Professional Documents
Culture Documents
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Defendant's cross complaint in case number l0-238951 attached hereto.
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Date: 02/ll/2011 C]]q!5tnel'
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The foregoing matters are appropriate for this Court to take Judicial Notice of in
Support of this Motion under the express Provisions of California Evidence Code
450. .Iudicial notice may not be taken of any matter unless authorized
or required by law.45 I . Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of
this state and of the United States and the provisions of any charter
described in Section 3, 4, or 5 ofArticle XI of the California
Constitution.
t0 (b) Any matter made a subject of judicial notice by Section
11343.6,11344.6, or 18576 of the Government Code or by Section 1507
ll Of Title 44 of the United States Code.
(c) Rules of professional conduct for members of the bar adopted
t2 pursuant to Section 6076 of the Business and Professions Code and
rules of practice and procedure for the coutts of this state adopted
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by the Judicial Council.
(d) Rules of pleading, practice, and procedure prescribed by the
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United States Supreme Court, such as the Rules of the United States
l5 Supreme Court, the Federal Rules of Civil Procedure, the Federal
Rules of Criminal Procedure, the Admiralty Rules, the Rules of the
16 Courl of Claims, the Rules of the Customs Courl, and the General
Orders and Forms in Bankruptcy.
17 (e) The true signification of all English words and phrases and of
all legal expressions.
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(f) Facts and propositions of generalized knowledge that are so
universally known that they cannot reasonably be the subject of
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disoute.
t9 459. (a) The reviewing court shall take judicial notice of (1) each
matter properly noticed by the trial court and (2) each matter that
the trial court was required to notice under Section 451 or 453. The
reviewing couft may take judicial notice of any matter specified in
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Section 452. The reviewing court may take judicial notice of a
matter in a tenor different from that noticed by the trial court.
(b) In determining the propriety of taking judicial notice of a
23 matter, or the tenor thereof, the reviewing court has the same power
as the trial court under Section 454.
(c) When taking judicial notice under this section of a matter
specified in Section 452 or in subdivision (f) of Section 451 that is
25 of substantial consequence to the determination of the action, the
The California Supreme Couft Ruled in the Case of Flores vs Arroyo (1961) 56 Cal.
2d 492.that where attention has been called to the existence of a prior case, judicial
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Notice of it may be taken, thus it is proper for the Courl in this case to take judicial
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Notice of the contents of the Courts Case file in the prior Case of WYSOCKI TRUST,
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NICKLAS HOFFMAN, NICKOL GERRITSMA vs. Melody Castillo, Courtney Gillespie,
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George Mason, case number 138180, Tulare County Superior coufi, Porterville Division. THE
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RECORDS OF A COURT OF THIS STATE COME WITHIN THE PROVISIONS OF
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SUBDTVISION (dxl) OF SECTTON 452 OF CALIFORNIA EVIDENCE CODE.
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PEOPLE VS MAXWELL (1978) 78 CAL. APP. 3d I24 AT PAGE 130. "WHEN
lt A REQUEST TO TAKE JUDICIAL NOTICE OF SUCH A RECORD IS MADE EVEN
ORALLY, SECTION 453 THEN MAKES IT CONDITIONALLY MANDATORY
l8 THAT THE COURT DO SO. IT IS MANDATORY TO TAKE SUCH JUDICIAL NOTICE
WHEN (I) SUFFICIENT NOTICE IS GIVEN TO THE ADVERSE PARTY, (2) THE
l9 COURT IS FURNISHED WITH SUFFICIENT INFORMATION FOR IT TO
TAKE JUDICIAL NOTICE OF THE MATTER.'' PEOPLE VS MAXWELL,
20 SUPRA. 78 CAL APP. 3d 124 AT PAGE I3O:
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..A TzuAL COURT MAY PROPERLY TAKE JUDICIAL NOTICE OF THE
22 RECORDS OF ANY COURT OF RECORD OF ANY STATEOFTHE
uNrrED STATES ( EVID. CODE 452 SUBD. (d))" FLORES VS ARROYO. 56
z) CAL. 2d 492. 496-497; DAY VS SHARP 50 C.A.3d 904 AT PAGE 914.
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under the Laws of the State of California that the documents are true and correct
copies of the original, and certilied by the clerk of the Tulare County Superior Court .
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Porterville Division.
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Dated: February I l, 2011
8 llespie
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1. I, Melody Gillespie, am a plaintiff in the above named case. This declaration is made in support
Of thc JUDICIAL NOTICE IN SUPPORT OF THE MOTION TO STRIKE.
2. I, Melody Gillespie has direct person knowledge of the following matters of fact and law.
3. Affiant is competent to testiSr if called upon, and willtestif,, if called upon, of the following
matters:
4. On or about November 29,2009, Plaintiffs and Defendant Hoffman attempted to reconcile
differences and come to agreements to live together peacefully and fulfill the agreement made for
the purchase of tlie property known as 1831 North Lime Street, Porterville, Plaintiffs believed all
parlies, which are the defendants and the Plaintiffs in the above named case, had reached an
agreement mediated by the elders of the church with both parlies. The defendants had led
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Plaintiffs to believe that the contract could be fulfilled by Plaintiffs bearing the costs of the split
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of the propefty, then in return, defendants would properly ledger the account against the note
t2 signed by Plaintiff Courtney Gillespie, and Plaintiffs would pay off the account as agreed in the
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contract signed by both Courlney Gillespie and Nicklas Hoffinan.
5. Immediately, within that same week, Plaintiffs went to the county, pulled up all the documents on
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the properly, and obtained forms to apply for the division of the property. Plaintiffs found out
l5 that the properly was under the Williamson Act and could not be divided immediately, and
certainly not without the help of Nickol Gerritsma, whose name is the only name as trustee, on
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the Grant Deed
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6 . On or about December 1 5 , 2009 , Plaintiffs sent a letter to Ms. Geritsma, requesting her help in
18 the division of the property. Plaintiff s sent the letter, ceftified, return receipt, and received the
green receipt back, that Ms. Gerritsma had indeed received the letter. However, there was no
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response from Ms. Gerritsma.
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7 . On or about January 4,2010, Plaintiffs sent out a second request for her assistance with the
21 change in status of the property in order to make the property divisible.
8. On or about January J,2010, the, Nicklas Hoffman, in the name of WYSOCKI TRUST and
Nickol Genitsma filed an unlawful detainer action in an attempt to evict Plaintiffs from the
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property known as l83l North Lime Street, Porterville.
9. Defendants had hired a legal typing service to type, file and serve the complaint for unlawful
detainer. The defendants in the above named case were without an attorney when the complaint
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was filed, but had an attorney at the tirne of trial.
