Motion For Summary Judgment

Motion

Cal. Super. - 4th Dist.June 25, 2018

© 0 NN a N Wn B W = N N N N N N N N N e m e m e m e m e m e m e m p m co J NN Ln RA W I N D = D O O N N N RA W D = Oo Christian F. Paul, Esq. SBN 161851 1901 East 4th Street, Suite 150 ELECTROMICALLY FILED Santa Ana, CA 92672 Superior Court of California, (949) 455-0600 County of Orange 02/13/2019 at 08:00:00 AM ATTORNEY FOR PLAINTIFF AND JUDGMENT . Clark of the Superior Court LREDETOR-KELLY SMALL By Jeannette Dowling, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE-CENTRAL JUSTICE CENTER KELLY SMALL, Case No. 30-2018-01001426 Plaintiff, Action filed June 25, 2018 Vs. Underlying judgment entered July 2, 2008 Case No. 07CC10480 DEANNA ALLEN and DOES 1-10, Assigned for all purposes to the Honorable Defendants. Theodore R. Howard, Judge Department C18 MOTION FOR SUMMARY JUDGMENT: 1. NOTICE OF MOTION 2. POINTS AND AUTHORITIES 3. DECLARATION OF KELLY SMALL SEPARATELY FILED: 4. SEPARATE STATEMENT OF UNDISPUTED FACTS 5. REQUEST FOR JUDICIAL NOTICE Date: May 9, 2019 Time: 1:30 p.m. Department C18 Reservation no. 72984153 Trial date: September 30, 2019 MOTION FOR SUMMARY JUDGMENT 1 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo NOTICE TO THE COURT, ALL PARTIES, AND ALL COUNSEL: PLEASE TAKE NOTICE that, on May 9, 2019 at 1:30 p.m., or as soon thereafter as the matter may be heard in Department C18 of the Orange County Superior Court, the Honorable Theodore R. Howard, Judge presiding, plaintiff Kelly Small will and hereby does move the Court for summary judgment in her favor as against defendant Deanna Allen. The motion is made pursuant to Code of Civil Procedure section 437c and Rule 3.1350 of the California Rules of Court on the grounds that Deanna Allen has no defense to the cause of action sued on, there is no dispute as to any material fact, and plaintiff is entitled to judgment as a matter of law. The motion is based upon this notice, the attached memorandum of points and authorities and declaration, the separately filed statement of undisputed material facts and request for judicial notice, all papers and files in this action, and such other and further evidence as may be adduced at the hearing on the motion. Respectfully submitted, Dated: February 12, 2019 C7 Paul Christian F. Paul, Esq. Attorney for plaintiff Kelly Small MOTION FOR SUMMARY JUDGMENT 2 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Please see the attached declaration of Kelly Small, the separate statement of undisputed facts, and the request for judicial notice (“RIN”) for support for facts asserted in this motion. Exhibits referred to are attached to Kelly Small’s declaration. Undisputed facts listed in the statement are denominated “Fact 1,” “Fact 2,” etc. here. Plaintiff Kelly Small is an individual residing in San Clemente, California. On or about October 2, 2007, plaintiff and her then husband, now deceased (collectively, “the Smalls”), filed a complaint for damages against Deanna Allen and her then husband Thomas Allen, since divorced and now deceased (collectively, “the Allens”), arising from a fraudulent business deal perpetrated by the Allens on the Smalls. The action was Orange County Superior Court Case No. 07CC10480 (“the underlying action”). The Allens’ default in the underlying action was entered December 10, 2007, and the matter was tried to the Court, the Honorable Kirk Nakamura, on or about June 27, 2008. Judgment in the underlying action was entered against both Thomas Allen and Deanna Allen on July 2, 2008 in the principal sum of $259,147.58. An abstract of judgment reflecting these details was issued by the Clerk of the Superior Court on July 16, 2008 and recorded in the Orange County Recorder’s Office on July 21, 2008, instrument no. 2008000347073. (Exhibit 1; RIN 1.) Unbeknown to the Smalls at the time, sometime in 2007 or 2008 the Allens moved to Hawaii. The Allens divorced in Hawaii (case no. 3DV08-1-000288 filed October 8, 2008, divorce final on November 3, 2008), but Deanna Allen kept the same name. (Exhibit 2, RIN 2.) Apparently, Deanna Allen remained in Hawaii for the next several years after the divorce, but moved back to California sometime in 2012 or 2013, while Thomas Allen moved from Hawaii to Nevada shortly after the 2008 divorce, and he lived there until his death on February 7, 2013. (Exhibit 3, RIN 3.) Thomas Allen filed a bankruptcy petition in Nevada on March 28, 2012, U.S. Bankruptcy Court District of Nevada Case No. 12-13559-Ibr, which stayed the underlying action as to him MOTION FOR SUMMARY JUDGMENT 3 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo until his case was closed, June 27, 2012. Deanna Allen also filed bankruptcy petitions, one in Hawaii and one in California. The Hawaii bankruptcy, U.S. Bankruptcy Court District of Hawaii Case No. 10-03894 (RJF), was filed December 23, 2010 and dismissed January 18, 2012. The California bankruptcy, U.S. Bankruptcy Court Central District of California Case No. 8:14-bk-10163-ES, was filed January 9, 2014 and dismissed January 30, 2014. Both of Deanna Allen’s bankruptcy cases were dismissed without any relief afforded her as to the Smalls. However, the Smalls obtained relief as against Deanna Allen. On March 24, 2011, the Smalls filed an adversary action in the Hawaii bankruptcy case to determine dischargeability of the underlying judgment as against Deanna Allen, Adversary Proceeding No. 11-90026. On motion of the Smalls for summary judgment, the Hawaii Bankruptcy Court entered its order granting summary judgment on August 22, 2011, finding that the underlying judgment “is determined to be a nondischargeable debt under Section 523(a)(2)(A) of the Bankruptcy Code” because the judgment was based upon fraud. (Exhibit 4, RIN 4.) The Allens refused to pay anything to satisfy the judgment, but the Smalls recovered $4,131.69, September 6, 2013, via a judgment lien filed in a case that Deanna Allen had filed and won a judgment in, Deanna Allen v. Greg and Trina Cittell, Orange County Superior Court Case No. 30-2013-00661325. (Exhibit 5, RIN 5.) Although Thomas Allen died while his bankruptcy case in Nevada was pending, his bankruptcy trustee carried the case through, selling a Laguna Niguel house belonging to Thomas Allen before closing the case, with the remainder of Thomas Allen’s obligations to the Smalls discharged. However, the Smalls did recover some of the proceeds of the sale of Thomas Allen’s house in partial satisfaction of the underlying judgment: $262,637.71, September 29, 2016. (Exhibit 6, RIN 6.) Total recovered: $266,769.40. On April 24, 2018, the Smalls filed a Memorandum of Costs After Judgment (etc.) in the underlying action (Exhibit 7, RIN 7), reflecting accrued interest at the legal rate of 10% per annum through April 18, 2018 of $213,636.10 + 32,002.30 = $245,638.40; recoverable costs of MOTION FOR SUMMARY JUDGMENT 4 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo $242.00; and recovery from enforcement of judgment totaling $266,769.40. Thus, the balance still due and owing on the judgment as of April 18, 2018 was $238,258.59: Judgment $259,147.58 Costs 242.00 Interest 245,638.40 Subtotal $505,027.98 Recovery ($266,769.40) Balance due $238,258.59 Before the Smalls’ July 2, 2008 judgment had reached 10 years of age, and on June 25, 2018, the Smalls filed the within action on judgment pursuant to Code of Civil Procedure section 683.050, seeking judgment against Deanna Allen in the principal sum of $238,258.59 as of April 18, 2018, together with interest thereon at the legal rate of 10% per annum and costs of suit according to proof. (RIN 1, 10.) Kelly Small is now the sole plaintiff, after Jon Small’s death (Exhibit 8, RIN 8) and pursuant to the Court’s order of December 4, 2018 (Exhibit 9, RIN 9). II. A PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT IF THERE IS NO DEFENSE TO THE ACTION Summary judgment motions are governed by Code of Civil Procedure section 437¢c, which reads in relevant part as follows: (a) (1) A party may move for summary judgment in an action or proceeding if it is contended that . . . there