1 " DECLARATION OF LISA MacCARLEY

2 " I, LISA MacCARLEY, declare:

3 II 1. I am an attorney-at-law duly admitted to practice before all the courts of

4 " the State of California and the attorney of record herein who appeared as counsel

5 II at trial for Plaintiffs EVELYN CHRISTINA RAMIREZ and ALONSO MANUEL

6 II CASTANEDA (UPlaintiffs"). As to the facts herein set forth I have personal

7 " knowledge, and if called as a witness I could and would testify competently under

8 II oath to each of the matters herein set forth.

9 II 2. I hereby make this Declaration in support of Plaintiff's Motion for

10 II Apportionment of the Costs of Partition.

11 II 3. I became involved with the Castaneda family in October of 2007 when I

12 " was retained by Susana Castaneda (USusana") to file a conservatorship over her

13 " mother, Felicitas Castaneda. There were allegations and suspicions that Felicitas

14 /I Castaneda may have been the victim of financial elder abuse. A Petition to Appoint

15 II a Conservator of the Person and Estate was filed with the Court on February 1,2008

16 " and set for hearing on March 14, 2008, in that certain action entitled In Re the

17 " Conservatorship of the Person and Estate ofFelicitas Castaneda, Proposed Conservatee, Los

18 " Angeles County Superior Court, Case NQGP 013 531. Before the hearing on the

19 II Petition to Appoint Conservator, Felicitas Castaneda (UDecedent")passed away on

20 II February 26, 2008.

21 " 4. On August 14, 2007, the Decedent filed a Complaint for Damages (sic) to

22 " Quiet Title to certain real property located at 1377Rutan Way, Pasadena, California

23 II (the uProperty"), Conversion and Fraud against Susana and the Plaintiffs herein, in

24 " that certain action entitled Felicitas Castaneda v. Susana Castaneda, Evelyn Christina

25 " Ramirez, Alonzo Manuel Castaneda, Amador Ray Reyes, and DOES 1-1000, Los Angeles

26 II County Superior Court, Case NQGC 039 4598 (URutan I"). Attached to the Request

27 " to Take Judicial Notice of Court Records (URTJN") marked EXHIBIT A filed

28 " concurrently herewith, is a true and correct copy of the Complaint filed in Rutan I,

14MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 which is made a part hereof by this reference.

2 5. On April 16, 2008, Rutan I was voluntarily dismissed with prejudice by the

3 Decedent's counsel. Attached to the RTJN marked EXHIBIT B is a true and correct

4 copy of the Minute Order of April 16, 2008 filed in Rutan I, which is made a part

5 II hereof by this reference.

6 II 6. On January 6, 2009, Plaintiffs filed the instant action for Partition of the

7 II Property against Defendant JOSE CASTANEDA ("Jose") and certain other

8 " institutional Defendants. Attached to the RTJN marked EXHIBIT C is a true and

9 " correct copy of the First Amended Complaint (sans Exhibits) filed January 26,2009

10 in this action, which is made a part hereof by this reference.

11 7. On May 4,2009, Jose filed his Answer to the First Amended Complaint for

12 II Partition contesting the validity of the Grant Deed from the Decedent to the

13 Plaintiffs. Attached to the RTJN marked EXHIBIT D is a true and correct copy of

14 Jose's Answer to the First Amended Complaint filed May 4, 2009 in this action,

15 " which is made a part hereof by this reference.

16 II 8. On February 22, 2010, trial was held in this action which resulted in the

17 II Court entering an Interlocutory Judgment in favor of the Plaintiffs and against Jose.

18 II The Interlocutory Judgment provides in pertinent part as follows:

19 " "IT IS ORDERED, ADJUDGED, AND DECREED:

20 II 1. Plainti[fsEVELYNCHRISTINARAMIREZandALONSOMANUEL

2111 CASTANEDA and Defendant rOSE CASTANEDA are the owners, as

22 II tenants in common, of the certain real property located at 1377 Rutan

23 " Way, Pasadena, California 91104, and legally described as ...

24 II 2. Plaintiff EVELYN CHRISTINA RAMIREZ being the owner of an

25 II undivided one-third (1/3) interest in the Property, Plaintiffs ALONSO

26 II MANUEL CASTANEDA being the owner of an undivided one-third

27 " (1/3) interest in the Property, and Defendant JOSE CASTANEDA being

28 II the owner of an undivided one-third (1/3) interest in the Property.

15MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 /I 3. That the Property be partitioned by way of sale and the sale

