legal brief-Motion for Mandatory Judicial Notice

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Melody & Courtney Gillespiec/o P.O. Box 8323P orterville, C al ifornia

In Pro Per

TULARE COTINTY SUPERIOR COURTVISALIA DIVISION

Melody and Couftnel' Gillespie

OTION FOR MANDATORY JUDICIALVS.

Nicklas Hoffman, et alLAINTIFFS' MOTION TO STzuKE ANDEMURRER TO DEF'ENDANT'S CROSS-

DefendantOMPLAINTrursuant to EC 45 I-460

Plaintiffs Couftney and Melody Gillespie, in the above entitled Action

HEREBY Moves the above named Court to take Mandatory Judicial Notice of the

following Matters set forth hereafter Pursuant to the Mandatory Provisions of

California Evidence Code Section 450-459, which Motion is made in Support of the

here accompanying MOTION FOR MANDATORY JUDICIAL NOT'ICE, OF CASE NUMBER PCL

138180 IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE, AND DEMURRER TO

DEFEN DANT' S CROSS-COMPLAINT

MATTBRS TO BE JUDICIALLY NOTICED

1. THE CONTENTS OF COURTS CASE FILE IN RELATED CASE NO. PCL 138180,

Complaint, Answer to Complaint by defendants, Transcript of trial, and Final Judgmentby Hon. Glade Roper, attached hereto.

Defendant's cross complaint in case number l0-238951 attached hereto.

se No.: No. l0-238961

C .-, -]]q!5tnel' Gif les pie, Pla i rit i ffs

/ / t/-LL-'((l V,-,-<,., /-:.- t

Melody Gillespie, Plaintiffz)

Date: 02/ll/2011

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE. I

rurnnreanilS?rnronVISALIA DIVISION

FEB 15 2CI1n

LARAYNE CLEEK, OITRK

OTICE. of Case No. 138180 IN SUPPORT OF

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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 2

MEMORANDUM OF POINTS & AUTHORITIESIN SUPPORT OF MOTION

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

Sections 450-459, WHICH STATE,S:

450. .Iudicial notice may not be taken of any matter unless authorizedor 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 charterdescribed in Section 3, 4, or 5 ofArticle XI of the CaliforniaConstitution.

(b) Any matter made a subject of judicial notice by Section11343.6,11344.6, or 18576 of the Government Code or by Section 1507

Of Title 44 of the United States Code.(c) Rules of professional conduct for members of the bar adopted

pursuant to Section 6076 of the Business and Professions Code andrules of practice and procedure for the coutts of this state adoptedby the Judicial Council.

(d) Rules of pleading, practice, and procedure prescribed by theUnited States Supreme Court, such as the Rules of the United StatesSupreme Court, the Federal Rules of Civil Procedure, the FederalRules of Criminal Procedure, the Admiralty Rules, the Rules of theCourl of Claims, the Rules of the Customs Courl, and the GeneralOrders and Forms in Bankruptcy.

(e) The true signification of all English words and phrases and ofall legal expressions.

(f) Facts and propositions of generalized knowledge that are so

universally known that they cannot reasonably be the subject ofdisoute.

452. Judicial notice rnay be taken of the following matters to the

extent that they are not embraced within Section 451 :

(a) The decisional, constitutional, and statutory law of any state

of the United States and the resolutions and private acts of the

Congress of the United States and of the Legislature of this state.

(b) Regulations and legislative enactments issued by or under theauthority of the United States or any public entity in the UnitedStates.(c) Official acts of the legislative, executive, and judicial

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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE - 3

departments of the United States and of any state of the UnitedStates.(d) Records of (1) any court of this state or (2) any court ofrecord of the United States or of any state of the United States.

(e) Rules of court of (1) any court of this state or (2) any courtof record of the United States or of any state of the United States.(f) The law of an organization of nations and of foreign nations

and public entities in foreign nations.(g) Facts and propositions that are of such common knowledgewithin the territorial jurisdiction of the court that they cannot

reasonably be the subject ofdispute.(h) Facts and propositions that are not reasonably subject todispute and are capable of immediate and accurate determination byresort to sources of reasonably indisputable accuracy.