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January 1,2010, Plaintiffs admitted that the properly was bare land on the first page item #3, and
that Mr. Gillespie had been living on the property since August2004.in item #4. See
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COMPLAINT-LTNLAWFUL DETAINER, incorporated herein by reference as if fully set forlh
5 and request rnandatory judicial notice of such. This is contradictory to the allegation made in
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cross-complaint filed into the above named couft on Novemeber 19,2010 attached hereto, and
incorporated herein by reference as if fully set for1h. On page 3, Item #4, lines 1 1- 14 of
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Defendant's cross-complaint, it states: "On or about Febru ary 2005, cross defendants Couftney
8 and Melody Gillespie, entered and took possession of approximately one and three quafters acres
o of the subject property and has since that time withheld possession of this occupied Property fro
cross-complaintant"
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11. On the arnended COMPLAINT FOR LTNLAWFUL DETAINER, item #3, was changed to state:
ll "1831 NORTH LIME STREET #A," and the term (Bare Land) was removed so it would appear
l2 to be a rental apaftment. See COMPLAINT FOR UNLAWFUL DETAINER, amended page one
incorporated herein by reference as if fully set forth, and request mandatory judicial notice of.
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12. Because of Defendant Hoffman's misstatements and falsification of the complaint, in case
t4 number PCL 1 38 I 80, the defendants in the above named case failed to have the relief they
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wanted. See Exhibit 1, Complaint for unlawful detainer, incorporated herein by reference, as if
fully set fofth, and request for the court to take mandatory Judicial Notice of said document.
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13. h Defendant's cross complaint, exhibit 5, incorporated herein by reference as if fully set forth,
t/ defendants in the above named case, have submitted the many of the same misstatements to the
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couft in the cross complaint as was put forth in the unlawful detainer action of PCL 138180.
Some of the same exhibits that were submitted to the court in PCL 138180, during trial, have
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been attached to llefendants cross complaint. Plaintiff s request judicial notice of the entire
20 cross-complaint submitted to the above named court.
14. The documents attached to Defendant's cross complaint are false, and altered documents, with
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the intent to lead the coutl to believe that the one contract with 2 pages and one attachment, is
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actually 2 separate documents of some kind of proposed agreernent that there may be an option
-/. J for a purchase in the unknown future, and depending on that unknown, somehow, Plaintiffs
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moved onto the property against the will of the true owners. The true and coruect copy of the
contract, which is 2 pages, in which Defendant Hoffman signs the second page, and has a one
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page attachment showing the amoftization of the private financing is attached to the Defendants
The intent was to clairn that Defendants in PCL 13 81 80 had a storage salvage yard business on
the property. When the ruling of Hon. Glade Roper was in favor of the defendants of PCL
138180, (the Plaintiffs in the above named case), Mr. Hoffman began sendingthe letters attached
to Plaintiffs' complaint for Injunction presented in the above named case incorporated herein by
reference as if fully set fofth, and request for mandatory judicial notice of such,
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15. On several occasions within the trialtranscript, Defendant Hoffman, who was one of the plaintiffi
ll in PCL 13 8180, stated that the agreement was a land sales agreement and Defendant Hoffman di
not refer to it as an option to be exercised in the future at Hoffman's whim. See pages 8 line 17-
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20; Page 9, Line 8-10; page 43,line2} thru26; on page 21 Lines 14- 26, Courtney Gillespie
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testifies to the contract, without objection or being refuted by the other side, and his testimony
t4 continues through page 22,line 1-2; on page 44,line 1-5 Mr. Hoffman continues to testify; page
46, fine 26,page 4T lines l-26,page 48,lines 16-27,page 50,line 8-10 and line16-26;page 51,
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line l-2 and line 15-26;Page 52,line 1-13; page 53, lines 2-7. All sites mentioned herein, are
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incorporated by reference as if fully set forth, and request mandatory judicial notice of such. For
l7 the testimony that was not Mr. Hoffman's in the trial transcript of PCL I38 1 80, of the above
mention sites, the plaintiffs did not object, cross examine, contradict, or refute what was stated by
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witnesses other than Mr. Hoffman. It was accepted as true by both sides.
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16. This Declarant now requests comparison with the above referenced sites from the trial transcript
20 of PCL 138180 to Defendants' cross complaint in the above named case, attached here to, and
incorporated by reference, as if fully set forth, and request Mandatory Judicial notice of such. On
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page 3 of the cross complaint, item#4, item #5, page 6, item #11, page 8, item #18, cross
C) and terrnination of the negotiation for sale" which completely contradicts previous testimony
given by both Mr. Hoffinan and Mr. Gillespie in PCL 138180,
18. On page 26,line 1-11 of the trial transcript, Mr. Gillespie states, under oath: "Q. Did you believe
that you were signing a unilateral contract that could be discarded by one side at will? A. No, I
did not. Q. Did you fully believe that when the contract said that once you made a payment
that the private transfer of property rights would be transferred to you as a trustee? A. That
was his agreement" He wrote that up. I didn't write that and put that language in there. He wrote
it and signed it." This testimony was never refuted by the other side. The plaintiffs did not
object, cross examine on his statement, or contradict his statement.
19. On page 44,line 20-26, of the trial transcript, Mr. Hoffman states under oath: "At that time I
gave Mr. Gillespie a check for the full amount that he had paid for the eight months at $600 and
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told him because we don't have an agreement on how the property is supposed to be split, that we
ll can't go through with it. So I attempted to return all of the payments. It was atthat time that he
said he wanted to go to the mediation that we agreed upon and I told him to go ahead and anange
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it." Mr. Hoffman testifies under oath that he offered to pay Mr. Gillespie back for only eight
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months, when Mr. Gillespie had paid for a full year of payments, plus Mr. Hoffman's electric bill
t4 for the Hoffman household and Hoffman's radio station, and all of the work developing the
property. Mr. Hoffman testifies that Mr. Gillespie opted for mediation. See Mr. Gillespie's
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testimony on pages 2lthrough page26 of TrialTranscript of PCL 138180.
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20. On page 2 of the Defendant's cross-complaint, line 12-19, Defendant states: "And is entitled to
I1 possession of all real property and improvements thereon located in the County of Tulare, State ol
California commonly known as 1831 North Lime street, Porterville, California. . . " In the
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PCL138l80 Trial Transcript, on page 23line 18-26,page24line 1-26, Page25line 1-25 Mr.
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Gillespie testifies to the coutl under oath of all the work he has done to improve the properly,
approximately $30,000 (thirfy thousand) dollars of work improving the property and building the
houses that Mr. Hoffman and his family now occupy. Mr. Hoffman has never compensated mr.
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Gillespie for all the work he has done. Mr. Hoffman nor anyone of WYSOCKI TRUST ever
refuted Mr. Gillespie's testimony, never cross-examined his testimony about his work, or
z.) contradicted what Mr. Gillespie had to say. His testimony was accepted as true by both sides.