2 /I proceeds from the sale of the Property be awarded to the parties

3 II according to their respective interests; ... " [Emphasis added.]

4 II Attached to the RTJN marked EXHIBIT E is a true and correct copy of the

5 IIInterlocutory Judgment entered and filed February 22,2010 in this action, which is

6 II made a part hereof by this reference.

7 II 9. On February 23, 2010, Jose filed a Notice of Appeal from the Interlocutory

8 II Judgment entered in this action with the Court of Appeal for the Second Apellate

9 II District bearing Case NQ B222718.

10 II 10. On July 7, 2011, the Court of Appeal filed its Opinion and affirmed the

11 II Interlocutory Judgment in fulU Attached to the RTJN marked EXHIBIT F is a true

12 II and correct copy of the Opinion of the Court of Appeal filed July 7, 2011 which is

13 II made a part hereof by this reference.

14 II 11. On March I, 2010, Jose filed a Complaint for Fraud, Conversion, to Quiet

15 II Title to the Property, for Elder Abuse and for False Filing of an Elder Abuse

16 II Complaint against Susana, Gonzalo, Plaintiffs, Martha, and a notary public, Franco

17 II Fang, in that certain action entitled Estate of Felicitas Castaneda and Jose Castaneda,

18 II Administrator of the Estate of Felicitas Castaneda, vs. Susana Castaneda; Gonzalo

19 II Castaneda; Evelyn Christina Ramirez; Alonso Manuel Castaneda; Martha Castaneda;

20 II Franco Fang; and DOES 1 to 10, inclusive, filed in the Los Angeles County Superior

21 /I Court, bearing Case NQ GC 044 745 (HRutan II"). In Rutan II, Jose once again sought

22 II to determine title to the Property, which issue has already been adjudicated

23

24 ..3 On August 8, 2011, Jose filed a Petition for Review in the California

2511 .Supreme Court. On August 31, 2011, the Court of Appeal transrmtted the

26 II records to the California Supreme Court. As of the execution of this Declaration,

27 " there has been no decision from the California Supreme Court on the Petition forReview.

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16MOTION FOR APPORTIONMENT OF PARTITION COSTS

11/ adversely to him in the instant action. Attached to the RTJN marked EXHIBIT F is

2 1/ a true and correct copy of the Complaint filed March I, 2010 in Rutan II, which is

3 II made a part hereof by this reference.

4 II 12. On April IS, 2010, Susana, Gonzalo Castaneda (uGonzalo") and the

5 " Plaintiffs filed a Demurrer, Motion to Strike Portions of the Complaint, and a Motion

6 II to Dismiss or Abate Action in Rutan II, on the grounds, inter alia, that the prior

7 II Interlocutory Judgment entered in this action, and the Judgment of Dismissal with

8 II prejudice entered in Rutan I, were res judicata to any and all claims concerning title

9 1/ to the Property being asserted by Jose.

10 II 13. On May 21,2010, in Rutan II, the Court granted the Demurrer, Motion to

11 " Strike and the Motion to Dismiss in their entirety, and dismissed the Complaint on

12 " the grounds, inter alia, that the action was barred under the doctrine of res judicata.

13 1/ Attached to the RTJN marked EXHIBIT H are true and correct copies of the Minute

14 II Order of May 21,2010 and Order entered July 23,2010 which are made a part hereof

15 II by this reference.

16 " 14. On August 9, 2010, Jose opened another probate proceeding for the Estate

17 " of the Decedent by filing a Petition and Claim and Complaint for Damages for (1)

18 II Fraud, (2) Illegal Conversion Tactics, (3) to Quiet Title to the Property, etc. against

19 II Susana, Gonzalo, the Plaintiffs herein, Martha and Franco Fang (notary public), in

20 II that certain action entitled Estate of Felicitas Castaneda, Deceased. Jose Castaneda,

21 1/ Administrator of the Estate of Felicitas Castaneda, Petitioner, vs. Susana Castaneda;

22 1/ Gonzalo Castaneda; Evelyn Christina Ramirez; Alonso Manuel Castaneda; Martha

23 II Castaneda; and Franco Fang, Respondents, filed in the Los Angeles County Superior

24 II Court, bearing Case NQ GP 015 414 (URutan III"). Attached to the RTJN marked

25 " EXHIBIT I are true and correct copies of the Petition and Claim and Complaint filed

26 " August 9,2010 in Rutan III, which are made a part hereof by this reference.

27 II 15. On September 24, 2010, in Rutan III, the Court denied the Petition and

28 II Claim and Complaint without prejudice.

12MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 1\ 16. On April 25, 2011, Jose filed an Amended Petition and Claim and

2 1\ Complaint in Rutan III. To date, Jose has not effected service of process on Susana,

3 II Gonzalo or the Plaintiffs herein.

4 II 17. On July IS, 2011, Jose filed an 850 Petition seeking title to the Property.

5 II The 850 Petition has not been lawfully served on Susana, Gonzalo or the Plaintiffs

6 herein.

7 18. The 850 Petition and the Amended Petition and Claim and Complaint are

8 1\ presently pending in Judge House's courtroom and set for hearing on October 21,

9 2011 at 8:30 a.m. The Court should note that the claims set forth in Rutan III with

10 respect to the Property, are equally barred by the doctrine of res judicata and if Jose

11 /I manages to lawfully serve the responding parties, another demurrer will be filed

12 1\ and granted without leave to amend by the Court.

13 1\ I declare under penalty of perjury under the laws of the State of California

14 1\ that the foregoing is true and correct, and that this Declaration was executed on

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MOTION FOR APPORTIONMENT OF PARTITION COSTS