is no defense to the action or proceeding. . . . k sk ok (b) (1) The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in MOTION FOR SUMMARY JUDGMENT 9 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo the court’s discretion constitute a sufficient ground for denying the motion. kk ok (c) 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 to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact. kk ok (f) (1) A party may move for summary adjudication as to one or more causes of action within an action . . . [or] one or more claims for damages . . . , if the party contends . . . that there is no affirmative defense to the cause of action . . . . kk ok (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff. . . has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff. . . has met that burden, the burden shifts to the defendant . . . to show that a triable issue of one or more material facts exists as to the cause of action . . . . The defendant . . . shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. * kok Stating that its “task in this cause is to clarify the law that courts must apply in ruling on MOTION FOR SUMMARY JUDGMENT 6 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo motions for summary judgment,” the California Supreme Court in Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4™ 826 had these things to say: e “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. [Citation.]” (Id. at 843.) e In 1992 and 1993, the summary judgment statutes were amended to make the state law more like the federal law, “in order to liberalize the granting of such motions.” (1d. at 848.) ¢ In seeking summary judgment, a plaintiff need not disprove every affirmative defense asserted by the defendant, but must only prove all elements of her case, then the burden shifts to the defendant to show with specific facts that there is a triable issue of fact, if the defendant is to defeat the motion. (Id. at 849.) e “There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (/d. at 850.) Once Kelly Small demonstrates proof of her claim for judgment based on a prior judgment not satisfied in full, the burden shifts to Deanna Allen to prove that she has satisfied the judgment to defeat the motion. III. KELLY SMALL IS ENTITLED TO SUMMARY JUDGMENT IN HER FAVOR BECAUSE THE PERTINENT FACTS ARE UNDISPUTED AND DEANNA ALLEN HAS NO DEFENSE TO THIS ACTION Pursuant to Code of Civil Procedure sections 683.010 to 683.050, a judgment is enforceable upon entry and for a full 10 years until satisfied, but may be renewed before the 10- year mark if not satisfied by then. Alternatively, a creditor such as Kelly Small may file an action on the judgment prior to its expiration date. (See, e.g., Fidelity Credit Service, Inc. v. Browne (2001) 8&9 Cal. App.4™ 195, 200-201 (“two alternative methods to extend the life of a money judgment,” renewal of judgment or action on judgment).) In Pritali v. Gates (1992) 4 Cal. App.4™ 632, 637, the court stated that, in enacting statutes within the Enforcement of Judgments Law providing for renewal of judgment, “[t]he lawmakers MOTION FOR SUMMARY JUDGMENT 7 072394 © 0 NI a nm Bb W N = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo did not intend the provisions to renew a judgment every 10 years to replace the then sole existing method of bringing an action on a judgment to retain the enforceability of a judgment.” Rather, the intent was to provide an alternative to filing an action on judgment without doing away with the original method. (/d. at 638.) The express terms of section 683.050 are proof that the present action is a viable vehicle for Kelly Small to treat the underlying judgment, since it has not been satisfied: “Nothing in this chapter limits any right the judgment creditor may have to bring an action on a judgment, but any such action shall be commenced within the period prescribed by Section 337.5.” (Section 337.5 prescribes the 10-year period.) The within action on the underlying judgment was filed on June 25, 2018, before the judgment reached the 10-year mark (July 2, 2018). “An action on a judgment is in the nature of a routine claim for money due. ‘A judgment creditor is entitled as a matter of right to a judgment on the original judgment providing it is commenced within the 10-year statute of limitations period.’ [Citation.]” (Barkley v. City of Blue Lake (1996) 47 Cal. App.4™ 309, 318.) In the Barkley case, summary judgment for plaintiff was granted (and affirmed) when plaintiff proved “four ‘incontrovertible facts’: (1) entry of the 1969 judgment for $90,354.88, plus interest; (2) finality of the judgment on June 7, 1982; (3) the City's nonpayment of the judgment; and (4) the timely filing of the present action on the judgment.” (47 Cal. App.4™ 309, 313.) Here, Kelly Small obtained a judgment against Deanna Allen on July 2, 2008. (Fact 1.) The judgment has not yet been satisfied in full. (Fact 2.) There is still a balance due on the judgment in the sum of $238,258.59 as of April 18, 2018. (Fact 3.) The within action was commenced within 10 years of the entry of judgment, i.e., on June 25, 2018. (Fact 4.) Deanna Allen has no defense to this action: She is the sole remaining judgment debtor; she has no evidence that any more has been collected than the amounts asserted above and in Kelly Small’s declaration, hence cannot refute the balance due; the judgment is not dischargeable in bankruptcy; and the lawsuit was timely filed. I" 1" MOTION FOR SUMMARY JUDGMENT 8 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo Kelly Small is thus entitled to judgment in her favor in the principal sum of $238,258.59 as of April 18, 2018, plus accrued interest and costs of suit. Respectfully submitted, Dated: February 12, 2019 C.F. Pal Christian F. Paul, Esq. Attorney for plaintiff Kelly Small MOTION FOR SUMMARY JUDGMENT 9 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo DECLARATION OF KELLY SMALL I, Kelly Small, if called upon to testify as a witness, would and could competently do so of my own personal knowledge and do now declare as follows: I. I am an individual, over the age of 18 years, residing in San Clemente, California and am the plaintiff in this action. I make this declaration in support of the foregoing motion for summary judgment. 2. On or about October 2, 2007, my then husband, now deceased, and I filed a complaint for damages against Deanna Allen and her then husband Thomas Allen, since divorced and now deceased (collectively, “the Allens”), arising from a fraudulent business deal perpetrated by the Allens against us. The action was Orange County Superior Court Case No. 07CC10480 (“the underlying action”). 3. The Allens’ default in the underlying action was entered December 10, 2007, and the matter was tried to the Court, the Honorable Kirk Nakamura, on or about June 27, 2008. I attended the trial. 4. Judgment in the underlying action was entered against both Thomas Allen and Deanna Allen on July 2, 2008 in the principal sum of $259,147.58. An abstract of judgment reflecting these details was issued by the Clerk of the Superior Court on July 16, 2008 and recorded in the Orange County Recorder’s Office on July 21, 2008, instrument no. 2008000347073. Attached as Exhibit 1 is a true copy of the abstract of judgment. 5. Unbeknown to my husband and me at the time, but as we later learned, sometime in 2007 or 2008 the Allens moved to Hawaii. The Allens divorced in Hawaii (case no. 3DV08-1- 000288 filed October 8, 2008, divorce final on November 3, 2008), but Deanna Allen kept the same name. Attached as Exhibit 2 is a true copy of the decree of divorce. 6. Apparently, Deanna Allen remained in Hawaii for the next several years after the divorce, but moved back to California sometime in 2012 or 2013, while Thomas Allen moved from Hawaii to Nevada shortly after the 2008 divorce, and he lived there until his death on February 7, 2013. Attached as Exhibit 3 is a true copy of Thomas Allen’s death certificate. 