)A This Declarant can attest that Mr. Gillespie was indeed telling the truth. Neither Mr. Hoffman
nor anyone from WYSOCKI TRUST has ever compensated Mr. Gillespie for his work and his
expense in irnproving or developing the land, but have reap the benefit thereof. The failure of
of the Defendant's cross-complaint is false and misleading. Also, on page 4,Item #6, line 12-25,
cross complaintant is careful about the wording used, and states: "and that cross-defendants
would not have to pay any cash money as a down payment..." This is worded this way to
purposely mislead the court. lt would be presumed that Mr. Gillespie supplied thirty thousand
dollars of work and improvements to the property that the crossplaintant has failed to
acknowledge. Mr. Gillespie is not the one who has defaulted on the agreement, Mr. Hoffman,
and Ms. Gerritsma have defaulted, and failed to perform their duty. Item #6 on page 4 and Item
#1 on page 2 are false and misleading statements.
21 . On page 5 Item 6 continued, cross-complaintant states: "At no time mentioned herein has any
land sales contract agreement been accepted by cross-complaintant". This is a false and
L) I, Melody Gillespie, a Plaintiff herein, do declare under penalty of perjury pursuant to the Laws of the State of
Califomia that the foregoing is true and coffect to the best of my knowledge and understanding.
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t, {!tit, (t , J' Q-tt( ^. do hereby declare as follows:
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o I am not apafty ofinterest to the above entitled case, and am over 18 years ofage.
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2. I personally served Motion for Judicial Notice in supporl of MOTION TO STRIKE
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CROSS-CMPLAINT on behalf of the Plaintiffs at 139 Tulare Avenue. Tulare California on
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tN PCL 138180
sutuMoNs FOR COURT USE ONLY
(ctTActoN JUDtctAL) $oLa PARA USO DE tACORTq
R Er E N cyilhi[i[;]hBE,ilTF[#Xl?1?t s A Lo r o)
NOTICE TO DEFENDANT:
(AVISO AL DEMA,NDADO):
COURTNEY GITIESPIE; MELODY CASTILLO, GEORGE MASON
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ATTORNEY CR PARTYWITHOUTATIORNEY f/Vame, Stde garnumbet, aN €ddFJss): FOR COURT USE ONLY
alleges c€ruses of action against DEFENDANT (name each):COURTNEY GILLESPIE/ MEIODY CASTILLO,
GEORGE MASON
2. a. Plaintiff is (1) E an individual over the age of 18 years. (4) T-l a partnership.
(2) fl a public agency. (5) | | acorporalton.
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\v/ t] other (specify):
b. | | Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
Defendant named above is in possession of the premises located at (sfreef address, apt. no., city, zip code, and county):
1831 NORTH LIME STREET, (BARE LAND) PORTERVILLE, TULARE COUNTY CALIFORNIA 9325'I
(1) agreed to rent the premises as a l--l month-to-month tenanry [--l other tenancy (specify):
(2) agreed to pay rent of$ payabfe l-monthly [-l other (specify frequency):
l--l
(3) agreed to pay rent on the first of the month [--l other day (specify):
b. This [-l written [-Fl oral agreement was made with
(1) TX I plaintiff. (3) T_l plaintiffs predecessor in interest.
(2) l--l plaintiffs agent. (4)
Defendant had an oral agreement with plaintiff they could park their rnotorhome
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., $ 1161bBmporarj-ly on property
Pagc I of 3
E (1) subtenants.
(2) LXJ assignees.
(3)l lother(specify):
l-fne agreement was later changed as follows (specify):
e- | | 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 6f is checked. See Code Civ. proc., 1166.)
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f. l-(For resMentiat property) A copy of the written agreement is not attached because (specf rason):
(1) T-l the written agreement is not in lhe possession of the landlord or the landlord's employees or agents.
. (2) l-_-l tnis aclion is solely for nonpayment of rent (Code Civ. Proc., g 1161(2)).
was served the following notice on the same date and in the same manner:
(1) L-J 3-day notice to pay rent or quit (4) |
| 3-day notice to perform covenants or quit
(2) q
3Gday notice to quit (5) E
3-day notice to quit
(3) |
| 60-day notice to quil (6) | I
Other(specify):
b. (1) On (date): DECEMBER 31,
2009 the period stated in the notice expired at the end of the day
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. l-i-l The notice included an election of forfeiture.
e. lxl 4 99qy of the notice is attached and labeled Exhibit 2. (Required for residentiat property. See Code Civ. proc.,
f. I I
_ s 1166.)
One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and aftach a statement providing the information required by
items 7a-e and 8 for each defendant.)
8. a. [X I The notice in item 7a was served on the defendant narned in item 7a as follows:
(1) l-T-l by personally handing a copy to defendant on (date): DECEMBER 2 B
, Z00g
(2) T-] by leaving a copywith (name ordescription):
a person of suitable age and discretion, on (date): at defendanl's
,r_-l residence [--_l 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) | I by posting a copy on the premises on (date): [-l nruO giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on
(date):
(a) l-_l because defendant's residence and usual place of business cannot be ascertained OR
(b) [-] because no person of suitable age or discrelion can be found there.
(4) f]
(Not for 3'day notice; see CivilCode, $ 1946 before using) by sending a copy by certified or registered mail
addressed to defendant on {date):
(5) T(Not far residentialtenancies; see CivitCode, S 1953 before using) inthe manner specified in a written
commercial lease between the parties.
b.
was served on behalf of all defendants who signed a joint written rental agreement.
c. f--l Information about service of notice on the defendants alleged in item 7f is stated in Attachment gc.
d. f-xl Proof of service of the notice in item za is attached and labeled Exhibit 3.
g' E Flairtrtr{s0a"nfsfOBF955-lsi,ltsramlririetemsnebenausean'e{pir'tibfi.offs,,ftrsd{ermieass
IOIF,, niUti+ifm-erftessjF1l.dih5,.lopgy,r.Erif€r:qrrt-rrm.*Jt,sd.the,e;rerrjt,tffe*t-'drp. *$
,{,1"t_J: TtiF.-13irEu-FlvjilFedfifiefarnfsgrb:$ perdqy.
