be appointed t9 administer the Living Trust during the dependency of the instant actiqn to safeguard the assets of the Living Trust. VIII. APPOINTMENT OF SUCCESSORTRUSTEE 27. Petitioner incorporates by reference paragraphs 1 through 26 as though fully set forth herein. _ 28. In the event Respondent is removed as Trustee. of the Living Trust, the trust document {3?szioozronsglsmocm 6 PETITION TO REMOVE TRUSTEE \ R BREACH OF TRUST, APPOINTMENT OF TEMPORARY TRUSTEE, ' APPOINTMENT O SUCCESSOR TRUSTEE, AND ATTORNEYS‘ FEES 1 lists Scott A. Schoenbom as successor Trustee. 2 29. Petitioner is informed and believes, and thereupon alleges, that the successor tru stee to 3 Respondent, Scott A. Schoenborn, has been complicit and even aided Res pondent in carrying out the 4 aforementioned breaches 0f trust, and is also unfit to serve as Trfistee . The trust dgcument lists 5 Petitioner as successor trastee to Scott A. Schoenbom. As such, Petitioner reques ts that upon 6 Respondent’s l'emovai, Petitioner be appointed as Tru stee of the Living Trust. 7 IX. 8 NOTICE 9 30. Thanames and addresses of persons interest in the Living Tru st and their respective 10 relationship t0 the Trust are as follows: II a. Leonard Schoenborn 12 1453 Wessex Avenue 13 Les Altos, California 94024 14 b. James D. Schoenbom 15 ‘ 10430 South Canyon Oak aims 16 Sandy, Utah 84092 17 c. Séott A. Schoenborn 18 2047 Paseo Olives Court 19 San Jose, California 95 I 30 20 29. No one has filed a Request for Special Notice in this action. 21 WHEREF'ORE, Petitioner requests that: 22 I. The Cqurt suspend Respondent James D. Schoenbom as Trustee of the Schoenbom 23 Family Living Trust during the pendency 0f this litigatio n; 24 2. The Court remove ReSpondent James D. Sc hoenborn as Trustee of the Schoenborn 25 Family Living Trust; 26 . 3. The Court appoint Petitioner Leonard H. Schoenbom as Trustee of the Schoenborn 27 Family Living Trust; 28 4. The Court authorize and direct Respon dent James D. Schoenbom, 01' the temporary {mmoyonsarsz DOCK} 7 PETITION TO REMOVE TRUSTEE FORBREACH 0F TRUST APPOINTMENT OF TEMPORARY TRUSTEE, APPOINTMENT OF SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES 1 Trustee should one be appointed, to pay Petitioner’s attomeys’ fees according to proof to be paid 2 directly from the Trust; 3 5. For costs of suit herein; and 4 6. For such orders as the court may deem just and appropriate. 5 6 Respectfully Submitted, 7 Dated: May 21, 2021. WANGBR, JONES HELSLEY PC 8 9 g é‘x g 10 By: - .Ma __ ' Jay . Christa erson 11 Giulio A. Sanchez Attorneys for Petitioner LEONARD H. 12 SCHOENBORN 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {8752f002f0 £2591 52.DOC}X} 8 "" P'ETTT'I'O' N T'0 R‘EM'”0' 'VETfi'U" s'T"E""'B_ F'o'_R 3"“RE'A-cu 'oT'F' “-"TRUSTTPP-om' 'T"'M_EN" fia-‘F TE“"'MP' ' ORARY" TRU‘S‘TEE, APPOINTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES EXHIBIT A DECLARATon 0F TRUST ART:CLE 1 EsmABLISI-nmm 0F TRUST 1.1.1 v Trust Eatahlishment: HAROLD FRANCIS SCHOENBORN and NANCY LIANE SCHOENBORN, husband and wife, as settlora, will deliver to the trustee without consideration the praperty described in the Schedule of Trust Assets, attached hereto as Exhibit "A". The term "settler" refers to one or both settlers. 1.2.1 Trust Particulars: For convenient reference, the following information applies: Settlers: HAROLD FRANCIS SCHOENBORN and NANCY LIANE SCHOENBQRN Name of trust: SCHOENBO FAMILY LIVING TRUST Date established: ‘ (I, {94! CDWTruStees: HAROLD RANGES SCHOENBORN AND NANCY LIANE SCHOENBORN Children of this Marriage: LEONARD H. SCHOENBORN JAMES D. SCHOENBORN SCOTT A. SCHOENBORN 1.3.3 Frdperty Status - Community and Separate: ‘Any community property transferred to the trust shall remain community property after ita transfer and shall ha called the "community trust estate.“ Further, the trustee shall have the power to canvey, ancumbar, or otherwise disposa of community property withcut the consent of either husband or-wife, whether or not each is then capable of giving.auch consent. Eithar settlor's separate property transferred to the trust shall be called the "separate trust estate" with reference to the cqntributing settler. 7.4.4 Special "Children" Definition: All references to the "settlers' children," "settlers' deacendanta," or "settlers’ child“ inalude all living children listed above and all children subsequently barn to the settlers while they are married to each other. llvfllal Allocation of Trust Estate: The trustee shall initiall allocate the trust eatate as follows: - Baneficiariaa: Trust During Sathlore’ Joint Lives ARTICLE 2 TRUST DURING SETTLORS’ JOINT LIVES 14.1.1 Introdu¢tion2 The trustee shall hold, administer, and distribute all property allocated to tha "Trust During Settlers' Lives" as follows. 14.2.2 Beneficiaries w Both Spouses: The beneficiaries of this trust shall he as follows: Income beneficiarias: Class composed of the Battlers for their joint lives Principal beneficiaries: Class composed of the settlora for their joint lives 14.7.3 Community Income ~ Broad Standard: The trustee shall pay to or for the income beneficiary’s benefit as much of the net income of the community trust estate as neceasary for the income banefiaiary’s health, education, aupport, comfort, welfare, or happineas'to maintain at a minimum the income benaficiary's aacustomed manner of living. The truatee shall add to principal any net incoma not so distributed. 14.7.5 Community Principal - Broad standard: If the trufitee considers the community income insufficient, the trustee shall pay to or for the prinaipal beneficiary's benefit as much of the principal from the cammunity truat estate as necessary for the principal beneficiary’s health, education, support, comfort, welfare, or happiness to maintain at a minimum the principal beneficiary's aagustomed manner cf living. 14.6.3 Separate Income - Broad Standard: The trustee shall pay to or ' for the benefit of an inacme beneficiaxy-as much of the net income from the inceme beneficiary’s separate trugt estata as is necessary for the income beneficiary's health, education, support, comfort, welfare, or happiness to maintain at a minimum the income benefiaiary's accustomed manner of living. The trustee shall add to principal any net income not so distributed. ‘2...» 1496.5 Separate Principal w Broad Standard: If the.trustee considers the separate infiome insufficient, the trustee shall pay to or for the benefit of a principal beneficiary as much of the principal of the aeparate trust estate a3 the trustee considers reasonably necessary for the principal beneficiary's health, education, suppurt, comfort, welfare, or happiness to maintain at a minimum the principal beneficiary's accustomed manner of living. ‘ 1408I1 Beneficiary's Inaapacity - Aacertainable Standard: If a court declares a beneficiary incompatant or 1f the trustee, after consultation with medical profiassionals, considers a beneficiary Unable to manage the beneficiary’a own affairs by reason of physical or mental disability, then tha trustee during the beneficiary’s life may pay to or for the beneficiary as much of the income and principal from the trust estate aa is necessary for the beneficiary’s health, education, or support to maintain the beneficiary's accustomed manner of living. The trustee shall make payments first from the community trust eatata, then equally from the henaficiary’s separate trust estates. The trustee shall add to principal any incoma not distributed. 16.7 Community Payments ~ Special Duty: The beneficiary receiving payments from the community trust estate shall have the sama duty to use community inaome and principal allocations for the inccme and pxincipal beneficiary's benefit as that beneficiary has with respect to any ether community preparty. 14.5.7 Guidelines - Other Sources Considerad: In making diatributiona, the truatea may (1) consider any other income or resources of a beneficiary known to the trustee and reasonably available; (2) pay or apply for one beneficiary more than the other and may make payments or applicationa of benefits for one benefiaiary'to the exclusion of the other; and (3) consider the value of the trust assets, the relatiVe needa, both present and future, of each beneficiary, and the tax consequencea to the trust and to the beneficiaries. 16.6.2 Payments to Others: The settlers acting jointly may at any time direct the trustee in writing to pay single sums or periodic payments Qut of the community trust estate to any person or organizatiqn. The settler who has contributed separate preperty may direct the truatee in writing tq pay single sumg 9r periodic payments out of that sattlor's separate trust estate t9 any other person or organization. Additionally, a Eettlor’s conservator upon appropriate court order may exarciaa this power for payments qualifying for the federal gift tax annual donaa exclusion. 9.2.2 Revocation During Settlora' Lives: During the settlers’ joint lives, either or both aettldrs may revoke from the trust the community trust estate in whole or in part by a written document delivered to the trustee that the trustee may require to be acknowledged. On revocatign, the truatee ghall promptly 'deliver to both settlers or their designee_the revoked portion of the ¢ommunity-trust estate, which ghall continue as the aettlors' community property. The trUstae shall also provide an aoceunting of the truatee's acts for the period since the preceding accounting. Additionally, either settler may revoke, in whole cr'in part, without the consent of the other, the separate trust.estate contributed by the donorwsattlor. If the settlers revoke this trust with respect to all or a majcr portion of the trust estate, then the truatee may retain sufficient assets reasonabla to secure payment of liabilities lawfully incurred by the trustee in the administration of the trust, unless the settlers indemnify the trustee against losses or expenses. 9.4.1 ' Amendment During Settlers' Lives: The settlers acting together may at any time during their joint lives amehd any of the terms of this trust by a written document delivered to the trustee. No amendment shall substantially increase the trustee’s duties and liabilities or change the trustee’s compensation without the trustee’s consent. The trustee need not abida by the terms of the amendment until it is accepted. If the settlers remoVe a trustee, the settlers shall pay to the trustee any sums due and shall indemnify the trustee against liabilities lawfully insurred by the trustee in the administration of the trust. 9-2.3 Powers of Revocation and.Amendment Personal: The aettlors' powers to revoke or amend thia trust are personal to them, and no guardian, conservator, or other parson shall exercise them. This limitation shall not apply to a power to revoke or amend this trust granted by the settler to any person or persons under. the provisions of a Durable Power of Attorney. ARTICLE 3 TRUST ALLOCATION AFTER FIRST SPOUSE'S DEATH 1.5 Action at First Spouse's Death: The first settler to die shall be the "deceasad spouse," and the living settler, the H4- "surviving spouaeo" 7.3.53 Simultaneoua Death - Presumption of Survival: If the settlorg die undar qirqumstances where no sufficient evidence exists that they died otherwise than simultaneously, then the trustee shall conclusively presume the follqwing sequence of deaths: First: Husband Second: Wife 1.2.10.2 Deceased Spouse’s Expenses and Taxes: The trustee may, in the truatee's zeasonable discretion, pay firam the trust estate the deceased spouae's debts, 1a3t illness and funeral costs, and expanaes of administration for this trust and the deceased spouae's probate estate. The trustee may allocate the payment of the deceased spouse's debts to the deceased spouse’s interast in the community trust eatate and the deceased Spouse's separate trust astata as tha trustee determines in the trustee's reaaonabla discretion. However, the trustee ghall further allocate CQmmunity debts between the deceased apouse’s and surviving spouse's interests in the trust estate accqrding t9 california law in effect at the deceased spouse's date of death. ~ 11031.6 . I Allocation 0f surviving Spouse's Property w Surviving Spouse's Trust: At the deceased apouse's death, the trustee shall allocate the surviving spouse's interest in the community trust estate and tha surviving spouse's separate trust estate to the surviving Spouse’a Truat. 4.1.1 Intarrelated Examptign Equivalent Pecuniary Formula and Marital Residue n Diatribution Date Values: The trustee shall allocate the following gifts from the remainder 0f the deaeaaea spouse's interest in the.community trust estate and the deceased Spouse's separate trust estate: (1) Tq tha exemption equivalant gift beneficiary named below, a general pecuniary gift equal to the largest amount that ¢an pass free of faderal estate tax, after allowance of all other deductions, by reaaon of the allowable unified credit and state death tax credit (provided this latter credit does not increase the state death taxes paid) reduced by the Sum of (a) the fiederal estate tax value of all ether gifts passing under thia instrument and outside this instrument included in the deceased spouse's gross taxable estate hut not qualified as federal estate tax marital or charitable deduction gifts; and (b) all debts, administration expenses, and charges to principal not allowed or utilized as federal estate tax deductians; (2) To the marital deductian gift beneficiary named below, the remainder of tha daceased apouse'a community property'trust estate and separate property trust estate. The trust estate shall pay no interest on the examption equivalent gift. The trust estate may satisfy the exemption equivalent gift in cash or in kind, or partly in each, with aasets allocated in kind valued at their dates of aiatribution net values. The deceaaed spouse recognizes and aonfirms that the ultimate value of the trust estate and trustee actions and elections may result in Variable funding of these gifts. Exemption equivalent gift beneficiary: Family Bypass Truat Marital deduction gift benaficiary: Marital Appointment Trust 4.6.1 Special allocation Guidelines: In computing the interrelated eXemption-marital gifts, the trustee shall disregard all assets that would disqualify the marital deduction. In all other respects, the trustee shall have the sole discretion to select the assets that will constitute the marital gift. In exercising that discretion, the trustee shall consider the tax advantagas and disadvantages of allocating to the marital gift the fallowing: (1) Assets not qualifying for the marital deduction: (2) Assets qualifying for the federal eatate tax foreign death taxes credit; ' (3) Securities qualifying for Internal Revenue Code capital gain corporate stock redemption, unless they exceed the maximum number of shares qualifying for such redemption; (4} Assets qualifying as Internal Revenue Code income in respect of decedent} (5) United States Treasury bonds eligible for redemption at par as payment of federal estate taxes; and (6) Unmatured lifa insurance policies. Additionally, the trustee shall allocate to the exemption equivalent gift that amount of any retirement, profit-sharing, or death benefit plan exaluded from federal astate taxes. A130, the trustae shall charge and pay from the exemption equivalent gift to the extent of reaaonably available assets: (1) A11 death taxes payable from afich gift; and (2) All debts and expenses of administration deducted against fiduciary income. Further, the trustee may or may not fund all truats prorata with insurance proceeds, retirement plan distributions, or other contract payments that are paid to the trustee, unless the beneficiary designations specifically earmark a particular trust. 17.3 Disclaimer Limitation: Any disclaimer shall not be taken‘inta account in determining the amount of reduction of the marital deduction amount or increase in the nonmmarital deductian amount needed ta increase the deceased spouse's taxable estate to the largeat amount that will not result in a federal estate tax, and such raauction of the marital deduction amount shall ha computed as though the disclaimer had not been made. 3.1.3 Death Taxes - Statutory Provisions and Exemption Gift: The deceased spouse directs the trustee to charge and collect all federal death taxea for asaets passing unaer this trust, under the dadeased Spouse's will, and outside the deceasad spouse's trust Or will from these persons sharing in the deceased apouse’a taxable aatate 1n acaordanoe with California Probate Cede provisions for death tax apportionment and allocation. However, as three exceptions, the decaased spouse directs the trustee to pay from tha exemption equivalent gift, without appqrtionmant among the beneficiaries, (1} all federal death taxes chargaable to any aaseta passing undar or outaide this trust or the deceased spouse's will constituting federal estate tax marital deduction gifts; (2) all federal death taxes chargeable to any family allowance: and (3) all federal death taxes chargeable to any gift under this trust or the deceased spouse’s will deaignated a5 "frea of all death taxes." The deoaasad spcuse recognizes and confirms that such statutas provide that if a beneficiary's gift aantributea to the taxable estate, the beneficiary muafi pay a proportionate share of the tax calculated at the average tax rate. Further, the deceased spouse directs_that all state daath taxes shall be charged and ¢olleatad in the same manner as the federal death taxes and not as a probate administratian expenae. To the extent other aaaets are available, the trustee shall not usa any qualified retirement plan diatrihution excluded from federal estate tax under the Internal Revenue Code to pay taxes,'debts, or other chargea enforceable_against the deceased spouse's estate. 4.9 Specific Deferral of Division - Until Diaolaimer: At the deceased spouse’s death, in order not to jeopardize the surviving spouse's opportunity to affect a disclaimer of the deceased spouse's propexty passing to the Marital Trust, the trustee shall delay funding the Marital Trust until the earlier of (1) the expiration ofi the maximum perigd under the Internal Revenue Code permitted for disclaimer; (Z) the filing by or on behalf of the aurviving spouse with the truatee of a written waiVer of the disclaimer right; or {3) the filing by or on behalf of the surviving Spouse of a written disclaimer. Until the occurrenae of the earlier of thesa events, the trustee shall aacumnlate all income of the deceased Spouse’s property in a segregated subaccount of the trust eatate, and the trustee shall not distribute any principal to the surviving spouse or -7u tha Marital Trust“ Upon the occurrence of the earlier of these three eventa, the truatee shall make the distribution or division as if it had taken place at the prea¢ribed time absent this paragraph, and all beneficiary rights in these trust assets shall accrue and vest as of the prescribad time. 9:294 Revocation w Surviving Spouse'a Trust: Aftar the allocation of the truat estate, the following provisions regarding requation and amenfiment shall apply: (1) Surviving Spouse's Trust: The surviving quuse may revoke and amend the Surviving Sponge’s Trust subject to the qualifigations cantained in Artiale 1. (2) Other Trusta: A11 Other trusta shall become irrevogable-and nonamendable. ARTICLE 4 SURVIVING SPOUSE’S TRUST 14.1 Introduction: The trustee shall hold, administer,‘and distribute all prqperty allocated to the Surviving Spouse’s Trust as follows: 14.2 Beneficiary u Surviving Spouse: The beneficiary of this trust shall be as follows: Income beneficiary: Surviving spouse Principal beneficiary: Surviving sponge 14.3.3 Income - Broad Standard: The trustee shall pay to or for the income beneficiary as much of the net income as the truatee considers necessary for the income benefiaiary’s health, edu¢ation, support, comfort, Welfare, or happiness to maintain at a minimum the income beneficiary's accustomed manner of living. The trustee shall add to principal any net income th so distributed. 14.4.2 Principal - Braad standard: If the trustee considera the inoomg insufficient, the trustee shall pay to or for the principal beneficiary as much of the principal as is reasonably necessary for the prineipal henaficiary's health, education, auppcrt, comfort, welfare, or happiness ta maintain at a minimum the principal beneficiary'a accuatomad manner df living. 14.5.1 ' Guidelinas ~ Other Sourcas, One Benefiioiary: In making distributions, the trustee, in its reasonable discretion, may consider any other insome 0r resources of tha beneficiary known to the trustee and reasonably available. 16¢1.l Surviving Spouse's Lifetime Income and Principal General Power of Appointment - Broad Standard: At any tima during the surviving Spouse's life, the trustee shall distribute all or any part of the trust, including acarued incama and undistrihflted income, t9 finch one or more persons and entitiea, including the surviving spouse or the surviving quuse's estate, and on such terms and aonditions, outright, in trust, or by creating further powers of appointment, as the surviving spguse Shall request by an acknowladged document that specifically refera to thig power of appointment. 17.2.2 Disclaimer of Trust Interest u To Family Disclaimer Trust: If the surviving Spouse effectively disclaims all of the surviving spouse's beneficial interest in all or any portion of thia trust, the trustee shall distribute the trust, or that portion of the truat corresponding to the disclaimed interest, to the Family Disclaimer Trust. 16‘104 Surviving Spouse'a Deathtima Income and Principal General Power of Appointment: 0n the death of the surviving apouse, the truatee shall distribute the remainder, if‘any, of the trust, including accrued income and undistributad income to such ane or mere persons and entities, including tha surviving'spouse's estate, and on such terms and Conditions, either outright, in trust, or by creating further powers of appointment as the aurviving spouse shall appoint by a valid instrument or lifetime document that was executed after the deceased spouse's death and specifically refera to this power of appointment. If the surviving Spouse does not effectively appoint all the trust eatate, the trustee shall distribute such property aanrding to the distribution provisions below. 15.1.3 Distribution - Family Bypass Trust: At the surviving Spcu$e’s death, the trustee shall distribute (1) any accrued and undiatributed income to the surviving spouse’s aatata, and (2} any remaining principal accarding to the Family Bypass Trust ' distribution prpvisions; 12.10.1 Spouse’s Laat Illness ExPenses and Taxes: At the surviving spouse’s death, the trustee, in the trustee'a reagenable discretion, may pay the expenses of the surviving spouse's last illness and funeral, other obligations incurred for the surviving spouse's suppart, and any estate or inheritance taxes arising by reason of tha surviving spouse'3 death from either «End. .' income or principal 9f this truét to the extent they have not been specifically appcinted, unless other adequate provisions exiat. 3.1.7 Death Taxes w surviving Spouse’s Will: The surviving spouse directs the truatee and tha surviving Spouse's executor to charga and collect all federal death taxes for asaets passing under the surviving spouse’s will and outside the surviving spouse’s will from those gargona sharing in the federal taxable estate in aacordance with the California Probate Code yravisiens for death tax-apportionmant and allocation, Further, the surviving Spouse directs the trustee to charge and collect all state death taxes in the same manner as the federal death taxes.and not as probata administration expenses. These tax directions shall not apply to any gifts passing under the surviving spouse’s will or under this trust designated as “free of all death taxas,” and the trustee shall pay all such death taxes from.the remainder of the truat estate without apportionment among the beneficiaries. 3.6.4 Recovery of Additional Tax Under IRC Section 2207A u Discretionary With Trustee: If the surviving spouse’s taxabla estate includes the value of property to which section 2044 of the Internal Revenue Code applies, the surviving spouse's executor and trustee shall have discretion to recover or not to recover from the person or persons recaiving that property as much of the amount that the surviving spouse’s estata is entitled to recover under section 2207A of the Internal Revenue coda as they consider approPriate. ARTICLE 5 MARITAL APPOINTMENT TRUST 14.1 Introduction: The trustee'shall hold, administer, and distribute all proparty allocated to the Marital appointment Trust as follows: 14.2 Beneficiary w Surviving Spouse: The beneficiary of this trust shall ha as follows: Income beneficiary: Surviving spouse Principal beneficiary: Surviving spouse 16.1.8 Surviving Spouse's Lifetima and Deathtima Inceme General Power 0f Appointment: At any time during the surviving spouse's life at annual or more frequent intervals, the trustee ahall distribute all or any part ¢f the accrued income and -10u¢ '\.__/' undistributad in¢ome to One or more persons and entities, including the surviving spouse or the surviving spouse'a estate, and on such terms and conditions, either outright or in trust, as the aurviving spouse shall direct by either (1) an acknowladged document that specifi¢a11y refers to this power of appointment, or (2) by a valid will that specifically rafers to thia power of appqintment. Undiatributed income shall remain trust aGGQQnting incqme from year to year, continually subject to this general power of appointment. At the surviving spouse's death, the trustee ahall add any accrued and undistributed income not diatributed by thig genaral power of appointment tq principal. The trustee, at tha surviving . apouse’s death, shall then distribute this accrued and undigtributad income as principal, first according to the axeraiae by the surviving Spouse of any genaral or special deathtime power of appointment aver principal, then secondly aoaording to the distributiOn provisions below. 14fl306 Marital Trust Income u Asdartainable Standard: The trugtee shall pay to or for the income beneficiary as much 0f the net' income as is necessary for the inccme beneficiary’s health, education, or support to maintain the income beneficiary's accustomed manner of living. 14.4.2 Principal - Broad Standard: If the trustee considers the income insufficient, the trustee ahall gay to or for the principal beneficiary as much of the pr ncipal as the trustee oonaiders neoeasary for the principal beneficiary’s health, education, support, comfort, welfare, or happiness to maintain at a minimum the principal beneficiary'a accustomed manner of living. 14.5.1 Guidelinea - Other Sources, One Beneficiary: In making distributiona, the trustee, in its reasonable discretion, may cgnsider any other income or resources of the beneficiary known to the trustee and reagonahly available. 16.1.1 Surviving Spouse's Lifetime Income and Principa1~Genera1 Power of Appaintment w Bread Standard: At any time during the Surviving spouae's life, the trustee shall distribute all or any part of the trust, including accrued ingome and undiatributed incama, to such one or mare persons and entities, including the surviving spouse or the surviving spouse’s estate, and en such terms and conditions, outright, in trust, or by creating further powers cf appointmant, as the surviving gpouae shall request by an agkngwledged document that Specifically refers ta this power of appointment. _ 11 _ 17.2.2 Disclaimer of Trust Entarest w To Family Disqlaimer Trust: If tha.surviving spouse effectively disclaims all of the surviving quuae's beneficial interest in all or any porticn of this trust, the truatae shall distribute tha truat, or that portion of the trust corresponding to the disclaimed interest, to the Family Disclaimer Trust. 15.1.3 Distribution m Family Bypasa Trust: At the surviving spouse’a death, the trustee shall distribute (1) any accrued and undistributed income to the $urviving spouse's estate, and (2) any remaining pringigal according t9 the Family Bypaas Trust distribution provisions. 13.10.1 Surviving Spouse's Last Illneas Expenges and Taxes: At the surviving spouse's death, the trustee, in the trustee’s reasanabla discretion, may pay the expenses of the surviving spouse's last illnaaa and funeral, other obligations incurred for the surviving spouae's support, and_any estate or inheritance taxes arising by reason of the surviving Spouse'g death from either income or principal of this trust to the extent they have not been Specifically appointed, unless other adequate provisions exist. 4.8 Marital Deduction Intentian: The deceased spouse intends that thia marital trust qualify for the marital deduction provisicns of the Internal Revenue Code. Therefore, tha deceased spouse directs that the trustee not take any action or exercise any power that will impair the marital deduction. Further, the decaased spouse specifically directs that the following proviaions apply to the marital trust, notwithstanding contrary provisions in this instrument: (1) The surviving spouse, by written instrument delivered to the trustee, shall have the right to direct the trustee to convert any non-incomeflgroduaing property, including life insurance pclicies, to incame-producing property, and the trustee shall comply with any such direction within a reasonable_tima.after its réceipt; (2) The trustee shall determine all matters with respect to what is principal and incoma and the apportionment and alloaation of receipts and expanses by the provisions of the California Revised Uniform Prinai a1 and Income Act from time to time existing and shall establ 5h resarves for depreciation and depletion. When such act is silent, the trustee, in the trustee's reasonable discretion, shall determine the characterization and allocation; (3) For all bonda purchased at a disccunt, the trustee shall, at least annually, accumulate and pay each diseaunt as interest if necessary from principal or the sale or redemption f 12 * pro¢eed53 (4) The surviving spouse shall have the right to continua t9 occupy any real property free of rent in which the trust holds an intereat and which the settlers used regularly or occasionally as a;rasidence or vacation home at the time of the degeased spouse’s death. However, the surviving spouae, in the aurviving spouse’s discretion, may direct the trustee to sell any such property and replace it with another rasidence of ccmparable or lgwer Value selected by the surviving sponge. mhe trustee shall pay such fiortian of the mortgage or trust deed payments, preperty taXes, aasessments, insurance, maintenance, and crdinary repairs on all such prOperty as is Eropcrtional to the interest in such property held in the rust. (5) If the trustee redeema treasury bonda at par to pay a aetthr's federal estate tax liability; the trustee shall conaider any accruad interest on auqh bonds in calculating the payment of income from the marital trust to the surviving sponge. ARTICLE 6 FAMILY BYPASS TRUST 14.1 . Introduction: The trustee shall hold, adminiéter, and distribute all property allocated to tha Family Bypass Trust a9 follows: 14.3 Banaficiarias - Surviving Spause, Settlers’ Descendants: The beneficiaries of this trust shall be as follows: Inccma beneficiary: Surviving spouse Principal.benefi¢iariaa: Class compoaad ofi the aurviving Sponge as primary beneficiary and the settlers' descendants l4.3.2 Incame - Ascertainable Standard: The trustae shall pay to or far the income benefiaiary as much of the net income as is necessary fer the income beneficiary's health, eduqation, or support to maintain the inaome beneficiary’s accustomed manner of‘livinq. The trustee shall add to principal any net income not so distributed. 14.4.1 Principal - Assertainable Standard: If the trustee ccnsiders the income insufficient, thd trustee shall pay to or for the principal beneficiary as much of the principal as is necesaary for the principal beneficiary’s health, education, or support to maintain the principal beneficiary’s accustomed manner of living. ¢ 13 - ‘146593 InGuidelines - ethar Sourcea and Sprinkling Discretion: making distributions, the trustee, in its reasonable discretion, (1) may consider any other income or resources of the beneficiary, including the benefiaiary's ability to obtain gainful employment and the obligation of othars to support the beneficiary, known to the trustee and reasonably available for the purposaa stated here; (3) may pay mare to or apply more for some beneficiaries than others and may make payments to or applicatiqns of benefits for ens or more beneficiaries to the exclusign of others: (3) may consider the value of the trust assets, the relative needs, both present and future, of eaah membar ¢f tha beneficiary class, and the tax consequences to the trust and to any beneficiary; and (4) shall charge distributions of inflame and principal against the entire trust egtate and not against the share of the individual beneficiary to whom or for whom the distribution was made. 17.2.3 Disclaimer of Trust Interest w Diatribution Provisions: If the surviving spouse effectively disclaims all of the aurviving spouse's beneficial interest in all or any portion of this trust, the trustee shall distribute the trust, or that portion of the trust corresponding to the disclaimed.intarest, according to the distribution provisions below. 2.1.35 Gifts ~ Free of Taxes: The trustee shall make the following gifts of tangible personal property, free of taxes: As indicated 0n that axhibit to the trust entitled "Tangible Personal Property Trust." The gifts listed on said attachment, if any, are intended to be specific gifts, and in the event that the property described in such attachment is, for any reason, not available or not part of the truat estate, resort shall not ha had ta any other assets of the trust estate to fulfill them. 15.2.3 Distribution «'Outright to Settlers' Descendants, Surviving and Deceased Spousea' callateral Heirs: At the surviving spgusa's death, the trustee shall distribute the remaining trust estate to the settlers' then-living descendants, by right of representation. Distribution of principal to any grandchild of trustors' ahall not occur until such grandchild reaches the aga 9f twanty-five or graduates from a fcurwyear collage, whichever first occurs. If no desaendanta exist, the trustee shall give the remainder equally to PATRICK CRAWFORD of Colorado Springs, Colorado, LOIS CRAWFORD of Santa Ana, California and JOHN L. JOHNST¢N of Magolia, California, or the - 14 - Wu" surviving of them. If no such beneficiaries exist, the trustee shall give half the remainder to the deceasad.spousa's heirs and half to the Surviving apouse’g heirs, their identities and shares ta ha determined under Califarnia law in effect on the date of exeGutiqn of this instrument relating to auccession of separate proparty that was not acquired from a parent, grandparent, or previougly deceased spouse. ARTICLE 7 FAMILY DISCLAIMER TRUST 14.1 Introduction: The trustee shall hold, administer, and distribute all property allocated to the Family Disclaimar Trust as follows: 14.2 Benefiaiaries w Surviving spouse, Settlers’ Deacendanta: The beneficiaries of this trust shall be as follawa: Income beneficiary: Surviving spouse Principal beneficiaries: Class composed of the surviving spause aS'primary beneficiary and the settlers’ desaendanta I 14.3.2 Income - Ascertainable Standard: The trustee shall pay to or for the income beneficiary as much 0f the net income as is necessary for the income beneficiary’s health, education, or support to maintain the income beneficiary's accustomed manner of living. The trustee shall add to principal any net income not so digtributad. 14.4.1 Principal «'Asoertainabla Standard: If tha trustee considera the income insufficient, the trustee shall pay to or for the principal beneficiary as much Of the principal as is necessary for the principal beneficiary's health, education, or support to maintain the principal beneficiary’s accustomed manner of living. 14.5.3 Guidelines - Other Sources and Sprinkling Discretion: In making distributions, the trustee, in its reasonable discretion, (1) may consider any other income or resources of the beneficiary, including the banaficiary'a ability to obtain gainful employment and the obligation of others to Support the beneficiary, known to the trustee and reasonably available for the purposes atated here; (3) may pay more to or apply more for some beneficiaries than others and may make payments to or applications of benafiits for one qr more beneficiaries to the -15- kw. eXQIUBion of others; (3) may consider the value of the trust assets, the relative needs, both present and future, of each member of the beneficiary class, and the tax consequences t0 the trust and to any beneficiary; and (4) ahall charge distributions of income and principal to the antira trust estate, and not against the share of the individual baneficiary to whom or for whom diatribution was made. 17.2.3 Disqlaimer of Trust Intarest - Distribution ProvisionS: If the surviving agouse effectively disclaims all of the surviving Spouse’s beneficial interest in all or any portion of this trust, the truatee shall distribute the trust, or that portion of the trust corresponding to the disclaimed interest, . according to the distribution provisions below. 15.1.5 ' - Diatrihution - According to Family.Bypaas Trust: At the surviving spouse’s death, the truatae ahall distribute all asaata in this trust according to the distribution provisions of the Family Bypass Trust. ARTICLE B OFFICE OF TRUSTEE 10.1.1 Nomination of Trustees for A11 Trusts: For all trugta under this instrumaht, the trustee and successor trustees shall be those persona named below. Each successor trustee shall aerve in the order designated if the prior truatee fails to qualify or ceases to act. Co~Tru8tee$3 HAROLD FRANCIS SCfiOENBORN and NANCY LIANE SCHOENBORN Successors First: ABOVE REMAININQ co-TRUSTEE Seaend: trustora' son, JAMES D. SCHOENBORN Third: truatora' son, sco'm' A. sCHOENBORN' Fourth: trustors' son, LEONARD H. SCHOENBORN 10.8.1 No Compensation for Trustee: The trustee shall provide all services under this trust without compensation, unless a carporate trustee is appointed. 10.10.1 Employment of Consultants - General: The trustee may employ custodiana, attorneys, accountants, investment advisers, corporate fiduqiaries, qr any other agents-or advisers to assist the trustee in the administration of this trust and may rely on the advice given by these agents. The trustee shall u 16 _ pay reasonable compensation for all services perform ed by thage agants from the trust estate out of either income or prin cipal as the trustee in the trustee's reasonabla discretion determines. Thesa payments shall not dacreaae the compensa tion to whioh the trustee is entitled. 10.11.11 _ Exoulpatory Clausa - A11 Trustees: No trustee shall he liable to any person interested in this trust for any act or defa ult unless it results from the trustea’s bad faith, willful misconduct, or gross negliganae. ~17« "r 10.11.2 Waiver of Liability fox Predecaaaor Truatee: Any succesaor of trust assetstruatee may a¢cept a3 correct any accounting maae by any predecessor trustee. However, a successor trustee may institute any action or prooaading for the settlement of the aqgounts, acts, 9r omissions of any predecessor truatee. 10°12 Bond ~ Waiver: No truatee, including a nonresident, shall be required t9 post bond or security. 11e55 Trust Administratien and Powers 9f Trustee: For all trusts under this inatrument, the trust shall be adminiatered and the trustee shall have the management, aacaunting and distribution powers aa get forth in the attaahed Sahedule of Provisions far Adminiatration of Trust and for Powars of Trustee. ARTICLE 9 CONTEST, DISINHERITANCE, DEFINITIONS 7.1.1 No Contest ~ Contestant Disinherited: If any beneficiary in any manner, directly or indirectly, contests or attacks this instrument or any bf ita provisions, any share or interest in tha trust given to that contesting beneficiary under this instrument-is revoked and ahall be disyosed~of in the same manner providéd herein as if that contesting beneficiary had predeceased the settler. 7.3.1 Survivorahip Requirement: For all gifts under this instrument, the beneficiary must survive the donor-settlor for Sixty (60) days before entitlement to such gifts. 11.34 Trustee Powers Survive: All of the truatee’s powera, dutiea, and immunities shall continue after termination of any trust until the trustee has made actual distribution of the trust estate. 7.4.2 Definitions - Trust: definad as follows: "Descendants" shall mean lineal deacendants in any degree of the ancestor designated and shall include persons adopted during minor ty. As used in this instrument, the terms are -13.