7. Thomas Allen filed a bankruptcy petition in Nevada on March 28, 2012, U.S. MOTION FOR SUMMARY JUDGMENT 10 072394 OO 0 9 aN Un BA WLW = N N N N N N N N N e m e m e m p m e m e m e m p d co J a N Ln BRA W I N D = D O O 0 N N N Rr W D = Oo Bankruptcy Court District of Nevada Case No. 12-13559-1br, which stayed the underlying action as to him until his case was closed, June 27, 2012. 8. Deanna Allen also filed bankruptcy petitions, one in Hawaii and one in California. The Hawaii bankruptcy, U.S. Bankruptcy Court District of Hawaii Case No. 10-03894 (RJF), was filed December 23, 2010 and dismissed January 18, 2012. The California bankruptcy, U.S. Bankruptcy Court Central District of California Case No. 8:14-bk-10163-ES, was filed January 9, 2014 and dismissed January 30, 2014. 9. Both of Deanna Allen’s bankruptcy cases were dismissed without any relief afforded her as to my husband and me. However, we obtained relief as against Deanna Allen. On March 24, 2011, we filed an adversary action in the Hawaii bankruptcy case to determine dischargeability of the underlying judgment as against Deanna Allen, Adversary Proceeding No. 11-90026. On our motion for summary judgment in that case, the Hawaii Bankruptcy Court entered its order granting summary judgment on August 22, 2011, finding that the underlying judgment “is determined to be a nondischargeable debt under Section 523(a)(2)(A) of the Bankruptcy Code” because the judgment was based upon fraud. Attached as Exhibit 4 is a true copy of the order. 10. The Allens refused to pay anything to satisfy the judgment, but we recovered $4,131.69, September 6, 2013, via a judgment lien filed in a case that Deanna Allen had filed and won a judgment in, Deanna Allen v. Greg and Trina Cittell, Orange County Superior Court Case No. 30-2013-00661325. Attached as Exhibit 5 is a true copy of the check paying that lien. 11. Although Thomas Allen died while his bankruptcy case in Nevada was pending, his bankruptcy trustee carried the case through, selling a Laguna Niguel house belonging to Thomas Allen before closing the case, with the remainder of Thomas Allen’s obligations to the Smalls discharged. However, the Smalls did recover some of the proceeds of the sale of Thomas Allen’s house in partial satisfaction of the underlying judgment: $262,637.71, September 29, 2016. Attached as Exhibit 6 is a true copy of the check received. 12. Hence, the total amount that we have recovered is $266,769.40. 13. On April 24, 2018, we filed a Memorandum of Costs After Judgment (etc.) in the MOTION FOR SUMMARY JUDGMENT 11 072394 P k No N O N N O N N O N N N m m e m e m e d e t e d me d e d e e d e t a 3 S B 2 B B E B E B O S B E D E E S © 0 N o A W N underlying action, a true copy of which is attached as Exhibit 7. The memorandum of costs reflects accrued interest at the legal rate of 10% per annum through April 18, 2018 of $213,636.10 + 32,002.30 = $245,638.40; recoverable costs of $242.00; and recovery from enforcement of judgment totaling $266,769.40. Thus, the balance still due and owing on the judgment as of April 18, 2018 was $238,258.59: Judgment $259,147.58 Costs 242.00 Interest 245,638.40 Subtotal $505,027.98 Recovery ($266,769.40) Balance due $238,258.59 14. Before the Smalls’ July 2, 2008 judgment had reached 10 years of age, and on June 25, 2018, we filed the within action on judgment pursuant to Code of Civil Procedure section 683.050, seeking judgment against Deanna Allen in the principal sum of $238,258.59 as of April 18, 2018, together with interest thereon at the legal rate of 10% per annum and costs of suit according to proof. 15. Unfortunately, my husband passed away in 2018. Attached as Exhibit 8 is a true copy of the death certificate. I am now the sole plaintiff, pursuant to the Court’s order of December 4, 2018. Attached as Exhibit 9 is a true copy of the order. 16. Irespectfully request the Court to enter summary judgment in my favor in the full amount due on the underlying judgment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Clemente, California. Dated: February 12, 2019 Kelly Small, MOTION FOR SUMMARY JUDGMENT 072395 12 Exhibit 1 Abstract of Judgment Jon Small, Kelly Small, San | RECORDING REQUESTED BY = Clemente Laundry, LLC Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder pe Eco ALTo 32.00 Paul | 2008000347073 02:31pm 07/21/08 MAILING 23456 Madero 106 33 A03 3 ADDRESS Suite 250 0.00 0.00 0.00 0.00 6.00 20.00 0.00 0.00 CITY,STATE Mission Viejo, ZIPCODE CA 92691-7902 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE 1 TITLES) AY ) Abstract of Judgment -- Civil and Small Claims py Soh olutions 3 S 1s-201 EJ-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, add:.__, State Bar number, and telephone number): ’ * Recording requested by and return to: Christian F. Paul, Esg., SBN 161851 Liaw Office of Christian F. Paul 23456 Madero Suite 250 ; Mission Viejo, CA 92691-7902 Tel. (949) 455-0600 ATrorNey [| X] JupeMeNT [| ASSIGNEE OF CREDITOR RECORD SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange sTREETADDRESS: 700 Civic Center Drive W. VIAILING ADDRESS: FOR RECORDER'S USE ONLY cmyanpzipcope: Santa Ana, California 92701 BRANCH NAME: Central Justice Center PLAINTIFF: Jon Small, Kelly Small, San Clemente CASE NUMBER: Laundry, LLC 07CC10480 DEFENDANT: Thomas Allen, Deanna Allen Hon. Kirk H. Nakamura ABSTRACT OF JUDGMENT-CIVIL FOR COURT USE ONLY AND SMALL CLAIMS L_1 Amended 1. The judgment creditor [| assignee of record applies for an abstract of judgment and represents the following: a. Judgment debtor's : Name and last known address | Thomas Allen | 29-2382 Homestead Road Hakalau, Hawaii 96710 b. Driver's license no. [last 4 digits] and state: [X | Unknown | ¢. Social security no. [last 4 digits 572-80-8111 [1] Unknown d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address): Thomas Allen P.O. Box 208, Hakalau, Hawaii 96710-0208 2. Information on additional judgment 4. Information on additional judgment debtors is shown on page 2. creditors is shown on page 2. 3. Judgment creditor (name and address): 5. [__] Original abstract recorded in this county: Jon Small, 122 East Avenida Cornelio, a. Date: San Clemente, California 92672 b. Instrument No.: Date: July 9, 2008 » (lg. 0 Christian F. Paul > (TYPE OR PRINT NAME) ~~ (SIGNATURE OF APPLICANT OR ATTORNEY) 6. Total amount of judgment as entered or last renewed: 10. [__] An [__] executionlien [| attachment lien $ 259,147.58 ; is endorsed on the judgment as follows: 7. All judgment creditors and debtors are listed on this abstract. a. Amount: $ 8. a. Judgment entered on (date): July 2, 2008 b. In favor of (name and address): b. Renewal entered on (date): 9. This judgment is an installment judgment. [] J Jee 11. A stay of enforcement has a. not been ordered by the court. b. [| been ordered by the court effective until (date): ] 12. a. | certify that this is a true and correct abstract of This abstract issued on (date): the Judgment entered in this action 1 6 2008 b.[_ | Ae pof the judgment j& attache WL TN SLATER | cert Seem A A EL Dept OF Form Adopted TOP MERaatory Use om AdopEH Tar TRG ABSTRACT OF JUDGMENT-CIVIL al - Page 1 of 2 Eo fa] AND SMALL CLAIMS Solu qs birt PLAINTIFF: Jon Small, Kel ly Small, San Clemente CASE NUMBER: bo . | Laundry, LLC Lo DEFENDANT: Thomas Allen, Deanna Allen 07CC10480 NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS: 13. Judgment creditor (name and address): 14. Judgment creditor (name and address): Kelly Small : San Clemente Laundry, LLC c/o Jon and 122 East Avenida Cornelio, Kelly Small, 122 East Avenida Cornelio San Clemente, California 92672 San Clemente, California 92672 15. _] Continued on Attachment 15. INFORMATION ON ADDITIONAL JUDGMENT DEBTORS: Name and last known address 17. Name and last known address 16. learns Allen | oO] 29-2382 Homestead Road Hakalau, Hawaii 96710 L I _ Driver's license no. [last 4 digits] Driver's license no. [last 4 digits] and state: Unknown and state: [Unknown Social security no. [last 4 digits]: 565-70-5921 [__JUnknown Social security no. [last4 digits]: [__ Unknown Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address): Deanna Allen P.O. Box 208, Hakalau, Hawaii 96710-0208 Name and last known address 19. Name and last known address 18. [ rT ] L IL _ | Driver's license no. [last 4 digits] Driver's license no. [last 4 digits] and state: [__IUnknown and state: [Unknown Social security no. [last 4 digits]: [ JUnknown Social security no. [last4 digits}: TUnknown Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address): 20. [|__|] Continued on Attachment 20. pet BS CITT A Eroot Rev. sama i208 ABSTRACT OF JUDGMENT-CIVIL AND SMALL CLAIMS ow peep i page 2°6f 2 Exhibit 2 Decree of Divorce STATE OF HAWAI' FAMILY COURT THIRD CIRCUIT DIVORCE DECREE CASE: NUMBER Foote 1 0288 This document is prepared by Thomas Wayne Allen QA Printff L) Defendant (J Atty. for Plaintiff QO Aty. for Defendant PLAINTIFF Thomas Wayne Allen (Full Name) Name vs. 29-2382 Homestead Road *¥ 4 = Hakalau, HI 96710 ~ © 0% kalau, ~© Deanna Lynn Allen & =i DEFENDANT (668)°083-6305 {Full Name) Phone Presiding Judge ANTHONY K. BARTHOLOMEW Date of Hearing/Reviaw by Judge OCT 3 1 2008 is referred to as A Husband (J Wife, and Defendant is referred to as J Husband 2 Wife. IT 1S HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Divorce Decree. » Effective Date: This Divorce Decree is effective after it is signed and filed by the Court. 