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sectinn,l'T;'q[b]; (sf4,etisicEiffi-ftvt&Iptu/iiitpdif/#,itfiwro t6Nln /c.1lachtreiittz)
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irie-troi D. eerfi tsrna" NJe|ilgi: A.. Eolrn.{l ,Lindlold{sf
Courfney,GiltasPie.MelodyCrstiflq.Georgellfasorrfgnan'f{-Sl
t t.r t0
To,TEi6Nri$)AND.ALIPERS6N($)IN,F0-sSE$$lOFf
'i{ogAhEtiEAEBY"i$OTFlEEInrzrf nc'teiianff"tih.deirlJiFfi}.o$ofcrlpy, fre prpmlseF,shett diid,thr€e f3},days
:afie.rllledatg oJs-ennte,o! sE.pyo.tthisn-attig upOn*au;attd,Yaerare.r.qluiref to quif and defiverqp.p.6gsessian"af
lhe:premlses.tc.the underCgned'on'or befor"ethat date
-trJi
lfydu.FA!L TO' DO $.g, Jegd pRtqednge $l{tt ,be fir.EEtuled agshsl you ,fqi;pF-SsFssie-R 'ot:tie pr-eOi-sd5,
fofriture oflhg rentalagreemenl and forsuctrmonetary damagesas rnay be atlowe.d by{aw.
Thg premlses ltereiii refensdt+-Which you lroE andlof occupied by you ,are;
A$rg#-t, . . _ttslSEBx#llErEis{.REEiT _ .: -:ENr{V[P{OqTq'P.OR , :
1:
:1
,i
l, ihe undersigned, being al least 18 years of age, declare-under penalV,of pedury nat tserved the above notice, of.which
thisis ewe copy, on.the bllotding tehant(s) in possession in the manner(s)indicateg hlo,!,lr'
ihe notiee io'i1he renant{s)
| .psted Oe, rolice in
:q .@sspigeus place dt rrltre lesHene of 'the
E10r :,.a'fei-attelilFtJr0 FrqLa[se.Flap",l tanantfs],Ailtr-.ldeFiiil(sr5,lt-ue:ipptiit'the'us.
, 'hali_@ f1C ng!,ae de e.i$€I*itr o-f',!r]it4F,.age ;ind Mail il a sepled erwelepe with pqstiigs -fully
,ditrdeggn atthe t€Sidetiae&i$ness df tE, EbaDtts}. prppaid, addr.esed to the fenant(4 d hisllrer/their
AN.D { derypsited,,:a !r-re' @FE;in::the. 'U--$; lVlajlr in .a
ptace pf ',qesid-en€ (d-ate malled, il
dfferent
sbd. eovefeFe,wtlh pEstatqftilly prep;il;, addr,e-s-sed ).
to the lenant(g at his/her4heir f,ace. o{ msfidence {date
mailed ffdifferent - I'
F{ecuteg ofi
uD-100
ATIOijiJr'OR PARTY WTHOUT ATTORNEY (iVamq Sfal umber, and addtess): FOR COURT USE ONLY
alleges causes of action against DEFENDANT (name each): COURTNEY GILLESPIE, MELODY CASTILLO, GEORGE
MASON
2. a. Plaintiff is (1) l-X I an individual over the age of 18 years. (4) T-l a partnership.
(2) !| a public agency. (5) T-l a corporation
(3) lother(specify):
b. l--l Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specity):
3. Defendant named above is in possession of the premises located at (street addresg apf. no., city, zip code, and county):
1831 NORTH LIME STREET #A, PORTERVILLE, TULARE COUNTY CALIFORNIA 93251
4. Plaintiffs interest in the premises is [Xl as owner l--l other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout (date): AUGUST 2004 defendant (nameeach): COURTNEY GILLESPIE, MELODY
CASTILLO, GEORGE MASON
(1) agreed to rent the premises as a I tenancy l--l other tenancy (specify):
month-to-month
(2)agreedtopayrentof g payable l-_l monthly l--l other (specifyfrequency):
(3) agreed to pay rent on the i-*-l first of the month [--l other day (specify):
b. This l--l wriften [-X I oral agreement was made with
(1) fll plaintifi. (3) plaintiffs predecessor in interest.
(2) T-l plaintiffs agent. (4) -f_l other (specr'fi):
Defendant had an oral- agreement with p3.aintiff they couJ.d park their motortrome
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc.,
$ 1161alemporarily on property pase r or3
Q PIus
PLAINTIFF (Name): WYSOCKI TRREVOCABLE TRUST CASE NUMBER:
PCL13B18O
DEFENDANT (Name): COURTNEY GfLLESPIE, MELODY CASTILLO, GEORGE
N
e. l--l A copy of ihe 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 6f is checked. See Code Civ. Proc., S 1166.)
f. l-for residentiat property) A copy of the written agreement is not attached because (specify reason):
(1) T-l the written agreement is not in lhe possession of the landlord orthe landlord's employees or agents.
(2) l*_l tnis action is solely for nonpayment of rent (Code Civ. Proc., $ 1161(2)).'
7.f-- a. Defendanl(name eacfr); COURTNEY GILI,ESPIE, MELODY CASTILLO' GEORGE MASON
was served the following notice on the same date and in the same manner:
(1) t--l
3-day notice to pay rent or quit (4) l--l
3-day notice to perform covenants or quit
(2) l---l 30-day notice to quit I
($ l-X Sday notice to quit
(3) T_l 60-day notice to quit (6) n
Other (specify):
b. (1) On (date): DECEMBER 31,
2009 the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requiremenls of the notice by that date.
c. All facts stated in the notice are true.
d. [-il fne notice included an election of forfeiture.
e. l-Xl n copy of the notice is aftached and labeled Exhibit 2. (Required for residential property. See Code Civ' Proc.,
s r766.)
f. T-_-.l One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Gheck item 8c and aftach a statement praviding the information required by
items 7a-e and 8 for each defendant.)
a. l-X I The notice in item 7a was served on the defendanl named in item 7a as follows:
(1) TX-l by personally handing a copy to defendant on (dat{: DECEMBER 2I 2409
'
(2) l--by leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
l-_.l residence i-.l business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendants residence or usual
place of business
(3) T*l by posting a copy on the premises on (dale): [-_l nruO giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on
(date):
(a)l--l because defendant's residence and usual place of business cannot be ascertained OR
&) T-l because no person of suitable age or discretion can be found there.
(4) T-l (Not for 3-day notice; see Civil Code, g | 946 before using) by sending a copy by certified or registered mail
addressed to defendant on (date):
,-. f_-l (Not for residential tenancies,' see Civil Code, $ 1953 before using) in the manner specified in a written
(c)r r
Page 2 of3
rJD-lOo
[Rc'..July 1, 2OO5l COMPLAINT_T'NLAWFUL DETAIN ER
JAt't-7-eAtA 1?:P9p FROi'1:
-.1:7815??4
veflF,rFATjO$l
{lJse a,tfrerent'vertrieilon fitrmif,t}n uerlflerrtiott.s;bf:aifftornEy'grbFdtiffi:ietia,ii6i.!Eitne!ship-}
li,ain:lllg:p.Fit{iff ii}ffi$ftroe€edlngrand have xed'th:in:cornpainLt,apdare undsr pe.nals-of:ped.uryuRd,ejf.le laiGof thq Stalgpf
esffiomib &at the;fqEgelrrg is tfire{nd pojTee}
DaiB: JAISUABt' ?'4 20,10
NICKI,AS A- I]OT'FAMN
UD.10g tFav....iny. ,i, ?0051 GQ M P LAf t{T-U N LAWFUT UETA.I-N EF Prsel gft
EXH IBIT 2
rN PCL 138180
of
uD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nafto and Add€ss). IELEPHONE NO FOR COURT USE ONLY
(Also, biefly state the facts showing violation of the ordinance in iten 3j.)
h f :] Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. | /1 Other affirmative defenses are stated in item 3i.