-. "Brothera and sisters" shall include halfnbrothers and half-aisters if those peraons are lineal descendants of the settler. "Trust," “trusts,” and “truat estate“ shall be intérpreted in the singular or pluxal as the context indicates. "Corporate trustae" shall mean a trust company or a bank with trust powers authorized to act within the United Statefi. “Education expensea" shall include the cost of alamentary, secondary, college, university, postgraduate study, seminars, individual or independent research or study, and travel or foreign study. The trustee may also oonaider the beneficiary's related living expanses to the extent they are reasonable. "Death taxea" shall include federal, foreign, state, and local estate and inheritance taxes, including penalties and interest, hut not generation-skipping or special use Valuation recapture taxes or marital deduction qualified terminable interest attribution. "Disclaimer" qr "qualifiad disclaimer" has tha same meaning that "qualified disclaimer" has under the Internal Revenue code and gupporting regulations. The masculine, feminine, or neuter gendar and the singular or plural number shall each include the others whenever the context indicates. "Beneficiary's other resources" shall include the beneficiary’s employable skills and a third party’s support obligationfi. “Primary beneficiary" is a beneficiary whose intereats and needs the trustee shall consider to be paramount over the other designatad beneficiaries in the class. Clause headings are for reading convenience and shall be disregarded when acnstruing this instrument. ARTICLE 10 EXECUTION AND ACKNOWLEDGMENT 8.1.55 signature Clause: We, and each of us, certify that: l. WE, and each of us, have read the foregoing Declaration of Trust: _ 2. The foragoing Declaration of Trust correctly states the terms and conditions under which the Trust Estate is tv-be held, managed, administered, and diaposed of by the Trustee; 3. W9, and aach of ua, approve such Declaration of Trust in all particulars; and [THIS SPACE INTENTIONALLY LEFT BLANK] n20... XVI km. 4. Aa the Truatee named in such Declaratiqn of Trust, we, and each of us, approve and accept the trusts provided for in auch Declaration. QM N __, 1931C; } California. SETTLORS:mm JM gARoLD FRKNEIS SCHUENBORN TRUSTEES. HAROLD chxs SEHOENBORN STATE 0F CALIFORNIA ) ) SS. COUNTY 0F 2,3 géééfi _ .) On his fig f4 day of 4¢ém inég , before me, the undéréigned, a Notary Public in and far the State of california, personally appeared HAROLD FRANCIS SCHQENBQRN and NANCY LIME SCHQENBQRN, known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are suhacribed to this instrument, and acknawledged that they executed it. WITNESS my hand and official seal. signature W644?) f. @flxzaé+ tw 4., P 21 - Tv-vT-v-w-r-w-T EXHIBIT A of the SCHOENBORN FAMILY LIVING TRUST SCHEDULE OF TRUST ASSETS We, HAROLD FRANCIS SCHOENBORN and NANCY LIANE SCHOENBORN, declarfijfi§%giitlora Of the ng?ENBORN FAMILY LIVING TRUST ‘datfid l? , 19 , that the following agsats have been or ére hereby transferred to the Trustees, by certain instruments of transfer when appropriate, and retaining their nature as community proParty unless the asset is stated to be the separate property of a Settlor. The gum of $100.00 cash is hereby transferred to the Truat, regardless of execution or signature of this document. DATE RECEIVED D E S C R I P T I O N O F P R O P E R T Y ---I-b-Iunt-u-ot-Iu---um---fl mm-q-q-n-u u-fi--uu-u-mm---m"fiflap-Fg-_fifimu--w---w1---m- wnwu I- m nn‘ '\ \Mu‘ DfiTE RECEIVED D E S C R I P T i O N 0 F P R 0 P E R T Y “MW-“'flw-flm-wflww-fl-vw-awmflmu'mwwmmmwuflH-n-uwumunuwflan-u-flpqnm-fiwummwwfi CERTIFICATE OF RECEIPT: The undersigned SettlorB/Trusteas hereby certify that the above schedule of aasets describes that property which has been transferred and deliVered to and accepted by the Truatee(s) of the Trust, which is 1n full force and effact. [HAROLD FMCIS SCHOENBORN Dated: EXHIBIT A of the SCHOENBORN FAMILY LIVING TRUST SCHEDULE 0F TRUST ASSETS We, HAROLD FRANCIS SCHOENBORN and NANCY LIANE SCHOENBORN, daclare as Sfififkiys of the SCHOENBORN FAMILY LIVING TRUST dated . ... axg. ’(_ Y , 19 fl! , that the following assets haVe been or'Vare hereby transferred to the Trustees, by certain instruments of transfer when appropriate, and retaining their nature as community property unless the asset is stated to be the separate proparty of a Trustor. The sum of $100.00 cash is hereby- transferred to the Trust, regardlesa of execution or signature of this documento DATE _ RECEIVED D E S C R I P T I O N O F P R O P E R T Y u-HHF-w-nwwm-wmp-wmwwun mHpumMm--flmmmuuum---nt-¢guy-uw-wunnfiflufi-d-ufimmn '3 DATE RECEIVED D E 3 C R I P T I O N 0 F P R O P E R T Y fl-“Ifl “Hw-nwwmt-Ouu-I-w “hr.”-mnfl-v-wm-fi-mm‘lH--mm=fiflm-m-mwmufiflm fl-Hm--u-¢H-u-n- CERTIFICATE 0F RECEIPT: The undersigned SettlorB/Trustees hereby certify that the above schedule of aasets deacribas that property which has been transferred and delivered to and ac¢epted by the Trustee(s) of the Trust, whi¢h 13 in full force and effect. Dated: HARQLD FRANCIF'SCHOENBORN Dated: NANCY LIANE SCHOENBQRN - .. ‘l THE FOLLOWING ITEMS ARE HEREBY RDDED AS ASSETS OF THE SCHOENBQRN FAMILY LIVING TRUST: DATE RECEIVED D E S C R I P T I O N O F P R O ? E R T Y -HHHH-flfludflflmwnw-Hu-wn---n-wWPn-‘H-_-dm-¢--nfinu-o--Imfl--~-flflm-HflflvflIflflflfiwfl CERTIFICATE OF RECEIPT 0F ADDITIONAL ITEMS: The underaigned Settlers/Trustees hereby certify that the above schadule of assets describes that additional property which has been transferred and delivered to and afldepted by the Trustee(s) of the Trust, which is in full force and effect. Dated: ' HAROLD FRANCIS SCHOENBORN Datad: ‘ _ _ NANCY LIANE SCHOENBORN THE FOLLOWING ITEMS ARE HEREBY ADDED AS ASSETS 0F THE SCHOENBORN FAMILY LIVING TRUST: DATE RECEIVED D E S C R I P T I O N 0 ? P R 0 P E R T Y ---_-=--¢"munu-a-I-I--n-ld-nu‘u-n-u-IIA-Ium-flH-‘Hmfl--_uu--m-_-- uWflannw-cn-I-HF-a-Idm m-iHII-fln-l *Iflmfl CERTIFICATE OF RECEIPT 0F ADDITIONAL ITEMS: The undersigned -Settlors/Trustees hereby certify that the above schedule of assets describes that additional property which has bean transferrad and delivered to and accepted by the Trustee(s) of the Trust, which is in full force and effect. Dated: HAROLD FRANCIS SCHOENBQRN Dated: ‘ NANCY LIANE SCHOENBORN K "~Ma- scHEDULE OF Paovxs;ONs FOR Anmxuxsggamipy OE TRUST_AgD FOR EQWERS_0F TRUSTEE THE SQHQENBQRN_FAMILY ?Rusw The following are tha administration provisions and the powafiagifl?ted the Trustee(s of the SCHOENBORN FAMILY TRUST dated ,4 JJ 19 éfi 3 contextual references herein are to thévfireceding Dealaration 0f Trust instrument creating said TruSt: TRUST ADMINISTRATION PROVISIONS 13.1.1 Introduction: The following additional trust provisions shall apply under this instrument. 13'2 Spendthrift Provision: No beneficiary shall anticipate, assign, encumber; or aubjeot to any creditor’s claim pr to legal process any interest in principal or income before its actual receipt by any beneficiary. The beneficial and legal interests in this trust, its principal, and its income shall be free from interference or control of any beneficiary's creditor and shall not be subject t0 claims cf any such creditor or liable to attachment, execution, bankruptcy, or other process 0f law. 13.3.1 Perpetuities Savings Clause m Surviving Spouse and nascendants: A11 trusts created by this instrument or by the exercise of any powar of appointment shall terminate twenty-one (21) years after the death of the surviving spouse and of the sattlors’ descendants living at the surviving apouse’s death. The trustee shall distribute the principal and undistributad income of a terminated trust to the then-living income beneficiaries of that trust in the same prbportion that the beneficiaries are entitled ta receive income when the trust terminates. At the time of such termination, if the txust does not fix the rights to income, the trustee shall distribute the trust by right of rapresentation to the persons who, in the trustee's reasonable discretion, are entitled to receive trust payments. z 13.5 Diaclaimer of Administrative Powers: The trustee may disclaim, Bwl releaaa, or refitrict the saope of any power held in connectian with any truat, including any administrative power, whether such power is expressly granted or implied by law, by a written inatrument spacifyinq the power t0 he disalaimed, released, or restricted and the nature of any such restriction. The special trustee shall exercise all pawers disclaimed or released; 13.6 Trustee Pewars - Fiduciary Role: The trustee shall exercise all 9f the powers 1n the trustee's fidu¢iary capacity and only in such capagity. Further, the trustee shall have n0 power to enlarge or shift any of the beneficial interests undar any trust except as an incidental consequence of the discharge of the trustee's fiduciary duties and shall not make any distribution that discharges any beneficiary’s legal Obligatipns of support. 13.7 Compromise Claims: The trustee shall have the power to compromise, submit to arbitration, abandon, or otherwise adjust any claims or litigation against or in favor of the truat. 13.8 ' Litigation: The trustee shall have the power to commence or defend litigation with respect to the trust estate, as.the trustee may deem advisable, at the expense of the trust. lgig ' I Conflicting Claims and Withholding Payment: 0n.the oacurrence of any event requiring the trustee to divide, segregate, or distribute the trust property, the trustee may delay, without the payment of interest, the-division, segregation, or distribution of all or any part of such property for such period of time as may be necessary to ascertain and provide_for any such contingent liability. However, this delay shall not affect the vesting of any interests or the accrual and payment of trust income to any beneficiary._ 13.10.2 Truatee Powers $urvive: All powers, duties, and immunities 0f the trustee ghall gontinue after termination of any trust and until the trustee has mafia actual diatribution of the praperty of such trust. 13.11.1 Notice 9f Events: Unless the trustee receivea written notice of the occurrence of an event affecting the beneficial interests of the trust, the trustae shall not be liable to any beneficiary for any distributicns made or other.actions taken by the trustea in good faith. .‘I I 13.12 Additions to Trust by Third Party: With the consent of the trustee, any third party may add additional property at any time to any trust. 13.15 california Law Governs: California law ahall govern the validity, construction, interpretation, and administration of all trusts under this instrument. 13.16 No Contract for Disposition ofl Trust: No settler has made any agreement (othar than this instrument) controlling the disposition of tha trust estate, and the provisions of this trust shall not be read as evidence of any such agreement. TRUSTEE MANAGEMENT POWERS 11.1 Introduction: For all trusts under this infitrument, the trustee shall have the management powers fiat forth below in .addition to those pbwers now or hereafter conferred by law. llaz ' Retain or Abandon Property: The trustee shall have the power to continua to hold any property, including shares of the trustee's own stock, or to abandon any preparty that the trustee receives or acquires. 11.3 Unproduotive Property: Except when specifically restricted, the trustae shall have the power to retain, purchase, or otherwise acquira unproductive proparty. 11.4. Sell, Exchange, Repair: The truatee shall have the power to manage, control, grant Options on, gall (for cash or on _ deferred payments with or without security), convey, exchange, partitiqn, divide, improve, and repair trust property. 11.5 Lease: The trustee shall have the power to lease trust property for terms within or beyond the terms of the trust and for any purpose, including exploration for and removal of gas, oil, and other minerals and to enter into community oil leases, pooling, and unitization agreements. 110601 Investmants ~ General Pover: The trustee shall have the pover to invest and reinvest the trust estate in every kind of preperty, real, peraonal, or miXQd, and every kind of investment, Specifically including, but not by way of limitation, corporate obligations of every kind, stocks, preferred or Gammon, Shares in inVestment trusts, investment companies, mutual funds, mortgage participations, life insurance policias on the lifé of any beneficiary that men of prudence, discretion, and intelligenée acquire for their own account, and any common trust fund administered by the trustee. 11.7 - Sa¢urities: The trustae shall have all the rights, powers, and privilegaa of an owner of the $ecurities held in trust, including, but not by way of limitation, the power to vote, give proxies, and pay assessments; to participate in voting trusts and pooling agreements (whether or'not extending beyond the term of the trust): to enter into shareholders’ agreements? to consent to foreclosure. reorganizationg, congolidations, merger liquidations, galea, and leases, and, incident to any such action, to deposit securities with and transfer title to any prcteotive or other committee on such terms as the trustee may deem advisable; and to exercise 0r sell stock Subscription or conversion rights. 11.8 Investment Funds: The trustee shall have the power to inveat in mortgage participations, in shares of investment trusts and xegulated inveatmant companies, including any under the control of any inVQstment counsel employed by the trustee, in mutual funds, money market funds, and index funds that inVastora of prudence, discretion, and intelligence acquire for their own aQGOunt s 11.9 Nominee's Nama: The trustee shall have the power to hold aacurities or other preparty in the trustee's name as trustee under this trust, or in the trustee’s own name, or in the name of a nominaa, or the trustee may hold securities unregistered in such aondition that ownership will pass by delivery. ‘ 11l10 Insuranae: The trustee shall have the power to carry, at the expense of the trust, insurance of such kinds and in such amounts as the trustee deems advisable to protect the trust estate against any damage or loss and to protect the trustee against liability with respect to third parties. 11.19 Borrow a General: The trustee shall have the power to barrow money and to encumber or hypothecate trust preperty by mortgage, deed of trust, pledge, or by otherwise securing the indebtedness of the trust or the joint indebtedness of the trust and a cownwner of trust property. 11.11 Loan: The trustee ahall have the pomer to loan money to any persqn, including a trust beneficiary or the estate of a trust beneficiary, at prevailing interest rates and with or without security as the trustee deems advisable. 11.12.2 . Bonds w Limitations: The trustee shall have the power to purahase bonds either at a premium or at a discount; For bonds purchasad at a premium, the trustee shall, in a reasonable manner, periodically repay to principal each premium from interest on the bond or sale or redemption procaeds. For bonds purchased at discounts, the trustee shall pericdiaally accumulate each disaount as interest and, to the extent necessary, pay such diacount out of principal or from the sale or redemption proceeds. 11.14 _ Invest in Life Insurance: The trustee shall haVe the power to aaquira and maintain life insurance policies on the life of any person, including a trust beneficiary, and to exer¢ise all rights of OWnership granted to such policies. 11.16 General Partnership Reatriction: The trustee, in the trustee's absolute discretion, shall have the election to act only as a limited partner of any general partnership in the trust and shall take any action necessary to effaot this election. 11.12.3 Treasury Bonds m Special Tax Redemptions: The trugtee Shall have the power to purchase at less than par obligations of the . United States of America that are redeemable at par in payment of any federal eatate tax liability cf a settler 1n such amounts as the trustee deems advisable. The trustee shall exercise this_discretion if the trustee believes that a settler is 1n substantial danger of death, and the trustee may borrow funds and give security for such purchase. The trustee Shall reaolve any doubt concerning the desirability of making the purchase and its amount in favor of making the purchase and 1n purahasing a larger, even though somewhat excessive, amount. The trustee shall not be liable to a settler, any heir, or any beneficiary of this trust for losses resulting from purchasea B-5 n. ., . “a_f' made in good faith, The trustee shall redeem auah obligations to the fullest extent possible in payment of a settlor’s federal estate tax liability. TRUSTEE ACCOUNTING AND DISTRIBUTION POWERS 12.1 Introductien: For all trusts under this instrument, the trustee shall have the following powers and duties for accounting and tax matters. 12.2.1 Private Accounting: The truatea shall periodically, but not less than once each year, render an account of its administration'of the trusts to all of the current income and currant principal beneficiaries who are then adults. The beneficiary's written apprQVal of the accounting shall be a complete protection of the trustee a3 to all matters and tzansactions stated or shown by the accounting. Failure to transmit to the trustee eithar (a) the written apprOVal of such accounting, or (b) a written objection to the accounting, with reasons specified, within a period of ninety (91) days after a written request by the trustee far such.approval shall constituta a written approval of the guardian, conservator, or representative of such parson entitled to the accounting. To the extent permitted by law, the written approval of the adult beneficiaries shall bind minor and contingent remainder interests. Except as proviaed in this paragraph, any reports or accounts otherwise required by the California Probate Code are hereby waived to the fullest extent of the law. 12.3.1 Principal and Income w Act Governs: The trustee shall determine all matters with respect to what ia principal and income of the truat estate and the apportionment and allocation of receipts and expenses between these accounta by the provisions of the California Revised Uniform Principal and Income Act from time to time existing. When this instrument or such Act does not provide, the trustee, in the trustee's reasonable discretion, shall determine the characterization. 12.4.1 Depreciation Reaerve w Mandatory: The trustee shall establish reasonable reserves for depreciation, notwithstanding any other provision of this instrument or the California Revised Uniform Principal and Income Act. 12.5 undistributed Income: Income accrued or unpaid on trust Bh6 "\MJ' preperty when received into the trust ahall be treated as any other income. Income accrued or held undistributed by the trustee at the termination of any trust or any interest in a trust creatad under this instrument other than any trust that may be a qualified terminable interest property trust, shall go t9 the next beneficiaries of that interest or trust in proportion to their interest in it. Income accrued or held in trust on the tarmination of a qualified terminable interest property trust shall go to the beneficiary of that trust immediately before the termination or to his or her estate. 12.6 Expense Allocation - Proration: The trustee shall prorate all taxes and current expenses among succeasive beneficiaries over the period to which they relata on a daily basis. 12.7 Tax CQnsequences a Adjustment: The trustee shall have the power.in the trustee’s reaaonable discretion to take any action and to make any election to minimize the tax liabilities of any trust and its beneficiaries, to allocate the benefits amang the various beneficiaries, and to make adjustments in the rights of any beneficiaries, or between the income and principal accounta, to compensate for tha consequences of any tax election or any inVeatment or administrative decision that the trustee believes has had the effect of directly or indirectly preferring one beneficiary or group of benefiaiaries over othera. 12.8 Multiple Truats ~ Nc.Physical Division: If thia instrument creates more than one trust, the trustee shall not be required to physically segregate or divide assets among the various trusts, except en_tha termination of any of the trusts. Howavar, the trustee shall keep separate accounts for the separate undivided interests, and the trust may hold undivided interests in the same assets. 12.9 Death Taxes of Beneficiary - Authority To Pay: The trustee, in the trustee'a reasonable discrétion, shall have the power to pay from the trust estate, and ta allocate between income and principal, any death taxes to the extent that such taxes are attributable to the trust estate or any part of it (calculated at the average rates applicable to such tax). However, any trust prqperty otherwise exempt from federal estate tax shall not he subject to the payment of any such death taxes. 12.10 Beneficiary’a Last Illnegs and Funeral EXpenBea: The trustee shall hava the power, in the truatee's reasonable discretion, B"? "5" to pay the last illness expenses, funeral expenaea, and other obligations incurred for the banafioiary'g Support.from the income or principal of the beneficiary'a trust. 12.1191 Distributions - Consideration of Basis of Assets: In making nonprorata distributions t0 the benaficiariaa, the trustee shall consider and attempt to equalize, insofar as practicable, the aggregate incoma tax basis of aHSats distributed to the various benefiaiaries. Any such determination by the trustee ahall bind all parties in interest. 12.11.3 Distributions and Powers of Appointment: If, on expiration of the later of either six (6) months after the death of any person holding a power of appointment created by this instrument or the expiration of the statutory period within which a will contest must be filed, the truatee has not received any document purporting to exerciae the power, the trustee may distribute any property according to the terms of this instrument as if the power had not been exercised. If a document purporting to exercisa the power is subsequently located, tha trustee shall not be liable to the appointees under that exercise, and the rights of the appointees and the perSQnS'receiving property from the trustee shall follow applicable law. ' 12.ll.4 Distribution H Broad Powers: When the trustee must divide any trust property into parts or sharas for the purpose of distribution or otherwisa, the trustee may, in the trustee's reasonable discretion, make the division and distribution in identical interests, in kind, or partly in kind and partly in money, pxorata or nonprcrata. Also, the trustee may make such sales of the trust property as the trustee deems necessary to accommodate auch distributions. 15.4.4 Deferral of Division and Distribution: If the trust directs distribution of the trust estate or division into geparate trusts, then the trustee may, in the truatee’s reascnable discretion, defar that diatribution 0r division for a period reasonably necessary to wind up groperly the affairs of the trust. When the truatee so defers, the trustee shall make the distribution or division as if it had taken place at the time prescribed in the absence of this paragraph, and all beneficiary rights in these trust assets shall accrue and vest as of the prescribed time. 12.12.2 Small Trust Termination u Trustee Discretion: The trustee'may determine, in its reasonable discretion, if the principal of B~8 the trust is uneocnomical to administer. The trustee may then, in its reasonable disoration, (1) distribute the trust assets to the beneficiariea in proportion to their interesta in income: (2) purchase and deliver to the income beneficiaries a restrictive savinga account, certificate of deposit, annuity, or endpwment; (3) distribute the trust assets to a custodian for the beneficiariea under the California Uniform Transfers to Minors Act: qr (4) distribute the trust assets as provided by law. On such diatribution_and delivery, the trust shall .tarminata. The trustee shall not be liable or responsible t0 any person far its action or for its failure or refusal at any time to tarminate'tha trust as authorized in this paragraph. 13.4 Payment of Income or Principal Payee: If income or principal is payable to a minor, to a getsqn under lagal disability, or to a person not adjudicated ncompetent but whn, by reason of illness or mental or physical disability, is in the opinion of tha trustee unable to manage the distribution properly, then the trustee may, in its reasonable discretion, pay such income or principal in any of the following ways: (1) to the beneficiary directly, (2) to the legally appointed guardian or conservator of the beneficiary, (3) to a custodian for the beneficiary under the California Uniform Transfers to Minors Act, (4) for the benefit of the beneficiary, or (5) to an adult relative or friend in reimbursement for amounts properly advanced for the benefit of the beneficiary. - Trustee’s Discretion To Select 13.14 Backwup Trust for Minor Beneficiary's Distribution: Except when thiS instrument providaa btherwise, the trustea shall delay outright diatribution of any minor beneficiary’s interest in a trust by continuing-in a separate trust gush minor’a share, subject to any trustee discretion to terminate a small trust or court-ordered termination. The trustee shall add all income to principal and pay to or for the benefit of the minor beneficiary a5 much of the trust estate as is necessary for the minor beneficiary’s health, education, support, or maintenance in the minor beneficiary's accustomad manner of living after taking into account the minox beneficiary’s other income and resources known to the trustee and reasonably available for that purpose. When the minor beneficiary attains majority, the truatee shall distribute tha trust estate to the beneficiary outright. If the minor beneficiary diea before distribution, the trustee shall distribute the trust estate to the beneficiary's estate. THIS SPACE INTENTIONALLY LEFT BLANK The underaignéfl Trustors/Trusteea hereby certify that the above. Schedule of Provisions far Administration of Trust and for ?owers of Trustee is a true and carrect Gopy thereof. natedgw u, WM ‘Lwfiimfw‘ XML . HAROLD FRANCES SCHGENBfiaN Dated:W ”a M4! B~10 KO 0O x) m U! g (JD N H 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 PROOF 0F SERVICE My business address is 265 East River Park Circle, Suite 3 10, Post Office Box 28340, Fresno, California 93. 729. I am employed in Fresno County, California. I am over the age 9f 18 years and am not a party to this case. On the date indicated below, I served the foregoing document(s) described as PETITION TO REMOVE TRUSTEE FOR BREACH 0F TRUST, APPOINTMENT OF TEMPORARY TRUSTEE, APPOINTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES on all interested parties in this action by placing a true copy there of enclosed in sealed envelopes addressed as follows: Leonard Schoenborn James D. Schoe nbom 1453 Wessex Avenue 10430 S. Canyon Oak C ircle L03 Altos, CA 94024 Sandy, UT 84092 Scott A. Sohoenborn Courtesy Copy: 2047 Paseo Olivos Court Roger F. Lyon, At torney at Law San Jose, CA 95 1 30 674 Camino Verde Thousand Oaks, CA 9136.0 X (BY MAIL) I am readily familiar with the busines s‘ practice for collection and prodessing of correspondence for mailing, and that correspo ndence, with postage therepn fully prepaid, will be deposited With the United Stat es Postal Service On the date noted below in the ordinary course of business, at Fre sno, California. (BY FACSIMILE) I caused such document(s) to be transmitted t0 the addressee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was report ed as complete and without error. (BY, ELECTRONIC SERVICE) I caused the foregoing document (s) to be sqafiiged into pdf format and sent via electronic mail to the electronic mail address(es) of the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-refer enced envelope(s) t0 be delivered to an overnight courier service for delivery to the addressee(s). X (STATE) I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. Execute d on May 21, 2021, at Fresno, California. Kimbei'ley Dodd E; I {8752!002I01262492DOCX} EXHIBIT 2 1 WANGER JONES HELSLEY PC 265 East River Park Circle, Suite 3 10 2 Fresno, California 93720 Telephcne: (559) 233-4800 3 Facsimiic: (559) 233 9330 Jay A Omistofferson #203878 4 ichristofiers _ . _ .I ._ 5 Giulio A Sanchez #317329 Sanchez. .w hartozrnc é: 0m 6 . 7 Attorneys for: Petitioner LEONARD H. SCHQENBORN 8 9 SUPERIOR COURT 0F CALIFORNIA 10 COUNTY 0F SANTA CLARA 11 12 1n the Matte1 of the Schoenborn Family Li ving Case N0. 21PR1 90282 Trust ' 13 - VERIFIED AMENDED PETITION To 1 4 LEONARD H. SCHOENBQRN REMOVE TRUSTEE FOR BREACH O F ' TRUST, APPOINTMENT OF 15 Petitioner, TEMPORARY TRUSTEE, ‘ ‘ APPOINTMENT OF SUCCESSOR 16 v. - . TRUSTEE, AND ATTORNEYS’ FEES 17 JAMES D. SCHQBNBORN, as Trustee ofthe 13 Schoenborn Family Living Trust, and DOES 1 [Prob Code §§ 15.642, 17200] through 2S __ . 19 Hearfilg: Respondents. 20 Date: December 2, 2021 Time: 9:00 am. Dept: 13 24 25 26 27 28 {3?52I002IGASO465.DQCX} VERIFIED A?VEBBQED PETITION TO REMOVE TRUSTEE FORBREACH O F TRUST, APPOINTJMENT OF TEMPO ARY TR STBB, APPOINFMENT OF SUCCESSOR TRUSTEE, AND ATFORNBYS‘ FEES "i0 m HI ON (1’1 $h- UJ N r-i MMMNNMM - oo-q‘cxm-Amwfigtagrigmgagzg Petitioner Leonard‘H. Schoenborn hereby alleges and complains as follows: I. JumsDIICTIpN, VENUE, AND PLACE 0F ADMINISTRATION 1. Petitioner is a beneficiary of the Schoenbom Family Trust (the “Living Trust”), and thus, has standing to bring the instant Petition. 2. The Tlfist is now an irrevocable trust based on the passing 0f both Settlers. 3. The principal place of administration ofthe Trust is Santa Clara County, California. II. BACKGROUND FACTS 4. Harold Francis Schoenbom (“Harold”) and Nancy Liane Schoenborn (“Nancy”) married in 1954 and had three sons: Petitioner Leonard H. Schoenborn (“Petitioner”), Respondent JamesD. Schoenbom (“Respondent”), and ScottA Schoenborn. 5. On April 11, 1991, Harold and Nancy, as husband and wife, established the Living Trust. A copy of the Living. Trust is attached hereto as Exhibit A. On that same daie, Harold and Nam}? funded the Living Trust with their home at 1453 Wessex Avanue, LQS Altos, California 94024 (the “Property”). 6. The Living Trust appointed Harold and Nancy as the initial CQ-Tmstees, t0 be succeeded by the s‘ur‘viiring spouse, then Respondent, then Scott A. Schoenborn, and finally, Petitioner. ‘ ‘ ‘7. The Living Trust consists of multiple sub-tmsts: a. Trust During Setthr’s Joint Lives: During their joint lives Harold and Nanny were the 3916 income and‘ principal benefiqiarics of the Living Trust. Furthermqra, during their joint lives, Harold and Names: could revoke and/or amend the Living Trust. b. Trust Allocation Umn Death of Spouse: Nancy passed away in 2012. Upon her death, Nancy’s intereét in the Living Trust estate was t0 be transfeu'ed, in an amount equal t0 the largest amount that can pass free of federal estate tax, to the Family Bypass Trust. Nancy’s remaining intérest in the Living Trust estate was allocated to the Marital Appointment Trust. Harold’s interest in the Living Trust estate was to be allocated to the Surviving Spouse’s Trust. Additionally, upon Nancy {3752f002J'GA8040fiDOCX} ' 1 VBETFIED é hIgENDED PETITION TO REMOVE TRUSTEE FOR BREACH OF TRUST, APPOINTMENT OF ' TE . . R R TRUSTEE, APPOINTMENT OF SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES p...a. NNNMMNNNMw - mammambawoxograaagagmg Liane Schoenborn’; “death, all Trusts, with the exception of the Surviving Spouse’s Trust became irrevocable. o. Surviving Sgouse’s Trust: Harold, as the surviving spouse, was the sole income and principal befieficiary of the Surviving Spouse’s Trust. Harold passed away in 2019. Upon his death, any accrued and undistributed income from the Surviving Spouse’s Trust was to be transferred to Haroldgs‘ estate and any remaining principal was to be distributed according to the provisions of the Family Bypass Trust. d. ' Ttha‘rital .AQQointmgnt Trust: Nancy’s interest in the Living Trust, 111111133 _ any allocation to the Family Bypass Trust, was to be held by the Marita] Appointment Trust upon her death. Harold, as the surviving spouse, was the sole income and principal beneficiary of the Marital Appointment Trust. Upon Harold’s death, any accrued and undistributed income was to be transferred to Harold’s estate, and any remaining principal was to be distributed according to the provisions 0f the Family Bypass Trust. e. The Family Bypass Trust: The Family Bypass Trust lists the surviving spouse as tha income beneficiary? and the surviving spouse’s descendants as the principal beneficiaries. These descendants inclfide Petitioner, Respondent, and Scott A. Schoenborn. Upon Harold’s death, the trustee was to distribfite‘the-remaining Tiust estate to the descendants 9f Harold and Nancy by right of representation. That is, Petitigner, Respondent, and Scott A. Schoenbom are each entitled to a one- third distribution 0f the refnaining Trust estate. I I III. § BREACH 0F TRUST 8. Petitéofier ificorpqrates by reference paragraphs 1 through 7 as though fully set forth herein. 9. Upon tfie death of Harold, Respondent became the Trustee 0f the Living Trust. Petitioner is informed and believes, and thereupon alleges, that Respondent has committed serious and repeated breaches 0f tmét, which warrant his immediate removal as Trustee of the Living 'l‘mst. 10. As Trustee; Respondent must administer the Living Trust as set forth in the Trust document, and for thé Sole benefit of the beneficiaries. In doing sq, the. Respondent must exercise the {svszxoozreasmowocm ‘ 2 VEE IFIED AMENDED PETITION TO REMOVE TRUSTEE FORBREACH OF TRUST, APPOINTMENT OF T MP RARY USTEE, APPOINTMENT OF SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES p...» \O 00 NJ -G\ U?! 43. LL) M Nwwwwmwmw mqmmamwwcggsa-EESEZS same level Qf reasonaplg care, skill, and caution as a prudent person acting in a like capacity would use. Respondent has failed to properly administer the Living Trust for the following reasons: a. Failure to Notify Petitiolger of Change in Tgstee. Probate Code section 16061.7 requires that trustee provide beneficiaries with notice when there is a change in trustee. RcSandent failed t0 provide notice upon Harold’s death and his succession as trustee. b. Failure lto Accomg. Probate Code section 16060 provides trustees with the duty to keep beneficiaries feasonably informed 0f the trust and its administration. Per Probate Code section 16061, a truSt beneficiary may make a reasonable request for information about the administration 0f the trust. Moreover, “a trustee shal! account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal 1's required 01' authorized in the trustee's discretion t0 be cm‘rently distributed.” Petitioner is a prinéipal beneficiary of the Living Trust. Despite repeated requests from Petitioner and the change of trustee following Harold‘s death, ReSfiondent has failed t0 provide any accounting for the Living Trust. c. Relfioval of Trust Propefiv. On or about January 24, 2020, Respondent and Scott A Schoenborn, without notice 01 consent, lemoved boxes of tangible items, including, but not limited to valuable stamp and coin collections, fiom the Property Petitioner 1s informed and believes, and themupon alleges, that the items lemoved ale property of the Living Trust. During the plocess of removing these items "from the Property, Respondent and Scott A. Schoenborn tampéred with and vandalized security carfieras ihstalled at the Property by Petitioner. d. Misafiprqnlfiation of Funds. Petitioner is informed, and believes, and thereupon alleges that; approximately nine months following Harold’s death, ReSpondent emptied and closed two Bank 0f America amounts. Plaintiff is further informed, and believes, and thereupon alleges, that the amount of funds removed frqm said accounts contained funds belonging to Petitioner, may have included assefs bf the Living Trust, and totaled at least $500,000. Petitioner is informed and believes, and theteufion aileges, that Petitioner has deposited the withdrawn funds into his personal bank account(s) andXor accounts not belonging t0 the Living Trust, 01' otherwise failed to identify or account for those monies. ‘ m ' {8?52l902/GA80406.DOCK} 3 VERIFIED AMENQBD PETITION T0 REMOVE TRUSTEE FORBREACH OF TRUST, APPOINTMENT OF O RY T STEE, APPOINTMENT OF SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES .H \D-Oo~qa\m.p.-wm wmwmw to mummhagmgggsgggafigg e. Efforts to Remove Petitioner from the Property. Following the death 0f Harold, Respondent haé 1.113616 multiple efforts to remove Petitioner from the Property. Specifically, Respondent issued Notices to Vacate t0 Petitioner on January 24, 2020 and February 18, 2021. On Alfiril 21, 2021, Respondent, through counsel, reiterated his request that Petitioner vacate the Property, and demanded payment of reasonable rent for his occupation of the Property. As noted above, the Property is owned by‘the Living Tmst and must be held by Respondent for the benefit of Petitioner. Moreover, should distfibution 0f the Living Trust Asssts occur as set forth in the Living Trust, Petitioner is a one-third owner of the Property, entitled to occupy the entire Property, and cannot be required to pay rent... f. Failure to Protect Trust Prgpertv. As Trustee, Respondent has a duty t0 control and preserve the prop arty of the Living Trust. Trust property includes trust records. Petitioner is informed and believes, and thereupon alleges, that Respondent failed to properly take possession of, keep, and maintain thefééiOIds of the Living Trust. In particular, records of the Living Trust were kept in a van belonging ton Harold. Following Harold’s death, Respondent left the van containing the records of the Living Trust at the San Jose Intemafional Airport parking lot. The van was left at the parking lot for several mofiths until Los Altos Police Department contacted Petitioner and asked that he retrieve the van from the parking lot. 11. Aside frorh his duty'of care, Respondent also has a duty to not use trust property for his own profit. Respondent has breached this duty by seeking to remove Petitioner from the Pmperty, removing trust property froth the Property, and misappropriating trust fimds for his personal benefit. 12. Petitioner is further informed and believes, and thereupon alleges, that the aforementioned conduét by' Respondent was in bad faith and constitutes willful misconduct and/or grolss negligence. ' IV. HOSTILITY T0 BENEFICIARY 13. Petitiofier incomorates by reference paxagraphs 1 through 12 as though fully set forth herein. {avszmuziGAsmoaDocx; . 4 VERIFIEDMNDED PETITION T0 REMOVE TRUSTEE FOR BREACH 0F TRUST, APPOINTMENT OF ' ’ TBW0mRY TRUSTEE APPOINTMENT 0F SIJCCESSOR TRUSTEE, AND AITQRMYS’ FEES F-A "Dmfilmmbm-h} Nwmwmwm mummgmmagggsaaggsfig 14. ReSpopglém; has demonstrated clear hostility and animosity towards Petitioner, such that he Should no longer sefve as Trustee of the Living Trust. Not only is Resyondent actively trying to remove. Petitioner from the Property improparly, but Respondent, Respondent’s significant other, and Petitioner were involved in‘ a verbal dispute at the Pererty on or about January 24, 2020 that resulted in police involvement. On 01' about January 24, 2020, Respondent’s significant other called Los Altos Poliqe alleging that Petitioner had made verbal threats against her while at the Property. When Los Altos Police responded to the Property, it concluded that there had been an argument, but no criminal threats made. Petitioner denies any and all allegations that Ihe made threats against Requndent’s significant other 0r anybne'else. 15. In light of the foregoing, the relationship between Petitioner and Respondent is at best hostile, and beyond repair. Given the level of hostility, there is not a basis t0 believe that Trustgze may continue tQ obj actively and zeasonably administm the Living Tmst £01 the benefit of Petitioner 16. The acrimony between Respondent and Petitionel also exists between Petitions] and Scott A. thoenborn, who is set to sgrve as succpessor trustee to Respondent and who has been acting in support of Respondent? actions contrary to Petitioner and Respondent’s obligations under the Trust. . V. I TRESTEE IS UNFIT T0 ADMINISTER TRUST 17. Petitionér incorporates by reference paragraphs 1 through 16 as though fully set forth herein. I y 18. Petitiofiér is infolmed and believes, and thereupon alleges, that Respondent is generally unfit t0 administer the Living Trust. Petitioner is informed and believes, and thereupofl alleges, that in addition t0 committihg the' aforementioned breaches of trust, ReSpondent has previously declared baIflQ'uptcy, thereby demonstrating ailack of ability t0 productively and conservatively administer the assets of the Living Trust. ' I 19. Petitioner is further informed and believes, and thereupon alleges, that Respondent lacks knowledge, as {o the Living Trust’s assets and liabilities. This is evidenced by the fact that Respondent is yet to provide any proper accounting to Petitioner. {S?SZJOOZIGASM 06.DOCK} 5 VERIFIED AMENRQED PETITION TO REMOVE TRUSTEEFORBREACH OF TRUST, APPOINTMENT OF' " TEMPQ USTEE, APPOINTWNT OF SUCCESSOR TRUSTEE, AND AITORNBYS’ FEES KO DO *4 O“; Ln L U3 b3 i-L mwwmwwm mummh-mMESEES-aagfigfla 20. Petitioner is informed and believes, and thereupon alleges, that Scott A. Schoenborn is likewise unfit to admifiistér the Living Trust. Scott A. Schoenbom assisted Respondent in removing trust property from the Property, vandalized security cameras 011 the Property, and was a. participant in the police incident on 6r about January 24, 2020. Based on Scott A. Schoenborn’s conduct, there is no basis to believe that he can obj actively and reasonably administer the Living Trust for the benefit of Petitioner. I VI. DEMAND FOR ACCOUNTING 21. Petitioner incorporates by reference paragraphs 1 through 20 as though fully set forth herein. 