3. Alimony: ¥ 3A. Neither party shall be required to pay alimony to the other party. J 3B. Beginning with a first payment on the day of A bearing was held before the Presiding Judge or an affidavit was submitted and the Court waived hearing on this matter. After full consideration of the evidence, the Court finds the material allegations of the Complaint for Divorce to be true. Plaintiff is entitled to a divorce from the bonds of matrimony. The Court has jurisdiction to enter this Divorce Decree. In this Divorce Decree, Plaintiff Decree: A decree of divorceis granted to Yd Husband CT) Wife. The bonds of matrimony between Husband and Wife archereby dissolved. The parties are restored to the status of single persons. Either party is permitted to marry after the effective date of this {MomhYear) 1 Husband 0 Wife shall pay to LJ Husband 0 Wife alimony of § per month, to be paid {J in one amount of $_ by the day of each month, {din two equal installments of § by the and days of each month, Alimony shall continue for months and terminate with the payment due (Ma/DagrYry Alimony shall terminate upon the death of either Husband or Wife. Alimony OJ shall {23 shall not terminate upon the recipient's remarriage. 4, The parties have 0 child(ren) together: N rst, middle, 1 Date of Birth = - = = & Smt Ea TUNG wrk Ze - yi 3. Custody: rz 1 od SA. Legal Custody of the above-named minor child(ren) is: Re ed In! J Aw she od J Awarded to Husband ED om El J Awarded to Wife 5 fc 4 3 Awarded to Husband and Wife, jointly, gE © o 1 Reserved for a court of competent jurisdiction. CS = - = CORMANT GRANGE aid ae 1) DIVORCE DECREE (WITH CHILDREN) 15-P046 IY r m 5B. Physical Custody of the above-named minor child(ren) is: J Awarded to Husband with a detailed visitation/time sharing schedule to Wife as described in paragraph 6. J Awarded to Wife with a detailed visitation/time sharing schedule to Husband as described paragraph 6. CJ Awarded to Husband and Wife, jointly, with a visjtation/time sharing schedule as described in paragraph 6B below, {J Reserved for a court of competent jurisdiction. 6. Visitation/Time Sharing Schedule shall be as follows: QO 6A. The parties shall arrange reasonable visitation. {QQ 6B. Visitation/time sharing schedule shall be as follows: QQ 6C. Supervised visitation: QO 6D. There shall be no visitation until further order of the Family Court. 7. O Unless specified in paragraph 24 of this decree, Husband and Wife shall keep cach other informed of his/her residence address and telephone number for so long as any child of the parties is a minor and for so long thereafter as there is a support order. 8. Child Support: {J 8A. Beginning with the first payment on the day of Husband shall pay to Wife for the support of the parties’ child(ren) $ per child, for a total of $ per month. {J 8B. Beginning with the first payment on the day of Wife shall pay to Husband for the support of the parties’ child(ren) § per child, for a total of $ per month. 1 8C. Child support is reserved for a court of competent jurisdiction. OJ 8D. Payments of child support shall continue for each child until the child attaing the age of eighteen years, or graduates from high school, or discontinues high school, whichever occurs last. Child support shall further continue uninterrupted (including during regular school vacation periods) until the age of 23 as long as the child continues his or her education post-high school on a full-time basis at an accredited college or university or in a vocational or trade school. CJ SE. The Child Support Enforcement Agency (CSEA) is made a party for the limited issue of child support. 9, Method of Child Support Payment ( Check either 92 OR 9b): J 9A. All payments shall be made payable to and through the Child Support Enforcement Agency (CSEA), P.O, Box 1860, Honolulu, Hawai'i 96805-1860, and pursuant o the Order of Income Withholding which shall be filed with this decree. J 9B. Direct Payment [2 Child support payments shall be paid by Husband directly to Wife. {J Child support payments shall be paid by Wife directly to Husband. [J In all direct payment cases, either Husband or Wife may void the direct payment arrangement at any time and apply for services from the CSEA to receive payments through the agency. If the child(ren) of the parties receive(s) public assistance from the Departrnent of Human Services, foster care payments or Social Security or if either parent applies to the CSEA, CSEA may immediately void a direct payment arrangement by sending notice by regular mail to both parents at their last known addresses as set forth in this Divorce Decree. 10. Past-High Schoo! Education Support: 310A. Husband shall pay % and Wife shall pay % of the educational expenses of the child(ren) for so long as the child(ren) is/are a full-time student at an accredited college or university or vocational or trade school and under the age of 23. FORMNG, 072106 898 DIVORCE DECREE (WITH CHILDREN] 1F.P-09& {Page 2) [J10B. For payment of expenses related to the child(ren) attending private school see paragraph 24 below, 310C. Forthese purposes, educational expenses shall be defined to include tuition, fees and the costs of: necessary books and other course materials. 11. Child Health Care: For so long as Husband or Wife has an obligation to pay child support and/or educational support; {J11A. Husband shall maintain medical and dental insurance for the benefit of the child(ren). ’ T111B. Wife shall maintain medical and dental insurance for the benefit of the child(ren). {011C. Husband shall pay the medical and dental expenses of the child(ren) not paid by insurance up to §__ per calendar year. Any additional medical and dental expenses not covered by insurance shall be paid % by Husband and ____ % by Wife. T111D. Wife shall pay the medical and dental expenses of the child(ren) not paid by insurance up to § per calendar year. Any additional medical and dental expenses not covered by insurance shall be paid % by Husband and ____ % by Wife. TT 12. Life Insurance for the Benefit of Child (ren): (112A. Husband shall maintain life insurance on his life with a minimum death benefit of $ for the benefit of the child(ren) so long as there is a child support and/or educational support obligation. 128. Wife shall maintain life insurance on her life with a minimum death benefit of § for the benefit of the child(ren) so long as there is a child support and/or educational support obligation. C12¢. 1f Husband or Wife dies without the required insurance, Husband's or Wife's estate shall be liable to the child(ren) to the extent that the required insurance was not maintained. Such obligation on the part of Husband's or Wife's estate shall be accorded the highest possible priority, ji 13. 1 Al provisions in paragraphs 3, 5,6, 7,8,9, 10, 11 and 12 are subject to further order of the court. 