'l ol
Fom Approv€d by lhe Judraai
Council ot Calilomia
UD'105 lRev. Jenuary t.20071
ANSWER-Unlawful Detainer
uD-l05
PLATNTIFF (Name): H. M. WYSOCKI IRREVOCABLE TRUST CASE NUMEER
DEFENoANT (Nane): Courtney Gillespie, Ivlelody Castillo, George Mason PCL 138180
5 DEFENDANT REQUESTS
a that plaintiff take nothing requested in the complaint.
b ccsts incurred in this proceeding.
c f7'l reasonable attorney fees.
d [--l th at pla intiff be ordered to ( 1 ) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
e
\
7
(IYPE OR PRINI NAME) (SIGI]ATURE OF O€FENCANT OR AITORNEY)
)
(TypE oR PRINT NAME) (SIGNATURE oF DEFENOANT oR ATTORNEY)
(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.l
VERIFICATION
(use a different verification form if the verification is by an attorney or for a corporation or paftnership. )
lam the defendant in this proceeding and have read this answer. ldeclare under penalty of perjury underthe laws of the State of
California that the foregoing is true and correct. Date:
/ol-F
Courtney Gillespie,Melody Castillo/G. Mason
IWPE OR PRINT NAME)
Pag6 Z ol 2
UD'105 [R6v January 1,20071
ANSWER-UnlaMul Detainer
PLAlNrlFFiPErlrloNER: H. M. WYSOCKI TRUST CASE NUMBER:
DEFENDANT/RESpoNDENT: Courtney Gillespie, Melody Castillo, G. Mason PCL 138180
DECLARATION
(This form must be attached to another form or couft paper before it can be fited in courl.)
l. Nicklas A. Hoffman, AGENT OF WYSOCKI TRUST, approached Declarant approximately February 200-l
about buying a piece of properfy together.
2. After consideration of a few different properties, a mutual decision was made on the l0 acre parcel knorvn
as 1831 North Lime street in Porterville, California
3 N. A. Hoffman. AGENT, stated that Declarant and N. A. Hoffman rvould split the properry, and help each
other rvith building 2 residences, subdivide properfy, and share the equitable interest.
-1. Approximately August2004, after installing the power utilities, Melody Castillo and Declarant
moved onto
the proposed 5 acres to be subdivided and sold to Declarant usins a land contract.
5. On or about February 1, 2005, Declarant and Nicklas A. Hoffman, AGENT, signed an agreement to split the
property. Title of property was placed in WYSOCKI TRUST and the property rights was sold to Declarant by
land contract. See exhibit "A".
6. Since that time, WYSOCKI TRUST, it's AGENTS & ASSIGNS, have failed to perform on the conrract.
After numerous requests to WYSOCKi TRUST to subdivide, its ACENTS and ASSIGNS have failed to
sLrbdivide or to file any notice of impending subdivision.
7. Declarant denies any and all allegations made in the original complaint.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date:
(SIGNATURE OF DECLARANT)
DECLARATION
(This form must be attached to another form or court paper before it can be filed in courl.)
[. Declarant denies any and all allegations made in the original complaint.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date 0ll2l12010
Melody Castillo
(TYPE OR PRINT NAME) TURE OF OECLARANT)
DECLARATION
(This form must be attached to another form or court paper before it can be filed in
court.)
Declarant denies any and all allegations made in the original complaint.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct
Date 0ll21l20l0
Ceorge Mason
(TYPE OR PRINT NAME)
lw.UscourrForm3 @ I
Exhibit
tt
rytt
DO NOT DESTROY THIS NOTE: when paid, this N<)ue and t,he Deed. of
Trust, mus! be surrendered wiEh a request for reconveyance.
compounded:shaIl
:r' r' noE, exceed an amounE ecrual,Eo simple inE.ereSE,.,'r.
or=r'Ehe unpaid:principal: aE, the maximum ra.te permiLged, bv 1aw.:..-1i'
.. ' '- -! :,,i ',', '.;:i . 'r'l .i'i;+.1-i4+,1#:.: I :i,fS
shciuld defdult, be mad.e',ln'Cne patment, of any i#iteiiment oe'..i'i'
inE.erest'when due, their Ehe wtiole sum of the princip"t'.tt6,ii:
inEerest,' shalL becorne inne.Ciately due and payabte, dL Lne.;tr'
opElon of thg-tro1der."of-tthis.
'OF noEe.1 tni= note is', secuiea uy 'a;,fji:
certain DEED TRUST to Nicklas Art.hur, as TrusE.ge. .' ,, ,'.-:ii,i
. =.,i:*i
:i,.
rn the event, of voluntary saIe, dny alienation o'lt'borr.r.y3ni"'i,i-9
of ..all or any portion of t,he real propert,y d.escribed in:the-:ir.f:
deed of , qru-3C .se_curing' E,h-i.s ncC.e, - any ind.ebt,edness'. oiff
?brig?:l:li t| eLtIIUer r .ctL
i1',-tl-?-,?!E'ion
LLS.L or-,,lhe :;l?rd?', . *3v#li
irmnediatelyi 1",:".:ld1L,-,
-.t
::and payable.
become due::and
" :,''-
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l..r.i,i,.: ..,^^ :, 1
' "Tf :
.
Payor'l
- -. --' reserves Ehe privilege and option
-I- - - -.. of prepaying the ;:i
within noE,g in full or part, dE any tirne, without. penalty _r-ti.
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IL -3&-eE o F t-- J J F
COLN,TNEY GELLESPIE TO H. M. WYSOCKI TRUST
18]1 N LI}{E ST
PORTERVILLE, CA 9]2S?
M
COURTNEY GELLESPIE TO H. M. WYSOCKI TRUST
1831 N LIME ST
TUKlT,KVI.LrJL, Lfi >JZJ/
4-01-05
pa)rment - 500 .
payment,
=================================================================
h-tt | -lt\
payment -500.
=========-=======================================================
/-uJ--u)
payment -OUU.
=================================================================
d-uJ.-u)
pa)nnenE -600.
=================================================================
payment -600.