452.5. (a) The official acts and records specified in subdivisions(c) and (d) of Section 452 include any computer-generated officialcourt records, as specified by the Judicial Council which relate to

criminal convictions, when the record is certified by a clerk of the

superior courl pursuant to Section 69844.5 of the Government Code at

the time of computer entry.

ft) An official record of conviction certified in accordance withsubdivision (a) of Section 1530 is admissible pursuant to Section1280 to prove the commission, attempted commission, or solicitationof a criminal offense, prior conviction, service of a prison term, or

other act, condition, or event recorded by the record.

453. The trial court shall take judicial notice of any matterspecified in Section 452 if a party requests it and:(a) Gives each adverse parfy sufficient notice of the request,through the pleadings or otherwise, to enable such adverse party toprepare to meet the request; and(b) Furnishes the court with sufficient information to enable it

to take judicial notice of the matter.

45a. @) In determining the propriety of taking judicial notice ofa matter, or the tenor thereof:(1) Any source of pertinent information, including the advice ofpersons learned in the subject matter, may be consulted or used,

whether or not furnished by aparty.(2) Exclusionary rules of evidence do not apply except for Section

352 and the rules of privilege.(b) Where the subject ofjudicial notice is the law of an

organization of nations, a foreign nation, or a public entity in aforeign nation and the court resofis to the advice ofpersons learned

in the subject matter, such advice, if not received in open court,

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shall be in writing.

455. With respect to any matter specified in Section 452 or rnsubdivision (f) of Section 451that is of substantial consequence tothe determination of the action:(a) Ifthe trial court has been requested to take or has taken orproposes to take judicial notice of such matter, the court shallafford each party reasonable opportunity, before the jury isinstructed or before the cause is submitted for decision by thecourt, to present to the court information relevant to (1) theproprietv of taking judicial notice of the matter and (2) the tenorof the matter to be noticed.(b) If the trial court resorts to any source of information notreceived in open court, including the advice of persons learned inthe subject matter, such information and its source shall be made a

part of the record in the action and the court shall afford eachparty reasonable opporlunity to meet such information before judicialnotice of the matter mav be taken.

456. lf the trial court denies a request to take judicial notice ofany matter, the court shall at the earliest practicable time so

advise the parties and indicate for the record that it has denied therequest.

457 . If a matter judicially noticed is a matter which wouldotherwise have been for determination by the jury, the trial courtmay, and upon request shall, instruct the jury to accept as a factthe matter so noticed.458. The failure or refusal of the trial court to take judicialnotice of a matter, or to instruct the jury with respect to thematter, does not preclude the trial court in subsequent proceedingsIn the action from taking judicial notice of the matter in accordancewith the procedure specified in this division.

459. (a) The reviewing court shall take judicial notice of (1) eachmatter properly noticed by the trial court and (2) each matter thatthe trial court was required to notice under Section 451 or 453. Thereviewing couft may take judicial notice of any matter specified inSection 452. The reviewing court may take judicial notice of amatter in a tenor different from that noticed by the trial court.(b) In determining the propriety of taking judicial notice of a

matter, or the tenor thereof, the reviewing court has the same poweras the trial court under Section 454.(c) When taking judicial notice under this section of a matterspecified in Section 452 or in subdivision (f) of Section 451 that isof substantial consequence to the determination of the action, the

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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE - 5

reviewing court shall comply with the provisions of subdivision (a)of Section 455 if the matter was not theretofore iudiciallv noticedin the action.(d) In determining the propriety of taking judicial notice of amatter specified in Section 452 or in subdivision (f) of Section 451

that is of substantial consequence to the determination of theaction, or the tenor thereof, if the reviewing courl resorts to anysource of information not received in open couft or not included inthe record of the action, including the advice of persons learned inthe subject matter, the reviewing court shall afford each parlyreasonable opporlunity to meet such information before judicialnotice of the matter mav be taken."