14. Bank Savings, Checking, Credit Union Accounts and Securities (Stocks, Bonds, Mutual Funds, etc.): (014A. There are none. 1148. Each is awarded those titled in their name alone. {314C. Husband is awarded: 2314D. Wife is awarded” 15. Vehicles (Autos, Trucks, Motorcycles, Trailers, Campers, Boats, etc.): {J15A. There are none. 158. Each party is awarded the vehicles titled in their name alone. 215C. Husband is awarded: Fifty-percent (50%) equity of the following vehicles: 1984 MBZ 500 SEC vehicle, 1994 Mazda Miata vehicle. 2002 Land Rover. 1968 Columbia Sailboat and the 1994 Ford F-T150" I'Tuck 15D. Wife is awarded: Fifty-percent (50%) equity of the following vehicles: 1984 MBZ 500 SEC vehicle, 1994 Mazda Miata vehicle, 2002 Land Rover. 1968 Columbia Sailboat and the T79 94 Ford F-ToU Truck [J 1SE. Necessary transfer documents shall be signed no later than ten days following the filing of this Divorce Decree, If either party fails to do so, the Director of Finance of the City and County of Hawai" is authorized and directed to transfer the ownership of vehicle(s) if requested to do so. - % = nye . FORMND, C73106 ®98 Pang 3) DIVORCE DECREE (WITH CHILOREN) 1F-P-086 16. Real Property: 216A. Neither party owns any interest of any kind in any real property. Z116B. The real property shall be divided as follows: Tha parties agree thal they jointly own reat property located at 2382 Homestead Road, Hakalau, Hi 96710; 1412 Buena Vista #5, San Clemente, CA 92672, Said property shall be sald. Any and all profits resulting in that sale shall be spit fifty percent (50%) lo each party. The parties agree they joinlly own real property lacatsd at 14911 Kitterman Drive, Silverado, CA 92678. Said property shail ba soid, Any and all profits resulting in that sale shall ba split fifity percent (50%) to each party. The parties also agree they jointly own real property localed al 2405 South Ei Camino Real, San Clemente, CA 52672. Said property shall be sold. Any and aX profits resulting in that sale shall be split fifty parcent (50%) to each party. Tha parties agres thay joinlly own real property located at 1412 Buena Vista, #5, San Clemente, CA 92672, Said property shall be sold. Any and atl profits rasulting in that sale shail be split fifty parcent (50%) ho each party. The panies futher agree thay jointly own real property located at 31881 National Park Drive, Laguna Niguel, CA 92677. Said property shak be sold with Defendant receiving sixty percent (60%) of profits resulting in thal sale and Plaintiff receiving forty percent (40%). 17. Life Insurance: Q17A. There is none. 178. Each party is awarded the life insurance policy(ies) now held on his/her life, together with any cash value therein and subject to any debt thereon. ¥117C. The life insurance shall be divided as follows: The parties agree that they shall divided equally fifty/fifty (50/50) the Bankers Life insurance policy, estimated value of $23,000.00. 18. Retirement Accounts/Benefits: (J18A, There are none. 0 18B. Each party shall keep their own. (J 18C. The retirement accounts/benefits of the parties shall be divided as follows: 19. All Other Assets {Personal Belongings, Furniture, Household Effects, Art, Stamps, Coins, Tools, Equipment, Jewelry, Accounts Receivable, Investment Assets, Business Assets, Cemetary Plots or Niches, Tax Refunds Due, ete): A19A. Each party is awarded the personal belongings and the household effects in his/her possession. L198, Husbend is awarded; Any and all personal property, tangible and intangible, in his name alone. 19C, Wife is awarded: __any and all personal property, tangible and intangible, in her name alone. 20. All Outstanding Debts: 020A. Each party shall pay all of the credit card and other debt, if any, now in his/her name alone. Z120B. There are no joint debts. 4 20C. Husband shall pay Fifty percent (50%) of the Option One Mortgage account, total estimated balance $567,000.00, Fifty percent (50%) of the Option One Mortgage account, tota) estimated balance of $379,4000.00; Fifty percent (50%) of the Countrywide Mortgage account, estimated total balance of $465,000.00, Fifty percent (50%) of the Audrey Germer account, estimated total balance of $489,000.00; Fifty percent (50%) of the Lantem Financial account, estimated total balance of $306,000.00, Fifty percent (50%) of the Wacovia Bank account, estimated total balance of $12,000.00 and any and all debts held in his name alone, | 20D. Wife shall pay Fifty percent (50%) of the Option One Mortgage account, total estimated balance $567,000.00, Fifty percent (50%) of the Option One Mortgage account, total estimated balance of $379,4000.00; Fifty percent (50%) of the Countrywide Mortgage account, estimated total balance of $465,000.00; Fifty percent (50%) of the Audrey Germer account, estimated total balance of $489,000.00; Fifty percent (50%) of the Lantem Financial account, estimated total balance of $306,000.00, Fifty percent (50%) of the Wacovia Bank account, estimated total balance of $12,000.00, the Washington Mutual account, estimated total balance of $199,000.00 and any and all debts held in her name alone. 21. Name Change: oe. A21A. Wife shall resume the use of her 1) birth sumame ¥ former married name and shall be known hereafter as Uigat, ddic. lag name) PEANRN ey Ma [39 wees “1218. Husband shall resume the use of his J birth surname J former married name and shall be known hereafter as (first, ruddie, fad rams) 2. 21 There is a supplemental order filed concurrently with this Divorce Decree, FORM MG, C7108 3/98 GiVORCE DECREE (MITH CHILDREN) 1F-9-096 (Paved) 24. Other: 23.0 Failure of Party to Perform: If either party fails to execute any document in compliance with this decree, the other party may submit a motion to the Court, requesting that the Court appoint the Chief Clerk of the Court to exectste said document on behalf of the non-compliant party. Said motion may be done without further notice to the non-compliant party. Such execution by the Chief Clerk shall have the same effect as if executed by the non-compliant party. Date NOV 03 2008 Judge APPROVED AS TO FORM AND CONTENT: X TT > NUN Signalure of Piainti ss#: _572-80-8111 Address: 29-2382 Homestead Road 2 02 Hakalay, HI 96710 -~oLe Employer's Name and Address: ______ _Thom & Deanna Allen Juvestments 2405 South El Camino Real, San Clemente, CA 92676 Date Plaintiff Signed Decree: to [oo APPROVED AS TO FORM: Signature of Attorney for Plaintiff Name: « Boro Srl X ANTHONY “K. BARTHOLOMEW Signature of Defagdght SS# 565-70-5921 Address: 29-2382 Homestead Road & 02 oR Hakalau, HI 96710 -Q2. © Employer's Name and Address: Unemployed Date Defendant Signed Decree: Bel. Ty, Zoe Signature of Attorney for Defendant Name: FORM NO, G73108 Wiad (Page 5) DIVORCE DECREE (WITH CHILDREN) 1F.-p-096 Exhibit 3 Allen Death Certificate : TMENT OF HEALTH AND HUMAN SERVICES DIVISION OF HEALTH-VITAL STATISTICS = = = = CERTIFICATE OF DEATH 2013002494 ~ TYPE OR = = = = = = . == ~_ STATEFILE NUMBER = PRINTIN [7a DECEASED-NAWE (FIRST.MIDDLE LAST. SUFFIX) = = 2. DATE OF DEATH (MofDay/Year)- [3a COUNTY OF DEATH = FeMaNENT Thomas Wayne = ALLEN February 07, 2013 Clark el 3b. CITY, TOWN, OR LOCATION OF DEATH |3c. HOSPITAL OR OTHER INSTITUTION -Nama(If not either, give street [3e’ff Hosp. or Inst. indicate DOA. OP/Emar Rim 4. SEX i and number) 5 ) : Inpatient(Specify) : DECEDENT Henderson St Rose Dominican Hospital Siena Campus Inpatient Male f She 5. RACE White 3 8. Hispanic Origin? Specify a - : Ze UNDER YEAR ten a 8. DATE OF BIRTH (Mo/Day/Yr) 5 = | (Specify) == : No - Non Hispage. - = = 63 September 22, 1949 ; 9a. STATE OF BIRTH (If not US.A, - [9b. GITIZEN OF WHAT COUNT 10 EDUCATION [1 -MARRIED, NEVER MARRIED, WIDOWED, [73 SURVIVING SPOUSE (if wile, give 5 name country) California ~ United States - =16 - {DIVORCED (Specify) Divorced maiden name) = 1 B SEE HANDBOOK 113. SOCIAL SECURITY NUMBER 14a. USUAL OCCUPATION (Give Kind of Work Done During Most 14b. KIND OF BUSINESS OR INDUSTRY Ever in US Armed = 5) CONE ENS 572-80-8111 of Working Life, Even If Retired) Sales Automotive Forces? No g RESIDENCE 15a. RESIDENCE - STATE 15b. COUNTY 15¢. CITY, TOWN OR LOCATION 15d. STREET AND NUMBER 15e. INSIDE CITY ) ITEMS LIMITS (Specify Yes 5 Ji SY Nevada Clark Las Vegas 1163 Regal Lilly Way Sle orNo) No 5 PARENT. 