=================================================================
IU-UI--U5
palnnenE _./
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =r=l= --n71= ====== === ===== ========
CASE NUMBER
(Do not use this Proof of Service to show service of a Summons and Complaint.)
j . I am over 1 8 years of age and not a pa rty to this action. I am a resident of or employed in the county where the mailing
took olace.
l-ff,e documents are listed in the Attachment to Proof of Service by FirslCtass Mait-Civil (Documents Serted)
(form POS-030(D))
I served the documents by enclosing them in an envelope and (check one):
a i7-t depositing ihe seaieci enveiope with the United Staies Posial Sei'vice'"vith the postage fu!ly prepaid.
b f__l placingtheenvelopeforcollectionandmailingfollowingourordinarybusinesspractices. lamreadilyfamiliarwiththis
h,,-i^^^-'!- ^.^^|ice
uu5r tEJ- ) Pt duLl for collecting and processing correspondence for mailing. On the same day that correspondence is
nrenorr fnr nnttoe{inn and mailing, it iS deposited in the ordinarv course of businesS with the United States POStal Service rn
[-me name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Cl a ss M a il-C ivi I (Persons Se rved) (POS-030( P)).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correc't.
Date:0112212010
.
H . 14 I^IYSOCKI IRREVOCABL
TRUST,
Pl ai nti ff,
VS. NO, PCL 1 381 80
COURTNEY GILLESPIE.
Defendant .
REPORTER'S TRANSCRIPT
UNLAWFUL DETAINER PROCEEDINGS
Civil
APPEARANCES:
13 NICKI.AS HOFFT'IAN
10 wanted to make?
11 MS. CASTILL0: Moti on to di smi ss , because
12 there is two reasons.
13 Essential parties of the case are missing and
14 the other one is the fact that the Unlawful Detainer
15 UD-100 is not a proper action because -it's a land
16 contract that's never been disputed, and there was no
17 rental contract agreement on the pleadings.
18 The UD-100 is for rental of structures.
19 There was never any structure. There is no rent
20 contract, there is no structure, it's bare land. There
21 is no action for bare land, and we were tenants in
22 common, not landlord tenants.
23 And, common tenancy comes under djfferent
24 rules, they don't come under the unlawful detainer
25 action. Thjs is an improper action.
26 THE COURT: All right. I djdn't understand
18 BY MR. GASTON :
19 BY MR. GASTON:
20 0. the last time the defendants
When was
21 made any payment to you or the Wysocki Trust?
22 A. That woul d have been the fi rst week of
23 0ctober i n 2005.
24 0. What action did you take after the
25 defendants stopped making any payments?
26 A. In January of 2006, I gave them their
22 0verrul ed.
23 MS. CASTILLO: Okay.
24 BY HR. GASTON:
25 0. Is this a copy of what was the result of
26 medi ati on?
24 BY MR. GASTON:
25 0.after this attempt to mediate, what
So
26 steps were presented that the tenants were go'ing to
11 THECOURT:Doyouhavetheotherexhib'it
12 there, Ms. Castillo?
13 MS. CASTILLO: Yes, I do. I object to both
14 of those exhibits.
15 THE COURT: 0n what basi s?
16 MS. CASTI LLO: Wel I , they' re unfounded .
13 MR. GASTON :
's a1 1 , your Honor.
That
14 THE COURT: All right. lvlr. Gillesp-ie, did
15 you have any questions for Mr. Hoffman?
16 MR. GILLESPIE: yeah, the papers.
17 THE c0uRT: No. Let me we need to c1arify
18 this.
19 I'm trying to do th'is 'in an order'ry manner.
20 This is not your opportunity to testify. you'll have a
21 full opportunity to testify rater on, but if you have
22 any quest'ions for Mr , Hoffman that you want to ask to
23 elicit any relevant evidence, then you can do that,
24 You may not argue with hjm. you may not
25 testify right now. If you have questions for hjm. then
26 th'is is the time to ask him.
I CROSS- EXAMINATION
10 BY MS. CASTILLO:
11 0. At what ti me di d You Present the
12 Gjllespie's with the rental agreement?
13 A. Never had a rental agreement.
14 0. How many bui I d'i ngs are on the property
15 ri ght now?
12 BY MR. GASTON:
13 0. Did you receive the note back from
14 Mr. Hoffman with the "void" back in late 2AO5?
23 a stationary engineer?
24 A. Well, it's a skilled trades job. How
25 can I define it.
26 a. What f'm getting at is, what made you
12 0.Whenyouattemptedtogetinformationon
13 the trust after you were a trustee, what happened?
14 A. He got he didn't want to go into the
15 trust and trustee. And fina1ly, you know, with all of
16 the PI work and research work, w€ finally located it to
17 where everything js at.
1B Yeah, I still don't even know who is the
19 trustee, trustees, or secretaries or any of it. There
20 is no paperwork. I don't even know if he's a trustee'
21 0. So do you feel that Nj ckl as was bei ng
22 what's the term? Gave you full disclosure upon the
23 contract when you made the agreement with them?
24 A. of todaY, flo.
As
25 0. Did you try to did you send not'ices
26 to the only trustee that we could find of record to
11 BY MS. CASTILLO:
12 0. 0kay. Don't say none of it was true.
13 MR. GASTON: Obj ecti on, your Honor .
12 ]'IELODY CASTILLO,
13 The Defendant, having been fjrst duly sworn,
14 testified as follows:
15 THE COURT: 0kay. Go ahead, pl ease,
16 MS. CASTILLO: 0kay.
17 Number one, r didn't want to even enter into
1B an agreement with Mr. Hoffman, but I went with my
19 husband's wishes. when he threw thjs envelope at us
20 that had the marking "void" across the paper, that was
21 the original contract, we were under the understanding
22 that once the money had passed that the contract
23 couldn't be obliterated without a proper lawsuit for
24 some kjnd of breach. We continued, try to pay, but he
25 tore up our checks. we had no because he lives at
26 the same property and receives mail at the same
11
25 2010 .
1B Casti I I o?
19 MS. CASTILL0: I
like for the Court to
would
20 take mandatory judicial notice of the entire record or
21 the case.
22 THE C0URT: Are you ta1 ki ng about the Court
23 file?
24 MS .
LLO: The Court fi I e
CASTI .
15 BY MR. GASTON:
16 0. Did you receive this notjce to vacate
17 October 21st in the mail? Do you recall receiving
18 that?
19 A. No.
2A a. No further questions.
21 THE C0URT: All right, any rebuttat evidence
22 to present?
23 MR. GAST0N: Yes . We cal I Mr . Hoffman .
25 REBUTTAL
26 Ht
1 BY MR. GASTON:
2 0. You heard thei r questioning your
3 validity as a trustee. Can You respond to that and
4 exp-l ai n to the Court who Ni ckol is?