22. Petitioner is a principal beneficiary of the Living Trust. As a principal beneficiary, he is entitled to an annual accounting, and an accounting upon a change in tmstee. 23. In addition tQ the request for removal 0f Respondent as Trustee and appointment of a successor professionallirustee, Petitioner hereby requests a full and complete. accomting of the Living Trust pursuant to Piob‘ate Code sections 16061 and 16062. ' ' VII. APPOINTMENT OF TEMPORARY TRUSIEE 24. Petitioner incorporates by reference paragraphs 1 through 23 as though fully set forth herein. 25. Petitioner is informed and believes, and thereupon allages, that Respondent’s inability to administer the Livifig Tfust puts at great risk the financial interests of the Living Trust pending the decision on the request for removal of trustee. 26. Pursuapi to Probate Code section 15642(e), Petitioner respectfiflly requests that a temporary neutral tfusfee. be appointed to administer the Living Trust during the dependency of the instant action t0 safeguard the assets of the Living Trust. ' M M M {STSZIOOEIGASMOGDOCX} . 6 yERIFIED AMENDED PETITION TO REMOVE TRUSTEE FOR BREACH OF TRUST, APPOINTMENT QF TEMPORARY TRUSTEE, APPOINTMENT OF SUCCESSOR TRUSTEE, AND ATTORNEYS ’ FEES 1 . ‘ ; VIII. 2 APPOINTMENT 9F SUCCESSOR TRUSTEE 3 27. Petitioner incorporates by reference paragraphs 1 tln ‘ough 26 as though fully set forth 4 herein. I A y 5 28. 1n the évent Respondent is removed as Trus tee of the Living Trust, the trust document 6 lists Scott A. Schoenborn as succeSSQr Trustee. 7 29. Petitioner is‘informed and believes, and thereup on alleges, that the successor trustee, to 8 Respondent, Scott A. VSchoeanrn, has been complicit and even aided Respondent in carrying out the 9 aforementioned breaches o'f trust, and is also unfit to serv e as Trustee. The trust document lists 10 Petitioner as successor trustee; to Scott A. Schoenbor n. As such, Petitioner requests that upon 11 Respondent’s removal, Petitioner be appointed as Trustee of the Living Trust. 12 IX. 13 NOTICE 14 30. The names and addresses of persons interest in the Living Trust and their res'pectiw I 15 relationship to the Truét are as follows: 16 a. Leonard Sohoenbom g 17 1453 Wessex Avenue . g 1s Lo‘s Altos, California 94024 ' 19 b. ‘iémes D. Schoenbom 20 10430 South Canyon Oak Circle 21 Sandy, Utah 8.4092 I 22 c. Scott A. Schoenborn 23 2047 ‘Paseo Oliwgs Court 24 I San Jose, California 951 30 25 29. No one has filed a Request for Special Notice in t his action. 26 WHEREFORE, Petitioner requests that: ' ‘ 2‘7 I 1. The Cofirt suspend ReSpondent James D. Schoenbom a's Trustee of the Sohoenbom E 28 Family Living Trust ering the pendency of this litig ation; {svszrooyGAsomDom ' ' 2' mMFIBD AMENDED PETITION To REMOVE: TRUSTEE FORBREACH 0F TRUST APPOINTMENT 0F ' '“TEM’P” "QTEK‘RY" TRUSTEE, APPOINTMENT 0F SUCCESSORTRUSTEE, AND ATTO RNEY? FEES www.mmm. 2. The Court remove Respondent James D. Schoenbom as Trustee of the Schoenborn 2 Family Living Trust; 3. The Court appoint Petitioner Leonard H. Schoenbom as Trustee of the Schoenborn 4. The Court authorize and direct Respondent James D. Schoenbor n, 01' the temperary 5. For costs of suit herein; and 6. For such orders as the court may deem just and appmpriate. Respectfully Submitted, Dated: July 6, 2021. WANGER JONES HELSLEY PC Giulio A. Sanchez I Attorneys for Petitioner LEONARD H. SCI-IOENBORN {3752IUO2IGA80406DOCX} . 8 VERIFIED'AMENDED PETITION T0 REMOVE TRUSTEE FORBREACH OF TRUST APP OINTMENT OF ' TEMPORARY TRUSTEE, APPOINTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES qua‘b-Lfl-hmwh-s mmmmmmmwww mqmm$mwmom33353553$ ELI RIQEIEQATION I, Laqnard I-I. Schoenberg am Petitioner in the abovc-entitled preceeding. I have mad the faregoirig vngmmg AMEEQEQ. . manner: T9 REMOVE TRUSTEE FORBREACH on TRUST. APPOINTMENTm TEMPORARY TRUSTEE, arromrmm 0F succzmsson TRUSTEE, AND ATTORNEYS’ FEES. The mattbrs stated in the foregaing document; arc true of my own knowledge: except as to those matters which are; stated on hafqrmation and belief, and a3 to those. matters I believe ”chem to be true. Executed on July i , 2021, at Los Altos, Califorrfia. I deviate under panalty of parjury under the laws of the Stats of California that thfi foregoing i3 tmez and correct. {a:fszroozam so‘4ps.pocx} I g _J__m _ ' v "Vnfim moNToREMOVEmvsmsg FORBREACH 0F TRUST, wfiowmggr 0F T . TEEQO BED, I&E‘I‘BE, APPQWIMENT 0F SUCCESSDR TRUSTEE, AND ATTO . S S Aq' r e‘ \o-oo-qcxmqsmmw wwwmwww . - mq-mmeNBEEQSE-{afiag-ES PROOF 0F SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93 729. I am employed in Fresno County, California. .1 am over the age of 1 8 years and am not a party t0 this case. On the date indicated below, I served the foregoing document(s) described as VERIFIED AMENDED PETITION T0 REMOVE TRUSTEE FOR BREACH OF TRUST, APPOINTMENT 0F TEMPORARY TRUSTEE, APPOINTMENT 0F SUCCESSOR TRUSTEE, AND ATTORNEYS’ FEES on all interested parties in this action as follows: Harry I. Price Price Law Firm 40 Main Street L03 Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: harryéflpriccslawcom meann'ellélnl'iGeSlaW-com __X__“ (BY U.S. MAIL) I am readily familiar with the business’ practice for collection and processing of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service on the date noted below in the ordinary course 0f business, at Fresno, California. (BY FACSIMILE) I caused such document(s) t0 be transmitted to the addressee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported as complete and Without error. X (BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be scanned into pdf format and sent via electronic mail to the electronic mail address(es) of the designated addressefls). (BY OVERNIGHT COURIER) I caused the above-referenqed envelope(s) to be . delixfered to an overnight courier service for delivery t0 the addressee(s). X (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 6, 202 1, at Fresno, California. Km)mfl%%woV . Kimlse'fley Dodd {.37SZ!002I01266493.DOQX} EXHIBIT 3 undoo ATrdRNEv oR'mnr‘y wimo'urmanna? _ sm-E3mnggmmgg 1 7 I FOR muflwsfiom? 'mquI-Iany .I. Prim, Esq, farm NaM'E- Price Law Finn '3‘rREErAcDRESéx-4U Main Street Elecfl‘Onicaliy flied 'QIW:.LQS Aflus , a‘rmCA 2m cong94022 by Superior Court of CA {TELEPHQNE'JNQ 650h949-0340 mt NMGSOwQIIQ-DBM County 0f Santa (3|ara 'EWDDRifi-a“WWW” “0m - on 4/29/2021 10:04 AM xmanwrbnmnim) James Schoenbmn,successor’l‘tustee , ‘ Reviewed 'B-y-iM-Vu .supaman cquszlgmcgupgnmm couni‘rv QF SANTA GLARA- ‘. . Ease #21CV381 288 mneemmngss irst tree? ' . Env #6341 899mmms ADDRESS 193 N FirstStreet erIANDZH? c0132: San .1056, CA 95 l I3 SHAME «Atria DOWntown Supmim Court PLAINTIFF: James Schoenbom, successm Trustee ofthe Schoenbom Family Living DEFENDANT: Leonard Schaanbom Twat dated April ii [99! . EXT] £30531 Tc.) m I ’ I m QOMPLNNT-UNLAWFUL DETAINER- ' «nee Nausea; m COMPLAINT m AMENDED GOMPLNNT (Amandm‘enrmmberg. 21CV331233 _'_ Jurisdiction (check all that apfiiy}: AGTICJN 15 A LIMITED CIVIL CASE Amaunt denia‘ndad [jg] does not exceed $10 auo. excaods' $10.000 bu! does not exceed $25 000.m ACTION is AN UNLIMITED CIVIL CASE tamount demanded amends $25.ODD)E AGTIGN 15 REGLASSIF‘IED by this amended pornpiaintor cross-complaint (check air thatappfy):D {mm unlawful detalnqr to general unllmfled civll {pafiesslon not'In Issue} :3 from limited to unlimltad.m from unlawfut detainer t9 general limitau civil [possassmn not m issue). E] tram unlimited to limited 1. PLAINTIFF (ham each). James Schaenbom, Successor Trustee ofthe Schmnburn Family Living Trust dated April i l, 199] -=aff,egtqs; cagggqs bffiGNon figafnéf DEFENDANTfname Each): Ledpard Schoeubom 2. a. Plaintifii'a (1) [j anindividual over the age.Nor 1B. years. (4) [j a parfna'rship. (2) [j a public agency.’ (5.) E: a corporation. (,3) m other (spasm. Trustee ofSchoenborn Family Living Trustdated April ll i991 'i. n b'..- m Plaintiff has complied with the fictitious bUsinass name Iawa and is db‘m'g businaaa Under the ficfit‘lcua name of (specm. ‘3. 3. The venue is the court named aboare became defendant named above rs in pcyssassion ofme premisea located at (street. address . apt no” CW. zip 6390‘s. and WUnbf); I453 Wessex Avenue L05 Altos, CA 94024 b. Tfi'a premises [n Ba are (Ghaokona) (1} [m Witfiin thG-city Ii'rnjta of (name Ofcfly):LQs Almg (2) m wflhin 'th'e unincorporated area of {name or munty): c. The prgmis‘es m 3a ware cunstructed 1n {apprqxfmate year): 4. Plaintiff’s'lntereatlnihe premises i3 m a9 Ownar m other (spacing; 5. The true names and capacities or defendants sum: as Dues amunknown to pIaintifi. * NOTE: Du net uaa thi}: form far aviqfions‘. affar aa‘le.(Code Civ: Prom a 1161a). . I ‘ .Pagu 1 0H jfl'fifiggifi :‘fifigfinflu‘a I I CQMPLMNT-UNLAWFUL DETAINER . cad, 9,Gm fiiflifwmggéggfigt figs ' . WWW. (is ca aw ”6-1003“ 5mm”, 1 2m] Westlaw Doc' 3: FormBuilder‘ iLEB-t’SB-BQB LUKE IBBEEéEKQB F‘. F1 33th:! B9 I 9 33 IddD 3333:! UD-wo PLAiN'NF F: Jame‘s Schéenham, Sucwssor Trust“ 1 case NUMBER; WP I I QEFENDANT; Leonard Schoenhom ' B. a. 0n gr about (dare); November 14 2019 defendant (name each): Leonard ,Schoenbarn,-whp had been a gu'ess of his‘then demand fath'er. became a hoid-over dccupant or lodgcr, with no pannission er authmization to remain in place. {'1} agraedto rantthe pramises aa-a ‘a month~tmmonthtenancy E: othertenancy (spaqify): {‘33 agreedto payrentof $ payable E] monthly [:3 ather (specify fieqfianoy): {:31 agreecfito pay rentanthe m firstofthe month [j utherday (spacial)? b‘ This t: written [E Oral agreementwas madewith (1-) E] piaintlfi. (3) m plaintiffs predecessor In intereat: {2-} E] plai‘ntifr's agent. (4} [:3 ether (special): c. C] The defendants not‘named in item Ba are (1) [j embtenants.. [2) E] assigns“. (3) m ch'er (apaoffir). d. B] The afll‘éflmflnt WfiB Iater Ohahgad 38 {OHQWS (Spficlfy). The trust geeks occupancy ‘iny’ and shall foggz thg value ofDefendant s occupancy fi'om his financial share of trust disirlbution pf-asscts. a. C1] .A copy ofthe written agreement, including any addenda'or attachmenla than form the bas’m of this complaint, la attached fifidlabeleci E-xh‘lbft 1. (Required for residentiafproperfy, unless item SHS'checkadi Sea Code Ct'v. Pmcg; § 1 1'65.) f. Q (For-fesidehi‘iaiprqperty) A copy of the mitten a'gyasment Ia natattaohed beeauaa (specify masan): (1) [:3 thb writlen agreement is not in ma floaaassfan oftha Jandiarti arthe iandiord’s aMployass-w agents. (2) [:3 this scrim rs 39!er for nanpaymant ofranr (Code Orv Prqc. § 1161(3). 7. The tenancy desarihad m 6' (complete (a) or (b)).m is mt, subIect to the Tenant Protecuon Act of 2019 (Civil Cade § 19,46 2) Th9 apecifio subpart supporting why tenancy 115 exempt'Ia {SPWM- Dafqndant'13 hold-ovar guest with no written agreement or authorization CE. IE aublect ta the Tenant Protacfion Act Of 2019- 8. (Complete only zfitam 7b rs aflacked. Check 3!! appficable 90x93.) a. D Th'e tan‘ancy-‘was termlnata‘d for‘at-f'aultju'at cause (Civil D’Ode, § 19213.2(b3'f'1 )}. b.. m The tenancy was terniinatad for no-fauit jun! Cause (Civil Code, §-1 94,8 2mm} and the plaintiff (ofiaqrc one} (1} D waived the payment of rentforthe final month pf the tenaney‘ before the rent dame due under _ section 194's. 2(d)(2), in {he amcunt cf $ (2) E] provided a direct payment ofane manth‘s rant under section 1946 2mm! equaling s to (name each defendant and amount given to each): G. E] Beoauae defendantfailedtdvacate. plaintiff ia aeeking to recover the total amountin 8b as darnagfis In this actioh. 9.. ~51, m Daféndant (beam each): Leonard Schoenbom I . was sawed the fullbwmg notice on the same date and in tharaame manner: (1) [:1 g-gay‘noticg to pay rant‘op quit [5) D Hay riotiua to perfarm cwenants'of QUE? (2} E: Qoaday name mquu ' (no! applicable lf’ffem 7b checked) - . ‘ ' . - (5} C] 3-day notice t9 quit under Civil Coda. § 1946.2(0) (3) CE 39m! "0W3“? qu't Prim requirad nofica t: perform cowenanta eemedfidare): (4) [j.ggaymfioa to qUit m E3 other (spam): i Pale 2 of‘fi‘WWW- Séf'mé'r'fimw ' GSMPLAINTé-UNLAWFUL pEiAINenfi b5?! ‘ TIFTQH BEES 3:31ij XEUEA LiEE-PSE-BQS 11:41? TEBEHZEEQ UD-v'i00 FLAiNTiFF:‘jam¢s.SChbgnbpmfi.Sgccessor Trustee -F cAsE'MuMaER': I DEFENDANT: bwnard Schoefiborfi 9. b. (1) On (dafa):ApriI l9, 202! the period stated in the nofice 6119mm in 93 expired at th‘a, end 0f the day. (2) Defendants failed to comply with the requirements of the. notlce by that date. A}: rams stated in the native are true. ' d. m The noting Enoludéd an elebtion offocfeiture. E] A Qupy Qf thanofioe is attached and labeled Exhibit 2. (Required for residential property. 39'9” coda Clv;.Proc:, g 1166. Whefi'Gn‘W Code, § 194.6. 2(0), applies and twa notices are required prqvm c:cpfes of 50th.} f. D fine or more defandanta ware sewed (1,1 with the pricr required notice under 'Ciufl Coda. § 1946.215), (2) with a different nptice. (3), on a different data, or (4) in a different manner. as stated in Attach man! 100. (charm item we and attach a ‘ statement pravidmg the 'hformation required by items 934 and 10 for each defendant! ahd notice) 10. ‘a. m :The notice 1n item 9a Was served on the defendant named in item 9a as foliows: (.1) m Bypqrsonafly handing a :copy to defendant on (dam: February IS, 202-1 . (2) E: 8y leaving a copy with" (nama or description): . a person .o'f :spiéabie aga and discretion‘ on (dale): at defendant‘s E2] residence E: business AND-mailing a copy to defendant at defendant's place of. residema an (date): becausg défend’ant cannot ha found at defendant's residence dr uauaf blaca of thIsinasas. (3J Ej By‘pfisfing a copy on the premises on (data): ' E] AND'g’iving anew: to a person found raadmgat the premises AND mailing a copy todefand'ant at {ha premises- on (date): ‘ (a) {:3 because defendant‘s rs'sidence and usual ptace o: businaw cannot ha ascertained OR (b) E: became no person 3f suitable age or diacretiqn can be found there. (4) _D (Moi: (curHwy noting; see ini! Code, § 1943. befom using) By sending a copy by certified or registered mail addressed ta defendant on (data): (5) {:3 (Not. far msidenb‘artenancfesfses CM! dee, § 1953, hamra using) In the ngannzavr sp'ficified ifi a w'rltten ‘ ' Gommamia! {sass batWeen the parties b. B (Name); ' was aarvad.on behalf af all defendants wm: signed a joint written renial agreement c. E Infarmaré‘on about'aewice afnbfice on the defendants .aflegadin item 9f Is stated in Attachment 10c. d. Ej' Proof arserwce urine notr‘cs in item 98 rs attached a‘nmmd Exhw: 3. 11. E Piaimifl’damands passassion from each defendant becausa of expimtr'On ofa fixed-(arm 3993a 12." [j A't the time th'e 3-day notice topay rehf orm? was sewed, ma ammmr ofram due was $ "f3. [j The fair ranlaNaiue afiha grammars $ parday. 14, Defendant's ponrinqad possession is maficrous, and pfeintifi is gratified to statutory damages under Cade af civil Procedure section 1 ??'{fbjL (Siam. wecific facts suppndmg a. claim up ta $609 in Attachment 14.) 15. D A written agreement batwe‘ah the p’amasmedes fomflornay fess. 16. m Defendant's te'n'awcy is subjeor to the locairem‘ cantmmr'eviction contra! ordinance of (olry or county; Wet of qrdinanca, and data of peasaga); . ‘ Plainfiff has met air appiicabie requirements gafthe ordinances. 17. [j Other aflsgafl‘éns are stafa'd in Atta¢hniant 1?. 18. Plaintiff aficepts me jurisdictiunal limit, If any. .of the court. ““0019“5mm T-2W ' ' ' GQMFLAJNT-ummwwz. DETAIN’ER Pm 3 0'4 cm 39ch 8919 EDIzL-IB XEGEA ££EB~PBE-B§3 iliél 1393.32133’98 -'-'-.\ . - -v-v1- .. r. I Pnfllm+IF§Jamm§EfldeanrE SiicceSSnr Trué'té‘e-T Ems: aims; QEFENWNT‘. Leonard Scfi‘qenbcnrn nw ... t.-», .- .-r. .w.---v , v".- 19. PLAINTIFF REQUESTS a. poseeaaican of iha premiaes. f.. a damages in the amount ofwaiued rant or relocation assiatanoa b mats mourred m this proceeding: as staféd In Item 8'. $ ' g. m pashdme refit af I5 Q: E damages fltflw rate stated in Item 13 {mm d. m reaao’natfia attorney fees. data: a E: forfeitwe mf-the agreement. for eaah day that defendamfi remain -in possession through entty 'of Judgmant; h. [1:] fiatutory damages HMO $600 fof’ the condutt aiié‘gad in item .14. i- D nther (sperm): 2.9.m- Number Elf P9993 attached (Spewm: 9 UNLAWFUL DETAIMER-ASSISTANT (Bus. a prqr. audg, gig: 64::0-6415) 2-Hm (Comptare‘in m! cases.) An umawful detainer assiatan't [E cfld not m did ’ ‘ forlcompansation givé‘adque or aaslatance‘Mth this farm. (Ifdacfarant-has received any harp or afivrce for pay from an uniawfilf qetafnar assistant, eampieta amt) a. Aaalstant's name: . o. Telaph one n93, lb. Sifaat addreséé city» ancj zip'aode: . d. Caunty 0f regialration: I a. Registratiem m: f. Expires on (data); bate: April.- 29. 202.1 ' ' (M75012 Fm‘uf mind) '- ‘ ’(SIWUR’E’OWLNWF 0R AWQRNEY) ‘ VEHIFWANON {ass a different vafifimtfon farm if the; Venfibatlgn Is by-an‘ attorney arr for a uorpomflon 0rpartnersmp.) I am 'the plaintiff in this prowecflng an'dvhavg read this complaint. | declare under penalty of perjury under the lam ofthe State 01' C&Iifflmla {hat the foraguing 16 {ma and cerract. Data; "(?*‘PE'OR-FRINTHWE} ‘ H ' r H " ' "‘{aiafiuwofibmmnfifij r ' Page.“ cf?EanotaaVL-sepwnanm{T2920}: ' ' ‘ ' -’ c‘demgm-LQN’LAWFQL pfigma‘n' LLBI-FBS-BQB LT :LI IEEExZZzEE cm 19km BQIQ EDIddfl XEGHA l-ut {VERIFICATION - (2.0.1). §§445, 2015.5) ' VERIFICATION I am tha attorncy for Plaintiff, James Schoenbom. Succeswr Trustee of the Schoenborn «om «1 ex m .g.'.m'm Family Living Trust dated April 11, 1991, in this aotitm. iames Schoenbom, Successm Trusts; is absent from the‘ County whet: I have my affices, and I make this verifieatipn for and on behalf H&H- Han m“ PlaimiffJames Schoenbum,_ Trustee for that reason. I have mead the Complaint r- Unlawful Dgtainer and know the contents therwf; and I cgrtify that the "same is true of'my own knowledge, H N ax-wpt as to thosc matters which are thereih stated upcm my inflammation or belief, 33.10 which t-aLu mafiersl beliew them m be trim. H .13.. ' Ideclnre, under penalty, that the forcgoing iatrue‘and Lorwct. Exacuted on April 29, 2021 , at L05 Altos, California. W Harry Ifiice, Esq. -__ HHH Him“ Lad N H O “NO m Z4 I y I l Sdhoenbom; Trustee v. Schoenbom ~ Cage No. Verification by Attorney 39 IQ EOIdjfl HHUEJ iLEB-VSE-IQB LT Lit IEBEKiZKEE OI? 'ZIE‘IHA 60-Day NOTICE OF TERMINATION OF TENANCY T0: Leonard Schoanhom, and to ail tenants and ocmpants [n passesaion of the premlzaes described as: 1453 Wessex Avenue, LosAltos, CA 94.024 mu WILL PLEASE TAKEmoms that your nionm tc: month tenancy ar- tfi’e hereinaflerdescribed premlse?Is terminated sixty (60) days following the date. cf‘sewica uflon you of this Notice. . YOUR FAlL-URE tq comply with this Notice Will result m the immediate institution of legai prbceedings againat you to racewar passessinn OHM: premises. tagether w'Ith damages attorney's fees and court costs. $hguld you fall t0 camply'WIth thig NOTICE. an unlawful‘ detainar action will be commenqxed against-you pursuant tn the przwiaions-af California Coda cgf Civil Procedure . Seutien 1161a(b)(4)‘, and the abfive relief wm be sought. YOU HAVE THE LEGAL RIGHT to request an initial inspection of ysaur unit and be present daring the inspection Th5 purpose of this inspection is to aljaw you the Gpflwtunity to correct any deficiencies In tha unit In order to avoid . deductions from the security depo3it. Please contact the undersigned {0' request an initial inspection Slate. iaw,per‘mits former tenants -to reclaim abandoned personal preparty left at ma farmer addrass of ,the tenant. subject to cartain candifluns. You may or may n'ot be able to reclaim property without lncurring additional costs. dapending on the cost of storing the prqperty and the length of time before it is r'eclaimad In general. these casts will be lower the sooner you centant your farmer landiwrd . after being notified th‘at propérty belqngmg to ypu was left behind after yqu mavad gut 866% "TENANT NOTICE TO LANDLORD OF EVI-CTION IPRQTECTIQN' attached 'and retur'nlf applicable You are to deliver possesyron 6f the premiaes to Mr James Schoenborn, Trustee (landlord) To accomplish confirmation ofthe delivery of possession the name, telephone number. and addreaa of the landIOrd to whom the confirmattgn shall be provided can be 3113(1ng Demons! delivery during th'a hours 0f 9:00 a. n1, tn 5:00 pm. Mopday through Friday (excluding hatidaysl'ls aafonows: Mr James S¢h¢enborn Trustee (tandlprd) clap Harryl. Price, Eat: PRICE LAW FIRM 4Q Main Strgat Los Aitfis, Gaiifqmia 94022 650‘9490340 Dated FebruaryLflOMu By: I H , ‘ A fl.' Harry l. F'rio tturney for Landlflrd Attachment 1.: County Reguired Forms SETS BDIdsfl X3033 3.1.59-1796-999 H :iI IZBEhLZIQB El? “-‘lc‘l'fiH TENANT NoflcE To LANDLORD 0F EVICTIQN PRQTECTIGN Tenants: Ifyou are unable. to pay 59m: 0r g}! of the ren't due: because of ths' GQVID-I 9 pandcmic. you are: required‘to notify your Iandlard no Iatfir than l4 days aficr rent is due‘ - that yau [mad to delay paymem You are required m pmvide your landlord with ' d‘otummtatiun of‘ Income: l'oss andfor medical eXpanses he'cause ofCDVID-l 9 You can use the feflawing farm fill? this purpose I'f'you arc served with an cviction nqtica, you can also use {11¢ form to in_fOrm the landford that ynt‘J are eligible for protccfion under Inca} mdinafice This fbrm must be provided m your landlord within I4 days afler receiving an eviction notice. You 5119:1121 keep a copy- oi all notices and any documentation you provide to your landlord. Mr. James Sehneriborn, Trustees (landlord) cfn Harry I. Price? Esq. I PRICELAW FIRM 40 .Main Street _ L'os Altos. California 94022 [Land}0rd is Name 'and- Address] D I am sacking protection against evictim for nan-payment oftent related to COVID-w E] My inceme has lager: negatively impacted by CDVID-I 9'due to ths-following: C3 Job'Lass E! Missingwmfkw care fora child due t3 schema! Clnsure D Reductian of haurs [:I State 0r lqcal emergency action that prevents nit: from Working C} Missing wark to care far a fhanily membu infectgd with CGVID 19 fl Outuof-pockct medical expensc - 1:! Othcr (axplain): D I am‘ providing additiqnal‘docilmentation- of'my loss of income ofout-of-pockgt medical. Expenses; . C] Letter 03‘ email fmm employer citing COVID-I 9 33.3 reamqn for reduced‘work hours or-ielmination 8319 HDIddE} XHHEJ iLEB-PBE-BQQ LT 33.? 13833513398 n- ---u.~ - nnu......-.__.- MT film‘fi‘rl [:1 Raycheak stubs from befare and during {ha COVID-l? pandemic, E3 Bank statemmts showing financial situation before and during the CGVIDJQ pandemic CI Other proofis] pflnss of income: E3 I am seeking protection against eviction fm- vioi‘atio‘u of. occupancy limits because a mgmben ofmy immediate famin mmied _in due to=COVID419¢ B I am seeking prdte'ctibn égainfl noifault eviction. I declare under penalty of perjury under the laws of the Siam ’of California that the fmegcihg is mm anél correct. Date: _ g. Tenant’s signature Print tenant‘s name -‘-‘~vr‘_.-u---- Tenant’s address EéIS EDIJJD XBGBd iLEE-tEE-BQB iliiI 13383.3}.33’96 TT REQUIRED STATEMENT‘OF REASON FOR TERMINATION 0E TEN'ANCY' 0R EWCTION ‘ AND N(ITICE 0F SMALL BUSINESS TENANTS’ RIGHTS (Per County of Santa Clara Ordinance Ni}. NS-9.287-, as amended b'y Ordinance N133. NS-9.288, NS-9,2’89-, NS-9.292 and NS-9.293) Ordinance Nos. NS-9.288, ‘NS-'9.289, NS-9.292 and N83293:). The County of Santa Clara has enacted a moratorium mi aviations for non-payment of rent where small business tanants haw incurmiW195; andfor 3Was a rasult o'fthe COVID-IQ pandemic As of September l ,2020, this mentoritun.protebtsMW Many msidemialtenants haw qualifiz for aviation - ! protastion under State: and federal law- . .. Under the £3011 nty Ordinanctb, a landlord ‘is required to-add. tq a‘ny notica ta terminaten tenancy (such as a 3-day notice ta pay or quit, 0r a 30'- Qr 60-day notice) the fulfawing: I. The; reason for the termihafion ofthe tenancy er eviction; 2. A notice ofthe tenants.“ rights undar the Ordinance; and 3._ A notice Qfemczrgen'cy rentai assistamce prqg-ramS. The. ahoVe information must he supplied 011 this form. Plaasc state the reagents) fqr terminatian oftenancy or eviction {to befih’ed i923: by Lgndlord/p: operty owwr) Occupant has been a ledger at the property that hag been awned by his HOW deceased parent, and has remained without consent pf: and we:- thé objections of, the estate. The fair market rental Value is. in excess of $160.00 per day, from Nav. 14, 2019, the value of which sha-ll'be offset from any distribution Of the estate tq Occupant. The eEtate saeks t0 se‘ll the preparty, and requires thaf Occupant vafiate the premiSes. Page l Ufa i I I LiEB-tQE-BQB LiliI IEQZfiafgfi :mHA BQIQ BDIJJD XEGHJ REQUIRED STATEMENT O'F REASON FORTERMINATION QF TENANCY 0R EVICTION AND NOTICE QF‘SMA'LL BUSINESS TENANTS’ RIGHTS (Per County 10f Santa Clara Drdi'na-nce No. NSs-QJ‘S'F', as amended. , by Ordinance N03. NS~9.288, NS-9.239, NS-9.292 and NS-93293) Notice 9f Tenatnts’ Rigyg I Qn Mamh 24, 2020, the CounQZ-én'actcd Ordinance No. NS-9237, which temporarily bans avict‘iuna for nonmayment of’rent ifyou, a small Easiness tenant, demonstrate that you hav‘e sufferg‘ci a ,aubstantial loss, of inqgmg or substantial out-ofupocket medipai eXpanse due .tizq'the. 'CGVIDJQ fiandcmic. AS of Septembm" I, 2020, this evictinn’moraterium applies to small. bu‘sinass tenants and has- been extanded until March 3 1,202}. 'lfyou qmalify for-protection wider the Ordinanca, your iandlord cannot twist you far nan» payment of rent if: L You are unable to pay your rant because'of substantial loss of incarnc resulting from the: CQVID-19 pandemic: 0r 2. You are unable to pay you:- mnt because of substantial out-of-pockct medicaf expansefi for yourscif or an immediate family m‘embér rasuiting fmm the COVE} 19 pandcmic. Lfyou qualify for protection under the Ordinance, you have rights that relate to your repayment 0f paSt-«due rent These a1 e: l. You haveW113 from the date the Ordinance empires or is terminated to repay at {east 50% of your paatadue rant; 2- YOU haveWills fmm flu“: date the Ordinance expires 0r is terminaxcd t6 repay a-II ofyeur pastwdue rent; and .3. A landlordmung; charge a late fee; andfor pbufiltics fdr rent that was deafened 3%: a msult ofthe Ordinance sq long as you repay your rent according to this timeline- Yuu should notify your Iandlord in Writing that yau arc unable ta pay 'you'r rent clue to COWB- 19 as soon as possible The County has aform yuu may use to notify your Landlmd, which you can find on the County website at.MW. Y'ou can show your inability to pay through documwtation such as closuze of busincss qr reduced business inmme, bank statements gr other financial dflouments (The Ordinance lists qther examples) Ifyou are sawed with a notice of avicfi'on during the mpramrium: you have the right to: I. .Rcceive this Notice as well as all other legaily required maticeg; 2.1 Receive the masfin fortflewfminaflqn of‘tanarmy ormictiqn in Writing; and Page 2 of 3 , 8919 HDIddU XEGBJ iiEE-PQE-EQB fl iii TZIZJefiZXEB C‘T NOTICE OF SMALL BUSINESS TENAN'ITS’ RIGHTS (Per County of Santa Clara Ordinance No. NS-9.287, as amended by Ordinance No.3. N5w9.288, NS-9.289,‘NS-9.292 and and NS-9393) 3. Receiva inf‘brmatfon. cm emergency rental assistance. programs. FE?!“ more inQTmatiOU. p'1633c refer to the Frequently Askafi Questiom en thg County wgbsitei'at:MW Yau should also seek legal help to undarstand your rights and resppnsibilities under'fhe Ordinance. A list of¢mergency rental assis'tance programs is available on the County websitfi. at: Page 3 crfa tlm-n'rl BQTS 3313.210 KEGEd LLBBflflfi-BSS 2.1 :LI IZBZEiZKQB umHA 8?: IE 331.430 X3633 covm-w Tenant Relief Act Notice pnrsuan-tm Code of Civil Pracedure‘Sectiuus 1179.01 - 1179.07] NOTICE FROMTHB STATE OF CALIFORNIA: The California Laegisiamre has finacted {ha COVlD-IQ. Tenant ReliefAct QFBDEG which protects writers whuhava expenianced COVID-IQ-related financiaidfstrass from being evicted for failing to make: rental payments due between March '1, 2820? and January 3 I, 2021; ' “CGVlD-Wrrefatcd financial distress" means any 9F the‘ Fallowing: l. Loss of i'ncomc caused by the COVID-I'Q pandemic. 2. inorfiased out-oF-pockct expanses directly related tc- perfmming essential} wwk during the COVID-I‘EI pandamic. 3: Increased Mpenscs directiy relatecf to the health impact‘of’the CQVED- IQ pandemic. 4. Childcaré r‘rssponsibilitics or responsibiliti es to cape For an elderly, disabled, 0r sick family :fiemher directly relamq to than COVID-l? pandemic that limit your- abiliny to earn income. '5. lhcwasefi casts fer chiidcara or aflcnding t0 an Bldefly‘ diaafiied,'or sick family membbfidire'fltly ralatad» to the CQVIDr-I 9 pandemic. 6. Other circumstances relatad to the CQVlD-IQ pandemic mathave rcduced yaur income or increased your cxpenfics Thisjlaw gives you the: foilowing proteptions; l. I'fyou failed tmnakc rental payments due between March 1,2020, and August 3 i , 2020, becauise-you had decreased income: or incrcased qxpens¢s due to the COVID-IQ- pandmic, as describctd above,y0u cann‘ut be evicted based on this nonpaymant. . 2. Ifyou arc unable: tp‘ pay rental payments-that come due: betwccn Sepzember 1,, 2020,_a'nd January 3 l, 292 l, bécausc of decwased income or increased mpcnsss due to fhe COVID 19 pandemic, as described above. you cannot b6 evicted if‘yOu pay 25 pmfint of the rsntal paymcnts missesd during that time pfiriod on or before January 3] 2021. You must providc to your landlord adcciaratim under penalty of‘pexjury ofyour COVID- 19-rclattfid financial dlstr-ess attesting t0 the decreased Income OT increased Expenses due m the COVID- 19 pandamia to 'be proiactezd by'tha. eviction imitations desoribed above. Before your landlord can seek to evict- yo‘u for failing ta make a payment that came due between March 1, 2020, and January 3 i, 202.}, your landlord will b3 required to give yen a 15-day notice tha£ mfbrms you of the amounts owed and inaludcs a biank fleclarafion farm you can use to com piy with this requirement. if your landford has praofc'f incame on fiIe which in’dibms that war household makes at least IBB‘parcem of-the m'cd-ia‘n income-f‘or the cgunty' where the; rental property is located, as published by the Departmpn't 9f Housing and Cqmmunity Deveiopment in the Official State Incmna Limits fer 2020, your landlord may aiso requireyou to provide documentation whiqh shows that you have experienced a decrease m income: or increase in expenses due to the CDViD 19 pandemic Your landlord must tcll ygu in the. 15-day notice whether your landlcrd'15 requiring. that documentation Any form of' objtcfively verifiable documentatipn that demonsirates the financial impact you have mpenienced Is sufficient including a latter fwm your employer an unempioymcnt'Insurange remrd, or medical bill‘s, and may be previded to satisfy the documentation I‘GQuiremcnt It.:s very impoflant yqu dp not ignore a 15-day noticc to pay rent 0r quit or a-notiee ta perform covenants orquii From yaur Iandlm'd. lf'ynl! m'e 'sen- ed. with a 15-day notice and do not prqvidq the demamficm form to your iandIOrd befhrc tbs 15 day natica expires, you could be evicted. You cauld alas) be evicted beginning February l, 2021, ifyau owe; rental payments due between Sepxcmbez‘ I, 2020, and January 3 l, 202]. and you d0 not pay an . ammnt‘ equal to at lcast 2‘5 percfint ofthc'paymcnts misged fm' that time'period. For informati'on about tegalremurcyes that may bs.avai'iable to yon; visit lawh'elpca.m'g. l . ££EB~?BE"BSS 21$ :iI {383,313,393 EXHIBIT 4 UD-‘lTOS ATTORNEYORmm wmq'mamRrJEY ‘ ' ' awe am Nuuaen: 203638 I I Eon cocmr use draw - mums: Jay A. Christofferson r-mM mass.- Wanger Jones Helsley PC; smear Anuaesa- 265 E. River Park Gin. suite 310 CITY: Fresno 8mm: (3A zIPoooE: 93?20 TELEPHONE HQ: 559-233-4800 Fax m: 559~233-9330 emu Anonass: 1christofierson@wjhattomays.com mama»? FQR mama): Leonard Schoenbom SUPERIOR EEURT 9? oALtFoamA,’ couufior SANTA CLARA 3mm Anmgaa: 191 North First Street mum; nomess: - cmr Mo ZIP opus: San Jose 9511 3 amen Mme: GM! {Jivlslon ' PLAINTWF: James Schoenbom, Successor Trustee of {ha Schoenbcrn Famziy'uwng trust DEFENDANT: Leonard Schoanbom AnswER-UNLAwFUL DETAINER ggsgggma _.._.- 1 . Defendant (all dgahdanfs for wash rhls‘ahsfirer Is flied must be named and mas! sign this answer unless their attorney 31903)." Leonard Schoenbom ' answers tho complaint as foilowa: 2. DENMLS {check ONLY ONE ofthe next two boxes.) a. [ 'x I General Dania! (Do not check this box ff the sampfalnt demands more than $1, 000.) Defendant generaliy denies each statement ofthe complaint and of the Mandatozy cover Sheet and Suppmmenta! A!!egaflms~.-Unlawful (Detainer (form UD-101). b. [2:] Specific: Daniels (check (his box and oompfere (1) and (2) befow ficombfamt demands more than $1, 000.) Defendant admits that alt of the statements ofthe complaint and of the Mandatory Cover Sheet and Supplemental Allegation3+éiniawful Detainer (form UD-1 01} are true EXGEFT: (1) Denial of Aflegaflons In Oompiaint (Form UD-ioo qr Other Oompialnt for Uniawfu! fletalnor) {a} Defendant cialma the following statements of the complaint are false (state paragraph numbers from (he compfalnt or expfain below or, if mare raqm needed, on farm MO-025): E3 Explanation is 9n form M0025. tltieci as Attachment 2b(1){a). (b) Dafandant has no information or belief that the following staiemenia oi the complaint are true. so defendant dentes them (state paragraph, numbers from the complain: or explain below or, 1fmore room needed, on form N10026:): [:1 Explanalién Ia on form M04325. lined as Attachment 2b(1)(b). (2) Denial of Allegations in Mandatory Cover Sheet and Supplemental AffegatfonSwUnIawfuf Defamer (form UD-‘I 01) (a) [2:] Defendant did not recalve pialntlfl‘s Mandatory Opver Sheet and Supplemental Aflegaflons (form 00-101). (If not checked, compfete (b) and (0).) (b) Defendant cEaims the fotlowmg statements 9n the Mandatomy Cover Sheer and Supplemental Allegations-Unfawfu! Defafnerfionn UD-101) are fates (state paragraph numbers from form UD-i01 or explain below or, {rmqre room needed, on form M0025): [:2] Explanation Is on form M04325. tified as Attachment 2b(2)(b). (c) Defendant has no-lnformatlon or belief that the followlng statements on the Mandatory Cover Sheet and Supplementa! AHegatfoannfawfu! Detaineraorm U040” are true. so defendant denies them (state paragraph numbers {mm fem: UD-101 ‘or‘ explain beiow or, Ifmane room needed, on form 1140025):E Exptanathn is on form MC-ozs. titted as Attachment 2b(2)(o). : Paar! o! a y- - - ' ' ‘ ' ' ' ' ' CMI c'c'nda. § 1840 a! sat}: - d or lUs Empmaac‘fififigk ° ANSWER-UNLAWFULDEWNER “““fi’1‘é‘flfziafi‘?{$fmii: . uD-{afitfiam Fabmwy 13. 2021} mhfimuflmagov up-ws mars wmaafi; 210V3§1288 -.-.-' ‘ -.-.‘ 3. DEFENSES AND OBJECTIONS (NQTE: For each box checked, you must state brief facts to suppodfl in item 3: (on page 3) or. If moi: mom Is needed. on form friC-025. You can foam more about defenses and objections at .,. ...0. .9, 3.9.. .. 7,...9. . a- | _ HI (Nonpayment ofrent only) Plaintiff has breached the warranty to provide habflabie premises. b. D {Nonpaymenfofreni onty) Defendant made needed repairs and properly deducted the cost from the rent. and plaintiff did " not gm proper credit." c. m (Nonpayment often! only) On (date): before the notise to pay or quiz eXpired. defendant offered the rent due but piaintiffvwould not accept it. d. m Plaintiff waived, changed. or canceled the notice to quit. a. fig] Piaintiff served defenda nt with the notice to quit or flied the com plaint to retaliate against defendant. f. [:1 By serving defen'dantwuh the notice to quit or flilng the comptaint. plainltff ls arbltrarlly dlscrimlhafing 898m“ the' ‘ defendant In vlglatlon ofthe Constitution or the laws of the United States or Gaiifomia. g. [2:] Plaintiffs demand 101' possession vloiatea the Iocai rent controi or eviction control ordinance of (wry or county, titre of ordinance, and date ofpassage): (Aiso. briefly stare In Item 3tthe facts showing viofaflon ofthe ordinance.) h. Plaintiff's demand for possession is subloot to the Tenant Protection Act of 2019, CM: Code section 1946.2 or 194?. {2. and Is not in compliance with the act. (Check aft that appfy and briefly state in Item 3! the facts ma! support each.) (1) Plaintiff failed to state ajust cause for termination of tenancy tn the written notice to terminate. (2) D Pfalntiff failed to provide em opportunity to cure any alieged vbiatbns of terms and conditions of the lease (other than ' ' payment of ran!) as required under Clv. Code, § 1946.2(0). (a) [:1 Piazntlfitaiiadto'gompiy wtththereiooatton assistanserequsmmantaorciv. code,§ 1943.203. {4) [:3 Plaintlft’ has raised the, rentmore than the amouni atiowed under 01v. Coda, § 1947.12. and the only unpaid rent is the unauthorized amount. (5) Piaintlfi violated thaTenant Proteeilon Act m another manner that defeats the complaint. l, [1:] Plainilfl' accepted rent from defendant to cover a period 0i time after the date the notice to quit expired. j. [Z] Plaintiff seaks to eyict defendant based 0r! an act against defendant or a member ofdefendant's household that Gonsflflfies d0m6$tiG vtoience, Bexuai 838W“. 8195mm. human trafficklng. or abuae of an elder or a dependent adult. (This defense requires one of (he following: {1) a temporary restraining order} prote ctfva order, or poflce rep on‘ (hat ls not more than 180 days old; OR (2) a signed statement from a qualified thirdpadytogu a doctor. domestic violence or sexua! assault counseior. human trafficking casewomer. or psychologist) concerning {he Injuries or abuse msumng from these act‘sN _ ‘ - k. m Plaintiff aeeks to eVI'oj defendant based on defendant or another person nailing the poilce or emergency assistance (6.9.. ambulance) by or on behalf of a victim of abuse. a victim of crime, or an Indivicjual In an emergency when defendant or the other person believed that assistance was necessary. I. Plaintiff's demand for possession of a residential property is in retaliation for nonpayment of rent or other financial obligatlons due between Mamh 1, 202g). and June 30. 2021. even though alieged to be based on other reasons. (cw. Code. § 1942.5(d).) ' m- E] Plaintiff‘s demand for possession of a residential property is based on nonpayment or rent or other financial: obilgations due between March 1. 2020. and June 30. 2021, and (check all mar apply): ' (1) C3 Pialntlff dld nbt serve the genera! noiiga 9f rights undar the QQVIDJS Tenants Relief Act a3 required by Code of Civil Procedure section 11 79.04. {2) [:3 Plaintiff did not serve the required 15-day notice. (Code 01v. Pram, § 1179.030» or (cm (3} E] Ptalntiff did not provide an unsigned declaration onOVlD-‘IQureEated financiai distress with the 15~day notice. (Coda ' ' Olv. Pros“ § 1179.03th.) (4) E Plaintiff did not provide an unsigned decimation of COVID-19~reiated financla! distress in the language In which the Iandiqrd was rgquked to provide a transiauon of the rental agreement. (Qode Clv. Prov... § 1179.03(d).) Page 2 offiundosmwmebmmy 15. 20211 - ANSWERMUNLAWFUL DETAINER-F UD-1 05 casaHuman: 2 TGVSB‘I288 m. {5) C: Plaintiff Identified defendantas a "high-income tenant” In the 15day notice. but plaintiff did notpossass prom at the time the notige was sawed establlshlng that defendant metthe definitmn of higMncome tenant. (Code CW. Prom, § 11?9.02.5(b).) (5) (8) [:2 Defendant delivered to plaintiff one 9r more declarations of COVIIM Burelated financial distress. (Code 01v. Prom. § 1fi7_9.03(f)-) (Describe when and how delivered and check a]? other items below that appiy): (b) [:1 Plalntifi's demand for payment inosudes Eate fees on rent or other financial obilgafions due between March 1 . 2020. and June so. 2021. (c)G Ptalniffi’a damand for payment includes fees far services thatware increased or not preVIousEy charged. (d) C] (For cases (fled after June 30, 2021) Defendant. on or before June 30, 2021 . paid or offered pialntiff payment of a1 laast 25% of the total rental payments that were due between September 1. 2020, and June 30. 2021. and that were demanded in the termination notices for which defendant delivered the deciaraticns described In (a). (Code Clv. Prom. § 11?9.03(g){2).) (7) [:3 Defendant is currently filing or has aiready filed a decimation of COV¥D-19~related financial distress with the court. (Code CW. Prom. § i179.03(h}.) n. [33 {For oases flied before July 1, 2021) Pialntlfl‘s demand for possession of a residential tenancy is based on a reason other than nonpayment 0f rent or other financlai obligations. and piainflff lacks lust callse for termination of the tenancy, as defined in GM! Code section 1946.203) or Code of CM] Procedure section 1179.03.5(a)(3)(A). o. Plaimlff vlolated the GOVIIMQ Tenant ReiiefAct (Code CW. Pros” § 1179.01 et seq.) or a local COViD-19 -reiated ordinance regarding evictions in some otherway (bflefly state facls desofibfng this In Hem 3!). p. E3 Defendant provided plaintiff with a declaration under penalty of perjury for the Centers for Dlsease Control and Praventlon‘a temporary bait In evictions ta prevent further spread of COVIDAQ (85 Federa! Register 55292 at 55297). and plaintiffs mason for termlnatton of the tenancy is one that the tam porary hait In evictions applies to. (Desadba when and how provided): q. E Plaintiff vlotated the federal CARES Act. because the property Ia covered by that act and {chask a]! {hat apply): (1} [:3 The federalty backed mortgage on the preperty was In forbearance when piamflff brought the action. (15 U.s.c. § 9057.