76. FATHER/PARENT = NAME (First Middle Last Suffix) 17. MOTHER/PARENT - NAME (First Middle Last _Sufio) 2 ENTS John Thomas ALLEN Phyllis Jean PALMER 18a. INFORMANT- NAME (Type of Print) -- 180. MAILING ADDRESS (Street or RF.D. No, Clty or Town, Stale. Zip) © Andrew T ALLEN 3412 E Turquoise Ave Phoenix, Arizona 85028 5 19a. BURIAL, CREMATION, REMOVAL, OTHER (Specify) [185 CEMETERY OR CREMATORY - NAME 19c. LOCATION - City or Town State 2 DISPOSITION Cremation Paradise Valley Crematory Las Vegas Nevada 89119 2 20a. FUNERAL DIRECTOR - SIGNATURE (Or Person Acting as Such) 1205 FUNERAL T20c NAME AND ADDRESS OF FACILITY ; : R TODD NOECKER __ (DIRECTOR [ICENSE--F Davis Funeral Home and Memorial Park - = SIGNATURE AUTHENTICATED = = EB 813 =- = = 6200 S Eastern Las Vegas NV 89119 = TRADE CALL - NAME AND ADDRESS E =- = = -- - 2 z 21a. To the best-of my knowledge, death occurred at the time, date and place and 2 22a. On the basis of examination and/or investigation, in my opinion death ocoaed a E T © due tothe cause(s) stated. (Signature & Title) SIGNATURE AUTHENTICATED go the time, date and place and due to the cause(s) stated. (Signature & Title) o 2 SYED RAHMAN MD 3 5 g o 21b. DATE SIGNED (Mo/Day/Yr) 21c. HOUR OF DEATH E o 22b. DATE SIGNED (Mo/Day/Yr) 22c. HOUR OF DEATH 82 February 15, 2013 ie 11:34 Su i (0) - 1 o -- = = £2 ¢ 21d. NAME OF ATTENDING PHYSICIAN IF-OTHER THAN CERTIFIER - - = a g 22d. PRONOUNCED BEAD (Mo/DayrYry- |22e PRONOUNCED DEAD AT (Hour) Fi (Type or Print; - = ==== 2 = Ee === = E== = 23a. NAME AND ADDRESS OF CERTIFIER (PHYSICIAN, ATTENDING PHYSICIAN; MEDICAL EXAMINER, OR CORONER) (Typsor Print) - 1236 LICENSE NUMBER - SYED RAHMAN MD 10410 S. Eastern Avenue Henderson, NV 89052 - 10030 REGISTRAR 24a. REGISTRAR (Signature) NINETTE HARRINGTON ra BY REGISTRAR 24c. DEATH DUE TO COMMUNICABLE DISEASE SIGNATURE AUTHENTICATED February 20, 2013 ves [] no CAUSE OF 25. IMMEDIATE CAUSE ~ (ENTER ONLY ONE CAUSE PER LINE FOR (a), (b), AND (c)) Interval between onset and death D | ParT1_ , Cardiorespiratory failure DUE TO, OR AS A CONSEQUENCE OF Interval between onseEand death - conprmionss © Coronary artery disease = = NY WHICH - - = : - cave RISE To DUE TO. OR AS A CONSEQUENCE OF i Interval between onset and death IMMEDIATE Atrial fibrillation : CAUSE => (c) : ABUL DUE TO, OR AS A CONSEQUENCE OF: i Interval between onset and death UNDERLYING } CAUSELAST (d) i rr ---- 26. AUTOPSY -- |27. WAS CASE REFERRED Specify 2 - | TO CORONER (Specify Yes ipo vey [CoRR [PART 11 OTHER SIGNIEICANT CONDITIONS-Condilions ontribuling 10 death Bundt resulting in the underlying cause given in Parti - ais 28e. INJURY AT WORK (Specify |287. PLACE OF INJURY- Al home, farm. street, factory, office |28g. LOCATION STREET OR R.F.D. No. CITY OR TOWN STATE Yes or No) building, etc. (Specify) 28a. ACC. SUICIDE, HOM. UNDET: OR PENDING INVEST. (Specify) OF INJURY (Mo/Day/Yn) 25¢ HOUR OF INJURY | 284, DESCRIBE HOW TNIURY OCCURRED -- - -= - STATE REGISTRAR “CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE DOCUMENT ON FILE WITH THE REGISTRAR OF VITAL STATISTICS, S'Rev-20120523a STATE OF NEVADA.” This copy-was issued by the Southern Nevada Health District from State certified documents as authorized by the ~~ State Board of Health pursuant fo NRS 440.175. E = - -- == - = == John M iddaugh, MD NOT VALID WITHOUT THE RAISED Se ~2% Resins pik sifistics SEAL OF THE SOUTHERN NEVADA Ze Sih nN STE By: J HEALTH DISTRICT | Date Re : FEB 272013 Las Vegas, NV 89127 ¢ 702-759-1010 ¢ Tax ID#88.0151573 Exhibit 4 Order Granting MSJ Of Counsel: DEVENS, NAKANO, SAITO, LEE, WONG & CHING THOMAS J. WONG 3054-0 1600 Central Pacific Plaza 220 South King Street Honolulu, Hawaii 96813 Tel. No. 521-1456 Attorney for Plaintiffs and Creditors JON SMALL and KELLY SMALL UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII In re: DEANNA LYNN ALLEN, Debtor. JON SMALL and KELLY SMALL, Plaintiffs, DEANNA LYNN ALLEN, Defendant. CASE No. 10-03894 (RJF) (Chapter 13) Adv. Proc. No. 11-90026 ORDER GRANTING PLAINTIFFS JON SMALL, AND KELLY SMALL'S MOTION FOR SUMMARY JUDGMENT DETERMINING JUDGMENT ENTERED BY THE SUPERIOR COURT OF CALIFORNIA TO BE NONDISCHARGEABLE; EXHIBIT "1" DATE: July 22, 2011 TIME: 9:00 a.m. JUDGE: Honorable Robert J. Faris ORDER GRANTING PLAINTIFFS JON SMALL AND KELLY SMALL'S MOTION FOR SUMMARY JUDGMENT DETERMINING JUDGMENT ENTERED BY THE SUPERIOR COURT OF CALIFORNIA TO BE NONDISCHARGEABLE Plaintiffs JON SMALL and KELLY SMALL's Motion for Summary Judgment filed herein on May 24, 2011 having come on for hearing K:\Small.j\order discharge.dat U.S. Bankruptcy Court - Hawaii #11-90026 Dkt#25 Filed 08/22/11 Page 1of8 before the Honorable Robert J. Faris on July 22, 2011 at 9:00 a.m., THOMAS J. WONG having appeared for Plaintiffs, HARRISON CHUNG having appeared for Debtor and Defendant DEANNA LYNN ALLEN, and after reviewing the motion and opposition filed herein and based upon the record, this Bankruptcy Court finds that there are no issues of genuine material fact and therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1s The Motion for Summary Judgment filed by Plaintiffs on May 14, 2011, is GRANTED, 2. Having determined that fraud was found by the Superor Court of the State of California, the Judgment entered by the Superior Court of California filed on July 2, 2008 (a copy attached as Exhibit "1") is determined to be a nondischargeable debt under Section 523 (a) (2) (A) of the Bankrutpcy Code. DATED: Honolulu, Hawaii, , 2011. /s/ Robert J. Faris United States Bankruptcy Judge Dated: August 20, 2011 so i APPROVED AS TO FORM: Yaismn Clasps HARRISON CHUNG, Attorney £8r Debtor/Defendant DEANNA LYNN ALLEN or De K:\Small.j\order discharge.dat U.S. Bankruptcy Court - Hawaii #11-90026 Dkt#25 Filed 08/22/11 Page 2 of 8 3 t . @ ® JUD-100 ATTORNEY (Ft PARTY WITHOUT ATTORNEY (Name, star number, and address): . FOR COURT USE ONLY Christian F. Paul, Esg., SBN 161851 , -Law Office of Christian F. Paul 23456 Madero, Suite 250 Mission Viejo, CA 92691-7902 E TewerHoneNo: (949) 455-0600 raxno.(opronay: (949) 455-0607 SUPERIOR co E-MAIL ADDRESS (Options): cEp@prodigy.net COUN: ar ge CALM ON, ATTORNEY FOR (Name): Jon Small, Kelly Small, San ClemefilET5 “vg Rg oll ai CENTRAL JUSTICE Coie RIOR £6 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange AUP 700 Civic Center Drive WeStesuNTY STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: Santa Ana, California 92701 Central Justice Center » URT QF CALIEGRN) OF ORANGE 7 A CENTRAL JUSTICE CENTER JUN 30 2008 PLAINTIFF: Laundry, LLC DEFENDANT: Thomas Allen, Deanna Allgp RB. IEA Jon Small, Kelly Small, SRN SEARBRRKS the Cour JUL 02 209 ALAN SLATER, Clark of the Court BY 'K BELrmay GC } TEFU - JUDGMENT ! CASE NUMBER; [_) By Clerk By Default [X]) After Court Trial 07¢C10480 [x By Court [_] On stipulation [¥] Defendant Did Not Appear at Trial j . Hol Nagorugy (9 JUDGMENT 1. BY DEFAULT a. b. Cc. Defendant was properly served with a copy of the summons and complaint, Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. Defendant's default was entered by the clerk upon plaintiff's application. d. [__] Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state for the recovery of money. e. [X] Court Judgment (Code Civ. Proc., § 585(b)). The court considered (1) [X] plaintiff's testimony and other evidence. @ (J plaintiffs written declaration (Code Civ. Proc., § 585(d)). 2. [[] ON STIPULATION a. judgment and b. [1 the signed written stipulation was filed in the case. c. [1] the stipulation was stated in open court J the stipulation was stated on the record. 