5 A. Ni ckol Hoffman, H.M. Wysock'i is my
16 BY MR. GASTON:
17 0 .
You've heard the testi mony of the
1B tenants regarding obligations to cooperate with
19 dividing the property; do you have a response to that?
20 A. Yes. The original agreement was for no
21 money down. Instead of a down payment, they agreed to
22 i ni t j ate the subdi v'i s'ion wi th the county , wh j ch we
23 would fu11y cooperate with that, was never done.
24 I have even no evidence that that was never
25 done or any attempt was even made.
26 We woul d have cooperated fu'l 1y had they kept
22 BY MR. GASTON :
16 BY MS. CASTILLO:
17 0. Thi s board of trustees, who was al I on
18 that?
19 A. Myself and my daughter on that.
20 0. So, when you said that Courtney became a
21 trustee on part of it, then you and your daughter could
22 collude to have him be on the board, but you never
23 di scl osed th'i s?
24 MR. GASTON : Obj ecti on , argumentati ve.
25 BY MS. CASTILLO:
26 0. 0kay. Did you ever disclose to Courtney
6 BY MS. CASTILLO:
7 0. If
felt that there should have been
you
8 a renegotiation, who do you believe duties it was when
I you were the one who was trying to change the contract?
10 HR. GAST0N: Objection asto facts not in
11 evi dence. "Tryi ng to change the contract . " Hi s
12 testimony was that he returned it as being void.
13 THE COURT: I think the question is
14 ambjguous. He's already testified that.
15 Di d you make any attempt to modi fy any
16 agreement?
17 THE WITNESS: No, si r .
1B was e1 derl y .
7 -o0o-
8
I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2 ) ss.
3 COUNry OF TUI-ARE )
4
5 I, Official Certified
ANN CAVIN, an
6 Shorthand Reporter of the Superior Court of the State of
7 California, do hereby certify:
B That the forego'ing acti on was taken down
I 'in stenographi c shorthand wri ti ng and thereafter
10 transcribed into typewriting, pages 1 through 56, and
11 that the forego'ing transcri pt const'itutes a ful I , true,
12 and correct transcript of said proceedings.
13 Dated : March 23. 201 0.
14
15
16
17
1B
19
20 fi ci al
21
22
23
24
.25
26
rN PCL 138180
tl-l: ,i
'
Defendants.
The trial in this case was heard by the Court March 23,2010. Defendants
moved for judgment on the pleadings and for dismissal for failure to include an
indispensabfe party. Both sides presented oral and documentary evidence and the
matter was submitted.
Defendants noted that the minute order of February 23,2010 was in error in
stating that George Mason was present, since he had died prior to that time, and in
stating that the matterwas continued so that "defendant could hire an attorney." In fact,
the matter was continued for Plaintiff to obtain an attorney since a trust may not appear
in propria persona through one of the trustees.
Judgment is entered for Defendants, and Plaintiff is not entitled to any recovery.
Defendants are entitled to costs but because they did not know the costs at the time of
the trial rnust submit a memorandum of costs and formaljudgment consistent this
ruling. ,.CF
-2-
EXH IBIT 5
-
(Parapruebadeentrega deesfa citatilnuseel formularioProof of Serviceof Summons (POS-010).)
NOTICE TO THE PERSON SERVED: You are served
{sEArj 1 V1 as an individual cross-defendant.
2. f-] as the person sued under the fictitious name of (specify):
3.
BY:
13
1A
ta THE I{.M. WYSOCKI IRREVOCABLE
TRUST BY AND TTIROUGH ITS
t) CO-TRUSTEES, NICKOL D.
GERRITSMA AND MCKLAS
r6 HOFFMAN.
1',7
Cross-complainant,
t8
vs.
I9
COURTNEY GILLESPIE, MELODY
GILLESPIE AND ALL PERSONS CROSS.COMPLAINT FOR
20
TJNKNOW}I CLAIMING ANY LEGAL EJECTMENT, DECLARATORY RELIEF,
zl
^1
OR EQUIT,A.BLE RIGHT, TITLE, QUIET TITLE AND DAMAGES
ESTATE, LIEN, OR INTEREST IN THE
22 PROPERTY AI}VERSE TO CROSS-
COMPLATNANT',S TITLE, OR AI{Y
CLOUD ON CROSS.COMPLAINANT'S
TITLE TO TIIE PROPERTY, AND
DOES 1 THROUGH 100 inclusive.
25
Cross-defendants
Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages
et.al.
Wysocki lnevocable Trust vs. Gillespie Case No. 10-238
G@P
CO\TES NOW cross-complainant, the H.M. Wysocki Trust by and through its
-. -Trustees, Nickol D. Gerritsma and Nicklas Hoffinan and by way of cross-complaint alleges
j
as follows:
4
L
J
FIRST CAUSE OF ACTION
6
EJECTMENT
I
l. Cross-complainant is, and at all times mentioned was, the owner in fee pursuant
8
q
to that Grant Deed recorded with the oflice of the Tulare County Recorder on
il hereto as Exhibit A and incorporated herein by this reference as though fully set
t2 forth at length, and is entitled to possession of all that real property and
lo
"Property" and is more particularly described as:
t7
Lot 10 of Hermosa Orange Colony, County of Tulare,
18 State of California, according to the Map thereof
Recorded in Book ZrPage 131 of Maps, Tulare
19 County Records
20 A.P.N.2ss-23q:q04
22 cross-defendants sued herein as Does I through 100, inclusive, and therefore sues
25
informed and believes and based-{hereon alleges that each of the cross-defend
Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages
7
cross- defendants, and at all times herein relevant was acting
within the scope and
8 purpose of said servant, employment, agency, partnership, joint
venture or surety
a
relationship with the full knowledge and consent, either express or implied,
of
l0 each of the remaining cross-defendants.
I2 Gillespie, entered and took possession of approximately one and three quarters
t1
(I-314) acres of the subject Property and has since that time withheld possession
14
of this occupied Properfy from cross-complainant. This occupancy was initiated
t5 under an orally contemplated sales agreement which was understood by the
l6 parties would be fully set forth in writing at such point as a full and final
l1
agreement would be reached by all the parties wherein the different continsenci
5. The document entitled "Agreement to Terms" (Exhibit B) was the only document
6. on or about January 10, 2006, wysocki Trust co-trustee, Nicklas Hoffrnan, after
cross-defendants, wrote "voID LATE 2005" across the face of the document
u that the ongoing negotiations for the contemplated sales agreement were
t2 terminated. The terms that existed in the negotiation prior to, and at, this time o
t5 cross-defendants would not have to pay any cash money as a down payment fthe
l6 cross-defendants would apply for and obtain the contemplated subdivision of the
ll
Property in a configuration acceptable to all parties and to the County of Tulare
2l seven (7) percent interest, and did pay the sum of $4,800.00, but failed to take an
'r')
material action to obtain the requisite sub-division approval by either the
cross-complainant or the County of Tulare which led to the tender and delivery o
a check for full refund of the said sum paid, voidance of the proffered Installment
cross-complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages
cross-complainant norhas there been any recording of any land sales document
with the office of the Tulare County Recorder, norhas there been any change in
I
the real property tax status with the office of the Tulare County Assessor zar has
r0 quarters (1-314) acres living in their travel trailer they had parked on this Property
ll and paying for Nicklas Hoffman's own personal electrical services direct to the
t2 electrical service company, all in lieu of any other cash rental payments to
20 through its co-trustee, Nicklas Hoffrnan, who first made the request to
cross-complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages
cross-complainant has been denied the use and occupation of the property to
8
II.