} (2) 1:] The ptamufi did not give the required so days' notice. (15 u.s.c. § 9058(0).) r. [:3 Plaintifl impropefiy applied payments made by defendant In a tenancy thatwas En existence between March 1, 2020. and June 30. 2021. as foliows (check afl fhatappty): (1) [:3 Plaintiff appfled a Security deposit tq rent due without tenant's written agreement. (2) [j Between March 1. 2020. and June 30, 2021. plaintiff applied a monthly rental payment to COVlD-w-related debt othar than to the proapeoilve month's rent; without tenant‘s written agreement. s. Other defanses and objections are stated In Item 3t. umosmev.mum 1e. 20211 v . - ANsWERMUNLAwFUL 9'51“ng mason .Uwos Icnss NUMBER: 21 GV381 288 t. (Provide facts for each Hem checked above, efrhsr below or, ifmore room needed on fem? MC-O25)‘. Description 01 facts pr defensea are on form M0025. titled as Attachment 3t. The above-antitled action seeks to evict Leonard Sohoenborn from a property that he partialiy owns. On Apr” 11. 1991. the pmparty at issue herein was transferred to the Schoenborn Famliy LIvIng Twat by Leonard Schoeanrn's parenis . Through a series ofsuocessortruats. the property at issue herein ended up In the Family Bypass Trust By the terms ofthe Family Bypass Trust. upon the death qf Leonard Schoenhom's Iaat surviving parent, the assets of the Trust bekmg to the parents' then- iivlng descendants. by rlg'ht 6f representation. In accordance with suocessbn by right of representation. Leonard Schoenbom and hls two living brothers each held a 113 Interest in the property at issua herein. By default, this ownership Is as tenants-In- mmmon. and thus. Leonard Schqenbom has a Eegal right to occupy the property. Additional Facts Provided ln'Attaqhment 3t. 4. OTHER'STATEMENTS a. [fl Defendantvacatedthe premises on (date): b. The fair rental value of the premises allaged in the compiaim Ia excessive (explain betow or, (fmore room needed, on ' fqrm M0625):m Exptanaflon is on form M04325. titled as Attachment 4b. Leonard Schoenborn is Informed and believes that fair {entai value for the premises Is approximately $2.500 per month or $83 per day. Plaintiff cialms rental value of $160 per day. which is Qouble the fair market value rent. o. D Other (specify befow or, ff more room needed, on form M0025):m Other statements are on form M0025, titled as Afiachment 40. 5. DEFENDANT REQUESTS. that plaintiff take nothlng requeated In the complaint. b. costs Incurred In this procee'dlng. g. reasonable attorney fees. d. [j that piamtlff be ordered to (1} make repairs and correct the conditions that constitute a breach ofthe warranty to provide ‘ habitable premises and (2) reduce the mommy rent to a reasonabie rental value until {ha conditions are wrecked. . |_ ' ' | cheflspacffy be'low 9r on form M0025): [:1 Ali other requests are stated on form M9025, titted as Attaahment 56. 9’ (D B. Numberofpagas afiachad:1 _ UD.105[Rev. Fobruan; $6.921; _ ‘ I ANSWIER_UNLAWF'UIL DfiTAiNERK Pageéoifi .. umea C&SE NUMBER: 2 1CV381 28B LiNLAWFuL osmium ASSISTANT (Bus. 3. Prof. code, §§ 640M415) 7’. (Must ha aqmpleted m a1! oases.) An unlawful detamar asamant did not [:1 did for compensation give advice or assistance with this form. (If defendant has received any help or advice forpay from an unlawful detainer assistant, state): a. Assistant’s name: ' b. Telephone number: o. Street address, alty. and zip coda: d. County 9f registration: e. Registration number: f. Expiration data: (Each dchndanr for whom this answer ls flied mustb3 named In item 1 and mils: sign this war unIeSS defendant's attorney signs.) ngfi.‘ QhristqtferSQn _ } M A ' ' ' {IYPE on Pam: NAME: {SierTa‘fffi DEFEHDANT0R ATTORNEY; ’ k: (TYPE 0R Palm NAME) ' ' {stem‘fe 0F DEFENBANT 0R ATTORNEY) VERIFICATION (Use a different verification fom1 if the verification Is by an attorney or fora corporation or partnership.) I am the defendant In this proceeding and have read this answer. Idaclare under penalty of parlury underthe laws o! the Slate of California that the foregoing Is true and correct. Date: lune l, 2021 Laqfiard Sphoeqbprr} _ _ _ fl I ) IS! Leonard Schoenbom' - {TYPE on Palm NAME} {s'leNM'uaa' OP D&FENMNU umioslneumobwammom I I y ANSWEjRQUNLAWFUL DETAIfiER I Meson [m_c-ozs GASENUMBER:SHORrT TITLE: ZICVB 31288 m Sohoenbom v. Schoenborn ATTACHMENT (Number): 3t _ (This Aflaohmenr may be used with any Judicial Council form.) Laonard Schoenborn holds a a present interest in the property as a beneficiary of the Schoenborn Family " Living Trust, the Plaintiff, as Tmstee of said T1ust, holds the property in a constructive trust for the benefit of Leonard Schoenbom. Accordingly, Plaintiff cannot remove Leonard Schoenbom from the property. Next, Leonard Schoenbom was never a tenant of the property. Leonard Schoenborn was neirm' party to a rental agreement, nor does he have any rent payment obligation to Plaintiff. Without a lease agreement, an unlawful detains: action is procedurafly inappropriate. Rather, as noted above, Leonard Schoenbom holds a right to occupy the prppgrty as an owner of the property. Therefore, the present unlawful- detainer action cannot be used to remove Leonard Schoeanrn from the prop arty. ‘ Page 1 of 1w (Add pages as required) ' ' W.muninfo.ca.gnv (1f the item mat this Attachment concerns {s made under penalty of perjury, an statements in this Aftachmen! are made underpenafly ofpadury.) ATTAEHMENTF32“: eowwm’“EB D O 0 a ' to Judicial Council FormMama man July 1. 29091 \cooqoxmgmpw wwmwwmww. - mmmmmmmh-EEQSEGES5ZS PRQOEOF SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, Califomia. I am over the age of 18 years and am not a party to this case. 011 the date indicated below, I served the foregoing document(s) described as ANSWER ~-UNLAWFULDETAINER on all interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: . Harry I. Price Price Law Firm 4Q Main Street Los Altos, CA 94022 Ph: (65.0) 949~0840 Fax: (650) 949-0844 E-mail: l_1a11fv@pricesla}y.cqm X (BY MAIL) I am readily familiar with the business‘ practice for collection and processing of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service on the date noted below in the ordinary course of business, at Fresno, California. (BY FACSIMILE) I caused such document(s) to be transmitted t0 tha addressee(s) facsimile number(s) noted above. The facsimile machine I used qomplied with Rule 2003(3) and the transmission was reported as complete and without error. (BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be seamed into pdf format and sent via electronic mail to the electronic mail address(es) 0f the designated addressee(s). (BY OVERNIGHT COURIER) I caused the aboveureferenoed envelope(s) t0 be delivered to an overnight courier service for delivery to the addrasseds). I X (STATE) I declare under penalty of perjury under the laws 0f 1:116 State of California that the foregoing is true and correct. Executed 0n June 1, 2021, at Fresno, California. . 1 J :24??? [s‘hfliflcfi £9ijzot . Ki Barley D0433 {37521002101265493DQCX} EXHIBIT 5 90.905 Enqnusvonpmv'wmb'ijfidmmww‘ " "W ' " ' sjr'mis'hévitifiuéén: 2031378” ' I ' I non uounruéa'oréév mm Jay ”Av Ghrletofferaon HHMNAME: anger JOnfia Helm? PG o D ' smumounem 265 L"RIVerParkGir.. Suite 310 Elecvom?a”y filed mm Fresno arm: GA mm 93720 by Superior CoUrt of CA, IeLEPHoua No.1 659.233.4300 mt N04 659v233v9330 County Of santa Clara mmomwsat {ahrhston’arsnn whaflmno 3.00m l @1 Y on 6/8/2021 4:21 PM éffegnw 90R mama): Leonard 8choenb¢m atlpa'm'oa own? or" oauronmh‘, oot'm'n" or saw smith ' ' ' Reviewed By:M Vu 31$;223:2: 191 North Flrat $_treat Case #2 1,CV381 288 Env #6608047om AND zap «won: Ban .gqaa 96113 BMWHHMIE: OM} Divlston PgAINTlFF: ‘Jairiérs S&do'nhém, 3903341530.? Tulane 'af {ha schaanhum Family Living Emu! DEFENDANT: Leonard Boixpenbom . .. . . . . _ _ ‘. i p- , ‘ . v y ’. flhwfiENUf-jnfifl: I v v r . AMENDED Ansng-UNLAWFUL mammal: 21GV331283 i . ' fieréhdefit {MI dafendzinrs for whim this 'anawer :9 {fled must bi: namedahd musrwgn this anamr imiess rhelr 31:05:33! signs): Leonard acimanbam anawam the complaint as follows: 2. DENIAL? (Chock ONLY ONE onus next two Imxvs.) a. [E General Denial (Dc npfahaok this box if the campiarnl demands Moro than $f,ooo.)" Defends n! genmally denies each atatement urine complaint and o! lhe Mandatory Gover Sheet and Supptemanra! A_rraguiiomUnfawm} Detaineruorm UKMO‘IJ. I). [:3 epuumc Dontaie (Ghazak this box and complete (1,! and r2) beiow ricompminr demands Dafandant admits; that ail of me statements oftha mmplatnt and of the Mandatory Cover Alfegarfons-Um‘awnu Derarrzertrorm UD-101} are true EXOEPT: (’i} Donia! or Ailegatlona In Goninlaint [Form UEM 00 or Other complaint for Unlawmr Detoluar) {a} Defendant ctaims the foflowm statements or {ha oomp1alnt are false {state paragraph numbers {mm {he campfamr or explain below or. Ifmare room nooded, cm form M0626): [:3 Explanation‘is 'gn farm M&OZG. lfflad a6 Attachment 2b(1}(a). mam man $1.000.) Shea! and Suppfemsnm! he complaint are irue. so defendant flames (b) Defendant haa no infmmauon or baklafihauhe rollawzna statements on Ifmore room needed, on form M0025):mam (State paragraphnmnbm Rom me complaint or explain below or, E3 fixptanatlbn la on foxm MQ-BZE. tilled an Afiaohmentfihfixb). (2) Donia! 0f Ans 9450119 1n Mandatory cworSheet and supptamantaf Magattonsrv-Unfawru! Detalnoflfqrm Um o1) (a) C2] Dafhnda‘nt did mt receive plaintiffs MandarmyCover Shoatand Supplementawmgaflons ((orm U040”. (i! nof checked, Gompfefa (b) and (0).} (b3 Defendant olaima the fotipwlng atatementa on the Mandalay quor Shea! and Suppramema!Ailegarfonawvmawm! e (state paragrayh Human? from form UD-wf oraxpmrn below or. Ifmora roamelamar fosm 0(24101 are la. geodod. c(m {dim MO‘Oéb): " Explanation Is on form MGvOZS, titled as Attachment 2b(2){b). (6) Dafendunt‘ has no-Ififormatlun or hailet that the following statements on the Manama)! Gover Sheer and suppromama: Megaflomwlmigwfld aofakm' (roan UD-w'!) are true. so damnden! denies {hem (sierra paragraph numbers from rorm UDafofiar’95'me befow 0:; ”more mom Headed on form #40925): [:1 BXpIanthqn I? on form M04325. {Iliad as Attachment mafia). ma 1 ol a ‘ IL 4 . V I ' - ‘ o I f FormApgmwmépuanewm ' 1 AMEN ’ D Anawgnwugqmww L DETAINER cm argvlfigggoaifixmg 3:31:33:{fiddfi’ “mm 0t Qlwofl'l‘fl . DE ‘ ' - \ - 1(a1 a! g'q' ”"931 fl ‘gq. . “WIN” s’W-Wfownsmmmum is. mi} Unalos mommy on PART?Wow arronunv' ‘ H swam Human: 2036?3 ' ' a Iron'cowzr 05s brew I Hanna: Jay h. Chrietofferson mm mus: Wangar Jones Helsley PC smear Apuasas: 285 E. River Bark Gin. Sum 310 CITY: Fresnp mm GA 2:? 0092: 93720 TELEPKGNRm: 569-233-4800 ' max no.1 559.233.9330 E‘meoufiess: johrlateflerson@w}hattomeys.com WORN?! FOR mum}: Leonard Schoenborn J gunman oom‘r 9F oALiPQRmA, 90mm! 0F saw.cum amaeuumaas: 191 North First Streat mum Maness: - cm mm zip 0098: San Jose 951 13 Emmamm: Civil Division _ ‘ ‘ n I ' PLAINTIFF! James Schoafilipm; éuqoéaso'r males of thaTachoanborn Famfiy Living Ems: DEFENDANT: Leonard emoanbom _ . - - ' ' ‘ ‘ ' ' w ' oAsEbiUF-lfifiw w I -r ANSWERwUNLAWFUL UETMNER ‘ flowmggg i .' rDéfézidEnt (aii'fiefénEHfé f0}-MI _ om ibis éhéwer ls flak} mast'rba named and mus: sign Jhls answer unfags their aitornay signs): Leonard Sghoenborn - answers 1316 complaint as foilows: 2. DENIALS (Check ONLYONE offlza next Mo boxes.) a. CE] Gamma! Denial (Do not shack this bcx If the oompialnl demands more man $1,000.) ' Defendant ganemily. denlea each statement 9f tho compialnt and of the Mandatory Cover Shea! and Supplamontal Allegationsufilnfawfld Datamarfiorm UD-101]. b. [:3 Specific Denials (Check this box and complete (1) and (2) befow (roommam! demands Mora than $1.000.)‘ Defendant admlta that ail ofthe statements of the complalnt and Of the Mandatonl Cover Shea! and Supplemental Allegations-«umawmr Dafarnar (form LJD-101) am true EXCEPT: (1} Denial cf Ailegatibhs In Complaint {Form U04 00 or Other complaint for Unlawful Detalner) (a) Defendant cialms the following statements of lhe oompiaint are false (state paragraph numbers from (he complain! or axp!afn below or, Ifmore room needed, cm {om M6425): [:1 Explanation Is fim form M0025. {1!le ea Attachment 2b(1)(a). (b) {Jafandant has :19 information or bailef that the following statements of the complaint are true. so defendant denies them (state paragraph numbers from the acinpmlnf or explain below or, ffmore room needed, on fem? M0025): [:3 Explanaflfin la on fprm MG-ozs, flusd as Attachment 2b{1)(b). (2) peniai of Aliegat‘wgs lg: Mandatory Cover Shea: and Supplemental Allegationswuufawfui Defamer (form 59-101} (a) C] Berendant dig! nqt rec_e Ive plaintlfl's Mandatory Qover Sheetand Suppzamanfamflagaflons (form UD-101). (1r not checked, complete (b) and (0).) (h) Defendant ulatms the foIIowIng statements on the Mandatory Cover sheet and Supplemental Allegations~umawfui Datamercfczm 1.30401) are false (state paragraph numbers fivm‘rorm {10-101 or explain barow w. Ir more mom . needed, on form M0025): [:3 Expianaflon Is on £01m MC-ozb. titled as Attachment 2b(2)(b). (a) Defendant has no Intermaflon or belle! mat the toilowlng statements on the Mandarwy Cover Sheer and Supprementaf Arrogaflonsuumlawru! Dormer (form UEMM) are trua, so defendant denies them (state paragraph numbers from ram: UD-101 {or'exptafn below or. fr more room needed. on farm M0025): [:j Expiangfiqn Is 0n form M04125, tilted a8 Attachment 2h(2)(o). ' . _L Pagg‘l b” ' ' " ' ' ' wcmwmasa .';0mm rovwloto Hone! Um Eumdaipgcunwoma’imm AMENDED ANSWER-UNLAWFUL DETAINER Wogifiiimamafifiggogiégfigq‘ ' mmmmmauUQIIOE £83m ?Bblfinry 10, 202.1} . upaos cast: Human: ' 21CV361288 3. QEFENSES AND OBJEOTIONS (NOTE: Foreach box checked, you must state brief {sols to support}: m Item 3r (on page 3) or, if more room ls needed, on farm M0026. You can {earn more about dafensas and objections a! a. [:1 (Nonpaymanf ofrem only) Plaintm has breached the wartanty to provide habltabta premises. b. E] (Nonpayment ofrpn! qnfy) Defendant made needed repalra and property deducted the coat from the ram, and plaintiff did' notglve proper credit. 0. E3 (Nonpayment of rentonfy) 0n (date): before the notice to pay or quit expired, defendant offered {he rent data but plalnilfiwould not accept it. d. [:3 Piaintlifwalved. changed, or canceled the notice to quit, a. [3:] Pialnttff servad dafandant with iha uolfqa to quit or flied the complaint to retaliate against defendant f. [:3 By serving defendantx‘vflh the nqlise to qun or flung the comptalnt, plaintiff ls azbitrariiy dlaoriminaflng againat the ' defendant in vioiation oftha Gonatuuiton or the laws ofthe united States: or Gamornfa. g. [:3 Plaintiff‘s demand for possession vloiates the local rent control or eviction control ordinance of (oilyor comfy. flfle of ordinango, and data ofpassage): (Also, briefly state In {fem 3t me facts showing vforafmn of {ha ordinance.) h. Plaintiff's demand {qr possession Is subject Io {he Tenant Proteoilon Act of 20 19. CM! Code section 1946.2 or 194?. 12. and i3 not 1n Gompliance with the act. (Check an' mat apply and briefly stats In Item 3! the facts that support each.) (1) [3:] Plalmlff tailed t0 stale a just cause fortennlnatton of tenancy 1n {ha written notice to terminate. (2) |:j Pialntiff falter} to provide an opportunity t0 cure any alieged vloiailona 0! terms and oondltlons o! the lease (Omar than payment o! rent) as required under Clv. Code‘ § 1946.203}. (3} [:3 Plaintiff failuc! tqcomply with the retocatlon assistance requirements of Civ. Code. § 1946.2(d). (4) £2] Plaintiff has tamed the rant more than the amount ailowed under Clv. Code. § 1947.12. and the oniy unpaid rentls the ' unauthorized amount. {5) [:3] Plaimlff Violated {heffanant Protection Act In another manner {hat defeats the (:ompialnt. 5:] Plaintiff accepted rant fmm defendant to cover a pertoti of time after the data me notice to quit expired. [:3 Plaintiff seeks {a aylot defendant based on an ac: against defendant or a membar ordefendanl‘s househcld that constitutes dqmaatlo vlqlance. eexuai assault, stalking. hUman trafficking. or abuse of an elder or a dependent aduit. (This defense mqufres one of the roifowlng: (1) a temporary restrammg order, protective order, or police report that Is not more than fao‘daya old; OR (2) a sfynad statement from a quaflflod mm?gadymgq a doctor. domesuo violence or (sgxuai assgflt oounselon human Iramoklng caseworker; arpsyehoiogisa concerning the Muries or abuse rewiring from ese acts . . ' [:3 Plaintiff seeks' to evl‘gi defendant based 9n defendant or another person nailing the police or emergenoy analaiance (3.9.. ambulance) by a_r on behaif of a vicilm of abuse, a victim of orlme, or an Indlvidual In an emergency when defendant or the other person heiieved that assistance was nacassary. [Z3 Pialntiffs (Iemand for pwseaslon or a residential property Is In rataliatlon for nonpayment oftent or ntharflnanotai ' obligailona due between Marsh 1. 2020. and June 30. 202-1. even though alleged io be based on other reasons. {CM Code. 5 1942.5(dm _ , [:2] Plaintm’a demand for passession of a residenflai properly ls based on nonpayment of rent (>1 other financial obligations due batman March 1 . 2.020. and June 30. 2021. and (cheek a}! (harapply): ‘ (1 ) CI] Plaintiff did n61 sews the general notice of righia under the OOViDda Tenants Relief Au! as required by code of CM! Pfooadum aeqtlon 1179.04. (2) [:1 Plaintiff did no; serve {he required 16*day notice. (Bode 01v. Prom. § i1?9.03(b) or (0),) (3) [j Ptalnflrf dld not provide an unsigned declaration of QQVID-isnrefated flnanciai distress with the 16-day notice. (Code clv. Prom. § 1179.03(d).) (4}D Piaznfiff did mt provide an unsigned deoiaration of CQVip-1 Quraiated financial distress in ma language In which the landiord was :gquirad to provide a tranaiatlon o! the rentai agreement. {Gods (Jiv. Prom. § “N.oaidl.) a o_' :V 3-. 3 UoT-IOSIRWIPebmmNOflGzil' h A&ENDED ANSVE'EfiH-‘JfiLAWFUL DETAINE; Fada I or: umga msmumaan: 21 0V3?“288 m. (63 {:3 Plaintiff identified defendant as a 'hlgrplnoome tenant" In the 15-day notice. but platntlft dIa not possess proof at the; giggggeogtgi‘ ) arias served estabiishlng that defendant mat the definition of hlgh-insoma tenant. {Gods Giv. Prom. {6) (a)m lpefendant delivered to plalnilff (ma or mom daoiaratlnna of CQVIDJlQ-relalad financial distress. (Qode cw. Frag, l§ 1j7_9.93(f).) (Describe when and howdammed and shack alt other Items below that appry): (b) 5:] Plaintiffs darnand for payment includes late fees on rent or other flnanolal obligations due batman Marqh 1, 2020. “and June 30. 2021. - . (0) E3 Plaintiffs demand tor payment Includes feats forservlcsa that ware Incraased or notpmvlously charged. (d) :1 (For casesfllad aflerJune 3,0, 2021) Defendant. on or before June 30. 2021. paid or offered plaintiff payment of at leastzfi‘Vo of the total rentat payments thatware due between September 1. 209.0. and June 30, 2021, and that were demanded In the termination notices tor which dare ndant deilvered the declarations described in (a). (Qade 0w. Prom. § 11?9.03(g)(2}.} (‘1) [:2] Defendant la currenfly 1mm} or has aiready flied a devlaration of GOV!EM Q-relatad financial dtetress with the court. ' (Cutie le. Pros" § 1 179.03(h].) I n. i‘ 13:} (For oases mac} befqre duly 1, 2021) Plaintiffs demand for possession of a realdenfial tenancy {a based on a reason other ' than nonpaymani 9f rant or other financial obligallons, and plaintiff Iaoks Just cause for termlnallon ofthe tenancy, as defined In CM! que seouqn 1946.2(b) or code of Owl} Proofidure aeolian 1179.03.5(3)(3)(A). o. [:2] Plalniiff violated the QOVtD-w Tenant Relief Ant (coda le. From. § 1179.01 at seq.) or a local 00le~19 ' wrelatefi ordlnange tagarding evictions In aqms oihar Way (briefly state fame describing {Ills In h‘em 3t). p. _ Defendant provldeqplgintlfi with a declarauon under penaity ofperjury for the Centers for Diwaae Control and ’ Preventlvn'a Iamparary halt m evieflonsto prevent deherspread of COVID-19 (85 Federal Register 55292 at 66297). and glalntlrrajrdeaéon forfiermlnatltpn of the tenaney Is one that the temporary hall in evictions; appllea to. (Describe When and owprov ‘e ;' ' ‘ q. [:1 Plaintiff violated the {e‘daral OARES Act, because the property is aovared by {hat ant and (check eff that apply): (1) D Th3 faderaily backed mortgage on the property Was 1n forbearance thn plaintiff broughtthe action. (15 U.8.0. 5905?.) (2) [:1 The piaintiff did not give the requlrad 3C1 davs‘ notice. {15 LLB. G. § 9058(0).) i'. C3 Plaintflf Improperiy appilad payments made by defendant in a tenancy that wag In existence between March 1. 2020. and ' June 30. 2021. as foltows (ohgak er} ma! appiy): (1) [2:1 Plaintiff appzled a security deposit to rent due without tenant's written agreament. (2) [:1 Between March {L 2920. and June 30, 2021. pram“?! applied a monthly rental payment {o SOVIB-w-relatad dabt other than to tag prqapeotiva month’s rent. without tenant's: written agreement. 3.. m Othardefenses and oblaollona am stated In Item 3L um'onlmsmm mi: ' 9'3 AMENDEb' ANSwER-UNLAWFUL DETAIN'ER 175mm W196 GAS! NIJMBER: 210V361288 ti (Provide feats for eaoh (rem checked aims, olfher bofow or, meom room needed, on form £40025): Descripiion of {antspr defenses are on form MC-DZS, Iltled as Attachment 3t. The above-enlilled .aoilon seeks to evict Leonard Schoenborn from a prupedy that he partially owns. Qn Apr“ 11. 1 99,1. the pmpeny at issue herein was transferred to the Schoenbom Fa mlty Living Trust by Leonard Schoenbom's parents . Through a series of suqoassor trusts. the pmperty at issue harem ended up in the Famlly Bypass Trust. By the {arms of the Family Bypass Trust, Upon the death 0f Leonard Schoenborn‘s lam suwivlng parent. lhe asuets ofthe Trusl belong to the parents' thenv Ewing descendants. by rig'ht cit representation. In accordan oe wllh snowman by right of representation. Leonard Schoenbom and hie twa living brothara each hotd a “IIS Interest In the property at Issue herein. By default. this ownership is as tenan {94n- common. and thus. Leonard Schoenborn has a Iegai nah: to occupy the property. Additiqnal Facts Provided In'Altaohment 3t 4. QTHER'STATEMENTS a. b. 0; c] Defendant vaqatacl {he premtsaa on (date): [3:] The fair rental vatua of the premises alleged In Ihe oomplalnt la exgassive (explain baiow or, lfmore mom needed. on form MQOfi): Explanation is an {mm M0025. titled as Attachmentdb. .eonard schoenbom £3 Informed and believes that fair remai vaiue {or the premises ls approximaleiy $2.500 per month or $33. per day" Ptalnliff claims rental vaiue of $180 per day. which ls doubie the fair market vaiua rent. m Other (specify below 05 i!more room needed, on form M0026): [:j Other statements are on {01m MC-025, tilled as Attachment 40. 5. DEFENDANT REQUESTQ‘ a. D" 99 that plaanmnaka nothing requasted In the complaint. coats Incurred In [his proceeding. reasonabte a_liomey {539. C] {hat plainittf b9 ordered to {1) make repairs and correct the condlllons that commute a breach of the warranty to provide habitabie premises and (2) reduce the monthly rent to a reasonabfe rental Vaiue until the conditions are corrected. C] Other (specify be'low' oron form M04325): [:3 All other requests are stated on fqrm M0025. titled aa Attachment 59. 6. Numberofpagas attached: 1 umosmwmmmu AMEMEDWinswsau-UNLQWFUL‘DETAINER Paw A fl E _._ 1.1.3496 mjavfiuuaém ' I f 21$V33128fl UNEAWFUL DETAINER AfiSlSTANHBuG. 6; Prof. Coda. 5% MUOv-GM 5) 7'. (Mumba- oampteiao'm all aases.) An unlawful datalnel'asaiamnfi [3:] did mt EC] did 'lnr chmpans allots awe advice or assaulanae with lhls rum. (ifdarandant has reamed anybaip or advice rorpaymom an miawfwdm‘amar aswarafit. 5mm): a. Aaaiai'ant's Hams: b. Telephona number: o. Street addraas, city, and zip coda: d. county of registration: 9‘ Registration number; f, Expiration data: {Each defendantfar whom {hrs amwer Is mad musrbe namedm Ham 1 andmus! sign this war unless défer‘rdam‘s afiarnéy signs.) A 0hr! ffa on‘ -' "'zrvm‘fi“"npmr4'r”sflw‘. i 'WWp 15W“"""“"“_"‘ "' (atawaaflierammonmoafiy' VERIMGATION (Use a 4mm}?! verificafion farm Irma vexfiioatfon (a by em attornuy or for a cameraman orpaflnemhipJ I am 1m defandant Emma pwwadlng and have mad 1mg answer. 1 deolara under panafly ofparjmunder ma laws oftha mate of Oaiffomia that ma faragalng la lrua and oormct. . Date: mm Leonard SQhaenbpm __ I _ fl __ um" ' "w" " tmaonpmflmwa i i ugfiagvfiaxlmww.mtj AMENDED ANfiWE-RQUINLAWFUL Q&TNNER. I Imanma' ma aroma c919 301MB X36134 LLSB-vasuage mm tagagwflfi M9935m.fi- SHORT TITLE:m Sohoenbom v. Schoanbom C&SH NUMBER: 21CV381283 ATTACHMENT (Number): 3t (This Altachmsntmny be used with any Judicial Council form.) Leonard Sohoonbom holds a a present interest in the property as abenefioiary ofthe Sohaenborn Family Living Trust, the Plainti ff, as Trustee of said Tmst, holds the property in a constructive trust for tho banefit 9f Leonard Schoenbom Accordingly, Plaintiff cannntremove Leonard Sohoonbom from thc pmperty. Next, Leonard Sohoenbm‘n was never a tenant ofthe property. Leonard. Sohoanbom was never party to a rental agreement, nor does he have any rentpayment obligation to Plaintiff. Without a 16am agreement, an unhwfm detajncr actian is prooedurafly inappropriato‘ Rather, as noted above, Leonard Sohoenbom holds a rightto occupy 11m properly as an owner of the property. Therefore, the present unlawful dataipm' action capnotbe used to mmqve Leonard Sohoenbom from the p1'0perty. (Ifme Item that this Attachmant concerns is made underpenauy ofpedunr, 8!! statements m this u-wPage 1W ot 1 Aitaohment are made under penalty ofpedwy.) {Addpages as required} roan mofiact'rum mu s'o ' ' ' ' ‘ ' ‘ ATTAcHMEN-f ' ' 'vmwmmlammv i‘ifi‘éfi‘ifigfiéfigfi todudlcla! Oouncii Form xo-ooxzoxmpmmh-x 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE My business address is 265 East River Park Circle, Suite 310, Post Offiqe Box 28340, Fresno, California 93729. 1am employed in Fresno County, California. I am over the age of 18 years and am not a party to this casa. On the date indicated below, I served the foregoing document(s) described as AMENDED ANSWER ~- UNLAWFUL DETAINER on all interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addrgssed as follows: Harry 1. Price Prics Law Firm 40 Main Street L93 Altos, CA 94022 P11: (650) 949-0340 Fax: (650) 949~0844 E-mail: harrngl y 1-‘ic_eslaw.com r X (BY MAIL) I am readily familiar with the bus iness’ practice for collection and prgcessing of correspondence for mailing, and that conespondencs, wi th postage thereon fully prepaid, will be deposited with the United Stat es Postal Service on ._ the date noted below in the ordinary oeurse of busin ess, at Fresno, California. (BY FACSIMILE) I caused such document(s) to be transmitt ed t0 the addressee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported a3 complete and without error. (BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be scanned into pdf format and sent via eIectronio ma il to the electronic mail address(es) of the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-z'efel'gzlced cnvelape(s ) to b'e delivered to an overnight courier service for delivery t0 the addressee( s). X (STATE) I declare under penalty of perjury under the laws 0f the State 0f Califqrnia that the foregoing is true and correct. Executed gm June 8, 2021, at Fresno, California. {svszxoozzmzéawangcx} OWWQO‘xM-fi-mwa-I NMMNNNNMNHHwa-na-tML-nb-Ia-p-a oodmm-bwwy-towooqosLanNH WANGER JONES HELSLEY PC 265 E. River Park Circle, Suite 310 Fresno, California 93720 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 Jay A. Christofferson #203878 ichristoflersonfilwihattomevs. com Giulio A. Sanchez #3 17329 gsanchezfilwihartomevs.com Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/1 3/2021 11:53 AM Reviewed By: R. Tien Case #21 CV381 288 Envelope: 6835081 Attorneys for: Defendant LEONARD SCHOENBORN SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, as Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991, Plaintiff, V . LEONARD SCHOENBORN, Defendant. A {3752;00210123851ODOCX} Case No. 21CV381288 DECLARATION OF LEONARD SCHOENBORN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT DECLARATION OF LEONARD SCHOENBORN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT \DOO‘qmth-b-LUMH M NMMM n-‘n-umr-IHMI-ap-aw mfi.§xat§uw~o$mqmmgwmma I, Leonard Schncnborn, d0 hereby declare and state as follows: 1. I' am over eighteen (18) years of age. and a pmty to the above~e11titled lawsuit. Except: where intimated, I have personal knowledgb 01" the facts submitted in this declaration, and if called as a witness, I could and wuuld testify campetently t0 the same. I make this Decimation in support ofDefendants’ Motion for Summaxy Judgment. 2. Iam tha son ofHarold and Nancy Schoenbom. I am one oftheir three children. Their other children are my brofliers James Schwnbnm and Scott Schnenborn. 3. My mother, Nancy Schcwbom, died in 2012. 4. My father, Harold Schusnbbm, died in 2019. 5. I have lived at 1453 Wessex Avenue, Les Altos, CA 94024 fiom January of 2000 to the present I never had a lease with the Schoenbom Family Living Trust for my occupancy of this property, and I never paid rent to anyone for my occupancy ofthis property. 6. I have maintained and performed repairs 0n the 1453 Wessex Avmme home during the entire time I Save resided a1; the property. I declare under penalty 0f[3&1ij Under the laws ofthc State of California that the foregoing is OI‘I’I {8752W0123351wocm 3 DECLARATIONOF LEONARD SCHOENBORN PMCE LAW FIRM 8 Q / 10 11 12 13 14 15 16i 17| 18| 19| 20| 21 -)-> 23| 241 25| 26| 271 Harry I. Price, Esq. (SBN 77817) PRICE LAW FIRM 40 Main Street Los Altos. CA 94022 Phone:(650) 949-0840 Fax:(650)949-0844 Attorneys for Plaintiff. James Schoenbom. Successor Trustee of the Schoenborn Family Living Trust dated April 11. 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN. SUCCESSOR TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST DATED APRIL 11. 1991. Plaintiff. V. . EONARD SCHOENBORN. Defendant. Case No. : 21CV381288 PLAINTIFF JAMES SCHOENBORN, SUCCESSOR TRUSTEE'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OBJECTIONS TO and OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Date: to be set Time: to be set Department: 4 TRIAL DATE (following Defendant's requested continuance): July 22, 2021 Plaintiff JAMES SCHOENBORN. Successor Trustee of the Schoenborn Family Living Trust dated April 11. 1991 ("Plaintiff) submits the following points and authorities in support of his objections/opposition to Defendant LEONARD SCHOENBORNs ("Defendant") motion for summary judgment. I. CONTEXT Plaintiff is the owner of real property occupied by Defendant. Defendant is one of three brothers, and a beneficiary of the trust that owns the property. In fact. Defendant's own Separate 1 PLAINTIFF'S OBJECTIONS/OPPOSTnON TO MOTION TO FOR SJ - MPA James Schoenborn. Successor Trustee v. Schnenborn. Case No. 21CV381288 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 11:20 AM Reviewed By: R. Tien Case #21CV381288 Envelope: 6873753 10 11 PRICE LAW FIRM 14 15 16 17 18 19 20 21 ^^ 23 24| 25| 26| -71 Statement acknowledges Plaintiffs rights, as trustee of that trust, to seek occupancy in order to sell the real property and distribute net proceeds so as to maximize value as to all of the beneficiaries. As acknowledged by Defendant in paragraphs 13 and 14 of his own Separate Statement tiled in support of his motion for summary judgment: 13. Upon Harold Schoenbom's death the assets of the Family Bypass Trust were to be distributed to the remaining beneficiaries of the Family Bypass Trust. 14. Upon Harold Schoenborn's death, the remaining beneficiaries of the Family Bypass Trust were James Schoenbom, Leonard Schoenborn, and Scott Schoenborn. [emphasis added] It is obvious that one beneficiary of a minority (1/3) interest in all "assets. " where no particular asset has been assigned in that trust to that beneficiary, cannot dictate to the Trustee who seeks to sell the assets in order to maximize value for all beneficiaries. Defendant is not an "owner;" he is only one of three brothers/beneficiaries. See declaration of Harry I. Price, including the request for judicial notice as to the two documents that impact record title: The Deed for the subject property (1453 Wessex Avenue. Los Altos. CA 94024), recorded in 1991; and the Affidavit of Death of Trustee and notice of Successor Tmstee, recorded in 2021. Plaintiff is that Successor Trustee. As previously stated in the undersigned's email to counsel for Defendant. Exhibit "E" to the Giulio Sanchez declaration filed in support of Defendant's prior motion for a continuance of the trial date, the issues are simple and straightforward. The undersigned had filed papers indicating no objection to a short continuance: of course, that was NOT for the purpose of providing Defendant with more time to prepare an untimely motion for summary judgment. II. ARGUMENT AND GENERAL OBJECTIONS A. Untimely: Paltry Declaration by Party Pursuant to Statute. Service is Untimely: On Wednesday. July 14, 2021, with no prior notice. the undersigned wash issued an email with a link to the electronic version of the Motion for Summary Judgment. This. of course, followed the prior motion to continue the trial date in what is designed to be an expedited unlawful detainer procedure. Had the trial date not been continued, the motion would PLAINTIFF'S OBJECTIONS/OPPOSmON TO MOTION TO FOR S.I - MPA James Schoenborn. Successor Trustee v. Schoenhorn. Case No. 21CV381288 PRICE LAW FIRM 10 11 12 131 14| 15| 16| 17| 18| 19| 20| 21 ^^ 23 [ 24| 25| 26| _7| be automatically untimely, as after the original trial date of-Iuly 8. 2021. Not stating the intention to have more time to file such a motion for summary judgment. either to the court or the undersigned, is improper. It is not as if'there are any "new facts" that were discovered after July 8, 2021. It is unknown what date the motion for summary judgment was actually filed with the coun. Service of the motion was also untimely. The statute provides, Code of Civil Procedure §1170.7. that only five days' notice is required. However, it must be filed pursuant to CCP §1010.6, which addresses electronic service, stating that any electronic service extends the required time for response to said service by two coun days (CCP § 1010.6(a)(2)(B)(4)(B). Consequently, the motion i; deemed served the day before the scheduled trial of July 22. 2021, providing no time for evidentiary response except on the day of trial itself- which is not the objective of a motion for summary judgment. Given that, the trial itself is to be short; another reason to deny the motion. What is not stated speaks volumes: There is no copy of the recorded instruments impacting title provided by the Request for Judicial Notice in support of the motion. See declaration of Harry I. Price, which attaches the two documents that impact record title: The Deed for the subject property (1453 Wessex Avenue, Los Altos. CA 94024). recorded in 1991; and the Affidavit of Death of Tmstee and notice of Successor Trustee, recorded in 2021. Plaintiff is that Successor Trustee. There is only the briefest of declarations of the Defendant Leonard Schoenbom - which basically states: "1 do not have a lease; I never paid any money for occupancy; and 1 made repairs." The motion is a repeat of the argument and contentions, not facts, contained in the original motion to continue. Even attaching an unverified Petition filed in the Probate Coun of this Superior Court (R.FN Ex. 2) is nothing more than a set of contentions. Defendant has not sought any extraordinary relief from the Probate Court; the first coun hearing on that matter is not set until December 2. 2021. and Defendant is not entitled to a free injunction. // // PLAINTIFF'S OB.IECTIONS/OPPOSIT10N TO MOTION TO FOR SJ - MPA James Schoenhorn. Siiccessor Trustee v. Schoenhorn. Case No. 2lC\/'38l288 PRICE LAW FIRM / 8 9 10 11 12 13 14| 15| 16| 17| 18| 19| 20| 21| ~n 231 24 [ 25| 26| 271 B. The Summary Proceeding of Unlawful Detainer has No Res Jiidicata Impact On Title Determination; Here. the Trustee of the Deceased Parent's Trust Holds Title. and Seeks Possession so as to Market and Sell the Property for the Benefit of ALL of the Beneficiaries. Not Just The One Occupant Defendant has only provided unsubstantiated contentions regarding title - and even includes disputed ''contentions" by both parties - in the purported Separate Statement in suppon ofthe motion for summary judgment. What is missing, of course, from the Separate Statement: a copy of the current vesting deed for title to the real property. A copy of that deed is attached to the declaration, filed herewith, by the undersigned. What is not complex: (1) a hold-over occupant is subject to eviction. If Defendant's contention were true (no written lease means no eviction is possible), that would hamstring many landlords with holdover occupants. The case is more akin to an eviction following foreclosure. In this case. the occupant was in possession with no wrinen occupancy, by permission of a parent. prior to the death of a parent; (2) Furtheimore, the claim that "Defendant is not paying means the eviction proceedings are inapplicable" is also wrong: but more importantly, it completely undermines Defendants' own prior contention (in his prior motion to continue the trial date) that the eviction moratorium caused by the pandemic applies - as Defendant is not claiming financial distress prevents him from paying... because he does not seek to "pay" to remain in possession; and (3) Strategically, to make the case appear complex. Defendant's counsel in his prior motion to continue attached voluminous discovery (which was timely replied to by Plaintiff) to the declaration of one counsel without any reference to the substantive content therein (as if the Court was inclined to read 70 pages of materials to find any support for Defendant's contentions). Now. for this motion, they have trimmed that down to only 29 pages of discovery records... and, in an ironic Separate Statement. ' sets forth numerous legal contentions and claims, rather than "facts" - all of which acknowledge disputed contentions and claims arising out of the simplistic facts of this Or an example of extreme "chutzpah. " Leo Rosten in "The Joys of Yiddish" defines chutzpah as "gall. brazen nerve, effrontery. incredible 'guts. ' presumption plus arrogance such as no other word and no other language can do justice to." PLAINTIFF'S OBJECTIONS/OPPOSITION TO MOTION TO FOR SJ - MPA . lames Schoenborn. Successor Trustee v. Schoenborn. Case No. 21CV381288 PRICE LAW FIRM 7 8 9| 10| 11 12| 131 14| 15| 16| 17| 18| 19| 20| 21 T> 231 24| 25| 26| 271 case: the last parent died: one of the several children was residing there at the time without any written agreement or authorization to remain; and the Trustee - one of his brothers - seeks possession in order to sell the property so as to provide funds to all of the beneficiaries. No legal authority exists that would entitle one beneficiary to frustrate the rights of the owner of record. Plaintiff as the Trustee of the trust. C. No Prejudice. Especially to a Holdover Occupant Who's Prior Counsel Assured Would Vacate More appropriate for trial, since the claimed purported "ownership" issue was not raised by demurrer, it is important to recognize that a determination of rights to occupancy in an unlawful detainer trial has limited resjudicala impact as far as a title is concerned. Ayala v. Dawson (2017) 13 Cal. App. 5th 1319. 220Cal. Rptr. 3d91?. When an unlawful detainer court makes a detemiination based upon the title of record - in this case, title is held by the trust, which is managed by Plaintiff as trustee - it will not operate as a bar to a later court's analysis. Plaintiff has directly suggested that the relief that Defendant seeks should more appropriately be sought in the Probatge Court action that he has initiated. However, in a case of "be careful what you wish for. " if Defendant seeks to try title issues in the unlawful detainer action, he could later be barred from relitigating the issue (in Ayala, supra, the Unlawful Detainer court held a one-and-one-half day evidentiary hearing: hence, collateral estoppel applied). As stated mAyala. at 1327: As a general matter in such cases, collateral estoppel will only apply if the party to be bound agreed expressly or impliedly to submit an issue to prior adjudication (see Vandenherg. supra. 21 Ca].4th at p. 835) and had a full and fair opportunity to litigate (see Rohrbasser, supra. 179 Cal. App. 3d at p. 300) under circumstances affording due process protections (see Basurto, supra. 211 CaI. App. 4th at p. 878). Of course, the real party prejudiced by delay is Plaintiff. That is compounded by the fact that this is Defendant's third set of counsel, and his prior counsel (first of three) provided assurances on Defendant's behalf that Defendant would vacate. (See Harry I. Price declaration. submitted herewith). Defendant only has a right to a financial share of the trust, but now faces an offset of his financial share based upon his occupancy and legal maneuvering. PLAINTIFF'S OBJECTIONS/OPPOSITION TO MOTION TO FOR S.I - MPA James Schoenhorn. Successor Trustee v. Schoeitbiirn. Case No. 21CV381288 PMCE LAW FIRM 8 9 10| 11 12| 1^1 14| 15| 161 171 18| 19| 20| 21 I'? 