3. [X] AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on {date and tinte): June 27, 2008, 10:30 a.m. before (name of judicial officer): Honorable Kirk H. Nakamura, Judge b. Appearances by: [X_] Plaintiff (name each): (1) Jon Small (2) Kelly Small [X_) Continued on Attachment 3b. [7] pefendant (name each): (1) 2 ("7 continued on Attachment 3b. [(X] Plaintiffs attorney (name each): Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated {()Christian F. Paul, Esq. 2) (1 [7] Defendant's attorney (name each): ) 2) c. [1 Defendant did not appear at trial. Defendant was properly served with notice of trial. d. [1 A statement of decision (Code Giv. Proc, § 632) [__] was not Form Approved for Optional Use Judicial Council of California JUDGMENT suo-100 ig SB afiiruptcy Court - Hawaii HENFUBRET Okt F732 Filed pe . (C1 was requested. SPE 1 Page 3 0f 8 Page 1 of 2 Code of Civil Procadure, §§ 585, 664.6 ~ LLC PLAINTIFF: Jon Small, Kelly Small, DEFENDANT: Thomas Allen, Deanna Allen San Clemente Laundry, CASE NUMBER: 07CC10480 JUDGMENT IS ENTERED AS FOLLOWS BY: [X] THE COURT [] THE CLERK 4. [] stipulated Judgment. Judgment is entered according to the stipulation of the parties. 5, Parties. Judgmentis a. [X] for plaintiff (name each): Jon Small, Kelly and San Clemente Laundry, Small, LLC and against defendant (names): Thomas Allen and Deanna Allen, severally jointly and [7] Continued on Attachment 5a. b. [| for defendant (name each): 6. Amount. a. Defendant named in item 5a above must pay plaintiff on the complaint: ¢. [for cross-complainant (name each): and against cross-defendant (name each). [J Continued on Attaci hment 5c. d. [_] for cross-defendant (name each): ¢. [] Cross-defendant named in item 5c above must pay cross-compiainant on the cross-complaint: (1) [XJ] Damages $258,710.24 () [J] Damages $ @ [] Prejudgment $ @ [_] Prejudgment $ interest at the interest at the annual rate of % annual rate of % (3 [__] Attomey fees (3) [] Attorney fees @ [XJ Costs $ 437.34 4) [] Costs (5) [1 Other (specify): $ (6) [] Other (specify): $ {6) TOTAL $259,147.58 (6) TOTAL $ b. [__] Plaintiff to receive nothing from defendant named in item 5b. 7] Defendant named in item 5b to recover costs $ and attorney fees $ 7. [X] Other (specify): Declaratory relief as x] ( ~ Ne 4/2 [o® d. [1 Cross-complainant to receive nothing from cross-defendant named in i tem 5d. [1 Cross-defendant named in item 5d to recover costs $ and attorney fe in Attachment 7 es $ Date: JUDICIAL OFFICER Honorable Kirk H. Nakamura, Judge Date: [7] Clerk, by , Deputy (SEAL) CLERK'S CERTIFICATE (Optional) | certify that this is a true copy of the original judgment on file in the court. Clerk, by , Deputy : “ Page 20f2 JUD-100 [New January 1, 2002] JUDGMENT U.S. Bankruptcy Court - aii #11-90026 Dkt#25 Filewg®#8/22/11 Page 4 of 8 od [SHORT TITLE: Small v. Allen CASE NUMBER: 07C€C10480 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Judicial Council of California ATTACHMENT 3b TO JUDGMENT (3) San Clemente Laundry, LLC (Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers); This page may be used with any Judicial Council form or any other paper filed with this court. Form Approved by the MC-020 {New January 1, 1987] Opti ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper Sofie t& Plus Page_ 3 CRC 201, 501 "U8. Bankruptcy Court - Hawaii #11-90026 Dkt#25 Filed 08/22/11 Page 5 of 8 SHORT TITLE: Small v. Allen . CASE NUMBER: 07CC10480 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Judicial Councll of Califomia ie fegal ig {New January 1, 1987] Attach to Judicial Council Form or Other Court Paper So Ys ATTACHMENT 7 TO JUDGMENT The bulk sale of the laundry business sued on, located at 2405 South El Camino Real, San Clemente, California 92672 ("the business" and "the premises"), by defendants to plaintiffs, together will all agreements and incidents that were part and parcel of the sale, are hereby rescinded, by reason of defendants' breaches of contract and fraud. The judgment amount constitutes restitution of all things of value, each side to the other, in connection with sale of the business and all matters sued on, including rent due to defendants for use of the premises and right of possession of the premises, through July 31, 2008, placing the parties in status quo ante. Plaintiffs shall continue in right of possession of the premises and shall continue to operate the business through July 31, 2008, only. Defendants shall regain right of possession of the premiges and all ownership rights and responsibilities of the business as of 12:01 a.m., August 1, 2008. Defendants are ordered to assume the equipment lease sued on forthwith, and shall do all things necessary to effect such assumption. Plaintiffs’ assumption of the equipment lease is hereby rescinded and all defendants’ former duties and obligations under the equipment lease are restored to defendants as of 12:01 a.m., August 1, 2008. Defendants shall indemnify and hold plaintiffs harmless of all claims, suits, causes of action, charges, and the like, leveled against plaintiffs, arising from such equipment lease, from any quarter. /1/ (Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers). This page may be used with any Judicial Council form or any other paper filed with this court. | page 4 Form Approved'by the ADDITIONAL PAGE CRC 201, 501 Optional Form U.S. Bankruptcy Court - Hawaii #11-90026 Dkt#25 Filed 08/22/11 Page 6 of 8 & & x | SHORT TITLE: Small v. Allen s CASE NUMBER: 07CC10480 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 ATTACHMENT 7 TO JUDGMENT -- CONTINUED All parties shall cooperate in the peaceable, orderly, and timely return of the business to defendants. The Court expressly retains jurisdiction to increase the amount of the judgment, on motion of any plaintiff, at any time in future, should either defendant fail to abide by and comply with these orders. ~ pd / ~~ : pay / pad 7 ’ / ’ IT IS SC ORDERED, ADJUDGED, AND DECREED. Further, Pd (Required for verified pleading) The items on this page stated on information and belief (specify ifem numbers, not fine numbers): This page may be used with any Judicial Council form or any other paper filed with this court. Page__5 Judicial Coungil of California : MC-020 (New January 1, 1997] Attach to Judicial Council Form or Other Court Paper Form Approved by the ADD ITIONAL PAGE Leg Solu Sos CRC 201, 501 Optional Form it U.S. Bankruptcy Court - Hawaii #11-90026 Dkt#25 Filed 08/22/11 Page 7 of 8 U.S. Bankruptcy Court - Hawaii Uharehy cortify the foragring instrument cons isting ot ST pau RT is a true and correct copy of the originai on file in this cou” AUG 6 4 2008 ATTEST: (DATE) ene serene eet FETT ALAN SLATER, EXECUTIVE OFFICER AND CLERK OF THY UPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 4 AA Lymn Hector Sine wv #11-90026 Dkt#25 Filed 08/22/11 Page 8 of 8 Exhibit 5 Cittell Check GREG'S CITTELL "TRINA M CITTELL 14911 KITTERMAN DRIVE PO BOX 252 SILVERADO, CA 92676 Pytothe mt cdi £ Gal Ras Lone Ranend pe \oseded hl ~ . . 3 w.Ibsfcu. i LBSFINANCIAL 562.508 8007 + 714.893.5111 Credit Union po Box 4860, Long Beach, CA 90804-0860 % For 072 1232237LA55E098E 744085 Harland Clarke ISLAND BREEZES® Exhibit 6 Trustee Check Rabobank, N.A. VOID AFTER 90 DAYS 108 Santa Maria, CA TID #480023 90-3715/ 1222 Phone: 800-465-2415 for Rabobank Specialty Deposits 2 7 Case Debtor David A. Rosenberg, Trustee 15884 12-13559 LED ALLEN, THOMAS WAYNE a og “ob 5007672066 #4 Dividend paid 73.59% on $356,847.18; Claim# 1S; Filed: $356,847.18; Reference: Date (9/08/2016 | $ ®x Kx N%D62.,637 91 7 | | ~~~Two Hundred Sixty-Two Thousand Six Hundred Thirty-Seven Dollars and 71/100 Pay to the Order of JON SMALL KELLY SMALL,C/O CHRISTIAN F. PAUL, ESQ.;23456 MADERO, SUITE 110 MISSION VIEJO CA 92691 Ce bry David A. Ge chet Trustee "00000 0am nidddd? esq S5007&E720EEN" Exhibit 7 Memorandum of Costs MC-012 ATTORNEY OR PARTY WITHOUT ATTORNEY" STATE BARNO* NAME Jon Small and Kelly Small FRMNAME [In Pro Per STREET ADDRESS 122 East Avenida Cornelio . oy San Clemente STATE: CA ZPCODE 92672 ROUT OF CALIFORNIA TELEFHONENO: (840) 498-7023 FAX NO. JUSTICE CENTER E-MAIL ADDRESS, ATTORNEY FOR (ams) Judgment Creditors In Pro Per APR 2 4 2018 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE DAVIDH.Y, STREET ADDRESS 700 Cyvie Center Drive West AMASAI, Clerk of the Cour MAILING ADDRESS" GATY AND ZIP CODE Santa Ana, CA 92701 BY. LGAYIAN __ DEPUTY BRANCH NAME Gentral Justice Center Plaintiff: Jon Small, Kelly Small Defendant: Thomas Allen, Deanna Allen MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF | CASENUMBER CREDIT, AND DECLARATION OF ACCRUED INTEREST 07CC10480 1. [X] Postjudgment costs a. | claim the following costs after judgment incurred within the last two years (Indicate if there are multiple items In any category): Dates Incurred Amount (1) Preparing and issulng abstract of judgment (2) Recording and indexing abstract of judgment (3) Filing notice of judgment lien on personal property (4) Issuing writ of execution, fo extent nat satisfied by Code Civ. Proc., § 685.050 {speck county): (8) Levying officers fees, to extent not satisfied by Cade Civ. Proc., § 685.050 or wage gamishment (8) Approved fea on application for order for appearance of judgment debtor, or other approved costs under Code Civ. Proc., § 708.110 ot seq. {7) Attomey fees, If allowed by Code Civ. Proc., § 685.040 (8) Other: (Statute authorizing cost): {9) Total of claimed casts for current memorandum of costs (add ifems (1)-(8)}’ b. All previously allowed postjudgment costs $ 242.00 c. Total of all postjudgment costs (add ifams a and b) $ 242.00 2. [X] Credits to Interest and principal 24¢ 76% 4o a. acknowledge total payments to date in the amountof: § (including returns on levy process and direct payments), The payments received are applied first to the amount of accrued interest, gnd shen to the judgment principal (including postiudgment costs allowed) es follows: credit fo accrued Interest: $ 24%; & 7€¢fc8it o jud ment principal $ 53,/3% 30 b. Princlpal remaining due: The amcunt of Judgment principal remaining due is $244, oi. 10 Code Civ. Proc., § 680.333.) 3. [x1 Accrued Interest remaining due: | declare interest accruing (at the legal rate) from the date of entry or renewal and on balances from the date of any partial satisfactions {or other credlis reducing the principal) remaining due in the amount of 22,002 2 jo 4. lamthe: [3] judgment creditor [_] agent for the judgment creditor ~~ [__] attemey for the judgment creditor. [ have knowledge of the facts concarning the costs claimed above. To the best of my knowledge and belief, the costs claimed are correct, reasonable, and necessary, and have not been satisfied. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: April /? 2018 Jon Small > 7, (TYPE OR PRINT NAME) / . (SIGNATURE OF DECLARANT) NOTICE TO THE JUDGMENT DEBTOR If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding $100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been included in the writ of execution. (Code Civ. Proc., § 685.070(e).} A motion to tax costs claimed in this memorandum must be filed within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).) FOR COURT USE ONLY $9 PH H e e © H H Pape 4ef2 Fom Adopted fox Wendeey Usa MEMORANDUM OF COSTS AFTER JUDGMENT, Coda of Ci Procedure, a Ta at ey ACKNOWLEDGMENT OF CREDIT, AND DECLARATION melita 6 OF ACCRUED INTEREST EXHIBITS © ‘ e V . MC-012 Short Title: CASE NUMBER Small v. Allen 67] cC [fo FBO PROOF OF SERVICE xX Mail [1 Personal Service 1. Atthe tims of service [ was at least 18 years of age and not a party to this legal action. 2. My residence or business address is: 1801 E. 4th 8t., Ste. 150, Santa Ana, CA 82705 3 [x]! mailed or personally delivered a copy of the Memorandum of Costs After ong Acknowledgment of Credit, and Declaration of Accrued Interest as follows (complete sither a or b): a. [x] Mall | am a resident of or employed in the county where the mall occurred. Mm @ 1 enclosed a copy in an envelope AND (a) [xX] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. (b) [1 placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing comrespandence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. The envelope was addressed and mailed as follows: Please see attached sstvice list for names and addresses of parsons served. (a) Name of person served: Deanna Allen (b) Address on envelope: 1412 Buena Vista, No. 5, San Clemente. CA 92672 (c) Date of mailing: April /& 2018 (d) Place of mailing (cily and state): Santa Ana, Calif. b. [| Personal delivery. | personally delivered a copy as follows. (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: April [5 . 2018 Christian F. Paul ) nl (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) MC-012 [Rev January 1, 2010) MEMORANDUM OF COSTS AFTER JUDGMENT, Pago of2 For your protection and privacy, please press the Clear ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST This Form button after vou have printed the form. | Print this form | | Save thic form | [Clanr thi farm § . SERVICE LIST Deanna Allen 1412 Buena Vista, No. 5 San Clemente, CA 92672 Thomas Allen 1163 Regal Lily Way Las Vegas, NV 89123-0459 Edmund Sherman, Esq. Glass & Goldberg, ALC 21700 Oxnard Street, Suite 430 Woodland Hills, California 91367-3665 Amount enforceable against Deanna Allen is the full amount stated in the Application for and Renewal of Judgment. Amount enforceable against Thomas Allen is $0. His debt has been partially paid. and the balance discharged in bankruptcy, In re Thomas Wayne Allen, USBC Nevada Case No. 12-13559-1br. Nothing in this document should be construed as an attempt by the judgment creditors to assert any claim or enforce any judgment as against Thomas Allen. Exhibit 8 Small Death Certificate Ee or B e A Z z ¥ A a ani Be pd a nly ie BIER slab ele/X =i] JO Rl aR ELA s rensibay jo aimeubls pue: fees a Sich Jopiog poreitus u uo poiadeid sein pieA jou Adoo sig) VINHOAITYD ‘ALNNOD SONVHO : Re i WGHTONVH ' Dla © oNgovaRvo fs ALNNOO 3ONVHO 'NOILO3S SOQHOOIH TV.LIA OU JO 80140 8} Ui all UQ Paveid pue pesalsiBes 0 Pelt 7 E > ¥ (v3% i Aeron 1UBWNOOP 8y} JO uaganpoJdas JOBX® PUB ani} B S| Sy] ft HONVEO0 40 ALNNOD Ta 8T0Z ‘vT 199000 aanssi diva: Soo LU VINMOAITYD 40 HIVLS OS WR Ty SAHOO3H LIA 40 AdOD 3141143 ORME Ce ING HNYHL or [] were EE 31S JOYINWNOD OLE 810z/vLI0L 8102/92/60 8 = = ‘GW ING HNVHL pr JINIWITO NVS [hee 8102/1 VAINIAV 18V3 £5 30IdSOH-3ON3AIST |= 8 Lye Suan CL SIH 810C/L1H/0L ~ NATIEVYW ¥ILIVM Y W U O I N I I N S U W S | HY VH LS IO ZN T Y 0 0 T ‘ i : i ATI © 3800dS "TIVNS AT13M i JONVHO 3LN3IW3T0 NVS OI3NYO0D VAINIAY LSV3 22h ~~ NolonuisNoo | HO10VMINGD ILIHM ~ 8L02IP LOL a3RUYIN HIENNN NOLVELSID3H WOO | 122910088102 ¥EE60Z810TS08 10226 vo NY ViNVS v- oot 31INS ‘13341S NIV ‘N 0021 AON3IODV 3HVO HLTVIH SG 40 ALNNOO Tr Exhibit 9 Order TH # 2 2 3 9 2 7 2 © 0 3 ON Wh RA W N - J C S e e N N D N 2 3 R B R S SUPERIOR COURT COUNTY OF£ OF CALIFORNIA CENTRAL JUSTICE CENTER DEC 04 2018 DAVID 4. YAMASAKI, Clerk of the Court BY, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE-CENTRAL JUSTICE CENTER JON SMALL and KELLY SMALL, Plaintiffs, Vs. DEANNA ALLEN, Defendant. Case No. 30-2018-01001426 Action filed June 25, 2018 Underlying Judgment entered July 2, 2008 Case No. 07CC10480 Assigned for all purposes to the Honorable Theodore R. Howard, Judge of the Superior Court, Department C18 ORDER SUBSTITUTING SUCCESSOR-IN-INTEREST OF DECEDENT JON SMALL AS PLAINTIFF Date: December 4, 2018 Time: 8:30 a.m. Department C18 ORDER 072394 © 0 ~~ a un Bs L N 10 1 12 13 14 15 16 17 18 19 20 21 2| 23 24 25 26 27 28 On December 4, 2018, the ex parte application of plaintiff Kelly Small for an order permitting her to substitute in as successor-in-interest to decedent plaintiff Jon Small came on regularly for hearing in Department C18 of Orange County Superior Court, the Honorable Theodore R. Howard, Judge presiding. Christian F. Paul, Esq. appeared on behalf of Kelly Small. No other appearances were made. Good cause appearing therefor, IT IS HEREBY ORDERED that the application be and it hereby is GRANTED. IT IS FURTHER ORDERED that Kelly Small be and she hereby is SUBSTITUTED IN as successor-in-interest to deceased plaintiff Jon Small. IT IS FURTHER ORDERED that, since all of plaintiffs’ rights in this action are now merged in plaintiff Kelly Small, therefore Kelly Small be and she hereby is DEEMED the sole plaintiff in this action, and the caption shall be changed to reflect Kelly Small, plaintiff, vs. Deanna Allen, defendant. IT IS FURTHER ORDERED THAT Y \/ Vv’ 7x << 7/¢ X \ xX 7 ~ 7 IT IS SO ORDERED. Dated: 1a) af 19 heodore R. Howard | Judge of the Superior Court ORDER 072394