9
SECOND CAUSE OF ACTION
l0 DECLARATORY RELIEF
1l 10. Cross-complainant hereby incorporates by this reference each allegation in
l2 Paragraphs 1 - 8 of the first cause of action above as though fully set forth at
IJ lensth.
t+ 11, An actual and justiciable controversy now exists between the parties as to their
15 respective rights and duties under the above described oral tenancy and proposed
18 interest to any portion of the subject Property to themselves because a full and
lo
complete land sale agteement was never finalized between the parties and.becau
LV the cross-defendants failed to make any material progress towards obtaining, and
21 did not obtain, either agreement to, or authority for, a sub-division lot split
24 land sale agreement was entered into by all relevant parties and that
cross{omplaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages
5 and duties under the proposed land sale agreement and a declaration of its
1 13. A judicial determination and declaration is appropriate and necessary at this time
8 in order that the parties may ascertain their respective rights and duties there
9 under.
10 ilL
II THIRD CAUSE OF ACTION
t2 QUIET TITLE
13 t4. Cross-complainant hereby incorporates by this reference each allegation in
l4 Paragraphs I* 8 ofthe first cause ofaction and Paragraph 1 I ofthe second cause
tt each of them as aforesaid. Cross-defendants claims are without any right and
18 cross-defendants have no right, title, estate, lien or interest in the above described
20 16. Cross-complainant does not know the exact n€unes? capacities or interests in the
22 for this action as "all persons unknown, claiming any legal or equitable right, ti
25 quiet title in the Property against the claims of each such cross-defendant and
Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For Damages
4 I7. Cross-complainant seeks to quiet title against all cross-defendants and each of
them as of January 10,2006 which is the date on which the document attached
1l cross-complainant norhas there been any recording of any land sales document
I2 with the office of the Tulare Qounty Recorder, norhas there been any change in
13 the real property tax status with the office of the Tulare County Assessor norhas
t9 1. That this Court decree that cross-complainant is entitled to have and recover
22 Counfy, California directing the Sheriff to remove cross-defendants and all those
z)
Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For Damages
z premises in the sum of $40.00 per day from and after December, 2009 according
qA A
+. For costs of suit and prejudgment interest according to proof, and
5 5. For such other and further relief as the Court deems just and proper according to
6 proof.
8 6. That this Court decree that the subject land sale agreement is void and of no legal
o
effect,
1l 8. For such other and further relief as the Court deems just and proper according to
l2 proof.
t4 9. That this Court decree that all money or money equivalent paid by
l1 payment for the fair rental value of the Property according to proof,
l8 10. For damages at the rate of $40.00 per day, from and after December,2}A9
LI 11. For a judgment that cross-complainant is the sole owner of the property and that
24 t2. For costs of suit and prejudgment interest according to proof, and
25
Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages
2 proof.
9 Dated:ll-lb-lD
l0
ll
12 Robert J. Fletcher, Atto
l3
l4
VERIFICATION
l6
1. I am a co-trustee of the H.M. Wysocki Irrevocable Trust and I make this
t7
declaration of my own personal knowledge. If called I could and would testi$ competently
l8
hereto.
l9
2. I have read the foregoing cross-complaint and know its contents. The same is
20
to the best of my knowledge, information and/or belief.
2l
I declare under penalty of pedury under the laws of the State of California that the
22
foregoing is true and correct.
23
24
,^r"a,ll- lh - IA
25
Cross-Complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages
hereby GRANT(S) to
lrIcKoL D. GERRrrgilA, ltssTEE OF rHE F. l.t. rtrgocKr IRRE! oCAtT/E 1RO8T
Tl . 72I , * ,/z.o:
t tlotrry Ptdilbh rrd brreld Courrtyard $af, pcronAy lFFqttd
"",
ANIIB I'1. HINBER
@t -€ta/vrrr
rltLN { "T-C -fgayul i
A*K€b
f'.r"t-.';1;;g : ::ar:sii:: ci prcpert--:t :ights r'-i-]i:n T:-isi- . Ac:e:'Lalc+ ci f lls i
'Jtr.11eni 1.'ei:ia-1es ljr:-s L::a:isf er ci trr:ilJ"rt'/
1r
:::q'ni3 il: Gcur:nelt Ge)..esp::
rL.l:J
i:, ; ^' t ^,.,j - - .i:: rr..i i.:.i t:y.rrna>-a. -i
p:u!=- rr^
a:i\.i ^t trc.i ::-F i tri -\r n-y :-a.rrnrl
:*-I.iW:,li uEi!r!r=!. ;? ui -^..*;
JgJ-$l:LL:-u ce!.rr-Lf, Pg! LvurtL!
oj- T'.::are vi!l::hu rb:igi.ticns incurt-ed iherebi'. Tularc C:un:-v ApNz55-
2 -',1 - JO4 .
PT:pe=i;, Descrlp:lcn: Ci the apprcx.-:-naceJ-y :0 acre pa:ceJ- ch3 scuth 12C
fe:: oi Lhe *asc i:a..f ar:.d r-ha: pari of lhe wesr hal: exc}:iing the norta
- ai 5\^F
'i.h.is :-s a c-i'iv.::e iaw dcc.ment, an;'r aCjr-ldi:ac:c:: lji:d.-L: he ascicn=l .:,y:- '
i:-v ihe c::.u:ch ar' Karseah boarC of elCe;s or 15i1el h,-,.-l: r o: ihr:sti:n rE:.
n=i r'larr A.l
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T ir.--reh'.-r .;r.'Fnf !fe abC-,re e*e'j'{f,S a::3 pcS. L:on Cf i riisLee t1. the t!'
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ll]S liwllE; Iihea giaii, th:s l{ate and ;re DeeC
:':g':e;iCered wfCi: a reqles! fcr .reccn'el,'a::ce.
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si:nul.d :-lcer>
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shall :her#feer
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