231 241 25| 26| 271 D. The Trial Hearing Itself Should be Brief The undersigned suggests that if the only issue raised by Defendant is the claimed inability of the Trustee of the Trust that owns the property to obtain a judgment for possession as against thi occupant of the property, then the trial should be very short. Judgment for possession should be entered thereon; and Defendant will continue to have the ability to seek extraordinary relief from the Probate Court. III. CONCLUSION The motion for summary judgment is without merit, and should be summarily denied. Dated: July 19, 202 1 Respectfully submitted. PRICE LAW FIRM By:. I. Price. Esq7 Attorneys for Plaintiff. James Schoenborn. Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991 PLAINTIFF'S OB.IECTIONS/OPPOSIT10N TO MOTION TO FOR S.I - MPA James Schoenhorn. Successor Trustee v. Schoenborn. Case No. 21CV381288 ffiH ILAWFIRMI 10 11 12 1.3 14 15 16 17 18 19 201 21 221 23| 24| 251 26| _7| Harry I. Price, Esq. (SBN 77817) PRICE LAW FIRM 40 Main Street Los Altos, CA 94022 Phone: (650) 949-0840 Fax: (650) 949-0844 Attorneys for Plaintiff, James Schoenborn, Successor Trustee of the Schoenbom Family Living Trust dated April 11, 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, SUCCESSOR TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST DATED APRIL 11, 1991, Plaintiff, V. LEONARD SCHOENBORN, Defendant. Case No. : 21CV381288 DECLARATION OF HARRY I. PRICE IN IN SUPPORT OF OBJECTIONS TO and OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; and REQUEST FOR JUDICIAL NOTICE Date: to be set Time: to be set Department: 4 TRIAL DATE (following Defendant's requested continuance): July 22, 2021 I, Harry I. Price, declare as follows: 1. I am the attorney for Plaintiff JAMES SCHOENBORN, Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991 ("Plaintiff). I make this declaration on his behalf in the above-entitled action. 2. I am duly licensed to practice in the State of California, and I am familiar with the facts stated herein and if called as a witness I could testify competently thereto. Where opinions are stated herein, concerning anticipated pre-trial preparation and trial of the disputed action(s), they are based upon my experience as an attorney at law, licensed since December, 1977, having 1 PLAINTIFF'S OBJECTIONS/OPPOSITION TO MOTION FOR SJ - Price Declaration James Schoenborn, Successor Trustee v. Schoenborn. Case No. 21CV381288 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 11:20 AM Reviewed By: R. Tien Case #21CV381288 Envelope: 6873753 [PRIC^ ILAWFIRMI 4| 5| 6| 7| 8| 9| 10| Ill 12| 13| 14| 15| 161 I7| 18| 191 201 21| 221 23| 24| 25| 26| -71 practiced in real estate litigation in Santa Clara County with my office based in Santa Clara County at all times since beginning the practice of law. 3. Upon receiving notification of the request to continue the trial, I immediately replied to counsel for Defendant LEONARD SCHOENBORN ("Defendant"), as set forth in my email to counsel for Defendant, Exhibit E to the Giulio Sanchez declaration in support of his prior motion to continue the trial. I readily agreed to a short continuance to accommodate the schedule of counsel. I also stated I would object to any long continuance. 4. I thereafter submitted a declaration, providing available future dates for trial in August. The reason for that: I also directly advised counsel for Defendant that any extraordinary relief that he wanted to seek on behalf of his client was more appropriately a motion to be filed in the Probate Court action that Defendant had himself initiated. 5. I was never advised, prior to July 14, 2021, that Defendant would seek to file a motion for summary judgment. That is information that should have been told to both the court and the undersigned. (In my opinion, not to do so was inappropriate.) 6. Prior to the involvement of Defendant's current counsel, there were two prior different attorneys employed by Defendant over the past two years, James M. Barrett and Dixon Howell. Mr. Jay A. Christofferson is his third set of counsel. 7. Mr. Barrett, the first counsel, sought financial records. After his review, he agreed, in writing, that Defendant would vacate by March 31, 2020 - over one year ago. See three (3) emails from James M. Barrett directed to Plaintiffs counsel Roger Lyon, during February, 2020, a copy of which emails are collectively attached hereto as Exhibit "A. " It was not merely the pandemic that delayed Defendant's move out; after having previously agreed to vacate, Defendant then later recanted through his second and now third attorney. 8. Defendant has only provided unsubstantiated contentions - and even includes disputed "contentions" by both parties in the purported Separate Statement in support of the motion for summary judgment. For the court's information, Plaintiff contends that it is wrong for Defendant to try to live for free in the premises, as that represents a wrongful taking of a Trust PLAINTIFF'S OBJECTIONS/OPPOSITION TO MOTION FOR SJ - Price Declaration James Schoenborn, Siiccessor Trustee v. Schoenborn, Case No. 21CV381288 [PRp ILAWFIRM / 8| 9| 10| Ill 12| 131 14| 15| 16| 17| 18| 19| 201 21| 221 23| 241 25| 26| -71 asset without consideration, either financial consideration to the Trust or personal consideration of the other beneficiaries of the Trust. 9. What is missing, of course, from the Defendant's Separate Statement as well as from Defendant's Request for Judicial Notice in support of the motion: a copy of the vesting deed for title to the real property. Request is hereby made that the court take Judicial Notice of the two documents that impact record title, which are as follows: (a) The Deed for the subject property (1453 Wessex Avenue, Los Altos, CA 94024), recorded in the Official Records of the Santa Clara County Recorder's Office on June 10, 1991, at Book L743, Page 1414, Document number 10931322, a copy of which is attached hereto as Exhibit "B"; and (b) the Affidavit of Death of Trustee and notice of Successor Tmstee, recorded in the Official Records of the Santa Clara County Recorder's Office on March 2, 2021, at Document number 24855049, a copy of which is attached hereto as Exhibit "C''. Plaintiff is the Successor Trustee named therein. 10. At the trial of this matter, I wish to submit such oral testimony of my client as the court shall allow, both in opposition to the motion for summary judgment, and for purposes of trial. It shall be brief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration was executed on July 19, 2021 at Los Altos, California. ^/ ̂ ^ ^^) . By:_ Harry I. f^-ice, Esq. PLAINTIFF'S OBJECTIONS/OFPOSITION TO MOTION FOR SJ - Price Declaration James Schoenborn, Successor Trustee v. Schoenborn, Case No. 21CV381288 EXHIBIT AHI I Len Schoenborn discoven' Page 1 of 1 Roger ^sr:^^^=^:^^^. h^^^- ;hT^mLclie^ wenVnsl reatestat_ebroker and that ' 3m sendinS o^r names later today of peoplethat are famifiar and competent with sales in Los Altos, "-r it;^s;ds^d^fo"ovtn gil)the three brothers should decide who W4^ ^-ch . terns fro. the house inaddition to anything they havei handled in an adult fashion. E^ Ithat is the personal possession, I have also stated [ch of the brothers was part of a list process for itl that this process should be ems. sol will send over the list ^e!, PIWIOU^eedw:. 2)4ntems not da^^bythebrothl ers^d'b^vbiu ated fo^'^^^^f'^re ^^Z^e^^^la nd^ned w^^e estate. 3)anyp^ses^n ^:;Zed ^I s.olcl.?ouid_b-ecfon.atedifit hasl some worth to a goodwin etc. 4) the remainder should~'beVhrown'ou't'da'ndTheur house completely cleared. I will send what the brothers initially agreed to later today.' L!n-wi"notronduct thi, s on hls!own'just a general attent'°" to the various hous&hold items. Whichever, estate agent retained should vi^it the home and make determination for their venders to make the'a'Dom'nr^ ^prcvemen_ts. tc"n",ease the. 9aie value-The brother scott is not licensed and a5 such should~not~'beTse7 "'Each real estate agent will have theiri own people to make their own improvements to improve the'ho"me:s 7alu 'e. l., h!ved.irectedmy_clienttoimlte diately find a Place to "ve but he should begonle no later than by March 31. If he finds a place earlier he will leav^. ~ ---. -. -.. -r ... ". ^.. ̂ ^.. niYour client should absolutely nd apprehension for coming to the home if he chooses to. Just provide a lit notice. Thank you ' Best Regards, James M. Barrett Law Offic e of James M. Barrett PLC 5150 El Camino Real D-22 Los Altos CA 94022 P 650-969-3687 F 650-969-3699 https://webmail. spectrum, net/mail ^ '^^ /-^ non Schoenbom Trust Roger Page 1 of: s:isassK=gx=ii5:;:'1' Siss^^^^^^^^^^^^^sr;^h°-wl"'bc;3sk l:'[^on^Mds'^ Best Regards. James M. Barren , Law Offic e of James M. Barren PLC 5150EICamino Real D-22 ' Los Altos CA 94022 ' P 650-969-36R7 : F 650-969-3699 https://webmail.spectrum. net/ilnail Some Phone Tag Issues Page 1 of Roger SSH3'^!^^^^^ss^^^^s^-Kisiiii^^^^sssssl ^s^^^z^^z!='l^:6^^^^^. iss> S?S^^IS:^S^.^^^^^^S^^5^^^^""d8h::ri^^s; ̂ ̂ ^s^^^^:^^:; ^^ ;SESPSS::m^==^^. ^;^^, '^^r^Si^^^:^S=SSS^S^ M^'J!nt. has had:fijl]access lo the i10me and its contents whi'eboth parents were alive, so. ^^;:^^^s;"l;^;:n:sri s;s^'^s;. ^ ̂ ?e strategy ca"' asked fbr to get his -g. I am ava,, able Tuesday . oming 9. 10. Ler n, e kno.that works. Best Regards, ; James M. Barren Law Offic e of James M. Barred PL.C 5150 El Camino Real D-22 Los Altos CA 94022 P 650-969-3687 F 650-969-3699 if https://we bmail. spectrum. net/rkail EXHIBIT BI ^ !-743P^£|[, t^ RECORDING REQUESTED BY Mr. and Mrs. Schoenborn WHEN RECORDED MAIL TO: Mr. and Mrs. Schoenborn 1453 Wessex Avenue Los Altos, California 94024 REC FEE RMF M3CRO UEM SMPF 1_ POOR ^_ ^ T ^ \^ ^ 10931322 FlLf-. O FOK KfcUORO ^' . ^QDES-'-OF \ ^ ^JJ If i?*u!9! Mail tax statements to Mr. and Mrs. Schoenborn 1453 Wessex Avenue Los Altos, California 94024 SPACE ABOVE THIS LINE .-6!9R. i.§^gi!^{^VS USE Dociunentary fflKi&r^^s^T'ax: N/A ^, w. t^£&^R QUITCLAIM DEED . This 3:s a Trust Transfer excluded under Section 62 of the California Revenue and Taxation Code. The Qultclalm^Deed_ls. to . transfer . title of the'"below-descrlbe^ property_from. HU_sband and wife to the revocable trust'known' SCHOENBORN FAMILY LIVING"TRUST, ~Husband"and"Wifet 'arTrSs^^sas weL.. HAROLD FRANCIS SCHOENBORN and NANCY LIANE SCHOENBORN, Husband. and wlfe' reniise» release, and quitclaim-to"HAROLDN 'F;R^TR SCT^NB2RNJ^fNANC^LI^E^CH^NBOSN U ^^^ SSd^Si^SS L4jK // ___ 19 ^ I ^gh^ tlt 3:e^. _and interest ln the. real Property iTEuated in the county ^LS ar!ta_clara^state_of"californ^a^^c^ib^dt'^T'Si^w^n< SEE EXHIBIT "A" ATACHED HERETO AND MADE A PART HEREOF^"""" ixecuted 4^i- !^^\/7A^^ ^i^^-f- -' f&ROLD FlfeN CIS SCHOENBORN (^AAJ II California. 19^, at (a. ^ALL. ^yw0^ ^'h/t1'^l^yyl- NANCY p;IANE SCHOEN'BQRN" STATE OF CALIFORNIA COUNTY OF ^^ ^^^ ) ) ss. ) ^ day ofOn this before me^ the undersigned, a Notary of . ^AA^ ^f^e-o . State ^l) itelic 19'^, i" and for the County of California, duly appeared HAROLD FRANCIScommissioned and sworn,SBOR';'aMfN"'£SMLg!H^^. is;:^^ SDt° ^?^ pf^ed^ to. _me on_the basis of satisfactory evidenceT'to" b^ persons ^whose names are subscribed to' this acknowledged that the^executed~it:"'wiTNESS ^yaha;dls^Ine2^ic?^ Signature /}Vf^^ > , /A/^^A=_ / MAIL TAX STATEMENTS AS DIRECTED ABOVE omciAL s&sT . MARYL'URBACH Notary PuMc-CaB^rta . SAN;MATEO OOUwT MyCommlalon ^.ptomber 4. 1^ 743PS6£|^^5 EMHIBIT A ^_9F-^_?^ As SHOWN UPON THAT CERTAIN MAP ENTITLED "TRACT 1891"-CARRIAGE SQUARE UNIT NO. 2, WHICH MAP WAS FILED'FOR' IN THE-OFFICE OF THE RECORDER OF THE COUNTY OF SANTA'CLARA* OF CALIFORNIA, ON SEPTEMBER 18, 1958 IN BOOK 97 OF~MAPS', "*PAGE^9J EXCEPTING THEREFROM THE UNDERGROUND WATER AS GRANTED IN FROM-TROJAN CONSTRUCTION COMPANY, TO CALIFORNIA WATER' COMPANY^ A CALIFORNIA CORPORATION, DATED OCTOBER 3l7-'1958 RECORDED NOVEMBER 6, 1958 IN BOOK'4222-OFFIciA L"RECORDSrP rGE . EXHIBIT CI RECORDING REQUESTED BY: JAMES D. SCHOENBORN AND WHEN RECORDED MAIL TO: JAMES D. SCHOENBORN 10430 Canyon Oak Circle Sandy, UT 84092 24855049 ^e,91.na, ?-ICO'I1e"dras s^nl cla:a"co°unTyras clerk-R-°^er 03/02/2021 01:04 pn Titl": 1 pag^.. 3 Fees: $106. 00 Jaxes: $0' S106. 00 »P^ww,'MMmim\w, witu,. Space above for Recorder AFFIDAVIT OF DEATH OF TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST Dated April 11, 1991 JAMES D. SCHOENBORN, of legal age, being first duly sworn, deposes and says: That HAROLD FRANCIS SCHOENBORN executed a Trust Agreement on April 11, 1991, of which he was the Grantor, Trustor, Settlor, Trustee and Beneficiary. ' The title of the Trust was: HAROLD FRANCIS SCHOENBORN, Trustee of the SCHOENBORN FAMILY LIVING TRUST dated April 11, 1991 (hereafter "the Trust") . The Trust provides that in the event of the death of HAROLD FRANCIS SCHOENBORN, then JAMES D. SCHOENBORN shall serve as successor Trustee. HAROLD FRANCIS SCHOENBORN died on November 14, 2019. Said Trustee is the same person as "HAROLD FRANCIS SCKOENBORN", who is -the decedent named in the certified copy of the "Certificate of Death", which is attached hereto and incorporated herein by reference. JAMES D. SCHOENBORN does hereby accept the trusteeship of the Trust effective November 14, 2019. The Trust holds title to the following described real property in the County of Santa Clara, State of California: Lot 46, as shown upon that certain -T. ap entitled "Tract 1895" Carriage Square Unit No. 2, which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on September 18, 1958, in Book 97 of Maps, Page 29. Commonly known as: 1453 Wessex Avenue, Los Altos, CA 94024 APN: 197-14-019 Title to the Trust assets shall henceforth be vested as follows: JAMES D. SCHOENBORN, Trustee of the SCHOENBORN FAMILY LIVING TRUST dated April 11, 1991. DATED: /'e.bn<_Ar\/ T Z-OCL/ . -l^i -4JAa3 »t?am s'". Qwa- D- MJ6UN. OCttWIttt" ^» rf ̂ » - rf fc CO IC» t*t WTN? AIRLINE PILOT , B* 11/14B019 0230 ** oannfn-a - i»u^ CAUCASIAN 11 we t» ana»a en murw »». pmn .B«, no < TRANSPORTATION i»w^oea»wnc»i 44 LOS ALTOS SANTA CLARA JAMES SCHOENBORN, SON WILUAM m. w^scfudj^wwvt- MARY aoCTucmofll 11Q4001B . W024 57 CA r(555'?3"«K?^re'AR-£7RETE'?CTb'?:5TT43g7 ANBBLi ALBERT ANKW Auwwmhwa SCHOENBORN lfSH ff*UtfTB>m»N .<»m*i-»icr» <»< s' aBCTD? EMBSaiS o wn 1K15B019 i n onoi nwn icanni. »icr* 0» a- D-S2.~DS-Dn- » DYSPHAGIA la-CffT . MOUNTAIN VIEW iDYS .TACHY-BRADY SYNDROME >..» :VRS_ ^rcn D^ D~ \£" D" B- D'" a- 'MW BU . ovainiDnnin«naunma 10/140019 111/1W019 in Bn»w8ATfA CHELAMKURI MJ},- a-" D«D- iU>, U.r ^S9RS!S^5 '9^SS^i^WS'l'WWl l»^ fsvw^ OOH-JQU’I-b- H 0&0 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 21 CV381288 Santa Clara - Civil WANGER JONES HELSLEY PC Electronically Filed 265 E. River Park Clyde, Smte 310 by Superior Court of CA,Fresno, California 93 720 Telephone: (559) 233-4800 Facsimile: (559) 2339330 County of Santa Clara, on 7/20/2021 11:58 AM Reviewed By: A. Rodriguez Jay A. Christofferson #203878 Case #21 CV381 288 jchrisrofferson@wihattomevs. com Envelope: 6884028 Giulio A. Sanchez #3 1 7329 gsanchezfilvgihattomeys. Attorneys for: Defendant 00m LEONARD SCHOENBORN SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, as Successor Trustee Case N0. 21CV381288 0f the Schoenborn Family Living Trust dated April 11, 1991 , DEFENDANT’S MEMORANDUM 0F POINTS AND AUTHORITIES IN Plaintiff, SUPPORT OF REPLY ON THE MOTION FOR SUMMARY JUDGMENT v. Date: July 22, 2021 LEONARD SCHOENBORN, Time: 9:15 a.m. Dept: 4 Defendant. {8752/002301296326300X} DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY ON THE MOTION FOR SUMMARY JUDGMENT hm OOKJQ \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION Defendant Leonard Schoenbom (“Defendant”) hereby files this Reply in Support 0f the Motion for Summary Judgment. Plaintiff fails t0 address the case law and related legal authority provided with the motion that unless there is a landlord-tenant relationship, an unlawful detainer proceeding is improper. (Code Civ. Proc. § 1161.) Plaintiff also fails t0 address the fact an unlawful detainer proceeding is not the appropriate proceeding as it pertains t0 disputes as t0 ownership and title 0f a property. Plaintiff has 110 legal 0r factual basis t0 assert that an unlawful detainer proceeding is appropriate, as there is 110 landlord-tenant relationship between Plaintiff and Defendant, and that the issue as t0 ownership 0f the property is disputed. Plaintiffprovides no opposition t0 the Separate Statement 0fUndisputed Material Facts, thereby admitting that there are n0 disputed facts at issue. It is undisputed that Defendant was not in a landlord- tenant relationship and that he is an owner 0f the property at issue. Judgment can be entered as a matter 0f law. Thus, Defendant’s Motion for Summary Judgment should be granted. II. ARGUMENT A. Without a Landlord-Tenant Relationship, an Unlawful Detainer Action Is Inappropriate Plaintiff has no response t0 the fact that pursuant t0 Code 0f Civil Procedure § 1161, the whole purpose 0f the law 0f an unlawful detainer proceeding is t0 address issues pertaining t0 a landlord-tenant relationship. It does not extend beyond such leases. (Union Oil C0. v. Chandler (1970) 4 Cal.App.3d 716, 721; Superior Motels, Inc. v. Rim Motor Hotels, Inc. (1987) 195 Cal.App.3d 1032, 1066.) It is undisputed that there is n0 landlord-tenant relationship that is the prerequisite for filing an unlawful detainer action. (UMF Nos. 15-16, 29-30.) Indeed, there also has been no indicia 0f a quasi landlord-tenant relationship, such that the trust never charged 1101' collected rent from Defendant for his occupancy 0f the property. (UMF Nos. 17, 31.) Thus, without the necessary landlord-tenant relationship as a predicate t0 pursue an unlawful detainer action, Defendant is entitled t0 summary judgmentl. i Plaintiffhas other remedies available t0 it other than an unlawful detainer, such as an ej ectment 01' quiet title action that are not subject to the expedited unlawful detainer proceedings. {8752f002f01296826DOCX} I DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES [N SUPPORT OF REPLY ON THE MOTION FOR SUMMARY JUDGMENT oox-IQUI-D-UJN \D B. There Is N0 Disputed Fact That Title t0 the Property Is at Issue Plaintiff admits that Defendant is an owner 0f the property. Defendant asserts that ownership allows him a title interest and certainly could prevent his removal, such that he is t0 be a beneficiary of the trust which includes the real property as an asset. As there is a title issue 110W pending, an unlawful detainer is an inappropriate mechanism by which t0 remove an individual residing at a property that he owns. There is an unifiterrupted line of cases that consistently holds that a trial court errs when it proceeds with an unlawful detainer action When title is at issue. (Martin-Bragg v. Moore (2013) 219 Ca1.App.4th 367, 391; Berry v. Society 0f St. Pius X (1999) 69 Cal.App.4th 354, 364, fn. 7; Wiison v. Gentile (1992) 8 Cal.App.4th 759, 761; Mehr v. Superior Court (1983) 139 Cal.App.3d 1044, 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 1049; Asuncion v. Superior Court (1980) 108 Cal.App.3d 141, 146.) landlord-tenant dispute is not applicable for purposes 0f a determination 0f anything other than a Indeed, the very purpose 0f an unlawful detainer having a summary procedure t0 resolve a We ar'ei'prepared to hold homeowners cannot be evicted, consistent with due process guaranties, without being permitted t0 raise the affirmative defenses which ifproved would maintain their possession and ownership. (Amncionlv; Superior Court (1980) 108 Ca1.App.3d 141, 146.) Asuncién 1i. Superior Court, supra, 108 Cal.App.3d 141, 146, held that, consistent .with due process guarantees, homeowners cannot be evicted without being permitted t0 raise affirmative defenses which if proved would maintain their possession and ownership. The court suggested the use 0f certain existing procedural devices t0 facilitate accommodating an unlawful 'detainer action with a separately filed fraud action, such as a stay of the unlawful detainer proceedings until trial 0f the fraud action, 0r, in the alternatiVe, consolidation 0f the actions. (Mehr v. Superior Court (1 983) 139 Cal.App.3d 1044, 1049.) landlord-tenant relationship. We also -'-n'0te in addition t0 being limited t0 the statutory situations, unlawful détainer is intended t0 afford an expeditious remedy for obtainiflg possession 0f premises wrongfully withheld . . . while we sympathize with [Plaintiff] ’s attempt to find a neutral forum to adjudicate his claims,.the summary remedy of an unlawful detainer action was not the proper vehicle to litigate this matter. (Berry v. Socieg» ofSt. PiusX (1999) 69 Cal.App.4th 354, 364, fn. 7.) {8752l002f01296826DOCX} ‘- - ' 2 DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF _ .3 REPLY ON THE MOTION FOR SUMMARY IUDGWNT N KOODKJONU‘I-hb) 10 11 12 ' 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 It is undisputed that there was never a landlord-tenant relationship. (UMF Nos. 15-16, 29-30.) Instead, there is an expressed transfer in the trust 0fthe property to Defendant as an owner 0fthe property and t0 be included 0n title. This issue was raised as an affirmative defense in the Answer t0 the unlawful detainer Complaint. The defenses are not challenged by Plaintiff, as Plaintiffhas raised no material fact to defeat 01‘ to otherwise call into question any 0f the facts presented by Defendant in his separate statement. The law affords substantial procedural rights t0 litigants in cases involving adjudication 0f complex issues 0f legal and beneficial title t0 property. [Defendant]’s enjoyment 0f those rights was compromised by the trial court’s insistence 011 trying those complex issues using the summary procedures that are approved only for the determination 0f a landlord’s right t0 possession in straightforward unlawful detainer proceedings. The fact that [Defendant] needed time for discovery and preparation with respect t0 these (and other) issues resulted directly from the trial court’s erroneous detennination t0 adjudicate the issues regarding the parties” rights t0 beneficial title-complex issues having nothing t0 d0 With whether 0r not rent has been paid-in this unlawful detainer proceeding. (Martin~Bragg v. Moore, supra, 219 Ca1.App.4th 367, 394- 395.) Based 0n the case law and the fact that there is 110 disputed issue 0f material fact, summary judgment should be granted in Defendant’s favor. C. The Summary Judgment Motion Was Filed Timely Pursuant t0 the Code of Civil Procedure, the Motion for Summary Judgment was filed and served timely with adequate notice afforded to Plaintiff (Code of Civil Procedure § 10] 0.6; California Rules 0fCourt 3.1351(3).) Even ifthat was not the case, this Court set the hearing for July 22 itself. Therefore, any issue as it relates t0 the notice of the proceedings is not a grounds t0 deny the motion. Moreover, Plaintiff“ s assertion that Defendant somehow misled Plaintiff that it had 110 intention 0f filing summary judgment is incorrect. Defendant required the receipt of the discovery reSponses from Plaintiff and confirmation that there was n0 lease and that Defendant is an owner 0f the property before summary judgment could be appropriately filed. As such, the summary judgment motion Should be considered and granted in favor of Defendant. Summary judgment is also appropriate t0 the extent there is r10 basis t0 pursue an unlawful detainer action. Judicial resources would be best served by addressing these legal issues first t0 make a determination if a trial is necessary. {3752KBOZK01296826DOCX} 3 DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY ON THE MOTION FOR SUMMARY JUDGMENT hU-JN \DOONJQLJI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. CONCLUSION For aH the foregoing reasons and every one 0f them, Defendant requests that its Motion for Summary Judgment be granted in full and Plaintiff’s case be dis .n ssed with prejudice. Dated: July 20, 2021 WANG J0 Es HELSLEY PC By: {/1} Jay”! w-fgin‘istofferson Gi Iio éx. Sanchez A {tornefys for Defendant LEONARD SLHgfiNBORN kw)” {8752f002l01296826DOCX} 4 DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY ON THE MOTION FOR SUMMARY JUDGMENT kOOOHJQU‘l-PLDNr-A NNNNNNNNNHr-La-Amp-tp-zb-ta-Ln-tr-A OO‘HJO‘uU‘I-PWNF-‘OGOOKJQU‘I-bWNJ-‘O PROOF OF SERVICE My busineés address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93729. 1am employed in Fresno County, California. I am over the age 0f 1 8 years and am not'a party t0 this case. On the date indicated below, I served the foregoing document(s) described as DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 0F REPLY ON THE MOTION FOR SUMMARY JUDGMENT 0n all interested parties in this action as follows; Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: harry@priceslaw.com mca11trell@pri¢e$1aw.com (BY U.S. MAIL) I am readily familiar With the business’ practice for collection and processing 0f correspondence for mailing, and that correspondence, with postage thereon fully prepaid, Will be deposited with the United Statés Postal Service 011 the date noted below in the ordinary course 0f business, at Fresno, California. .(BY FACSIMILE) I caused such document(s) t0 be transmitted t0 the - addréssee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported as complete and without error. X (BY ELECTRONIC SERVICE) I caused the foregoing document(s) t0 be scanned into pdf format and sent via electronic mail t0 the electronic mail address(es) 0f the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-refereficed envelope(s) t0 be delivered t0 an overnight courier service for delivery t0 the addressee(s). X (STATE) I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n July 20, 2021, at Fresno, California. -. .« f j (“x I xfi/F’figfi‘? 12% EM‘V Kimfiefiey Dodd {i} {87SZIOUZI01266493DOCX} SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER James Schoenborn vs Leonard Schoenborn Hearing Start Time: 9:00 AM 21CV381288 Hearing Type: Trial: Unlawful Detainer Date of Hearing: 07/22/2021 Comments: Line #1 Heard By: Johnson, Erik S Location: Department 4 Courtroom Reporter: Recording Electronic Courtroom Clerk: Dong Huynh Parties Present: - Electronic Recording: 9:25 am / 10:28 am Stipulation for commissioner Johnson to act as temporary Judge is signed. Attorney, Harry Price, appears on behalf of Plaintiff. Attorney, Giulio Sanchez, appears on behalf of Defendant. Mr. Sanchez informs the Court attorney, Jay Christofferson, who handles the case is elsewhere for other obligation, and makes an oral request for continuance; Plaintiff objects to the request. Court asks Mr. Sanchez to step out in the hallway and call Mr. Christofferson to inform him the Court is incline to continue the matter to tomorrow morning. Court passes the matter to give Mr. Sanchez an opportunity to call Mr. Christofferson. Matter recalled at 10:28 am. Mr. Sanchez informs the Court Mr. Christofferson cannot be here tomorrow morning, but will be available on 8-16-21. Court is not inclined to continue the matter that far out. Matter is continued to tomorrow, 7-23-21 at 9am in Dept. 4. Printed: 7/22/2021 07/22/2021 Trial: Unlawful Detainer - 21CV381288 Page 1 of 1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER James Schoenborn vs Leonard Schoenborn Hearing Start Time: 9:15 AM 21CV381288 Hearing Type: Hearing: Motion Summary Judgment Date of Hearing: 07/22/2021 Comments: Line #3 Heard By: Johnson, Erik S Location: Department 4 Courtroom Reporter: Recording Electronic Courtroom Clerk: Dong Huynh Parties Present: - Motion Summary Judgment by Def (Jay Christofferson) Electronic Recording: 9:25 am Stipulation for commissioner Johnson to act as temporary Judge is signed. Attorney, Harry Price, appears on behalf of Plaintiff. Attorney, Giulio Sanchez, appears on behalf of Defendant. Parties make oral arguments. Motion for Summary Judgment is Denied for reasons stated on the record. Plaintiff's counsel to submit the order. Printed: 7/22/2021 07/22/2021 Hearing: Motion SummaryJudgment - 21CV381288 Page 1 of 1 N 3 4 v 5 6 7 8 9 Hany 1. Price, Esq. (SBN 77817) §" 5 L E 5:) PRICE LAW FIRM 40 Main Street i 292! JUL 23 D 12: g3 Los Altos, CA 94022 Phone: (650) 949-0840 CL {I Fax: (650) 949-0844 pc Attorneys for Plaintiff, W" H“ James Schoenbom, Successor Trustee 0f the Schoenbom L. QUA H- Family Living Trust dated April 11, 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, SUCCESSOR Case No.1 21CV381288 TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST DATED APRIL 11, 1991, ORDER AND JUDGMENT Plaintiff, FOR RESTITUTION 0F PREMISES AND v. RESERVATION 0F DAMAGES ISSUES LEONARD SCHOENBORN, Trial Date: July 22, 2021 Time: 9:00 am. Department: 4 Defendant. ORDER AND JUDGMENT The above-entitled unlawful detainer action came on regularly for trial on July 22, 202 1. PlaintiffJAMES SCHOENBORN, Successor Trustee 0f the Schoenbom Family Living Trust LEONARD SCHOENBORN “Defendant” , b and throu h his attome ' n( ) y g 3W” w ”We‘d” Esq. The court, having reviewed the pleadings and papers on file in the actién, the evidence presented and the argument of counsel, and good cause appearing therefore, does hereby enter order and judgment as follows: l 1 Order and Judgment for Restitution of Premises and Reservation of Damageé Issues James Schoenborn, Successor Trustee v. Schoenborn, Case N0. 2]CV381288 dated April 11, 1991 (“Plaintiff”), by and through his attorney HarIy I. Price, Esq. and Defendant c k'T ONUI-pwtxa 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 77 P_RICE L-AWFIRM 1. That Plaintiff James Schoenbom, Successor Trustee of the Schoenbonlll Family Living Trust dated April 11, 1991, have and recover from said Defendant LEbNARD SCHOENBORN, and all others in possession the restitution and posseésion 0fthose certain premises situated in the City of Los Altos, County 0f Santa Clara; State of California, commonly known and more particularly described as follows: 1453 Wessex Avenue, Los Altos, CA 94024; 2. That this order is without prejudice to the rights of Defendant to seek such other relief as he can obtain fi'om the court in another action pending that he has filed, entitled “In the Matter of the Schoenbom Family Living Trust, LEONARD SCHOENBORN, Petitioner, v. JAMES D. SCHOENBORN, TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST, and DOES 1 through 25,” Santa Clara County Superior Court case number 21PR190282 (hereinafter “the Probate Court action”); 3. That this order is without prejudice to the rights 0f Plaintiff to seek compensatory damages as against Defendant for occupancy, as shall be determined separlately; and 4. That this order is without prejudice to the rights 0f Plaintiff t0 seek compensation for attorneys’ fees and costs of suit as shall be determined separately. Dated. Ju1y_t3, 2021 ”of the Superior Court COMMISSIONER ERIK S. JOHNSQN 2 l Order and Judgment for Restitution 0f Premises and Reservation ofDamagek Issues James Schoenbom, Successor Trustee v. Schoenborn, Case N0. 21CV381288 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER James Schoenborn vs Leonard Schoenborn Hearing Start Time: 9:00 AM 21CV381288 Hearing Type: Trial: Unlawful Detainer Date of Hearing: 07/23/2021 Comments: Heard By: Johnson, Erik S Location: Department 4 Courtroom Reporter: Recording Electronic Courtroom Clerk: Dong Huynh - Electronic Recording: 9:25am / 9:47am / 10:57am / 11:43am Appearances: Plaintiff, James Schoenborn, is present with attorney, Harry Price. Defendant, Leonard Schoenborn, is present with attorney, Giulio Sanchez. Court takes a brief recess so the pro-tempore reporter can be present via court call. Matter resumes at 9:47 am Everyone that was present earlier is present once again. Pro-tempore reporter, Tamra Keen, is now present via court call. Court addresses the untimeliness issue of having a pro tempore reporter hired by defense without a stipulation to request for appointment of reporter pro tempore; plaintiff has no objection to having a pro tempore reporter for this proceeding. The hearing is now reported by pro-tempore reporter along with the electronic recording. Plaintiff is sworn and examined. The following exhibits are marked for identification: Plaintiff's Exhibit 1 = Quitclaim Deed Plaintiff's Exhibit 2 = Document entitled Affidavit of Death of Trustee.... Plaintiff's Exhibit 3 = 60 Day Notice of termination of tenancy Defendant Exhibit A = Petition to remove trustee....fi|ed on 5-21-21 Defendant Exhibit B = Verified Amended Petition....filed on 7-6-21 Without objection, Plaintiff's Exhibits 1, 2 and 3 are admitted into evidence. Court takes morning recess at 10:35 am Printed: 7/23/2021 07/23/2021 Trial: Unlawful Detainer - 21CV381288 Page 1 of 2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Matter resumes at 10:57 am Everyone that was present earlier is present once again. Defendant, Leonard Schoenborn, is sworn and examined. Defendant's Exhibits A and B are admitted over Plaintiff's objections. Parties present closing arguments. Court takes a brief at 11:34 am Matter reconvenes at 11:43 am Everyone that was present earlier is present once again. Court finds that the Plaintiff has met its burden and finds judgment for Plaintiff for possession only. Judgment is signed and returned to Mr. Price to file in the clerk's office. Exhibits are returned. Printed: 7/23/2021 07/23/2021 Trial: Unlawful Detainer - 21CV381288 Page 2 of 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 w LAW FIRM 21 CV381288 Santa Clara - Civil System Syste Electronically Filed - by Superior Court of CAHa I. Prlce, Es . SBN 77817 ’ P&E LAW F&lé/I ) County of Santa Clara, 40 Main Street 0n 7/26/2021 12:30 PM Los Altos, CA 94022 Reviewed By: System System Phone: (650) 949-0840 Case #21 CV381288 Fax (650) 949-0844 Envelope: 6922443 Attorneys for Plaintiff, James Schoenborn, Successor Trustee of the Schoenborn Family Living Trust dated April 11, 1991 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, SUCCESSOR Case No.: 21CV381288 TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST DATED APRIL 11, 1991, NOTICE OF ENTRY OF ORDER AND JUDGMENT Plaintiff, V. Time: 9:00 am. Department: 4 Defendant. T0 ALL PARTIES and their ATTORNEY OF RECORD: PLEASE TAKE NOTICE that 0n July 23, 2021, an ORDER AND JUDGMENT FOR RESTITUTION OF PREMISES AND RESERVATION OF DAMAGES ISSUES was entered in the above-entitled action. A copy of said ORDER and JUDGMENT is attached hereto as Exhibit “A” and incorporated herein by this reference. Dated: July 26, 2021 Respectfully submitted, PRICE LAW FIRM By: _/s/ Harry I. Price Harry I. Price Attorneys for Plaintiff, James Schoenborn, Successor Trustee Order and Judgment James Schoenbom, Successor Trustee v. Schoenborn, Case N0. 21CV381288 m EXHIBIT A r- im I LAW FIRM I / 8 9 10 11 12 13 14 15| 16| 17| 18| 19| 201 21| 22| 231 241 251 26| J.71 Harry I. Price, Esq. (SBN 77817) PRICE LAW FIRM 40 Main Street Los Altos, CA 94022 Phone: (650) 949-0840 Fax; (650) 949-0844 Attorneys for Plaintiff, James Schoenbom, Successor Tmstee of the Schoenbom Family Living Trust dated April 11, 1991 FILED ' ?0?1 JUL 23 P 12= (3 ^*t!:i3^qF ^"E COURT ^'. ^^MW^ ^ . ';-'^7f\SlM. ^-^. -. ^1,^^^ L. QUACH^OTb iA SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JAMES SCHOENBORN, SUCCESSOR TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST DATED APRIL 11, 1991, Plaintiff, V. EONARD SCHOENBORN, Defendant. Case No. : 21CV381288 ORDER AND JUDGMENT FOR RESTITUTION OF PREMISES AND RESERVATION OF DAMAGES ISSUES Trial Date: July 22, 2021 Time: 9:00 a.m. Department: 4 ORDER AND JUDGMENT The above-entitled unlawful detainer action came on regularly for trial on July 22, 2021. Plaintiff JAMES SCHOENBOKN, Successor Trustee of the Schoenbom Family Living Trust dated April 11, 1991 ("Plaintiff), by and through his attorney Hany I. Price, Esq. and Defendant LEONARD SCHOENBORN ("Defendant"), by and through his attorney^ ^y^eTJS^c^t» I Esq. The court, having reviewed the pleadings and papers on file in the action, the evidence presented and the argiunent of counsel, and good cause appearing therefore, does hereby enter order and judgment as follows: Order and Judgment for Restitution of Premises and Reservation of Damages Issues James Schoenborn, Successor Trustee v. Schoenborn, Case No. 21CV381288 ^ [PRp I LAW FIRM I 8| 01 10| Ill 12| 13| 14| 15| 16| 17| 18| 191 20| 211 221 231 24| 251 26| 2.7 \ 1. That Plaintiff James Schoenbom, Successor Trustee of the Schoenbom Family Living I Trust dated April 11, 1991, have and recover from said Defendant LEONARD SCHOENBORN, and all others in possession the restitution and possession of those certain premises situated in the City of Los Altos, County of Santa Clara, State of California, commonly known and more particularly described as follows: 1453 Wessex Avenue, Los Altos, CA 94024; 2. That this order is without prejudice to the rights of Defendant to seek such other relief as he can obtain from the court in another action pending that he has filed, entitled "In the Matter of the Schoenborn Family Living Trust, LEONARD SCHOENBORN, Petitioner, v. JAMES D. SCHOENBORN, TRUSTEE OF THE SCHOENBORN FAMILY LIVING TRUST, and DOES 1 through 25, " Santa Clara County Superior Court case number 21PR190282 (heremafter "the Probate Court action"); 3. That this order is without prejudice to the rights of Plaintiff to seek compensatory damages as against Defendant for occupancy, as shall be detennined separately; and 4. That this order is without prejudice to the rights of Plaintiff to seek compensation for attorneys' fees and costs of suit as shall be determined separately. Dated: July 13. 2021 of the Superior Court COMMISSIONER ER1K S. JOHNSQN Order and Judgment for Restitution of Premises and Reservation of Damages Issues James Schoenborn, Successor Trustee v. Schoenborn, Case No. 21CV381288 npRic^ ILAWFKMI 8| Q 10| Ill 12| 13| l4| 151 16| 17| 18| 19| 20| 21| "ll 23| 24| 251 261 _7| PROOF OF SERVICE I am employed in the County of Santa Clara, State of California; I am over the age of eighteen years and not a party to the within entitled action; my business address is 40 Main Street Los Altos, California, 94022. On July 26, 2021, 1 served the following document(s): NOTICE OF ENTRY OF ORDER AND JUDGMENT on the following interested parties in this action: Jay A. Christofferson, Esq. Giulio A. Sanchez, Esq. Wanger Jones Helsley PC 265 East River Park Circle, Suite 310 Fresno, CA 93720 jchristofferson@wjhattomeys.com gsanchez@wjhattorneys.com by using the following form of service: [X] (VIA ELECTRONIC TRANSMISSION) I placed a true copy of the above-referenced document(s) in a PDF format and caused said document(s) to be transmitted via email to the person(s) listed above, using the email address(es) listed above. My email address is mcantrell@priceslaw. com. [X] (BY ELECTRONIC TRANSMISSION) Pursuant to C. C. P. §1010. 6, by my contemporaneous submission herewith to a Court-approved electronic filing service provider, I caused said document(s) to be transmitted by electronic transmission on this date to the electronic service address(es) of the addressee(s). A true and correct copy of said provider's electronic notification of service [C. C. P. §1010. 6(a)(l)(C)] will be produced if requested by any party to the within action or the Court. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 26, 2021, at Los Altos, California. -/" / i L{- - i ^: t Mandi Cantrell 1 Schoenborn v. Schoenborn ~ Case No. 21CV381288 Proof of Service Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/3/2021 2:06 PM Reviewed By: D Harris Case #21CV381288 Envelope: 6986031 APP-1 02 Notice of AppeallCross-Appeal (Limited Civil Case) Instructions This form is only for appealing in a limited civil case. You can get other forms for appealing in unlimited civil cases at any courthouse or county law library or online at www.courts.ca.gov/f0rms. Before you fill out this form, read Information on Appeal Proceduresfor Limited Civil Cases (form APP-lOl-INFO) to know your rights and responsibilities. You can get form APP-lOl -INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. You must serve and file this form no later than 30 days afler the trial court or a party serves a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment or 9O days after entry of judgment, whichever is earlier (see rule 8.823 of the California Rules of Court for very limited exceptions). If your notice of appeal is late, your appeal will be dismissed. Fill out this form and make a copy of the completed form for your records and for each of the other parties. Serve a copy ofthe completed form on each ofthe other parties and keep proof of this service. You can get information about how to serve court papers and proofofservice from What Is ProofofService? (form APP-l 09- INFO) and on the California Courts Online Self-Help Center at www. courts. ca.gov/selfhelp-serving. htm. Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. ® Your Information a. Name of appellant (the party who is filing this appeal): Leonard Schoenborn Clerk stamps date here when form is filed. You fill in the name and street address of the court that issued the judgment or order you are appealing: Superior Court of California, County of Santa Clara 191 N. First Street San Jose, CA 951 13 You fill in the number and name of the trial court case in which you are appealing the judgment or order: Trial Court Case Number: 21 CV381 288 Trial Court Case Name: Schoenborn v. Schoenborn The clerk will fill in (he number below D Check here ifmore than one appellant and attach a separate page 0rpages listing the other appellants and their contact information. At the top ofeach page, write “APP-I 02, item 1a. ” b. Appellant’s contact information (skip this ifthe appellant has a lawyerfor this appeal): Street address; 1453 Wessex Avenue Los Altos CA 94024 Street City State Zip Mailing address (ifdifferent): Street City State Zip Phone: E-mail: c. Appellant’s lawyer (skip this ifthe appellant does not have a lawyerfor this appeal): Name: Jay A. Christofferson State Bar number: 203 878 Street address; 265 E. River Park Circle, Suite 3 10 Fresno CA 93720 Street City State Zip Mailing address (ifdiflerent): Street City State Zip Phone: 559-233-4800 Fax: 559-233-9330 E-mail: jchristofferson@wjhattomeys.com Judldal CounCiI of Cafiornia. www.conrls.ca.gov Revised January 1. 2019. Optional Form Cal. Rules of Coun, rule 8.823 APP-102, Page 1 of 3 9 American LegalNet. Inc. www.Fonnsflmfllgw ggm , Notice of AppealICross-Appeal (Limited Civil Case) Trial Court Case Number: 21 CV381288 Trial Court Case Name: Schoenborn v. Schoenborn ® This is (check a or b): a. The first appeal in this case. b. D A cross-appeal (an appeal filed after the first appeal in this case (complete (1), (2), and (3)). (1) The notice of appeal in the first appeal was filed on (fill in the date that the otherpartyfiled its notice of appeal in this case): (2) The trial court clerk served notice of the first appeal on Uill in the date that the clerk served the notice ofthe otherparty ’s appeal in this case): (3) The appellate division case number for the first appeal is (fill in the appellate division case number 0fthe otherparty ’s appeal, ifyou know i0: ® Judgment or Order You Are Appealing I am/My client is appealing (check a or b): a. The final judgment in the trial court case identified in the box on page 1 of this form. The date the trial court entered this judgment was ml] in the date): July 23, 2021 b. D Other: (1) D An order made after final judgment in the case. The date the trial court entered this order was Gill in the date): (2) D An order changing or refusing to change the place of trial (venue). The date the trial court entered this order was gill in the date): (3) D An order granting a motion to quash service of summons. The date the trial court entered this order was dill in the date): (4) D An order granting a motion to stay or dismiss the action on the ground of inconvenient forum. The date the trial court entered this order was dill in the date): (5) D An order granting a new trial. The date the trial court entered this order was dill in the date): (6) D An order denying a motion forjudgment notwithstanding the verdict. The date the trial court entered this order was dill in the date): (7) D An order granting or dissolving an injunction or refusing to grant or dissolve an injunction. The date the trial court entered this order was Oil] in the date): Revised January 1. 2019 Notice of AppeaIICross.Appea| APP-1 02. Page 2 of 3 (Limited Civil Case) 9 American LegnlNel. Inc. www.FgrmsWorkFlow 90m , Trial Court Case Number: 21 CV38 1 288 Trial Court Case Name: Schoenborn v. Schoenborn ® (continued) (8) D An order appointing a receiver. The date the trial court entered this order was Oil] in the date): (9) D Other action (please describe and indicate the date the trial court took the action you are appealing): ® Record Preparation Election Complete this section only ifyou arefiling thefirst appeal in this case. Ifyou arefiling a cross-appeal, skip this section and go to the signature line. Ifyou arefiling thefirst appeal in this case, you must serve andfile a notice in the trial court designating the record 0n appeal. You may use Appellant’s Notice Designating Record on Appeal (Limited Civil Case) form APP-103). Check a 0r b: a. D Iwill serve and file a notice designating the record on appeal together with this notice of appeal. b. E Iwill serve and file a notice designating the record on appeal later. I understand that I must file this notice in the trial court within 10 days of the date I file this notice of appeal, and that if I do not file the notice designating the record on time, the court may dismiss my appeal. REMINDER: Except in the very limited circumstances listed in rule 8.823, you must serve and file this form no later than (1) 3O days after the trial court clerk or a party serves either a document called a Notice of Entry of the trial courtjudgment or a fiIe-stamped copy of the judgment, or (2) within 90 days after entry of judgment, whichever is earlier. If your notice of appeal is late, your appeal will be dismissed. Date: Julx, 3') ,2021 Jay A. Christofferson > Type orprintyour name Signature of nt/cross-appellant 0r attorney Date: ( Type orprintyour name Signature oféppellant/cross-appellant or attorney Date: Type 0rprintyour name Signature ofappellant/cross-appellant 0r attorney RevisedJanuarv 1. 2019 Notice of AppealICross-Appeal APP-102- Page 3 0f 3 (Limited Civil Case) Amcrican LegalNel. Inc. www.FarmsWorkf-‘low.com , \DOOQONUI-RUJNH NNNNNNNNNr-tr-Ih-t-Ar-Ir-IHHHD-d OOflaLAAUJNHOOWflQM¥WNHO PROOF OF SERVICE My business address is 265 East River Park Circle, Suite 3 10, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, California. I am over the age of 18 years and am not a party to this case. On the date indicated below, I served the foregoing document(s) described as NOTICE OF APPEAL/CROSS-APPEAL on all interested parties in this action as follows: Harry I. Price Price Law Firm 4O Main Street Los Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: harrygagpriceslawsom mcantrell@priceslaw.com _X_ (BY U.S. MAIL) I am readily familiar with the business’ practice for collection and processing of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the United States Postal Service on the date noted below in the ordinary course of business, at Fresno, California. (BY FACSIMILE) I caused such document(s) to be transmitted to the addressee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported as complete and without error. X (BY ELECTRONIC SERVICE) I caused the foregoing document(s) to be scanned into pdf format and sent via electronic mail to the electronic mail address(es) of the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s). X (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 30, 2021, a1! Fresno, California. M(Ll71C/M kc}W Dena Richardson {8752/002/01266493DOCX} - - F R RT E NLY Superior Court of California, County of Santa Clara O COU US O Limited CiviI-Appellate Division 191 North First Street San Jose, CA 951 13 (408) 882-21 00 James Schoenborn vs Leonard Schoenborn NOTICE OF FILING OF NOTICE OF APPEAL Case Number: 21CV381288 TO: Harry Price, Attorney for the Plaintiff: Please take notice that a Notice of Appeal from the Judgment entered on July 23, 2021 in the above entitled action was filed in my office on August 3, 2021. DATED: August 10, 2021 Rebecca Fleming, Clerk of the Court By Rachel Araqon Legal Process Clerk Clerk’s Certificate of Mailing | certify that | am not a party to this cause and that a true copy of the Notice of Filing of Notice of Appeal was mailed first class, postage fully prepaid, in a sealed envelope addressed as shown below, and that the notice was mailed at San Jose, California, on: DATE: August 10, 2021 Rebecca Fleming, Clerk of the Court By Rachel Aragon, Legal Process Clerk To Respondent: CC: Harry Price Jay Christofierson Price Law Firm Wanger Jonse Hlesley PC 4O Main Street 265 E River Park Circle, Suite 310 Los Altos, CA 94022 Fresno, CA 93720 harry@price|aw.com jchristofferson@wjhattorneys.com NOTICE OF FILING OF NOTICE OF APPEAL Filed August 10, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381288 By: raragon Signed: 8/10/2021 09:27 AM Signed: 8/10/2021 09:27 AM 21 CV381288 Santa Clara - Civil Appellant's Notice Designating Record on Appeal (Limited Civil Case) Instructions o This form is only for choosing (“designating”) the record 0n appeal in a limited civil case. o Before you fill out this form, read Information 0n Appeal Proceduresfor Limited Civil Cases (form APP-lOI JNFO) t0 know your rights and responsibiiities. You can get form APP-IO 1 -INFO at any courthouse or county law library 0r online at www.courrs.ca.gov/forms. o This form can be attached to your notice of appeal. If it is not attached to your notice 0f appeal, you must serve and file this form within 10 days after you file your notice 0f appeal. If you do not file this form on time, the court may dismiss your appeal. o Fill out this form and make a copy 0fthe completed form for your records and for each of the other parties. * Serve a copy of the completed form 0n each 0f the other parties and keep proof of this service. You can get information about how t0 serve court papers and proof 0f service on the California Courts Online Seif-Help Center site at mm-u. court‘s. ca.govflseZflwlp~serving 111m - Take 0r mail the originaf completed form and proof 0f service 0n the other parties to the clerk’s office for the same court that issued the judgment 0r order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk t0 stamp it t0 show that the original has been filed. ® Your Information a. Name 0f Appellant (the party who is filing this appeal): Name: Leonard Schoenbom Cierk stamps date here when' form is filed. Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/10/2021 12:49 PM Reviewed By: R. Aragon Case #21 CV381 288 Envelope: 7031372 You fifl in the hams and street address of the coun‘ mat issued the judgment or order you are appealing: Superior Court of California, County of Santa Ciara 191 N. First Street San Jose. CA 951 13 You fifl in the number and name of the trial com case In which you are appeafing the judgment or order: Trial Court Case Number: 21 CV381 288 Trial Court Case Name: Schoenborn v. Schoenborn You fill :‘n the appellate division case number {ff you know it): Appellate Division Case Number: b. Appellant’s contact information (Skip this iffhe appellant has a Zawyerfor fhz's appeal): Street address: 1453 Wessex Avenue Los Altos _ CA 94024 Street ' ' ' City State Zip Mailing address (g‘fdfierem): Street ' City State Zip Phone: E-mail: c. Appellant’s lawyer (skip this iffhe appellant does nor have a lawyerfor this appeal): Name: Jay A. Christofferson; Giulio A. Sanchez State Bar number: 203878; 3 17329 Street address: 265 B. River Park Cir., Suite 3 1 0 Fresno _ CA 93720 Street City State Zip Mailing address (:fdijferent): Street City Stare Zip Phone: 559-233-4800 Fax: 559-233-9330 E~mail: ichristoffersonfilwihatt01'nevs.com Judicial Councii of California, wwwcourfsnagov Revised January 1, 2021, Optional Form Cai. Rules of Couri. ruie 8.831 (Limited Civil Case) Appellant’s Notice Designating Record on Appeal APP-103, Page‘! of? -> R. Aragon Trial Court Case Number: Trial Court Case Name: Schoenborn V, Schoenborn 21 CV381283 Information About Your Appeal On 0H! in the date): August 3. 2021 llmy ciient filed a notice 0f appeal in the trial court case identified in the box on page I of this form. Record of Oral Proceedings in the Trial Court You d0 not have t0 provide the appellate division with a record ofwhar was said fr: the {rial court (this is called a record OfIhe “oral proceedings ”). Bur ifyou wan! (o raise any issue in your appeal (hat would require the appellate division f0 consider what was said in the trial court, you will need r0 provide the appelZale division with a record ofrhose amZ proceedings. For example, ifyou are claiming that there was not evidence supporting the judgment, order, 0r other decision you are appealing, you wii! need t0 provide a record offhe oral proceedings. 1 elect (choose)/My client elects t0 proceed (check a 0r b): a. D WITHOUT a record 0f the oral proceedings in the trial court (skip item® ; go t0 item (5)). I understand that b. if I elect t0 proceed without providing a record 0f the oral proceedings, the appellate division wiii not be abie t0 review any issues I might want t0 raise about what was said in the triai court during those proceedings 0r any claim that there was not evidence to support the judgment, order, or decision I am appeaiing. (Wrir‘e initials here): WITH a record 0f the oral proceedings in the trial coun (complete item@ below). I understand that if I elect (choose) t0 proceed WITH a record of the oral proceedings in the trial court, I have t0 choose the record I want to use and take the actions described below t0 make sure this record is provided t0 the appellate division. I understand that if I do not take the actions described below and the appellate division does not receive this record, l am not likely to succeed in my appeal. (Write initials here): I want t0 use the following record 0f what was said in the trial court proceedings in my case (check and complete only (me ofrhefollowing belowma, b, c, d, 0r e): Reporter’s Transcript. This option is avaifable only ifrhere was a court reporter in {he trial court whoa. made a record ofwhat was said in court. Check with the (rial court r0 see ifthere was a court reporter in your case before choosing this option. Complete (1) and (2). (1) Designation 0f proceedings t0 be included in reporter’s transcript. I request that the following proceedings in the trial court be inciuded in the reporter’s transcript. (You. must idemifiz each proceeding you want included by ifs date, the department in which it lookplace, a description Othe proceedings [for example, the examination ofjurors, motions before trial, the taking afresrimony, or the giving ofjury instructions], the name ofrhe court reporter who recorded the proceedings, and whether a certified franscripf offhe designatedproceeding was previously prepared.) Date Department Description Reporter’s Name Prev. prepared? (a) 07f23/2021 4 Trial Transcript Tamara Elaine Keen @Yes E] N0 (b) ' D Yes m No (0) D Yes D N0 (d) D Yes D No (e) D Yes D No (f) D Yes D N0 (g) D Yes D No D Check here ifyou need t0 Zisr other proceedings and attach a separate page 0rpages Zz'sfing (hose proceedings. At (he top ofeach page, write "APP~103, item 4a. ” RW‘SP'dJamW'm“ Appellant’s Notice Designating Record on Appeal APP'103' Page 2 °f7 (Limited Civil Case) 9 Triai Court Case Number: Trial CourtCase Name; Schoenborn v. Schoenborn 21CV381 288 a. (continued) (2) The proceedings designated in (1) D include M d0 not include all 0f the testimony in the trial court. Ifthe designated proceedings DO NOT include all 0f the testimony, state the points that you intend t0 raise 0n appeai. (Rule 8.834651) (2) provides that your appeal will be limited I0 these points unless, 0n a motion, the appellate division permits ofhemise.) gCheck here rfyou. need more Space 2‘0 ZI'SI‘ Otherpoinrs and attach a sepamre page orpages listing those poims. Ar the top ofeach page, write ”APP-103, item 451(2). ” (3) M, Certified transcripts. l have attached t0 this Appellant’s Notice Designating Record 0n Appeal an original certified transcript of all the proceedings I have designated in (1). The transcript compiies with the format requirements in rule 8.144 0f the California Rules of Court. Under rule 8.834, r10 payment is due for this transcript (skip the rest 0f® and g0 t0© ). (4) Payment for reporter’s transcript. (a) D (b) D I will pay for the reporter’s transcript 1 have designated in (1). Within 10 days 0f getting the reporter’s estimate 0f the cost 0f the transcript, I will: D Deposit an amount equai to the estimated cost of the transcript with the trial court, and a fee 0f $50 for the superior court t0 hold this deposit in trust. I understand that if I d0 not comply with this requirement, my appeal may be dismissed. D File with the trial court a copy 0fthe written waiver 0f deposit signed by the reporter. I understand that if I d0 not comply with this, my appeal may be dismissed. I am unable t0 afford the cost of the reporter’s transcript I have designated in (1) and am therefore applying to the Transcript Reimbursement Fund t0 pay for this transcipt. Within 10 days of receipt 0f the court reporter’s estimate 0f the costs for this transcript, I will file with the trial court a COpy 0f my application to the Court Reporters Board for payment 01' reimbusement from the Transcript Reimbursement Fund. (5) Format 0f reporter’s transcript. I request that the reporter provide my copy of the transcript in: (a) D Paper format only. (b) D Electronic format only. (C) D Both paper and eiectronic format. 0R b. D Transcript From Official Electronic Recording. This opiion 1's available only z'fcm official electronic recording was made ofwhaf was said in {he rrr'aI court. Check with the trial court f0 see ifan official eZectronfc recording was made in your case before choosing this Opfion. Identifi) each pro'ceedingyou want included by its dare, the departmem fr: which z'! fookplace, a description offhe proceedings, and #you know it, (he name offhe eieclronic recording monitor who recorded the proceedings: Date Department Description Electronic Monitor’s Name (a) (b) (o) [:1 Check heré g’you need more space t0 describe anyproceeding 0r 1‘0 Zz'sr more proceedings and attach a separaie page describing 0r listing those proceedings. At the (0p ofeach page, write “APP-I 03, item 4b. ” Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal AFN”, Page 3 0‘7 (Limited Civi! Case) a Trial Court Case Number: 21 CV381 288Tria’ COW Case Name: Schoenbom v. Schoenbom ® b. (continued) Check and complete (I) 0r (2). (1) D I will pay the trial court clerk for this transcript myself. I understand that if I do not pay for the transcript, my appeal may be dismissed. (a) D With this notice designating the record 0n appeal, I have deposited with the trial court clerk the approximate cost 0f transcribing the proceedings I designated above, calculated as provided in ruie 8. 1 30(b)(1 )(B). (b) D Within 10 days 0f receipt of the clerks estimate 0fthe cost 0f the transcript, I will deposit that amount with the tria! court clerk. (2) D I am asking that the transcript be provided at no cost t0 me because i cannot afford t0 pay this cost. I have attached (check (a) or (b) and arrach the appropriate documem): ‘(aj D An order granting a waiver 0f the cost under rules 3.50-3.58 and 8.8 I S(d). (b) D An application for a waiver 0f court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request t0 Waive Court Fees 0Com? FW-OOI). The court will review fhfsform r0 decide ifyou are eligiblefor afee waiver.) OR C. D Copy 0f Official Electronic Recording. This option 1's available (miy I'fcm officia! electronic recording was made ofwkaf was said in the trial court, the court has a local rulefor the appeflare division permming the use offhe official electronic recording itselfas the record Ofrhe proceedings, and all office parties have agreed (stipulated) that they want to use fhe recording itselfas the record ofwhar.‘ was said in the case. Check with the Ma! court to see z'fan oficial electronic recording was made in your case before choosing this option. You must attach a copy ofyour agreement (stipulan'on) with the other parties t0 this nozice. Check and complete (1) 0r (2). (1) D I will pay the trial court clerk for this copy of the recording myseif when I receive the clerk’s estimate 0f the cost 0f this copy. I understand that if I do not pay for this COpy of the recording, it will not be prepared and provided t0 the appellate division. (2) B l am asking that a copy 0f the recording be provided at no cost to me because I cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) 0r (b) and submit {he appropriate document): (a) U An order granting a waiver 0f the cost under ruies 3.50-3.58 and 8.8 1 S(d). (b) D An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.8 1 B(d). (Use Request t0 Waive Court Fees O’oz'm FW-OOI). The court will review fhisform to decide ifyou are eligiblefor afee waiver.) 0R d. D Agreed Statement. An agreed statement z's a summary offhe trial courr proceedings agreed t0 by the parties. Seeform APPJ 01JNFOfor z'nfmman'on aboutpreparing cm agreed statemem. Check (1) 0r (2). (1) D I have attached an agreed statement to this notice. (2) D A11 the parties have agreed in writing (stipulated) t0 try to agree on a statement (you musf atrach a copy thhis agreement (stipulation) f0 this notice). I understand that, within 30 clays afier I file this notice, I must file either the agreed statement 0r a notice indicating the parties were unable to agree 0n a statement and a new notice designating the record on appeal, and if l d0 not, the court may dismiss my appeaL RB“‘°’“““”"8‘“'2°21 Appellant’s Notice Designating Record on Appeal App'm?“ P3994 0” (Limited Civil Case) '9 Trial Court Case Number: Trial Court Case Name; Schoenborn v. Schoenborn 21CV381288 ® (continued) OR e. D Statement 0n Appeal. A statement 0n appeal is a summary ofrhe trial courf proceedings approved by the trial court. Seeform APP-I 01JNFOfor information abour preparing a proposed statement. Check (I) 0r (2). (1) D I have attached my proposed statement 0n appeal t0 this notice. (Kym: are not represenred by a lawyer in this appeal, you must use Proposed Statement 0n Appeal (Limited Civil Case) (form APP»! 04) 2‘0 prepare andfile this proposed statement. You can get a copy afform APPJ 04 at any courthouse or county law library 0r online at www.courts.ca.gov/f0rms.htm.) (2) D I have NOT attached my proposed statement 0n appeal to this notice. I understand thatl must serve and file this proposed statement in the trial court within 20 days ofthe date I file this notice and that if I do not file the proposed statement 0n time, the court may dismiss my appeal. Record of the Documents Filed in the Trial Court I elect (chooseyMy client eiects to use the following record 0fthe documents filed in the trial court (check a, b, 0r c andfill z'n any required information): a. Clerk’s Transcript. (Fill out (1)-(4).) Nore that, ifrhe appellare division has adopted a local ruie permitting this, {he clerk may prepare and send the original cow‘ffile t0 the appellate division instead ofa clerk ’S transcripf. (1) Required documents. The clerk will automatically include thefollowfng items in the clerk’s franscript, but you must provide the date each document wasfiled 0r, I'fthar 1's nor availabie, the dare the document was signed. Document Title and Description Date of Filing (a) Notice 0f appeal 8/3/2021 (b) Notice designating record 0n appeal (this document) 8/9002! (c) Judgment 01' order appealed from 7/23/2021 (d) Notice 0f entry dfjudgment (if any) 7/26/2021 (e) Notice 0f intention to move for new trial 01' motion to vacate the judgment, forjudgment notwithstanding the verdict, 0r for reconsideration of an appealed order (if any) (t) Ruling on any item included under (e) (g) Register 0f actions or docket Revised January 1. 2021 Appellant’s Notice Designating Record on Appeal APP‘103! P393 5 0” (Limited Civil Case) 9 Tria! Court Case Number: Trial Court Case Name: SChoenbom V- SChoenbom 21 CV381 288 ® a. (continued) (2) Additional documents. Ifyou want any documents in addition to the required documents listed in (1) above f0 be included in the clerk’s transcript, you musf idemqu #1059 documents here. MI request that the clerk include in the transcript the following documents that were filed in the trial court. (Identifi; each documentyou want included by ifs title andprow’de the dare 1'! wasfiled 0r, z'frhar 1's nor available, the date the document was signed.) Document Title and Description Date 0f Filing (a) Notice of Hearing on Motion for Summary Judgment 07/19/2021 (b) Memorandum of Points and Authorities in Supporl of Defendant‘s Motion for Summary Judgment 07/1 3/2021 (C) Separate Statement in Support of Defendant's Motion for Summary Judgment 07/1 3/2021 I (d) Declaration of Leonard Schoenborn in Supmrt of Motion for Summary Judgment 07H 3/2021 ' 07/1 3/2021(e), Declaration ofGiulio A. Sanchez in Support ofMotion for Summary Jugdment gCheck here I'fyou need (0 list other documents and attach a separate page 0r pages listing {hose document‘s. Ar the top ofeach page, wrire “APP-103, item 5a(2). ” (3) Exhibits. I request that the clerk include in the transcript the foliowing exhibits that were admitted in evidence, refused, 0r lodged in the trial court. (For each exhibit, give the exhibit number (such as Plainrifl’s #1 0r Deféndanf’s A) and a briefdescripfion ofrhe exhibit, and indicate whether 0r n0! the court admitted the exhibit into evidence. Ifthe trial courz‘ has returned a designated exhibit r0 a party, (I16 party who has thar exhibi! Imus! deliver if to the trial court cierk as Soon as possible.) Exhibit Number ' ' Description Admitted Into Evidence Plaintiffs Ex. 1 Quitclaim Deed dated 6/10/91 E] Yes D N0 Plaintiffs Ex. 2 Affidavit of Death of Trustee [Z] Yes D No Plaintiffs Exf3 60-Day Notice ofTermination D Yes E] N0 Defendant‘s Ex. A Petition ti) Remove Trustee D Yes D No Defendant's Ex. B Verified Amended Petition I I D Yes D N0 D Check here ifyou need f0 11's! orh-er exhibits and alfach a separate page 0r pages Zisn'ng fhose exhibits. At the top ofeach page, write “APP-103, item 5a(3). ” RmedJamam'm Appellant’s Notice Designating Record on Appeal APPAM’ Pageso” (Limited Civi: Case) ‘9 Trial Court Case Number: Trial Court Case Name: Schoenborn v. Schoenborn 21 CV381 288 © a. (continued) (4) Payment for clerk’s transcript. (Checka 0r b.) (a) B/l will pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the costs of the transcript. I understand that if I do not pay for the transcript, it will not be prepared and provided to the appellate division. (b) D I am asking that the clerk’s transcript be provided at no cost to me because I cannot afford to pay this cost. 1 have submitted the following document with this notice designating the record (check (1) 0r (ii) and submit the checked document): (i) U An order granting a waiver ofthe cost under rules 3.50-3.58 and 8.818(d). (ii) D An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.81 8(d). (Use Request to Waive Court Fees form FW-OOJ). The court will review rhisform r0 decide ifyou are eligiblefor afee waiver.) OR b. D An appendix under rule 8.845. OR c. U Agreed statement. (This option is only available ifyou have chosen to use an agreed statement as (he record ofthe oral proceedings under item@ above andyou attach Io your agreed statement copies ofall the documents that are required Io be included in the clerk 's transcript. These documents are listed in 5a(1) above and in rule 8.832 ofthe California Rules ofCourt.) Date: August 10, 2021 Giulio A. Sanchez Type orprim your name mmmmmm Appellant’s Notice Designating Record on Appeal APP-103, Pa9e7of7 (Limited Clvil Case) APP-103, item 4a(2) Defendant Leonard Schoenborn is an undisputed beneficiary 0f the Schoenborn Living Trust, the purported landlord. Defendant filed a motion for summaw judgment (the “M0ti0n”) asserting that the instant unlawful detainer proceedings were improper as a matter 0f law because title t0 the undalyingproperty (the “Property”) is at issue. Defendant maintains that he is an owner of the Property because the Trust, by its founding document, is required t0 transfer title 0f the Property t0 Defendant and the other Trust beneficiaries. PlaintiffJames Schoenbom contends that the Trust is the rightful titleholder 0f the Property, and that he can elect t0 sell the Property and then provide the sales proceeds t0 the Trust beneficiaries. However, as Defendant’s Motion argued, regardless 0f which position is correct, this dispute is not subject t0 adjudication in unlawful detainer proceedings as such proceedings cannot resolve issues of title. Rather, Plaintiff’s refusal t0 transfer title to Defendant and other Trust beneficiaries is set to be addressed in the pending Petition t0 Remove Trustee for Breach of Trust, Appointment 0f Temporary Trustee, Appointment 0f Successor Trustee, and Attorneys’ Fees, filed 0n May 21, 2021 in In the Matter 0f the Schoenbom FamiZy Living Trust, Santa Clara Superior Court Case No. 21PR1 90282. Defendant’s Motion also asserted that the instant unlawful detainer proceedings were impmper as a matter of law because Defendant is not a tenant of the Trust. Unlawful detainer actions are limited t0 instances where there is a breach 0f a leasee’s residency in the Property. Here, n0 lease ever existed between the Trust and Defendant and the Trust never collected rent from Defendant. The trial court denied Defendant’s Motion. Defendant now appeals on the grounds that the court erred by denying summary judgment and proceeding with the unlawful detainer action. APP-103, item 521(2) f) Request for Judicial Notice in Support 0f Defendant’s Motion for Summary Judgment; filed 0n July 13, 2021 g) Plaintiff James Schoenbom, Sucessor Trustee’s Memorandum 0f Points and Authorities in Support 0f Objections t0 and Opposition t0 Defendant’s Motion for Summary Judgment; filed 0n July 19, 2021 h) Declaration 0f Harry I. Price in Support 0f Objections t0 and Opposition t0 Defendant’s Motion for Summary Judgment; and Request for Judicial Notice; filed 0n July 19, 2021 i) Defendant’s Memorandum of Points and Authorities in Support of Reply 0n the Motion for Summary Judgment; filed 011 July 20, 2021 j) Complaintwanlanul Detainer by James Schoenborn; filed on April 29, 2021 k) Answer t0 Complaint for Unlawful Detainer by Leonard Schoenborn; filed June 1, 2021 1) Amended Answer-mUnlawful Detainer; filed 0n June 8, 2021 {8752/002/GASG44BDOCX} Transcript 0f Proceedings July 23, 2021 Schoenborn vs. Schoenborn @ othS www aptusCH com 866 999.83] D 10 ll l2 13 14 l5 l6 17 18 19 20 21 22 23 24 25 Transcript of Proceedings Schoenbonlvs. Schoenborn DEPARTMENT NO. 4 ~u-ooo--- JAMES SCHOENBORN, as Successor Trustee of the_ Schoenborn Family Living Trust dated April ll, 1991, Plaintiff, v. LEONARD SCHOENBORN, Defendant. July 23, 2021 Pages 1 - 65 Reported by: Tamra Elaine Keen Job NO.: 10086128 RPR, CLR, CCRR, CSR NO. SUPERIOR COURT OF CRLIFORNIA COUNTY OF SANTA CLARA BEFORE COMMISSIONER ERIK S. JOHNSON Case NO. 210V381288 REPORTER‘S TRANSCRIPT OF COURTCALL PROCEEDINGS 5404 www.aptusCR.com Page1 10 11 12 13 1 14 15 16 1'7 18 19 20 21 22 23 24 25 Schoenhonzvs. Transcript of Proceedings Schoenborn APPEARANCES For Plaintiff: PRICE LAW FIRM 40 Main Street Los Altos, California 94022 (650) 949-0840 BY: HARRY I. PRICE, Attorney at Law harry@priceslaw.com For Defendant: WANGER JONES HELSLEY, PC 265 E. River Park Circle, Suite 310 Fresno, California 93720 (559) 233u4800 BY: GIULIO A. SANCHEZ, Attorney at Law gsanchez©wjattorneys.com wm-oOo--u www.aptusCR.com Pagez 10 ll 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenborn INDEX OF WITNESSES Direct Cross Redir. Recross FOR PLAINTIFF JAMES SCHOENBORN ’7 17 FOR DEFENDANT LEONARD SCHOENBORN 3'7 48 ~~~oOo--- Page 3 www.aptuscRoom 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn INDEX TO EXHIBITS PLAINTIFF Exhibit No. Description ID Evid Exhibit l Quit Claim Deed dated 6/10/91 9 35 Exhibit 2 Affidavit of Death of Trustee 10 35 of the Schoenborn Family Living Trust dated 4/11/91 Exhibit 3 60~day Notice of Termination 15 35 of Tenancy dated 2/18/21 DEFENDANT Exhibit A Petition to Remove Trustee for 26 53 Breach of Trust Appointment of Temporary Trustee, Appointment of Successor Truatea and Attorney's Fees Case NO. 21PR190282 Exhibit B Verified Amended Petition 27 53 ---oOo-w~ Paged www.aptusCR.com 10 ll 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn July 23, 2021 Santa Clara, California Department No. 4 Comm. Erik S. Johnson ---ODOH-- THE CLERK: Line 9, Schoenborn. MR. PRICE: Thank you, Your Honor. Harry Price for Plaintiff James Schoenborn, the Successor Trustee. MR. SANCHEZ: Guilio Sanchez for Defendant. THE COURT: So I think we have a court reporter on CourtCall. (Reportar requests clarification.) MR. PRICE: Yes. Good morning, Your Honor. Harry Price appearing for Plaintiff James Schoenborn, Successor Trustee. MR. SANCHEZ: Good morning. Guilio Sanchez appearing for Defendant Leonard Schoenborn. THE COURT: All right. Thank you both. Just to address the issue of the court reporter, Mr. Sanchez. It looks like you were able to work out the logistics of this. Is there an agraement between the parties that we can proceed with the court reporter? Technically, there is no appointment of a ~- of a court reporter, but if there is a stipulation between the parties it should be fine. Pages www.aptusCR.com 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings Schoenbom MR. PRICE: I have no Objection, Your Honor. I hope the court reporter can hear me through the mask. THE COURT: A11 right. So seeing as the parties don‘t have any objections to the court reporter, also having a court reporter via CourtCall, the Court will ~- I guess there's a motion for that so I‘ll grant the motion. The parties are ready to proceed. Counsel, how many witnesses do you have? MR. PRICE: One, Your Honor, for the Plaintiff. THE COURT: All right. And Mr. Sanchez? MR. SANCHEZ: Also one for Defendant, Your Honor. THE COURT: A11 right. That makes it easy. All right. The parties are ready to proceed. I'm ready. So Counsel, this is your burden so I want to Iturn to you. If you would like to call your first witness. MR. PRICE: Yes, thank you, Your Honor. I would like to call Plaintiff James Schoenborn to the stand, please. THE COURT: A11 right. So the way we can do it here, Since it‘s just Pages www.aptusCR.com 10 ll 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 Schoenbornvs. Transcript of Proceedings Schoenbom your client, I will have your client stand at the counsel table. I know that we will have to hear in the microphone at the phone, but if you speak very loudly so the court reporter can hear everything that you say. MR. PRICE: Thank you, Your Honor. Would the clerk please swear in the witness. THE CLERK: Of course, thank you. Sir, can you raise your right hand? JAMES SCHOENBORN, called as a witness for the Plaintiff, having been duly sworn, testified as follows: THE WITNESS: Yes. THE CLERK: Thank you, sir. MR. PRICE: Your Honor, may I pull up a second Chair so that the Witness and I can Sit? THE COURT: Yes. MR. PRICE: Thank you. DIRECT EXAMINATION BY MR. SANCHEZ: Q. Would you state your ~- would you state your name, please? A. James Schoenborn. Q. And you are the plaintiff in this action? A. Yes. THE CLERK: And if you could speak up a little Page? www.aptusCR.com 10 ll l2 l3 14 15 l6 17 18 19 20 21 22 23 24 25 3choenbon1vs. Transcript of Proceedings Schoenbom 'trust during their lives with that property and-with me bit for the microphone. I'm sorry, gentlemen. This all involves us all living in a different world. MR. PRICE: So keep your voice up. THE WITNESS: I‘ll talk louder. BY MR. PRICE: Q. And are you familiar with the property commonly known as 1453 Wessex Avenue in the City of Los Altos, California? A. Yes. Q. How are ycu familiar with that property? A. I‘ve lived in it most -- lived in it for a quite a bit of my life. We were both raised in that house and it is the trust property. My parents made the as the trustee, and the trust n~ the house passed into the trust upon their -- their passing. Q. And the names of your parents were what? A. Harold Francis Schoenborn and Nancy Leanne Schoenborn. Q. And during their lifetime, were they the trustees of the trust in which title was held? A. Yea. MR. PRICE: Okay. Ask t0 have marked as first in order, given a copy to Counsel, a document entitled, "Quitclaim Deed". Pages www.aptusCR.com 10 11 l2 13 14 15 3.6 1’7 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenborn THE COURT: Hand that-over to Jesse, and we'll have it marked as Plaintiff's‘EXhibit 1. (Plaintiff‘s Exhibit 1 is marked for identification.) THE CLERK: Do you need a copy of that back? MR. PRICE: No. (Reporter requests clarification.) MR. PRICE: Exhibit l, Your Honor, and I‘ll identify it for the record, if I may. THE COURT: A11 right. MR. PRICE: It's entitled, "Quitclaim Deed“. It bears a -- the first two lines of the top left corner indiCate it was, quote, "Recording requested by Mr. and Mrs. Schoenborn", close quote. And it was recorded on what appears to be January 10th -- I‘m sorry, June -- June 10th ~~ THE WITNESS: 11th. MR. PRICE: No, that's a typo. June -- June 10th of 1991, in tha ~~ yes, June 10th, 1991, in the official records of the Santa Clara County Recorder's Office. THE COURT: Thaflk you, Counsel. MR. PRICE: Thank you. Q. Is this a document from your records, sir? A. Yes. PageQ www.aptusCR.com 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Schoenbonivs. Transcript of Proceedings Schoenborn Q. And do you recognize your parents' names and signatures in the middle of that quitclaim deed? A. Yes, I do. Q. And are both of your parents deceased at this time? A. Yes. Q. When did your mother pass away? A. June 7th, 2012. Q. And your father, Harold Schoenborn, when did he pass away? A. November 19th, 2019. Q. Did you, following their death, cause to be recorded an affidavit of death and of -- of the remaining trustee of the trust at that time? A. Yes. MR. PRICE: I would like to have marked as next in order, Your Honor, Exhibit 2, a document entitled, "Affidavit of Death of Trustee of the Schoenborn Family Living Trust", dated April 11, 1991, recorded March 2, 2021, in the official records of the Santa Clara County Recorder'a Office. THE COURT: That will be marked as Exhibit 2. (Plaintiff‘s Exhibit 2 is marked for identification.) (Reporter requests clarification.) Page10 www.aptuscRoom 10 ll 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn THE COURT: We-are off the record for just a second. (Discussion off the record.)l THE COURT: We are béck on the record now. Mr. Schoenborn just added a microphone and that will help with the audio recording. Counsel. MR. PRICE: Thank you! Your Honor. Before that short break I had marked as Exhibit 2, this document, which I place in front of you, Mr. Schoenborn. Q. Do you recognize that? A. Yes. Q. Does that contain your signature at the bottom of the first page? A. Yes, it does. Q. And was that prepared on your behalf by an attorney for the trust? A. Yes, it was. Q. And who was that attorney? A. Roger Lyon [phonetic]. Q. And has he remained the attorney for the trust to this day? A. Yes. Q. And the third paragraph, it reads, quote, Page11 www.aptusCR.com Ih-NM U1 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 2S Schoenbon1vs. Transcript of Proceedings Schoenbom A. Q. family. A. Q. A. Q. A. Q. A. Q A Q. A. "James D. Schoenborn does hereby accept the trusteeship of the trust, effective November l4, 2019,“ close quote. date of your death -- of the death of your father, that you were not the trustee of the trust, but that you became trustee upon his death? younger, Scott, and myself, James. this action? parents about their selection and designation of you as the successor trustee in the event of their death? Is it your understanding that, up until the Yes. Have you ~- tell us about you and your -- your How many children did ycur parents have? Three children. And their names, in order of birth. Len or Lin, as we knew him when he was So is -- was Leonard the -- the defendant in Yes, he is. And you recognize him here in court? Yes. And was he the oldest of the three children? Yes. Did you ever have a chance to talk with your Yes. Page12 www.aptusCR.com lO ll 12 13 l4 15 16 1'7 l8 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenborn Q. And do you know what, if any, reasans they went about selecting you to be the trustee? MR. SANCHEZ: Your Honor, I‘m going to object to that as hearsay. THE COURT: Overruled. THE WITNESS: Well, they also gave me power of attorney during their lives to deal with issues with the trust. Leonard also has a criminal record. MR. SANCHEZ: Your Honor, I'm going to object to that ~~ (Reporter requests clarification.) MR. SANCHEZ: I‘m sorry, Madame Clerk. I‘m going to object to that 0n grounds of relevance, as well as speculation. THE COURT: Well, I don't know what relevance criminal record has on community, so based on that I'll sustain the objection. MR. PRICE: Thank you, Your Honor. Q. As far as following the death of your parents, did you work with your two siblings in trying to review and collate the assets of the trust? A. Yes. Q.‘ Did you work with your siblings in connection with the financial matters, including banking accounts? A. Yes. Page13 www.aptusCRcom 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbnrn Q. Dié your brother, Leonard, receive financial remuneration following the death of your parents? A. Yes. Q. And was that in the form of a cash distribution? A. Yes. Q. And did he receive substantial money, over $500,000? A. Yes, he did. Q. So he has -- does he have the financial means, as far a3 you know, to relocate and no longer occupy the premises? A. Yes. Q. Was your brother{ Leonard, in possession of the premises as a gift of your parents? A. Yes. Q. Following their death, have you agreed to allow Leonard to remain in the property? A. Up until recently, yes. Q. And -- and what were your reasons for seeking to have Leonard vacate the premises? A. Well, at first, we wanted to sell the house. That was the plan. And the intention to divide all the assets equally between the brothers. That was the intention of the trust. Page14 wwwfaptusCR.com 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 SchoenbOHIVa Transcript of Proceedings Schoenbom We included Leonard in choice of real estate agents, attorney, et cetera, even inventorying of the property, until he became violent. And it was, basically un -- became unsafe for us to be in there. So we are seeking posseSSion of the property. Q. Boas your brother, Leonard, have sole possession of the property at this time? A. Well, he doesn‘t own it, but, yes, he is the sole possessor, yes. Q. Are there contents of the house that were your parents' personal property items? A. Yes. Q. And do you seek access and continued ownership of those, too? A. Yes. MR. PRICE: I‘m going to show you, I'll have marked as Exhibit 3, entitled, "60~day Notice of Termination of Tenancy", dated at the bottom February 18th, 2021. THE COURT: That will be marked as Exhibit 3. {Plaintiff's Exhibit 3 is marked for identification.) MR. PRICE: Thank you. Q. And do you recognize this as a copy -- and it -- it's multiple pages -- a copy of the 60-day Notice of Page15 www.aptusCR.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SchoeanHIVS. Transcript of Proceedings Schoenhorn Termination of Tenancy and its related papers that'were prepared at your direction? A. Yes. Q. And did you authorize me, as your attorney, to cause that to be served on Hr. Schoenborn? A. Yes. Q. And the last page of this includes a ~~ what's call a Proof of Service, Declaration of Service, indicating it was served on February 18th, 2021? A. Yes. Q. Following that date, did Leonard Schoenborn vacate the premises? A. No. Q. Are you seeking an order from this Court for possession and restitution of the premises at this time? A. Yes. Q. In order to simplify matters, have you. through your pleadings, authorized me to indicate to the Court that we're not seeking a monetary judgment at this time, just the possession and restitution order? A. Yes. Q. And is that because the monetary iasues can be resolved through the trust action? A. Yes. Q. Have you had your trust attorney, Mr. Lyon, Page16 www.aptusCR.com 10 ll 12 l3 14 15 l6 l7 l8 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn interface or communicate with attorneys on behalf of Leonard Schoenborn? A. Yes. Q. Do you know how many attorneys that has been? A. Three, to my recollection. Best of my recollection, he's had three attorneys. This is the third. MR. PRICE: I have nothing further, Your Honor, at this time. Thank you. THE COURT: All right. Thank you, Counsel. Cross? MR. SANCHEZ: Yes, Your Honor. CROSS~EXAMINATION BY MR. SANCHEZ: Q. Hello, Mr. Schoenborn. A. Hello. Q. Mr. Schoenborn, to your knowledge does the -- did the truSt ever have a lease with Defendant Leonard Schoenborn? A. NO. Q. Has the trust, to your knowledge, ever collected rental payments from Mr. Schoenborn? A. No. Q. To your knowledge, does Defendant Leonard Schoenborn pay any utilities on the property? Page17 www.aptusCR.com 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoenhon1vs. Transcript of Proceedings Schoenbom A. I believe he pays water, yes. Q. To your knowledge, anything other than water? A. Sewer, you know, everything except electric. I have paid electric up until the last month. So yes, he's just paid a few utilities. No, wait. Scrry. All the utilities besides the electric, I believe, he's paying for. Q. Is he paying them currently? A. Currently, yes. Q. And just to clarify, he is also paying electric currently? A. I don't know if he's paid electric currently. I do not know if he has paid an electric bill. Not to my knowledge. Q. Do you know, Mr. Schoenborn, who pays the property taxes on the property? A. I have paid ~- well, my parents paid them, and «n I don't have recollection who is paying the property taxes right now, if it is part of my payment or not. Q. Do you know if Mr. Leonard Schoenborn has been paying the property taxes on the property? A. I do not know. Q. Do you know, Mr. Schoenborn, who pays the home insurance for the property? A. I get a bill for the home insurance. Page18 www.aptusCR.com 10 ll 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 Schoenhon1vs. Transcript of Proceedings Schoenborn Q. And do you knaw who the insurance carrier is? A. I think it’s in my ~~ in my paperwork, yes. I do have the name in my paperwork. Q. Do you know the company name? A. May I reference my papers? THE COURT: Counsel, do you want me t0 have him do so? If he has the papers, I‘m happy to have him take a look at them to refresh his recollection. MR. SANCHEZ: Sure. If I can ~- if I can look at them as well, Your Honor. THE WITNESS: Yeah, I'll bring up my paperwork. I just remembered who it is. It's State Farm. BY MR. SANCHEZ: Q. Mr. Schoenborn, do you recall how long you've been receiving those ~~ those bills fram State Farm? A. No. I think I w" I had a few of them in the beginning, but Leonard stole some accounting documents, or he took some accounting documents, and he hasn't returned them. MR. SANCHEZ: Your Honor, I'm going to object t9 the portion of the -- (Reporter requests clarification.) MR. SANCHEZ: I was objecting -- I was objecting to the portion where he characterized it as Page19 www.aptusCR.com 10 ll 12 l3 14 15 16 1'? 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenborn stealing, as that is a legal conclusion. THE COURT: And I believe that it*s correct of your testimony to say these documents are missing, so the objection is overruled. Thank you, Counsel. MR. SANCHEZ: Thank you, Your Honor. Q. So do you -- Mt. Schoenborn, to your knowledge, do you currently pay the homeowners insurance on the property? A* I don't remember when it was last paid, but I do have a bill and I do have State Farm statements for it. Q. And to clarify ~- A. Leonard does have some of them because he took them and will not return them. I‘ve asked him to return the accounting documents that he took from my vehicle, and he has not returned them upon request. And including a copy of my ~- the trust, as well. He refuses to return accounting documents. MR. SANCHEZ: Your Honor, I will ask that everything after the answer that he doesn't recall when the statements -- when he has been paying them, be stricken as they have no relevance. MR. PRICE: I think it is relevant, Your Honor. I think he gives context to why he doesn‘t PageZO www.aptusCR.com 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Schoenbonlvs. Transcript of Proceedings Schoenborn recall some of those records. So it gives context. THE COURT: Mr. Schoenborn, if there's a Specific question, just answer it as specifically as you can. THE WITNESS: Thank you. MR. SANCHEZ: Thank you, Mr. Schoenborn. Q. And how do you know that these statements are for a homeowners insurance policy? A4 It hasn‘t been something I reviewed récently for -- for the house. So I ~~ it is the same ~~ and in fact, I just had a conversation with our -~ my agent, and he said we are all up to date on -- on insurance. Just had a converSation with him in the last two weeks. He said, we all ~- we're all up to date on homeowners insurance and car insurance. MR. SANCHEZ: Your Honor -- Your Honor, I object t0 that conversation as ~- as comments from the insurance agent as hearsay. THE COURT: It's a broad question, how do you know? And he answered that, how do you know? So I think it is acceptable and I‘ll overrule the objection. BY MR. SANCHEZ: Q. And Mr. Schoenborn, I see that you have the doc -- the ~~ in -- in -- in documents you brought today, do you -- do you have ~~ do you have a copy of Page21 www.aptusCR.com 10 11 12 13 14 15 l6 l7 18 19 2O 21 22 23 24 25 Schoenboniva Transcript of Proceedings Schoenborn those statements? A. I don't think I brought a copy of ~~ of homeowners insurance. Q. Okay. Mr. Schoenborn, is Defendant Leonard Schoenborn a beneficiary of Plaintiff's trust? A. Yes. Q. lnées the trust document, to your knowledge, grant Defendant Leonard Schoenborn ownership interest in the property upon the death of -- upon the death of your parents? MR. PRICE: I‘m going to object, Your Honor. I don‘t want to trouble the Court with lots of objections from here on out about the trust. But as -- as I told Your Honor from the motion heard yesterday, thia is not the proper forum to get into the contents, meaning, and effectiveness of the powers of the trustee or trust itself, because the Defendant filed a separate action addressing that in the probate court in his petition to remove the trustee. So I think that I will object to any questions about content or pcwers of the trustee as both irrelevant and not appropriate for the proceedings before us, in light of pending action that they have initiated. Page22 www.aptuscR.com Schoenbom vs. Transcript of Proceedings Schoenbom l0 ll 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 MR. SANCHEZ: Your Honor, if I may. I‘m just asking Mr. Schoenborn for his position on whether the Defendant Leonard Schoenborn has an ownership interest ~- interest in the property, which is entirely relevant, a8 if he‘s an um if he‘s an owner, then he can not be removed. THE COURT: I think this was an issue that was raised by the Defense. Certainly, issues entitled to -- subject to another litigation, not necessarily here, I think that there is some overlap here. So I will allow the question. But again, I don‘t want to waste too much time on ~~ on -- on issues of title and so forth. If you could just repeat the question, so that Mr. Schoenborn has a full understanding of it. MR. SANCHEZ: Certainly, Your Honor. Q. Hr. Schoenborn, does the trust grant Defendant Leonard Schoenborn an ownership interest in the property upon the death of your parents? A. No. Q. And Mr. Schoenborn, earlier you indicated that you‘re seeking to distribute the assets of the trust proportionately. Is that correct? A. Yes. Q. And on what basis do you claim that authority? PageZB www.aptusCR.com 10 ll 12 l3 14 15 l6 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn A. The trust indicates equal distribution. Q. And you have reviewed the trust document, Mr. Schoenborn? A. Yes. Q. And you indicate your position, Mr. Schoenborn, is that the trust allows for equal distribution? MR. PRICE: I think it's been asked and answered, Your Honor. THE COURT: It has, but Mr. Sanchez -- MR. PRICE: Our legal contention is: Yes, that the trust -- we stipulate the trust provided for equal distribution of all assets to the three beneficiaries. THE COURT: Does that satisfy you, Mr. Sanchez? MR. SANCHEZ: Your Honor, I‘m actually am going to go through a very small portion of ~~ of the trust that is discussed. So I'm not willing to stipulate to that right now. MR. PRICE: Well, I think he answered the question though. Is that correct? MR. SANCHEZ: Yes, I’ll -~ I'll concede that. THE COURT: All right. MR. SANCHEZ: Okay. PageZ4 www.aptusCR.com 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom Q. Mr. Schoenborn, and are you -- and are you aware that there is a pending petition in probate court to remove you a3 trustee of the trust? A. Yes. Q. And have you had an opportunity to review that petition? MR. PRICE:_ Your Honor, I'm going to object to the extent it calls for any attorney~client communication he may have in reviewing this With an attorney. THE COURT: I agree with that. Mr. Schoenborn, you don't have t0 answer any questions that would reveal any attorneyuclient communications. Those are privileged. A11 right. Mr. Sanchez. MR. SANCHEZ: Yes, I can -~ I can rephraSe the -~ the question. Q. Mr. Schoenborn, have you personally read the petition that was filed in the probate action? A. Yes. MR. SANCHEZ: And, Your Honor, I have a copy of that petition here with me, that I would like to mark as an exhibit. THE COURT: Has Counsel seen that? MR. SANCHEZ: Yes, Your Honor. I handed it t0 Page25 www.aptusCR.com 10 ll 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 Schoenbom Vs. Transcript of Proceedings Schoenbom him yesterday. THE COURT: All right. That'll be marked Defense Exhibit A. Just so the record is clear, if you could for our reporter state what the document is. MR. SANCHEZ: Yes, Your Honor. The document is entitled, "Petition to Remove Trustee for Breach Of Trust, Appointment 0f Temporary Trustee, Appointment of Successor Trustee and Attorney's Fees". And it is a petition filed in the County of Santa Clara, Case No. 21PR190282. THE COURT: All right. That‘ll be marked as your Exhibit A. (Defendant's Exhibit A is marked for identification.) MR. SANCHEZ: And Your Honor, briefly, to follow up on that, this -- there was a verification to that petition that was ~~ that was filed following the -~ the original petition. I would like to submit that as B. THE COURT: A11 right. That's the verification to the petition? MR. SANCHEZ: It is a Verified Amended Petition, Your Honor. THE COURT: All right. That will be marked as Page26 wwwapumCRfiom 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn your Exhibit B, Verified Amended Petition. (Defendant‘s Exhibit B is marked for identification.) BY MR. SANCHEZ: Q. And Mr. Schoenborn, do you have a ccpy of that «- that petition in front of you? A. Yes. Q. And is that the document that you read? A. Yes. Q. And if I could please have you, Mr. Schoenborn, go to Exhibit A to that petition. Which I will repreSent to the -- to the Court is a copy of that'trust document underlying the_petition. I MR. PRICE: The declaration, Counsel? MR. SANCHEZ: It’s all Exhibit A, Counsel. Yeah, it‘s -- it's entitled, "Declaration of Trust", and then, following that is the terms Of trust; Your Honor ~- Counsel and Your Honor. If I could have the clerk ~~ (CourtCall disconnected at 10:17 a.m. and resumed at 10:26 a.m.) (Reporter requests clarification.) THE COURT: It seems to me, that most of the conversation that we had, had to d0 with Mr. Schoenborn's interpretation of a particular Page 27 www.aptusCR.com 10 11 12 13 14 15 16 17 ' 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenbom paragraph, most of which was objected to. But if, perhaps, somebody wants to address this issue or summarize what happened, so we have a more complete record. MR. PRICE: Thank you, Your Honor. I'm happy to recite this, and I conclude that Counsel will correct me if I am inaccurate in my recitation. But my mamory of those five or six minutes that were missed, is Counsel for Leonard Schoenborn -~ Schoenborn, was asking questions about the contents of a particular paragraph of the -~ found on page l4 of the Declaration of Trust, at paragraph 15.2.3, entitled, "Distribution". That I, as Counsel for Plaintiff, objected to the vast majority of those questions as calling for a legal conclusion for interpretation of legal language that was included in a document that this Plaintiff did not prepare or authorize the preparation of, because it was prepared by his parents. And we focused on that paragraph, and was only focusing on that paragraph and not the powers of the trustee. And that the overall objection was these are matters that are subject to review in another pending action, the probate action that Defendant Leonard has himself initiated, and are not appropriate for this Pageza www.aptusCR.com 10 11 12 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 Schoenbornvs. Transcript of Proceedings Schoenbom Court, at this time‘ MR. SANCHEZ: I think that I'm good, summarizes a lot of what occurrad in the break, Your Honor. My suggestion would be that, as I understand these proceedings are also being recorded and so we can let that recording also speak for itself as to exactly what was discussed and objected to during the time that was missed. MR. PRICE: So stipulated. THE COURT: And I think that's ~- that's fair. So if there is any gap in the record, there is an electronic recording, as well. So thank you, Madame Reporter, for bringing that to our attention. So with that, now I forget where we were. MR. SANCHEZ: I had a question pending, Your Honor. I can read ~~ I can reuread ~- I can read ~~ repeat that question or say it again. Q. Mr. Schoenborn, ara you saying that the trust gives you the authority to sell the property? A. Yes. Q. And giveé you the authority to sell the property right now? (Reporter requests clarification.) THE COURT: Can you repeat your answer, PageZQ www.athSCR.com 10 11 12 13 14 15 l6 l7 18 l9 20 21 22 23 24 25 Schoenbonivs. Transcript of Proceedings Schoenhom please. THE WITNESS: Within a reasonable period 0f time. BY MR. SANCHEZ: Q. And is that the sole reason why you seek to remove Defendant Leonard Schoenborn from the property? A. No. Q. Is there another reason? A. He became difficult to work with and violent. Q. And just briefly, Mr. Schoenborn, what do you mean by “violent“? A. Well, just as he used to chase my mom through the house, he chased my wife through the house. Q. And just -- just for clarification, ‘Mr. Schoenborn, what house? (Reporter requests clarification.) THE WITNESS: 1453 Wessex AveHUE, L03 Altos, California. THE COURT: Mr. Schoenborn, you have a microphone there. You also have a mask, all right? So -just make sure you project your voice to the microphone. THE WITNESS: Okay. Very good. THE COURT: Mr. Sanchez. BY MR. SANCHEZ: Q. And that is the -- that is the preparty that Page30 www.aptusCR.com 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoenbonzvs. Transcript of Proceedings Schoenborn is at issue in this -- in this action, Mr. Schoenborn? A. Yes. Q. And so would you say that you have been in -- in that property recently? A. Depends 0n what you mean by "recently“. Q. Fair enough. Have you been within that property within the last year, Mr. Schoenborn? A. NO. Q. HOW about the last two years? A. Yes. Q. And before coming into the property did you ever give Hr. Leonard Schoenborn any sort of ndtice that you were coming to the property? A. Yas. Q. And what kind of notice? A. via text. Q. And how much time ahead of the -- of the -- your actual visit did you give him notice? A. Usually, several days. Q. Is there any more exact -- do you have any more exact estimate than “several“? A. NO. Q. Would you say it's a week? MR. PRICE: Your Honor, ma mu Page31 wwwapumCRfiom 10 11 12 l3 14 15 16 17 18 l9 20 21 22 23 24 25 Schoenbonwvs. Transcript of Proceedings Schoenbom THE WITNESS: No. I said, I don't know what "Several" days was at this point. BY MR. SANCHEZ: Q. Mr. Schoenborn, do you currently consider yourself an owner of the preperty? MR. PRICE: Object to form. In what capacity, as a trustee or as beneficiary? THE COURT: 'I think you Should clarify the question. BY MR. SANCHEZ: Q. Mr. Schoenborn, do you consider yourself individually an owner of the property? A. No. Q. Do you consider your brother, Scott Schoenborn, individually an ownar of the\property? A. NO. Q. And do you consider Defendant Leonard Schoenborn individually an owner of the property? A. NO. Q. Mr. Schoenborn, are you altrustae to any other trust? MR. PRICE: Objection, Your Honor, that will g0 into personal financial affairs of the witness. You know, he manages his own family living trust or other things, I don't know if that's relevant to the matter, Page32 wwwapumCRfiom 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn and he's got his own financial privacy rights. THE COURT: Counsel, is there any reason you are asking the question? MR. SANCHEZ: Yes, Your Honor. I want to know his experience as a trustee. I will keep it general and not specific to anything. MR. PRICE: I don't think it is relevant, Your Honor. Parents pick children to be a trustee all the time, no matter what their occupation, background or experience. THE COURT: I will overrule the objection. Mr. Sanchez, don‘t take anything that -- that's personal or might be information that the Court Shouldn‘t be hearing. MR. SANCHEZ: Yes, Your Honor. Q. Mr. Schoenborn ~~ I'll repeat my queStion. Mr. Schoenborn, are you a trustee of any other trust? A. I have my own personal trust for my children. Q. And that is the only one? A. To my recollection. Q. And approximately, how long have you been a trustee of that trust? MR. PRICE: Again, I‘m going to object, Your Honor. I don't think it is relevant and I do believe Page33 www.aptusCR.com 10 11 12 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 Schoenbonmvs. Transcript of Proceedings Schoenbom that it pries into his private financial affairs. THE COURT: I think at this point it is starting to edge towards that way, so I will sustain the objection. MR. SANCHEZ: Okay, Your Honor. I think that‘s all I have. Thank you, Mr. Schoenborn. THE COURT: Mr. Price, any further direct? MR. PRICE: No, Your Honor. THE COURT: Thank you. All right. Before we d0 anything else, I do have these exhibits. Are there any requests that relates to the exhibits that have been marked and identified? MR. PRICE: Yes, Your Honor. Plaintiff asks that exhibits l, 2 and 3 be admitted at this time. And when -- and when Counsel for Defendant Leonard starts t0 ask for Exhibits A and B, I will have an objection. THE COURT: Before we get to that, are there any objections to exhibits l, 2 and 3? MR. SANCHEZ: No, Your Honor. THE COURT: A11 right. Those exhibits will be admitted. Page34 wwwapthRxom 10 ll 12 l3 l4 15 16 17 18 l9 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn (plaintiff's Exhibits 1, 2 and 3' are received in evidence.) THE COURT: As to the other exhibits, Counsel, do you want to wait until you have those -- make a request to have those admitted? What do-you want to do with those? MR. SANCHEZ: I‘ll ~~ I‘ll -- I’ll wait, Your Honor, until after Defendant‘s case. THE COURT: All right. That‘s fine. I think at this point it might be a good point to take our mid-morning break. So we'll take a fifteen-minute recess and then we‘ll come back. And I think we might be able to wrap up the case, from what it looks like. If not, we'll deal with that, too. MR. PRICE: Thank you, Your Honor. MR. SANCHEZ: Thank you, Your Honox. THE COURT: All right. Come back in about fifteen minutes. (Recess.) THE COURT: Mr. Price, I think that was your only witness as I recall, so I believe you have rested your case. MR. PRICE: Yes, Your Honor. I have. Thank you for the admission of the exhibita 1 through 3. We should make sure the court reporter is on. Page35 www.aptusCR.com 10 ll 12 13 14 l5 l6 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbonl THE COURT: Madame Reporter, do we have you? (Reporter assents.) THE COURT: Thank you, Counsel. Mr. Sanchez, I‘ll turn to you now. I‘m going to make an executive decision and I'm going to allow your witness to come up to the witness stand, just because we do now have a remote reporter and I want to make sure that there is a clear record. So, Mr. Sanchez. THE WITNESS: Yes, thank you, Your Honor. The Defense calls Leonard Schoenborn. THE COURT: Mr. Schoenborn, have you come over and stand right over here to be sworn in. Raise your right hand, please. LEONARD SCHOENBORN, called ag a witness for the Defense, having been duly sworn, testified a3 follows: THE WITNESS: Yes, Sir. THE CLERK: Thank you, go ahead. THE COURT: Pull up a Chair, make yourself comfortable. Take your time. Let us know\when you're ready. THE WITNESS: I‘m ready. wwwapMsCR£om Page36 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom Q. A. Q. BY MR. SANCHEZ: Schoenborn that is the Plaintiff in this action? DIRECT EXAMINATION Thank you, Mr. Schoenborn. Could you please provide your full name? Leonard Harold Schoenborn. Thank you, Mr. Schoenborn. And are you the defendant in this action? Yes. Okay, Mr. Schoenborn. Do ybu have any siblings? NO. Siblings, brothers? Yes. And who are -~ who are your brothers? James Schoenborn and Scott Schoenborn. Do you recognize any of them here today? Yes, they are in the courtroom. And is James Schoenborn the same James Say again? I'm sorry, I'll rephrase that. Plaintiff James Schoenborn is your brother? Yes, he is. I Are your parents currently living? NO. Pag337 www.aptusCR.com 10 11 12 13 l4 15 16 17 18 l9 20 21 22 23 24 25 Schoenbonrvs. Transsript of Proceedings Schoenbom Q. A. Crawford. Q. A. Q. A. Q. property? A. Q. A. Q. A. were their names? Sorry. Mr. Schoenborn? Mr. Schoenborn? registration on three cars, the internet, the water ~- did I say that? And what are -- what are their names or what Harold Francis Schoenborn and Nancy Leanne Where do you currently reside, Mr. Schoenborn? 1453 Wessex Avenue, Los Altos, California. Do you pay any rent for living there, No, I don't. Do you have any lease for living there, No, I don’t. And have you ever had a lease? Never. No. Have you ever paid any rent? No. Do you pay any expenses associated with the Yes. What are they, Mr. Schoenborn? For water, for garbage, auto insurance and And did ~- All of them ~~ all of them minus the PG&E, up Page38 www.aptusCR.com 10 11 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn until recently. So the first PG&E bill that I will be paying will be at the end of this month. Q. And why do you have to pay PG&E bills, now? A. The trustee requested that the electricity be shut off last month. Q. And do you pay any property taxes on the property, Mr. Schoenborn? A. Yes, I do. Q For how long? A. For the last two years, 2020 and 2021. Q And do you have an estimate of how much you paid? A. A little over five thousand dollars for each year. Q. And do you know whether -- I‘m sorry. Let me rephrase that. Has the trust ever indicated to you that they will be paying the property taxes? A. No. Q. Do you pay any homeowners insurance or home insurance for -- for the home? A. Yes, I do. Q And how long have you been paying that? A. Since my father passed away. Q And do you know who the insurance carrier is? Page39 wwwapuBCRnom 10 ll 12 l3 14 15 16 17 18 l9 2D 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schuenbom A. Yes, State Farm. Q. And approximately how much have you been paying in -- in homeowners insurance, Hr. Schoenborn? A. It‘s about $1,400 a year. Q. Do you know if that has consistently been the amount over, let's say, the last five years? A. No, it's not. Q. What was the change? A. When was the change? Q. What was the change, sorry. A Oh. From and to? I don't understand the question. Q. I'm sorry. What ~~ what was the change in -- in amount paid? A. Oh, yes. Approximately seven to eight hundred, and I personally upgraded the policy so that -- to a ~~ so that it had a higher deductible. And that raised the premium to approximately $1,300 a month ~~ I mean, a year. Q. And why -- why -- why was that raised? A. I felt the deductible was a little low considering the value of the property. Q. So you receive statements for the home Page4fl www.aptusCR.com 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn insurance? A. Yes, I do. Q. What address do you receive them at? A. 1453 Wessex Avenue, Los Altos, California. Q. And has the trust ever éommunicated that they will be paying the home insurance on the property? A. NO. Q. Okay. And how long have you lived at that property, Mr. Schoenborn? A. Since approximately 20 to 25 years“ Q. And when you lived there, did you live with anybody else? A. My parents lived in that home where I live. Q. And so -- and so you lived with.your parents? A. Yes, I do. Q. Dié anybody else over these last 25 years live there as well, aside from your parents? A. No. Q. Is there any maintenance that you do for the home? A. Yes. Q. And can you just briefly describe what -- what that is? A. I do all of it. I mow the lawns, edge the Page41 www.aptusCR.com 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Transcript of Proceedings Schoenbon1vs. Schoenborn lawns, clean the carpets, clean the house, water all the plants, weed the gardens. You know, water all the ~~ Q. So it u- would it be safe to say that you are in -n in charge of the general maintenance of the entire home? A. Entirely. Yes, I am. Q. And when your parents were living, were you also taking care of the general maintenance of the home? A. Yes, I was. Q. Did you engage in any caretaking activities as to your parents? MR. PRICE: Excuse me, Your Honor. I'm going to object to things that occurred during the lifetime of the parents, as to their health. I don't think it is relevant to our issue. THE COURT: Overrule the objection. MR. PRICE: Thank you, Your Honor. THE WITNESS: Question again. MR. SANCHEZ: May the court reporter read back the question, please? (Record read.) THE WITNESS: Yes. That was my primary responsibility and for the reason I was living in the house at all, is for their caregiving, to take care of them, to do things for them that they couldn't do Page42 www.aptusCR.com 10 ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn themselves. BY MR. SANCHEZ: Q. Could you briefly describe what -- what those responsibilities were? A. Could have been going to tha grocery Store, could have been to go pick up food at a restaurant, it could be to drive my father to a restaurant to go out to lunch or dinner, it could have been the vacuuming, the general maintenance of the house, vacuuming, cleaning. Auto repair. So any time that the cars needed maintenance, I'm -- I'm the one who did all the oil Changes and brake jobs. So all the automobile maintenance I was responsible for. Q. Okay. A. l Yes. Q. And while -- while living there ~- try to narrow the scope. While living there in the last five years, have you had any visits from James Schoenborn? MR. PRICE: Your Honor, I'm going to object going into things that are not relevant to the issue here. THE COURT: Some of this might have been addressed in your client's testimony, so I'll overrule it. Page43 www.aptusCR.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings - Schoenbom THE WITNESS: Question again. BY MR. SANCHEZ: Q. Over the laSt five years, did you have any visits from James Schoenborn at that property? A. Yes. Q. And was your understanding of the visit, a visit Exam -~ just a visit from your brother? A. Yes. Q. Dia you understand the visit was a visit from a landlord? A. NO. Q. Did your parents ever communicate with you that you had to leave the property? A. No. Q. Did your parents aver tell you that you would have to leave the proyerty at their death? A. No. Q. Mr. Schoenborn, do you know why the trust is trying to now sell the property? A. I believe they want a distribution. Q. And do you have any confidence that ~~ that -- that a dis ~~ sorry, a distribution of what? A4 A distribution of the estate assets and the estate itself. Q. Is it your understanding that they want to Page44 www.aptusCR.com 10 ll 12 l3 14 15 16 17 18 l9 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom sell the property and distribute the money that is made on the prOperty? A. That is the way I understand it. Q. And do you have any confidence that you will receive your share of the proceeds? A. No. Q. Why not? A. Because he's bean unfaithful. He's lacked n~ has breached all his fiduciary duties. He's been looting and vandalizing the property since my father passed away. Q. Mr. Schoenborn, just to briefly touch on this. Did you have a -- a bank account jointly with Plaintiff James Schoenborn? A. Yes, I had a joint bank account. There was a joint bank account with James Schoenborn, yes. MR. PRICE: I'll object to that, Your Honor. Perhaps I wasn't clear -- (Reporter requests Clarification.) MR. PRICE: Sure. Excuse me, Your Honor. Perhaps I wasn't Clear when I made reference earlier today about how there's a petition filed in probate court by this individual, Leonard Schoenborn. It’s not just a petition to-remove a trustee. There's also a petition for an accounting. Both issues are Page45 www.aptusCR.com 10 ll 12 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn before this court in a different department in a probate court matter. And so I refrained from objecting to each and every question about expenses or claims, but now we are delving into bank accounts, and a lot of other things, given the length and depth and breadth of the petition filed in another court proceeding. THE COURT: Mr. Sanchez, the point of these proceedings really is with respect to the interest of the home. So as far as related to other matters, it might be somewhat related, but I'm going to ask that you restrict your questions to the relevant issues that we have here today which is possession of the house. MR. SANCHEZ: Certainly, Your Honor. I was just thinking about Plaintiff's prior testimony as to the response that Mr. Schoenborn would have for going elsewhere, and I'm only planning to ask a couple questions with regards to the response, Your Honor. MR. PRICE: All right. If you would like to ask the witneSS about ~- THE COURT: Counsel, go ahead. BY MR. SANCHEZ: Q. And -- and -- and Mr. Schoenborn, do you currently have the -- the funds from that account? A. No. Q. And approximately, how much do you recall Page46 www.aptusCR.com 10 ll 12 13 l4 15 16 1'7 18 19 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings Schoenbom being in that account? A. If I'm understanding that you are referring to the account -- the account that I‘m thinking of, which is a Bank of America account, there was approximately $550,000 in that account. Q. And do you have any knowledge as to where that money is? A. It was defalcated. Q. I'm sorry. Mr. Schoenborn, can you clarify that a little bit? A. It was misappropriated. You want me to clarify? Q. Yeah. A. James Schoenborn went to a Bank of America branch and withdrew all of the funds in a Bank of America account totaling approximately $550,000, that had my name and his name on that account. He withdrew all of that money in its entirety, and I have not seen a dime of it. And it's -- it's only by some chance that I discovered that ~~ that all that money has been missing and gone, and I've not received a dime of it. Q. Just a couple more questions for you, Mr. Schoenborn. Briefly. going back. Has the Plaintiff James Schoenborn ever entered the property without your Page 47 www.aptusCR.com 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom knowledge? A. No. NOt without my knowledge. Q. And has he ever moved items from the preperty without your consent? A. No. MR. SANCHEZ: Okay. That's all I have, Your Honor. Thank you, Mr. Schoenborn. THE COURT: Thank you. Mr. Price, any cross? MR. PRICE: Yes, Your Honor. Thank you. CROSS~EXAMINATION BY MR. PRICE: Q. Good morning, sir. MY name is Harry Price. I represent your brother, James, who is seated to my right. The house in question that you occupy is a valuable piece of property. It's situated in a single-family home in Los Altos, California, correct? A. Yes. Q. And as a valuable property, it has a market value for sale or for lease, correct? A. Yes. Q. Isn't it true that the property in question, if it were appraised for rent on the open market, would Page48 www.aptusCR.com 10 ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings . Schoenborn command over $7,000 a month in rental value? MR. SANCHEZ: Your Honor, that calls for speculation. THE WITNESS: I do not know. BY MR. PRICE: Q. It is true though, sir, isn‘t it, that you have never offered to pay either of your two brothers for the right to be sole occupant of the house since your parental death, correct? A. Yes. Q. And it's true that you do not have the permission to continue to stay in posseasion of the property from your brother, James, in his capacity as trustae of the trust, correct? A. I'm not sure I understand the question entirely. I do not have the pro ~~ provisions to -- clarify that. MR. PRICE: I will repeat my question and explain any words that are confusing. Let me show you my copy of Exhibit 3. If I may approach the witness, Your Honor? THE COURT: Hand that over to the deputy, who can hand that over to the witness. BY MR. PRICE: Q. Mr. Schoenborn, you've been handed Exhibit 3, Page49 www.aptusCR.com 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom a copy of the 60-day notice on the related case. Do you recognize this? A. I believe I've seen that before. That‘s correct. Q. And isn‘t it true that, since that date that you received them, that you have not had permission from your brother, James, as trustee of the trust, to stay in occupancy of the premises? A. No, we have not been in communication at all about anything. Q. Other than through attorneys, you mean? A. Correct. Q. Because you have had attorneys in the past and continue to employ attorneys, correct? A. Yes. Q. Your father had ~- had ~n let me start over. It‘s also true -- correct me if I'm wrong -- that at no time preceding that 60~day notice have you ever provided anything in writing saying: I'm entitled to stay there because of the Tenant Protection Act of COVID? A. NO. Q. It is correct you never gave any written notice about that, correct? A. Right. We have not been in communication Pageso wwwapumCR£om 10 11 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 SchoenbOHIVs. Transcript of Proceedings Schoenbom Since January 20th 0f 2020. 24th. January 24th. Q. And I'm only going to touch on this briefly, but in answer to your Counsel's questiona about bank accounts, whatever, you -- you qualified your answer by saying: If we're talking about this particular account? A. We were talking about -- I think one particular account. He did not qualify or clarify which account, but I'm assuming it‘s the Bank of America account. Q. Isn‘t it‘also true, though, that you have received payment on death ~~ payment since the death of your parents in excess of $500,000? A. I believe so. I don't recall exactly, but -- it could total that amount, nearly. MR. PRICE: I have no further questions, Your Honor. THE COURT: Thank you. Mr. Sanchez, anything else? MR. SANCHEZ: No, Your Honor. THE COURT: All right, thank you. Mr. Schoenborn, thank you. You are excused. You can return back to your attorney, if you like. Could you hand that back? Thank you. Mr. Sanchez, any further witnesses? MR. SANCHEZ: No, Your Honor. PageS1 www.aptusCR.com 10 ll l2 13 l4 15 16 17 18 19 20 21 22 23 24 25 Schoénhon1vs. Transcript of Proceedings Schoenbom THE COURT: A11 right. Do you have anything further? MR. SANCHEZ: No, just the request that Exhibits A and B be admitted, Your Honor. THE COURT: Mr. Price, do you want to be heard on that? MR. PRICE: Yes, Your Honor. First of all, I do recognize that judicial notice has been filed in another courtroom. I understand that, technically, they would be admissible as a publicly filed document. But I do not believe that they are relevant to today's proceedings. They are simply a set of contentions of one party filed and Claimed in another action, and there were n0 questions of this witness about these documents. So we have simply no context to these, other than what I have already acknowledged that they were filed and they contain contentions of the party. THE COURT: Mr. Sanchez? MR. SANCHEZ: Yes, Your Honor. They are relevant in that, as stated in -- in the answer to these preceedings, title 0f the property is at issue and one 0f our defenses is that that makes unlawful detainer the improper form to resolve u- to resolve this issue before the Court today. PageSZ www.aptuscRoom 10 ll 12 13 14 15 16 1‘7 18 19 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings Schoenbom So they are relevant as to an affirmative defense that we have presented to the merits of -- of the defenses to the question that they are relevant to these proceedings for the purposes of supporting that affirmative defense, Your Honor. THE COURT: All right. Thank you. The Court can take judicial notice of these kind of documents. However, what weight the Court gives them may be something different. But Exhibits A and B will be admitted. (Defendant's Exhibits A-and B received in evidence.) THE COURT: Mr. Sanchez, anything else? MR. SANCHEZ: If I may just have a brief closing, Your Honor, just for the record. THE COURT: Before we get to that. Mr. Price, anything in rebuttal? Any witnesses in rebuttal? MR. PRICE: No more witnesses, no more documentary evidence, Your Honor, thank you. THE COURT: All right. I believe both sides have rested, so I'm happy to open up to brief argument. Mr. Price, I'm happy to start with you. We are running a little bit late, so I'm going to ask both sides keep it as brief as possible, but I do want to Page 53 www.aptusCR.com 10 ll 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom hear from you. Mr. Price, you may proceed. MR. pRICE: Thank you. I want to thank you, Your Honor, for your consideration both yesterday and today. In light of the paperwork filed in relation to the motion for summary judgment, I will keep my comments very brief. I think Your Honor is very well aware of the issue. As I have said today during objections or during other statements that I made, the parents, in their wisdom, consulted with and created an estate planning document. This Plaintiff did not create those estate planning documents. He is not the author of them. The parents, in their wisdom, selected one of their three Children. Not all three. Sometimes, parents choose all three. In this case they chose one succeeding trustee, who had, in turn, that provided that all the rights that they, the parents had, to own and operate the asset. _ Afld both sides testified that the Plaintiff is seeking to liquidate the assets so that can be distributed cash proceeds equally to all three beneficiaries. Had the trust Specified a particular asset to a particular beneficiary, that would be a different Page54 www.aptusCR.com Schoenbon1vs. Transcript of Proceedings Schoenbom 10 ll 12 13 14 15 l6 l7 18 19 2O 2l 22 23 24 25 conversation. But that did not occur here. And so the trustee has the power and the duty to try t0 maximize value for the benefit of everYone. And that‘s what he has sought to do. And he has explained his reasons why. The Defendant, which is his brother, Leonard, has acknowledged those reasons as the reasons why to liquidate. - Whether 0r not the océupant has paid some miscellaneous expenses for the occupancy of the house, is not relevant in that many occupants pay utilities and maintenance when they are a tenant or occupant. He certainly is not paying fair market rental value or even two-thirds of fair market rental value. There‘s no lease, there‘s no possession agreement of any kind. He started out as a guest of his parents. That time is over. I'm sure it was emotionally draining for all three beneficiaries to lose their last parent, and I'm sure it is dismaying to Leonard to have to vacate a property he has lived in for apparently more than two decades. But life moves on and now is the time 'when the trustee must sell the house so that all parties can move on to their separate lives. Thank you, Your Honor. THE COURT: Thank you, Mr. Price. Mr. Sanchez. Page55 wwwapumCR£om 10 ll 12 13 l4 15 l6 1'7 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenbom MR. SANCHEZ: Thank you, Your Honor. I would like to go with statements from Plaintiff's Counsel, thank ~~ and thank your Court for your time, as well as for your ~~ your granting us a itcourt reporter here today. I know it was somewhat was untimely, but we sincerely thank the Court for all your considerations. I would like to address, first, this argument with regards to the trust, Your Honor. The trust -- Plaintiff may have not -- may not have been involved in the formation of the trust, but is governed by the terms of the trust, as trustee. And the trust, Mr. Price is correct, that it said a lot of things. It could have said that upon the death of the parents that -- that the assets of the trust are to be managed and the beneficiaries are entitled to income from ~~ from the trust assets. That's not what it says. It Specifically says that upon the death of the settlers, the assets shall be distributed. How do you distribute a home? You Change title of the home to those who are now owners of the home. There is no mention of a sale or anything like that. There's no mention of liquidation or anything like that. Had the trust said that Plaintiff Schoenborn can continue to managé the trust as before the death of PageSB www.aptusCR.com 10 ll 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings “‘ Schoenborn parents and give the beneficiaries income from the trust, it could have said that. But it does not. It says to distribute to the beneficiaries such that now the beneficiaries are the owner. And because the beneficiary is an owner in this case -- and in this case, Defendant Schoenborn ~- he would not pay rent, because he's an owner. He would not be subject t0 a lease, because he's an owner. And to further -- to further add on this, testimony today has shown that Defendant Schoenborn does not just pay miscellaneous costs. He pays the property taxes and the home insurance; which are characteristic of an owner not a tenant. SO testimony today has shown that the relationship between Mr. Schoenborn and the trust is not one of landlord-tenant, or something akin to that, that could be subject t0 an unlawful detainer proceeding, but rather, he is an owner of the property and should be on title. Now, Plaintiff has not done that. And that is an issue in the probate proceedings, his failure to do that, and we are alleging that that is a breach of fiduciary duty. But the fact that he hasn't done that, does not mean that he can now remove a rightful owner from the property and sell the property. It means, that Page57 www.aptusCR.com 10 ll 12 13 l4 15 l6 1'7 18 l9 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings - Schoenborn he's supposed to hold it and change title to the rightful owners, who include not only Mr. Leonard Schoenborn but also Plaintiff himself. And if he wants t0 sell the property after title has changed, he can, through a partition by sale. He has all his rights to exercise as a tenant in common. But that proceeding has not been brought. Instead, what has been brought is summary and unlawful detainer, a proceeding that is improper because Defendant Schoenborn is an owner and because there is n0 landlord-tenant relationship or anything akin to that. And with that: I thank the Court once again. THE COURT: All right. Thank you. Mr. Price, do you have anything further? This is your burden, so you if want to have last word, you have the opportunity. MR. PRICE: Thank you, Your Honor. Just one last comment. I ~~ I prepared before yesterday a preposed order of judgment. And in that proposed order of judgment I specifically stated, quote: Without prejudice to the rights of Defendant Leonard to seek whatever relief he is seeking in the other pending action, that it is without prejudice to my client's rights t0 seek compensation for occupancy. Page58 www.aptusCR.com 10 ll 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 Schoenbon1VS. Transcript of Proceedings Schoenborn We are not seeking monetary relief today, and without prejudice to either side to seek attorney's fees or costs in another forum, another time. So we are trying to keep this as Simple and straightforward as posgible, and that‘s what this proposed order provides. (Reporter requests clarification.) MR. PRICE: I‘ll repeat. Your Honor, I've prepared before yesterday a proposed order of judgment that specifically stated in it that quotes, "without prejudice", close quote, to Defendant Leonard Schoenborn to seek whatever remedy he wishes to purSue in the pending probate action. It i3 also without prejudice to the right of Plaintiff to seek compensatory damages for the value of the occupancy and/or attorney‘s fees 0r costs incurred, all of which can be done in a separate forum. So this matter is Simply for possession and occupancy of the ppoperty. I will submit it t0 Your Honor for reference, and as -- THE COURT: Hold 0n to that for just a second. I will state that there is n0 res judicata. Whatever this Court decides will not effect what is going on in a different courtroom on the related matters. However, what I would like to do is take about Page59 www.aptusCR.com 10 11 12 l3 l4 15 16 1'7 18 19 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings Schoenborn five or ten minutes so I can review the exhibits that have been admitted, so I can take a Closer look at them. Rather than take it under submission now, which I'm hoping I won't have to do, I will take a few minutes to review here. And when I'm done, I'll come back out and I‘ll try to make a decision on it. I will be back in about five to ten minutes. Hang tight, be patient, and I'll be back with you. MR. PRICE: Thank you, Your Honor. MR. SANCHEZ: Thank you, Your Honor. (Recess.) THE COURT: Thank you everyone for your patience. The matter is now submitted. The Court has considered the testimony of the parties and the Court has considered the reSpective arguments made by Counsel. These are always tough matters. And yOu know, What‘s before the Court is not just a legal matter, it's a family matter. And I know that, whatever the Court decides today, this will continue to go on. However, Plaintiff is trustee of the trust to which all three brothers are beneficiaries: Leonard, Scott and James. Trustee has the power t0 decide on the distribution of assets of the trust, according to the PageBO www.aptusCR.com 10 ll 12 13 14 15 l6 l7 l8 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn terms of the trust. And I know we had a more lengthy discussion about that yesterday. What appears t0 the Court, and I think from mm from both the evidence and the testimony of both parties, is that Leonard, prior to Harold's passing, was a guest and/or servant. And I think that was established by not just James‘ testimony; but also by Leonard‘s testimony. To that end, trustee has the power to decide on the disposition of the house. And I understand that there's argument that there is a breach 0f fiduciary duty. That may or may not be the case. That‘s for another court to decide. It's not for me to decide. And what this Court decides today will have no effect on that other matter. But I believe that the evidence has clearly established that Leonard is a guest, and that the trustee has decided t0 sell the home to distribute the value of the home equally among the beneficiaries of the trust. A 60~day notice was served timely and properly, and then Leonard continues to maintain possession of house. ‘ So Leonard, I -~ I understand that you have been there for a very long time. You have been there for 20 years, 25 years. It's your home. I get it. You PageB1 www.aptusCR.com 10 ll l2 l3 l4 15 l6 17 18 l9 20 21 22 23 24 25 Schoenborn vs. Transcript of Proceedings Schoenborn cared for your parents, you cared for the house. The Court doesn't dispute that at all. But in an unlawful detainer, there are just certain elements, very narrow, that need to be made. And in this case, I believe that the Plaintiff has met those elements and met its burden in establishing that there is simply an unlawful detainer. I get your arguments. I think your attorney did a fantastic job representing you. I just disagree legally that ~- I disagree with his legal position on this matter. So having said that, I believe that the Plaintiff has met its burden and judgment will issue for Plaintiff for possession only. And Mr. Price; I believe you have a proposed form of judgment. Mr. Sanchez, have you taken a look at that? MR. PRICE: Yes, Your Honor. I'm handing it to Counsel. I can inter ~- interlineate his name instead 0i Mr. Christofferson's name. THE COURT: Mr. Sanchez, do you have any objection to -- I'm sure you have an objection to the order, but do you have an objection to the way it is written by Mr. Price? MR. SANCHEZ: Thank you, Your Honor. Page62 www.aptusCR.com 10 ll 12 l3 14 15 l6 17 18 l9 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenborn If I may? THE COURT: Take your time. MR. SANCHEZ: I‘m sorry, Your Honor. AS to Item No. l, it does indicate restitution and possessiofi on page 2. THE COURT: I think by "restitution", I think he means restitution of the premises and not monetary restitution. MR. SANCHEZ: I understand. It looks good to me, Your Honor. THE COURT: With everyone's permission, I can go ahead and cross out Mr. Christofferson's name. Mr. Sanchez, I think you put down -- you spell your first name a little bit differently than I'm used to. So if you can make sure I get it right, if you could spell your first name. MR. SANCHEZ: Yes. It'S G-i-u-l-i-o. THE COURT: Thank you. I'll go ahead and initial that. I I have reviewed the proposed judgment, and I will date and sign it. This is for James and for Leonard. I think your attorneys today did a very admirable job in stating and arguing your respective positions. You are in very good hands. I know that this is not going to end here. PageB3 www.aptusCR.com 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 Schoenbom vs. Transcript of Proceedings Schoenborn This will g0 on. I was very impressed by both lawyers today how they handled the cause, how they presented their arguments. So with that, I will hand over both the judgment, and I will also hand back the exhibits. The top is for Defendant and the bottom is for Plaintiff. All right everyone. I do wish everyone the best of luck with this, all right? MR. PRICE: Thank you, Your Honor. MR. SANCHEZ: Thank you, Your Honor. MR. PRICE: May I speak to your clerk about how I go about filing this? THE COURT: You can take it downstairs right now and do it, because you can't walk out of the building with the signed -~ unfiled signed order. You can take it right down now and get it filed. MR. PRICE: Thank you, Your Honor. THE COURT: Mr. Sanchez, if you want to go down with him, the clerk will provide you a copy of the order. MR. SANCHEZ: Thank you, Your Honor. (Proceedings concluded at 11:49 a.m.) a--OOO-m~ Pagefi4 www.aptusCR.com 10 ll 12 l3 14 lS 16 1'7 18 19 20 21 22 23 24 25 Schoenbon1vs. Transcript of Proceedings Schoenbom State of California } County of Santa Clara ) I, Tamra Elaine Keen, Certified Shorthand Reporter, in the State of California, do hereby certify: That I was present via CourtCall at the time of the above proceedings; That I took down in machine shorthand notes all proceedings had and testimony given; That I thereafter transcribed said shorthand notes with the aid of a computer; That the above and foregoing is a full, true, and correct transcription of said shorthand notes, and a full, true and correct transcript of all proceedings had and testimony taken to the best 0f my ability; That I am not a party to the action 0r related to a party or counsel; That I have no financial or other interest in'the outcome of the action. DatedzAugugt 04, 2021 Cfléwuktégbkflfifiiflg Tamra Elaine Keen, CCRR, CLR, RPR, CSR No. 5404 PageGS www.aptusCR.com Schoenhorn vs. Transcript of Proceedings Schoenborn 20 41:11 61:25 accept 12:1 agents 15:2 3 2012 10:8 acceptable 21:21 agree 25:11 $1,300 40:20 $1,400 40:4 $500,000 14:8 51:12 $550,000 47:5,16 $7,000 49:1 «~~OGo-n 5:3 64:23 1 1 912,3,8 34:16,?! 35:1,24 63:4 10:17 27:20 10:26 27:21 102k! 9:15,16,19,20 11 10:19 11:49 64:22 11th 9:17 14 12:2 28:11 1453 8:7 30:17 38:6 41:4 2019 10:11 12:2 2020 39:10 51:1 2021 5:1 10:20 15:19 16:9 39:10 20th 51:1 21PR190282 26:11 23 5:1 24th 51:1 25 41:11.17 61:25 3 157172021 34:16, 21 3511,24 4920,25 4 5:2 60-day 15:17.25 50:1. 18 61 :20 2 10:1T,20,22,23 11:10 34:16.21 35:1 63:5 15.2.3 23:12 7 18th 15:1916:9 7th 10:8 1991 9:19,2o1o:19 19th 10:11 9 9 5:4 2 A am. 27:20.21 64:22 able 5:20 35:13 access '15: 1 3 account 45:13,15.16 46:23 4T:1,3,4,5,16, “I7 51:5,7,8,9 accounting 1 9:18.19 20:16,19 45:25 accounts 13:24 46:4 51:4 acknowiedged 52:17 55:6 Act 50:20 action 7:23 12:16 16:23 2219,24 25:19 28:24 31:1 37:7,19 52:14 58:24 59:12 activities 42:10 actuai 31:19 add 57:9 added 11:5 address 5:19 28:2 41:3 56:8 addressed 43:24 addressing 22:19 admirable 63:23 admissibie 52:10 admission 35:24 admitted 34:17.24 35:5 52:4 53:10 60:2 affairs 32:23 34:1 affidavit 10:13,?8 affirmative 53:1,5 agent 21:11.18 agreed 14:17 agreement 5:21 55:14 ahead 31:18 36:19 46:20 63:12,18 akin 57:16 58:11 aiieging 5?:22 ailow 14:18 23:10 36:5 allows 24:6 Aitos 8:8 30:1 7 38:6 41:4 48:19 Amended 26:23 27:1 America 47:4,14,1 6 51 :8 amount 40:6,14 51:14 andlor 59:15 61 :6 answer 20:21 21:3 25:12 29:25 51 :3,4 52:22 answered 21 :20 24:9, 21 anybody 41:13,17 apparently 55:19 appearing 5113,16 appears 9:15 61:3 appointment 5:23 26:8 appraised 48:25 approach 49:21 appropriate 22:23 28:25 Index: $1,300-appropriate www.aptusCR.com Transcript of Proceedings Schoenbom vs. Schoenbom approximately 33:22 40:2,1 7,20 41 :11 46:25 47:4,“! 6 April 10:19 arguing 63:24 argument 53:22 56:8 61 : 1 0 arguments 60:1 6 62:8 84:3 aside 41:18 asked 281152658 asking 23:2 28:10 33:3 asks 34:16 assents 36:2 asset 54:1924 assets 13:21 14:24 23:21 24:13 44:23 54:21 56:15,'}7,19 80:25 associated 38:17 assuming 51:8 attention 29:14 attorney 11 :18,20,22 18:7 15:2 16:4.25 25:10 51:22 62:8 attorney's 26:9 59:2, 15 attorney-client 25:8. 13 attorneys 17:1 ,4,6 50:1 1,13,14 63:23 audio 11:6 author 54:13 authority 23:25 2920,22 authorize 16:4 28:18 authorized 16:18 auto 38:21 43:10 automobile 43:12 Avenue 8:7 30:17 38:6 41 :4 aware 25:2 54:8 B back 9:5 11:4 35:12, 17 42:1 9 47:24 5122,23 60:5,7,8 64:5 background 33:9 bank 45:13.15,16 46:4 47:4.14,15 51:3,8 banking 13:24 based 13:16 basically 15:4 basis 23:25 bears 9:12 beginning 19:18 behalf 11:1? 17:1 believe 18:1,? 20:2 33:25 35:21 44:20 50:3 51:13 52:11 53:21 61:15 62:4,12, 15 beneficiaries 24:14 54:23 55:17 56:16 57:1,3,4 60:22 61:18 beneficiary 22:6 32:7 54:25 57:5 benefit 55:3 best 17:5 64:8 hill 18:13.25 20:11 39:1 bills 19:16 39:3 birth 12:12 bit 8:1 ,12 47:10 53:24 63:14 bottom 11:14 15:18 64:6 brake 43:12 branch 47:15 breach 26:7 57:22 61 :1 O breached 45:9 breadth 46:5 break 11:9 29:3 35:11 brief 53:14,22.25 54:7 briefly 26:1 6 30:1 0 41:23 43:3 45:12 47:24 51:2 bring 19:11 bringing 29:13 broad 21:19 brother 14:1,14 15:6 32:14 37:22 44:7 48:15 49:13 50:7 55:5 brothers 14:24 37:12, 14 49:7 60:22 brought 21 :24 22:2 58:7,8 building 64:15 burden 6:18 58:15 62:5.13 C California 5:1 8:8 30:18 38:6 41 :4 48:19 call 6:19,22 16:8 called ?:10 36:16 calling 23:15 calls 25:8 36:11 49:2 capacity 32:6 49:13 car 21:15 care 4218,24 cared 62:1 caregiving 42:24 caretaking 42:10 carpets 42:1 carrier 19:1 39:25 cars 38:22 43:10 case 26:10 35:8,13, 22 50:1 54:16 57:6 61:11 62:4 cash 14:4 54:22 cause 10:12 16:5 64:2 certain 62:3 certainly 23:8,15 46:13 55:12 cetera 15:2 chair 7:15 36:20 chance 12:22 47:19 change 40:8,9,10,14 56:20 58:1 changed 58:5 changes 43:12 characteristic 57:12 characterized 19:25 charge 42:4 Index: approximatelyucharge www.aptusCR.com Schoenbom vs. Transcript of Proceedings Schoenborn chase 30:12 collate 13:21 consent 48:4 14 33:2 34:17 35:3 chased 30:13 collected 17:22 consider 32:4,“! 1,14, 36:3 46:20 56:3 80:16 62:1 9 children 12:10,“ .20 33:8,19 54:15 choice 15:1 choose 54:16 chose 54:16 Ghristofferson's 62:20 63:12 City 8:7 claim 23:25 claimed 52:14 claims 46:3 Clara 5:1 9:21 10:21 26:10 clarification 5:11 9:7 10:25 13:11 19:23 27:22 29:24 30:14, 16 45:19 59:8 clarify 18:10 20:13 32:8 47:9,12 49:17 51:7 clean 42:1 cleaning 43:9 clear 26:4 36:8 45:18, 21 clearly 61:15 clerk 5:4 7:8,7,’i3,25 9:5 13:12 27:19 36:1 9 64:1 1 .19 client 7:1 client's 43:24 58:24 close 9:14 12:2 59:10 closer 60:2 closing 53:15 come 35:12:17 36:6, 12 60:5 comfortable 36:21 coming 31:1214 Comm 5:2 command 49:1 comment 58:18 comments 21:17 54:7 common 58:6 commonly 8:7 communicate 17:1 44:1 2 commUnicated 41 :5 communication 25:9 50:9,25 communications 25: 14 community 13:16 company 19:4 compensation 58:25 compensatory 59:14 complete 28:4 concede 24:23 conclude 28:6 concluded 64:22 concIUSion 20:1 28:1 6 confidence 44:21 45:4 confusing 49:1 9 connection 13:23 17 consideration 54:5 considerations 56:7 considered 60:15,16 considering 40:24 consistenfly 40:5 consulted 54:11 contain 11:14 52:18 content 22:22 contentien 24:11 contentions 5213,18 contents 1 5: 1 0 22:1 6 28:10 context 20:25 21:1 52:1 6 continue 49:12 50:14 56:25 60:20 continued 15:13 continues 61 :21 conversation 21:11, 13,17 27:24 55:1 copy 8:25 9:5 15:24, 25 20:18 21:25 22:2 25:21 27:5,12 49:20 50:1 64:19 comer 9:12 correct 20:2 23:23 24:22 28:6 48:1922 49:9,14 5024.12.14, 17,23,24 56:13 costs 57:11 59:3,15 counsel 6:9,18 7:2 8:25 9:22 11:7 17:10 19:6 20:5 25:24 27:14,15,18 28:6,9, Counsel's 51 :3 County 9:21 10:21 26:10 couple 46:16 47:22 course 7:7 court 5:9,18,19,22,24 6:2,3,5,6,12.16,24 714,16 9:1,“!022 10:22 11:1,4 12:18 13:5,15 15:20 16:14, ‘19 17:10 19:6 20:2 2112,19 2213,19 23:7 24:10,15.24 252.1124 26:2,‘12, 21,25 27:1223 29:1, 10,25 30:1923 32:8 332.1133 34:2,8, 10,20,233 3523,5337, 20,25 36:1,3,12,20 4216,19 43:23 45:23 46:1 ,2,6,7,20 48:9 49:22 51 :17,2{} 52:1,5,19,25 53:6,7, 8,13,16,21 55:24 5613.5,6 58:12,“!3 5920,22 60:12.14, 1518,19 613,122.13 62:2,21 632,631.18 64:13.18 courtcall 5:10 6:6 27:20 courtroom 37: 1 7 52:9 59:23 COVID 50:21 Crawford 38:4 create 54:12 created 54:11 www.aptusCR.com Index: chasewcreated Transcript of Proceedings Schoenbom Vs. Schoenborn criminal 13:8,16 cross 17:11 48:10 63:12 GROSS- EXAMINATION 17:13 48:12 currently 1833,11 , 12 20:8 32:4 37:24 38:5 46:23 D damages 59:14 date 12:4 16:11 21:12,?4 50:5 63:21 dated 10:19 15:18 day 11:23 days 31:20 32:2 deal 13:7 35:14 death 10:12,13,18 12:45.24 13:19 1422,17 22:10 23:18 44:16 49:9 51:11 56:14,18,25 decades 55:20 deceased 10:4 decide 60:24 61:9,12, 13 decided 61 : 1 7 decides 59:22 60:20 61 :1 3 decision 36:5 60:6 declaration 16:8 2?:14.16 28:12 deductible 40:19,23 deed 8:25 9:11 10:2 defalcated 47:8 defendant 5:8,16 6:14 12:15 1711824 2253,18 23:3,16 28:24 30:6 32:1? 34:18 37:7 55:5 57:6,10 5810,22 59:11 64:6 defendant's 26:14 27:2 35:8 53:11 defense 23:8 26:3 36:11,16 53:2,5 defenses 52:23 53:3 delving 46:4 department 5:2 46:1 Depends 31:5 depth 46:5 deputy 49:22 describe 41:23 43:3 designation 12:23 detainar 52:24 57:17 58:9 62:3,? different 8:2 46:1 53:9 54:25 59:23 differently 63:14 difficult 30:9 dime 47:19.21 dinner 43:8 direct 7:18 34:8 37:1 direction 16:2 dis 44:22 disagree 62:9,10 disconnected 27:20 discovered 4?:20 discussed 24:1929:7 discussion 11:3 61:2 dismaying 55:18 disposition 81:9 dlspute 62:2 distribute 23:21 45:1 56:20 57:3 61:17 distributed 54:22 56: 19 distribution 14:5 24:13.13 28:13 4420,2223 60:25 divide 14:23 doc 21 :24 document 8:25 9:24 10:17 H110 22:8 24:2 26:5,6 2728.1 3 28:1? 52:11 54:12 documentary 53:20 documents 19:18:19 20:3,16,19 21:24 52:15 53:8 54:13 dollars 39:13 downstairs 64:13 draining 55:16 drive 43:7 duly 7:10 36:16 duties 45:9 duty 55:2 57:23 61 :11 E earner 23:20 45:22 easy 6:16 edge 34:3 41:25 effect 59:22 61:14 effective 12:2 effectiveness 22:17 eight 40:17 either 49:7 59:2 eiectric 18:3,4,7.‘i 1, 12,13 electricity 39:4 electronic 29:12 elements 62:3,5 emotionally 55:16 employ 50:14 engage 42:10 entered 47:25 entire 42:4 entirely 23:5 42:6 49: 16 entirety 47:18 entitled 8:25 9:11 10:18 15:17 23:8 26:7 27:16 28:12 50:19 56:16 equal 24:1,5,13 equally 14:24 54:22 61 :1 8 Erik 5:2 estabiished 61:7.16 establishing 62:6 estate 15:1 44:23.24 54:1 1 ,1 3 estimate 31:22 39:11 et 15:2 event 12:24 everyone's 63:11 evidence 35:2 53:12, 20 61:4,15 exact 3121,22 exactly 29:6 51:13 www.aptusCR.com Index: criminaI-exactly Transcript of Proceedings Schoenbom vs. Schoenbom EXAMINATION 7:1 8 37:1 excess 51:12 Excuse 42:12 45:20 excused 51:21 executive 36:5 exercise 58:6 exhibit 9:2,3,8 10:17, 22,23 11:10 15:17, 20,21 25:23 26:3,13, 14 27:1,2,11,’E5 49:20.25 exhibits 34:12,13,16. 18,21,23 35:13.24 52:4 53:9,‘11 60:1 64:5 expenses 38:1 7 46:3 55:9 experience 33:5,10 explain 49:19 explained 55:4 extent 25:8 F fact 21:11 57:23 failure 57:21 fair 29:10 31:6 55:12. 13 famiiiar 8:6,10 family 10:19 12:9 32:24 60:19 fantastic 62:9 far 13:19 14:11 46:9 Farm 19:13,16 20:11 40:1 father 10:9 1 2:4 39:24 43:7 45:10 50:16 February 15:19 16:9 fees 26:9 59:2,15 felt 40:23 fiduciary 45:9 57:23 61 :11 fifteen 35:1 8 fifteen-minute 35:12 filed 22:18 25:19 26:10.18 45:22 46:6 52:9,11,13,17 54:6 64:16 filing 64:12 _ financial 13:24 14:1, 10 32:23 33:1 34:1 fine 5:25 35:9 first 5:19 8:24 9:12 11:15 14:22 39:1 52:8 56:8 63:14,16 five 28:8 39:1 3 40:6 43:18 44:3 60:1,? focused 28:20 focuaing 28:21 follow 26:17 following 10:12 13:19 14:2,17 16:11 26:13 27:17 follows 7:11 38:17 food 43:6 forget 29:15 form 14:4 32:6 52:24 62:1 6 formation 56:1 1 forth 23:12 forum 22:16 59:3,16 found 28:11 Francis 8:18 38:3 front 11:10 27:6 fuil 23:14 37:4 funds 46:23 4?:15 further 17:8 34:8 51:1524 52:2 57:9 58:14 governed 56:12 grant 6:7 22:9 23:16 granting 56:4 grocery 43:5 grounds 13:13 guass 6:6 guest 55:15 61:6,16 Gulllo 5:8,16 G G-I-U-L-l-O 63:17 gap 29:11 garbage 38:21 gardens 42:2 general 33:5 42:4,8 43:9 gentlemen 8:1 gift 14:15 give 31:13.19 57:1 given 8:24 46:5 gives 20:25 21:1 2920,22 53:8 go 24:18 27:11 32:23 36:19 43:6,? 46:20 56:2 60:20 63:12.18 6411,1238 going 13:13.9,13 15:16 19:21 22:12 24:18 25:7 33:24 36:4,5 42:12 43:5,202? 46:10,15 47:24 51 :2 53:24 59:23 63:25 good 5:12.15 29:2 30:22 35:10 43:14 63:10.25 H hand 7:8 9:1 36:14 4922,23 51 :23 64:4, 5 ' handed 25:25 49:25 handing 62:18 handled 84:2 hands 63:25 Hang 60:8 happened 28:3 happy 19:7 28:5 5322,23 Harold 8:18 10:9 37:5 38:3 Harold's 61:5 Harry 5:6,13 48:14 health 42:14 hear 6:2 7:2.4 54:1 heard 22:15 52:5 hearing 33:14 hearsay 13:4 21:18 held 8:21 Hello 17:15,16 help 11:6 Index: EXAMINATION-help www.aptusCR.com Transcript of Proceedings Schoenborn Vs. Schoenbom higher 40:19 hoid 58:1 59:20 home 1823,25 39:20, 2'1 40:25 41:6,14,21 42:5,8 46:9 48:19 5620,21 5?:12 61:17,18,25 homeowners 20:8 21:8,14 22:3 39:20 40:3 Honor 5:5,12 6:1,10, 15,21 725,14 9:8 10:17 11:8 13:3,9.18 1729,12 19:10,.21 20:6,20.25 21:?6 2212,15 23:1,15 24:9,17 2527,21 .25 26:6.16,24 27217218 28:5 29:4.17 31:25 32:22 33:4,8,15,25 34:53.1 5,22 35:8, 15,18,213 36:10 4212,17 43:20 45:1720 48:13,” 48:7,11 49:2‘21 51:16.1925 52:4,7, 20 53:5,15,20 54:4,8 55:23 56:1,9 58:17 59:8,18 80:9,10 6218,25 63:3,10 84:9,10,17,21 hope 6:2 hoping 60:4 house 8:13.15 14:22 15:10 21:10 30:13, 15 42:1,24 43:9 46:12 48:17 49:8 55:9,2'? 61:9,22 62:1 hundred 40:17 identification 9:4 10:24 15:22 26:15 27:3 identified 34:14 identify 9:9“ impressed 64:1 improper 52:24 58:9 - inaccurate 28:? include 58:2 included 15:1 28:17 includes 16:7 inciuding 13:24 20:1 8 income 56:16 57:1 incurred 59:15 indicate 9:13 16:18 24:5 63:4 indicated 23:20 39:17 indicates 24:1 indicating 16:9 individual 45:23 individualiy 3212,15, 18 information 33:13' initial 63:19 initiated 22:25 23:25 insurance 1824,25 19:1 20:8 21:8.12, 15,18 22:3 38:21 3920,21 ,25 40:3 41:1,6 57:12 intention 14:23.25 inter 62:19 interest 22:9 23:4.17 46:8 interface 17:1 interlineate 62:39 internet 38:22 interpretation 27:25 28:1 6 inventorying 15:2 involved 56:11 invoives 8:2 lrreievant 22:23 Issue 5:19 23:7 28:3 31:1 42:15 43:21 52:23.25 54:3 57:21 62:13 issues 13:7 16:22 23:8,12 45:25 46:11 item 63:4 items 15:11 48:3 James 5:6,13 6:22 7:9.22 12:1.14 37:15,18,22 43:19 44:4 45:14.16 47:14, 24 48:15 49:13 50:7 60:23 63:22 James' 61:7 January 9:1551i1 Jesse 9:? job 62:9 63:23 Jobs 43:12 Johnson 5:2 joint 45:15,16 Jointly 45:13 Judgment 16:19 54:7 5820,21 59:9 62:13, 16 63:20 64:5 judicata 59:21 judicial 52:8 53:7 July 5:1 June 9:15,16,1‘9,20 10:8 K keep 8:3 33:5 53:25 54:7 59:4 kind 31:16 53:8 55:14 knew 12:13 know 7:2 13:1,15 14:11 1?:4 18:3.12. 13,15,202223 19:1, 4 21:7,20 32:1 ,24,25 33:4 36:21 39:15.25 40:5 42:2 44:18 49:4 56:5 60:17,“!9 61:1 63:25 knowledge 17:17.21. 24 18:2,14 20:8 22:8 47:6 48:1,2 known 8:7 L lacked 45:8 landlord 44:10 landiord-tenant 57:16 58:11 language 28:16 late 53:24 lawns 41:25 42:1 lawyers 64:1 wwwaptuscacom index: highermlawyers Transcript of Proceedings Schoenborn vs. Schoenbom Leanne 8:1 8 38:3 lease 17:18 38:10,13 48:22 55:14 57:8 leave 44:13.16 left 9:12 legai 20:1 24:11 28:16 60:18 62:10 legally 62:10 Len 12:13 length 46:5 lengthy 61:1 Leonard 5:16 12:15 13:8 141134.182“! 15:1,6 16:11 17:2. 18,24 18:20 19:18 20:14 22:5,9 23:3,17 28:9,24 30:6 31:13 32:17 34:18 36:11, 15 37:5 45:23 55:5, 18 58:2,22 59:11 60:22 61:5,162123 63:22 Leonard's 61:8 let's 40:6 life 8:12 55:20 lifetime 8:20 42:13 light 22:24 54:5 Lln 12:13 Line 5:4 lines 9:12 liquidate 54:21 55:7 liquidation 56:23 litigation 23:9 Eittle 7:25 39:1 3 40:23 47:10 53:24 63:14 live 41112314,” lived 8:11 419,152.14, 15 55:19 lives 8:14 13:7 55:22 living 8:2 10:19 32:24 37:24 3817.10 42:7, 23 43:16_,18 logistics 5:21 tong 19:15 33:22 39:9,23 41 :9 61 :24 longer 14:11 took 19:8,9 60:2 62:17 looks 5:20 35:14 63:10 looting 45:1 0 L05 8:8 30:17 38:6 41:4 48:19 lose 55:17 lot 29:3 46:4 56:1 3 lots 22:13 louder 8:4 ioudly 7:3 tow 40:23 luck 64:8 lunch 43:8 Lyon 11:21 16:25 M Madame 13:1 2 29:1 3 36:1 maintain 61:21 maintenance 41 :20 42:4,8 43:9,“! 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54:24, 25 parties 5:22.25 6:4,8, 17 55:21 60:15 61:5 partition 58:5 party 5213,18 pass 10:7,10 passed 8:15 39:24 45:11 passing 8:16 61:5 patience 60:13 patient 60:8 pay 17:25 20:8 38:7, ‘17 393,620 49:7 55:10 57:7,11 paying 18:7,8,1U,18, 21 20:22 392.1823 40:3 41 :8 55:12 payment 18:19 51:11 payments 17:22 pays 1831,1523 57:11 pending 22:24 25:2 28:23 29:16 58:23 59:12 period 30:2 permission 49:1 2 50:6 63:11 persona! 15:11 32:23 33:13,?9 personally 25:18 40:18 petition 22:20 25:2,6, 19.22 28:7,10,18,19. 22,24 27:1,6,11,13 4522,2425 46:6 PG&E 38:25 39:1,3 phone 7:3 phonetic 11:21 pick 33:8 43:6 piece 48:18 place 11:10 plaintiff 526,13 6:11. 22 7:10.23 28:14.17 34:16 37:19,22 45:14 47:24 54:12, 20 56:10.24 57:20 58:3 59:13 60:21 62:5,13,14 64:6 plaintiff’s 9:2,3 10:23 15:21 22:6 35:1 45:14 56:3 plan 14:23 planning 46:16 54:12,“!3 plants 42:2 pieadings 16:18 please 6:23 7:6,21 27:10 30:1 36:14 37:4 42:20 Index: needed-please www.aptusCR.com Transcript of Proceedings Schoenborn vs. Schoenbom point 32:2 34:2 35:10 46:7 policy 21:8 40:18 portion 1922,25 24:18 position 23:3 24:5 62: 1O positions 63:24 possession 14:14 15:5,? 16:1520 46:12 49:12 55:14 59:17 61 :22 62:14 63:4 possessor 15:9 possible 53:25 59:5 power 13:6 55:2 60:24 61 :8 powers 22:17,,22 28:21 preceding 50:1 8 prejudice 58:22.24 59:2, 10,13 premises 14:12.152‘! 16:12,15 50:8 63:7 premium 40:20 preparation 28:18 prepare 28:18 prepared 11:1 7 1 6:2 28:19 58:19 59:8 presented 53:2 64:2 Price 5:5,6,12,13 6:3, 10,21 71534.17 8:3, 5,23 9:6,8.’1 1,18,23 10:16 11:8 13:18 15:16.23 17:8 20:24 22:12 24331.21 25:7 2?:14 28:5 29:9 31:25 3216.22 33:7, 24 34:89,“!5 35:15. 20.23 42:12,“!7 43:20 45:1 7,20 46:18 48:10:11,13. 14 4925,1824 51:15 52:5,? 53:17,“!923 54:2,3 55:24 56:13 58:14,?! 59:7 60:9 6215,1824 64:9,11, 17 prles 34:1 primary 42:22 prior 46:14 61:5 privacy 33:1 private 34:1 privileged 25:14 pro 49:18 probate 22:19 25:2, 19 28:24 45:23 46:1 57:21 59:12 proceed 5:22 6:8,17 54:2 proceeding 46:6 57:17 58:7,9 proceedings 22:23 29:5 46:8 52:12.22 53:4 57:21 64:22 proceeds 45:5 54:22 project 30:21 Proof 16:8 proper 22:16 properly 61:21 property 8:6,10,13,14 14:18 15:3,5,7,11 17:25 1B:16,18,21, 24 20:9 22:10 23:4, 17 2920,23 30:6,25 31:4,7.12,14 32:5, 12,15,18 38:18 39:6. 7,18 40:24 41 :6,9 44:4.13,16,19 45:1, 2,10 47:25 48:3‘18, 21,24 49:13 52:22 55:19 57:11.1835 58:4 59:1? proportianately 23:22 proposed 58:19.20 59:5,9 62:15 63:20 Protection 50:20 provide 37:4 64:19 provlded 24:12 50:19 54:17 provides 59:5 provisions 49:16 pubficly 52:11 puli 7:14 36:20 purposes 53:4 pursue 59:12 put 63:13 quite 8:12 quote 9:13,14 11:25 12:2 58:21 59:10 quotes 59:10 R Q qualified 51 :4 quaiify 51 :7 question 21:3,19 23:11.13 24:22 25:17 29:18518 32:9 33:3,16 40:12 42:18, 2O 44:1 46:3 48:17, 24 49:15.18 53:3 questions 22:21 25:13 28:10,?5 46:11.17 47:22 51:3, 15 52:14 quitclaim 8:25 9:11 10:2 raise 7:8 36:14 raised 8:12 23:8 40:1 9,22 re-read 29: 17 read 25:18 27:8 29:17 4219,21 reads 11:25 ready 6:8,1 7,18 36:22.23 real 15:1 really 46:8 reason 30:5,8 33:2 42:23 reasonable 30:2 reasons 13:1 14:20 55:4,6 rebuttal 53:17.18 recall 19:15 20:21 21:1 35:21 46:25 51:13 receive 14:1,? 40:25 41:3 45:5 received 35:2 47:21 50:6 51:11 53:12 receiving 19:16 recess 35:12.19 60:11 reGitaficm 28:7 recite 28:6 www.aptusCR.com index: pointmrecite Transcript of Proceedings Schoenbom vs. Schoenborn recognize 10:1 11:12 12:18 15:24 37:16 50:2 52:8 recotlection 17:5,6 18:18 19:8 33:21 record 9:9 11:1,3,4 13:8,16 26:4 28:4 29:11 36:8 42:21 53:15 recorded 9:14 10:1 3, 20 29:5 Recorder's 9:21 10:21 recording 9:13 11:6 29:6,12 records 9:20.24 1 0:20 21 :‘E reference 19:5 45:21 59:1 8 referring 47:2 refrained 46:2 refresh 19:8 refuses 20:19 regards 46:17 56:9 registration 38:22 related 16:1 4619,10 50:1 59:23 relates 34: 13 relation 54:6 relationship 57: 15 58:1 1 relevance 13:14.15 20:23 relevant 20:24 23:5 32:25 33:7,25 42:15 43:21 46:11 52:12, 21 53:1,3 55:10 relief 58:23 59:1 relocate 14:11 remain 14:18 remained 11:22 remaining 10:14 remedy 59:11 remember 20:10 remembered 19:13 remote 36:7 remove 22:20 25:3 25:7 30:6 45:24 57:24 removed 23:6 remuneration 14:2 rent 3827,15 48:25 57:7 rental 17:22 49:1 55:12,13 repair 43: 10 _ repeat 23:13 29:18.25 33:16 49:18 59:7 rephrase 25:16 37:21 39: 36 reporter 5:10.1120, 23,24 8:2,5,6 7:4 9:7 10:25 13:11 19:23 26:5 27:22 29:13.24 30:16 35:25 36:1 .2] 42:19 45:19 56:5 59:6 represent 27:12 48: 15 representing 62:9 request 20:1? 35:5 52:3 requested 9:1 3 39:4 requests 5:11 9:7 10:25 13:11 19:23 27:22 29:24 30:16 34:12 45:19 59:6 res 59:21 reside 38:5 resoive 52:24.25 resolved 16:23 respect 46:8 respective 60:16 63:24 response 46:15,17 responsibiiities 43:4 responsibility 42:23 responsible 43:13 restaurant 4316.7 rested 35:21 53:22 restitution 16: 1 5,20 63:4,6.7,8 restrict 46:11 resumed 27:21 return 20:15,19 51:22 returned 19:20 20:17 reveal 25:13 review 13:20 25:5 28:23 60:1 ,5 reviewed 21 :9 24:2 63:20 reviewing 25:9 right 5:18 6:3,12,16, 17.24 7:8 9:10 1?:10 18:19 24:20.24 25:15 26:2,122125 29:23 30:20 34:11, 23 35:9,1? 36:13.14 46:18 48:16 49:8 50:25 51:20 52:1 53:6,21 58:13 59:1 3 63:15 64:7,8,13.16 rightfu! 57:24 58:2 rights 33:1 54:18 58:6,22,25 Roger 11:21 running 53:24 safe 42:3 sale 48:22 56:22 58:5 Sanchez 5:8,15.16.20 6:13.14 7:19 13:3,9, 12 17:12.14 19:9,14, 21,24 20:6,20 21 :6, 16,22 23:1115 24:10, 16.17.2325 25:15, 16,21,25 26:6,16.23 27:4,15 29:2,16 30:4,23,24 32:3,10 33:4,12,15 34:5,22 35:7,16 36:4,9 37:2 42:19 43:2 44:2 467,132? 48:8 49:2 51:18,?93435 52:3, 19,20 53:13.14 55:25 56:1 60:10 621?,21 .25 6323.9, 13,17 84:10.1821 Santa 5:1 9:20 10:21 26:10 satisfy 24:15 saying 29:19 50:19 51 :5 says 56:1 7,1 8 57:3 Schoenborn 5:4,6, 14,17 6:23 7:9.22 8:18,19 9:14 10:9,19 11:5,11 12:1 16:5,11 Index: recognize-Schoenbom www.aptusCR.com Schoenhorn vs. Transcript of Proceedings Schoenbom 17:2,15,17,19,22,25 57:25 58:4 61:17 six 23:8 stealing 20:1 18:1530'23 19:15 separate 22:13 55:22 small 24:18 stipulate 24:12.20. 20:7 21 :2,6,23 22:5, 6,9 23:2,3,14,16,17, 20 24:3,6 25:1,12,18 27:5,11 28:9,10 29:19 30:6,10,15,19 31:1,8,‘E3 32:4,11. 15,18,20 33:16.17 34:7 36:11,12,’¥5 37:3,5,6,9,15,18,19, 22 38:3,5,8,11,20 39:7 40:3 41:10 43:19 44:4.18 45:12, 14,16,23 46:15.22 47:9.14,23,25 48:8 49:25 51:21 56:24 57:6,10,15 56:3,10 59:11 Schoenbom‘s 27:25 scope 43:17 Scott 12:14 32:14 37:15 60:23 seated 48: 1 5 second 7:14 11:2 59:20 see 21 :23 seeing 6:4 seek 15:13 30:5 58:22.25 59:2.11,13 seeking 14:20 15:5 16:14.19 23:21 54:21 58:23 59:1 seen 25:24 47:38 50:3 selected 54:14 selecting 13:2 selection 12:23 sell 14:22 2920,22 44:19 45:1 55:21 59:16 servant 61:6 served 16:5,9 61:20 Service 16:8 set 52:13 settlers 56:19 seven 40:17 Sewer 18:3 share 45:5 short 11:9 show 15:16 49:20 shown 57:10.14 shut 39:5 siblings 1320,23 37:10,?2 side 59:2 sides 5321,25 54:20 sign 63:2“! signature 11:14 signatures 10:2 signed 64:15 simple 59:4 simplify 16:17 simply 52:13.18 59:17 62:6 sincereiy 56:6 single-family 48:19 sir 7:8,13 9:24 36:18 48:14 49:6 sit 7:15 situated 48:18 sole 15:6,9 30:5 49:8 somebody 28:2 somewhat 46:10 56:5 sorry 8:1 9:15 13:12 18:6 37:21 38:2 39:15 40:10.13 44:22 47:9 63:3 sort 31:13 sought 55:4 speak 7:3,25 29:6 64: 1 1 specific 21:3 33:8 specificaily 21:3 56:18 58:21 59:9 specified 54:24 speculation 1 3: 14 49:3 spell 83:13,16 stand 6:23 7:1 36:6, 13 start 50:16 53:23 started 55:15 starting 34:3 starts 34:18 state 7:20 19:13.16 20:11 26:5 40:1 59:21 stated 52:21 58:21 59:9 statements 20:11.22 21:7 22:1 40:25 54:10 56:2 stating 63:23 stay 49:12 5017,20 stipulated 29:9 stipulation 5:24 stole 19:18 store 43:5 straightforward 59:4 stricken 20:23 subject 23:9 28:23 57:8,17 submission 60:3 submit 26:19 59:18 submitted 60:14 substantial 14:7 succeeding 54:17 successor 5:7, 1 4 i224 26:9 suggestion 29:4 summarize 28:3 summarizes 29:3 summary 54:6 58:8 supporting 53:4 supposed 58:1 sure 19:9 30:21 35:25 36:8 45:20 49:15 55:18.18 62:22 63:15 sustain 13:1? 34:3 swear 7:6 sworn 7:11 36:13,16 table 7:2 Index: Schoenborn's-table www.aptusCR.com Schoenborn vs. Transcript of Proceedings Schoenborn take 19:8 33:12 35:11 10,17,21 touch 45:12 51:2 36:21 42:24 53:7 U 59:25 60:23.4 63:2 64: 1 3, 1 6 taken 62:17 talk 8:4 12:22 talking 5115.6 taxes 18:16,19,21 39:6,18 57:12 technically 5:23 52:1 0 tell 12:8 44:15 Temporary 26:8 ten 60:1,7 Tenancy 15:18 16:1 tenant 50:20 55:1 1 57:13 58:6 Termination 15:18 16:1 terms 27:17 56:12 61:1 testified 7:11 36:17 54:20 testimony 20:3 43:24 46:14 57:10:14 60:15 61:4,7,8 text 31:17 thank 5:538 6:21 7:5, 7.13.17 922,23 11:8 13:18 15:23 17:9,10 20:5,6 21:5,6 28:5 29:13 34:7.‘10 35:15, 16,23 36:3,10,19 37:3,6 42:17 48:8,9, 11 51117302123 53:6,20 54:3,4 5523,24 56:13.6 58:12,13,17 60:9,10, 12 62:25 63:18 64:9, things 32:25 42:13.25 43:21 46:5 56:14 think 5:9 19:2,17 2024,25 21:21 22:2, 21 23:7,10 24:8,21 29:2,10 32:8 33:7,25 34:2,5 35:10,13,20 42:14 51:6 54:7 61:3,6 62:8 63:6,13, 22 thinking 46:1447:3 third 11:25 17:7 thousand 39:13 three 1211,20 17:5,6 24:13 38:22 54:15, 16,22 55:17 60:22 tight 60:8 time 1015,14 15:7 16:1520 17:9 23:12 29:1,? 30:3 31:18 33:9 34:17 36:21 43:10 50:18 55:16, 20 56:4 59:3 61:24 63:2 timely 61:20 title 8:21 23:12 52:22 56:20 57:19 58:1,5 today 21:25 37:16 45:22 46:12 52:25 54:5,9 56:5 57:10,14 59:1 60:20 61:13 63:23 64:2 today's 52:12 told 22:15 top 9:12 64:6 total 51:14 totaling 47:16 tough 60:17 trouble 22:13 true 48:24 49:6,11 5025,17 51:10 trust B:13,14,15,16, 21 10:14.19 11:18, 22 12:2,5 13:8,21 14:25 1623,25 17:18,21 20:18 22:6, 8.14.18 23:16.21 24:1,2,6,12,19 25:3 26:8 27:13,16,17 28:12 29:19 32:21, 24 33:18,19,23 39:17 41:5 44:18 49:14 50:7 54:24 56:9,1D,11,12,13,15, 17,24,25 57:2,15 6021,25 61:1,19 trustee 527,14 8:15 10:14,18 12:5,6.24 13:2 2217,2022 25:3 26:7,8,9 28:22 32:7,20 33:5.8,17,23 39:4 45:24 49:14 50:7 54:17 55:2,21 56:12 6021,24 61:8, 17 trustees 8:21 trusteeship 12:1 try 43:16 55:2 60:6 trying 13:20 44:19 59:4 turn 6:19 38:4 54:17 two 9:12 13:20 21:13 31:10 39:104927 55:20 two-thirds 55:13 typo 9:18 un 15:4 underlying 27:13 understand 29:4 40:12 44:9 45:3 49:15 52:10 61:10, 23 63:9 understanding 12:3 23:14 44:6.25 47:2 unfaithful 45:8 unfiled 64:15 unlawful 52:24 57:17 58:9 62:2,6 unsafe 15:4 untimely 56:6 upgraded 40:18 Usuaily 31:20 utilities 1?:25 18:5,6 55:10 V vacate 14:21 16:12 55:19 vacuuming 43:8,9 valuable 48:18.21 value 40:24 48:22 49:1 5523,1213 59:14 61 :18 vandalizing 45:10 vast 28:15 vehicle 20:16 verification 2621722 Verified 26:23 27:1 www.aptusCR.com Index: take-Verified Transcript of Proceedings Schoenborn vs. Schoenborn violent 15:3 3029,11 visit 31:19 44:6,?29 visits 43:19 44:4 voice 8:3 30:21 W wait 18:6 35:4,? walk 64:14 want 6:18 19:6 22:13 23:11 33:4 35:4,5 36:7 44:20.25 47:12 52:5 53:25 54:4 58: 1 5 64:1 8 wanted 14:22 wants 28:2 58:4 Wasn't 45:1821 waste 23:11 Water 18:1,2 3821,22 42:1,2 way 6:25 34:3 45:3 62:23 we'll 9:1 35:11,’12,14 we're 16:1 9 21 :14 51:5 weed 42:2 week 31:24 weeks 21:13 weight 53:8 went 13:2 47:14 Wessex 8:7 30:17 38:6 41:4 wife 30:13 wining 24:19 wisdom 54:11.14 wish 64:7 wishes 59:12 withdrew 47:15.17 witness 6:20 7:6,10, 12,15 8:4 9:77 13:6 29:11 21:5 3012,17, 22 32:1.23 35:21 36:6,10.16,18,23 4218,22 44:1 46:19 4924,21 ,23 52:15 witnesses 6:9 51 :24 53:18,‘[9 word 58:15 words 49:19 work 5:21 13:20.23 30:9 world 8:2 wrap 35:13 writing 50:19 written 50:23 62:24 wrong 50:17 Y Yeah 19:11 27:16 47:13 year 31 :8 39:14 40:4, 21 years 31:10 39:10 40:6 41:11,1743:18 44:3 61:25 yesterday 22:15 26:1 54:5 58:1 9 59:8 61 :2 younger 12:14 www.aptusCR.com Index: vioient-younger \oooxloxmgmpJH NNNNNNNNNHHHv-dn-As-Ap-AHfi-‘I-t PROOF 0F SERVICE My business address is 265 East River Park Circle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, California. I am over the age 0f 18 years and am not a party t0 this case. On the date indicated below, I served the foregoing document(s) described as APPELLANT’S NOTICE DESIGNATING RECORD 0N APPEAL on all interested panics in this action as follows: Harry I. Price Price Law Firm 4O Main Street Los Altos, CA 94022 Ph: (650) 949-0840 Fax: (650) 949-0844 E-mail: harry@priceslaw.com mcantrell@priceslaw.com _X_ (BY U.S. MAIL) I am readily familiar With the business’ practice for collection and processing 0f correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited With the United States Postal Service on the date noted below in the ordinary course ofbusiness, at Fresno, California. (BY FACSIMILE) I caused such document(s) t0 be transmitted to the addressee(s) facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the transmission was reported as complete and without error. X (BY ELECTRONIC SERVICE) Icaused the foregoing document(s) to be scanned into pdf format and sent via electronic mail to the electronic mail address(es) of the designated addressee(s). (BY OVERNIGHT COURIER) I caused the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s). X (STATE) I declare under penalty of perjury under the laws of the State oi California that the foregoing is true and correct. Executed on August 10, 2021, a1 Fresno, California. W Magda9% Kimberley DoddO {87521002101266493.DOCX} ^"7 743P3G^l, H, RECORDING REQUESTED BY Mr. and Mrs. Schoenborn WHEN RECORDED MAIL TO: Mr. and Mrs. Schoenborn 1453 Wessex Avenue Los Altos, California 94024 REC FEE a»iF MCRO ua StWF 9 IPCOB $: 2: T ^1 ^ 10931322 Fll^O Ftih ffcuORO . 'tSU£STOF \ <& S^ ' Juflj lll?'ul SI Mail tax statements to Mr. and Mrs. Schoenborn 1453 Wessex Avenue Los Altos, California 94024 SPACE ABOVE_THIS LINE ^iit^ /lic in and_for the County l=s;^^:SLSS!iij=£=i^ ^ to^ me on the basis of satisfactory'eviipe"ons..whose -names ~a;e" sub^^eS"^ ^^en^t^. n?e ^ ^^owledged-thart he^e;ecu^d^t:"^lT^ss^sha^s^me^ficl^ signature /Y]A^^ / . /(^/^^C. / MAIL TAX STATEMENTS AS DIRECTED ABOVE PLAINfJFPS' |^ EXHIBIT OFFICIAL S&U~ . ^4ARY T. UR8ACH Notgiy Publc-Caltnrta . S^MATTO COWJY' MyCoomiaion japtwnbor 4. 1i L7!»3PfiGEi 4 J5 EXHIBIT A ALL_OF LOT 46' As SHOWN UPON THAT CERTAIN MAP ENTITLED "' 1895JLCATOIAGE_SQUARE. UNIT No- 2' HHICH MAP WAS FILED-FOR' IN TH?-OFFICE OF THE RECORDER OF'THE COUNTY OF-SANTA"CLARA' OF CALIFORNIA, ON SEPTEMBER 18, 1958 IN BOOK'97~OF*MAPs7'?AGE^9' EXCEPTING THEREFROM THE UNDERGROUND WATER AS GRANTED IN F?OM-TROJAN_CONSTRUCTION COMPANY, TO CALIFORNIA" WATER' COMPANY^ A CALIFORNIA CORPORATION, DATED OCTOBER -31' RECORDED NOVEMBER 6, 1958 IN BOOK'4222 OFFIciAL"RECORDs7prGE