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

Notice of it may be taken, thus it is proper for the Courl in this case to take judicial

Notice of the contents of the Courts Case file in the prior Case of WYSOCKI TRUST,

NICKLAS HOFFMAN, NICKOL GERRITSMA vs. Melody Castillo, Courtney Gillespie,

George Mason, case number 138180, Tulare County Superior coufi, Porterville Division. THE

RECORDS OF A COURT OF THIS STATE COME WITHIN THE PROVISIONS OF

SUBDTVISION (dxl) OF SECTTON 452 OF CALIFORNIA EVIDENCE CODE.

PEOPLE VS MAXWELL (1978) 78 CAL. APP. 3d I24 AT PAGE 130. "WHENA REQUEST TO TAKE JUDICIAL NOTICE OF SUCH A RECORD IS MADE EVENORALLY, SECTION 453 THEN MAKES IT CONDITIONALLY MANDATORYTHAT THE COURT DO SO. IT IS MANDATORY TO TAKE SUCH JUDICIAL NOTICEWHEN (I) SUFFICIENT NOTICE IS GIVEN TO THE ADVERSE PARTY, (2) THECOURT IS FURNISHED WITH SUFFICIENT INFORMATION FOR IT TOTAKE JUDICIAL NOTICE OF THE MATTER.'' PEOPLE VS MAXWELL,SUPRA. 78 CAL APP. 3d 124 AT PAGE I3O:

..A TzuAL COURT MAY PROPERLY TAKE JUDICIAL NOTICE OF THERECORDS OF ANY COURT OF RECORD OF ANY STATEOFTHEuNrrED STATES ( EVID. CODE 452 SUBD. (d))" FLORES VS ARROYO. 56CAL. 2d 492. 496-497; DAY VS SHARP 50 C.A.3d 904 AT PAGE 914.

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I, Courtney Gillespie, a Plaintiff

under the Laws of the State of

copies of the original, and certilied

Porterville Division.

Dated: February I l, 2011

herein, do declare under penalty of perjury

California that the documents are true and correct

by the clerk of the Tulare County Superior Court .

llespie


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DECLARATION IN SUPPORT OF JUDICIAL NOTICEIN SUPPORT OF MOTION TO STRIKE

By Melody Gillespie

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

Plaintiffs to believe that the contract could be fulfilled by Plaintiffs bearing the costs of the split

of the propefty, then in return, defendants would properly ledger the account against the note

signed by Plaintiff Courtney Gillespie, and Plaintiffs would pay off the account as agreed in the

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

the properly, and obtained forms to apply for the division of the property. Plaintiffs found out

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

the Grant Deed

6 . On or about December 1 5 , 2009 , Plaintiffs sent a letter to Ms. Geritsma, requesting her help in

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

response from Ms. Gerritsma.

7 . On or about January 4,2010, Plaintiffs sent out a second request for her assistance with the

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

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

was filed, but had an attorney at the tirne of trial.

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10' The legaltyping service typed and filed the unlawful detainer forms in case number 138180

because Defendant Hoffman falsified the information in the complaint for the unlawful detainer,

including what was typed onto the THREE DAY NOTICE. In the first complaint filed on

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

COMPLAINT-LTNLAWFUL DETAINER, incorporated herein by reference as if fully set forlh

and request rnandatory judicial notice of such. This is contradictory to the allegation made in

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 ofDefendant's cross-complaint, it states: "On or about Febru ary 2005, cross defendants Couftney

and Melody Gillespie, entered and took possession of approximately one and three quafters acres

of the subject property and has since that time withheld possession of this occupied Property fro

cross-complaintant"

11. On the arnended COMPLAINT FOR LTNLAWFUL DETAINER, item #3, was changed to state:

"1831 NORTH LIME STREET #A," and the term (Bare Land) was removed so it would appear

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.

12. Because of Defendant Hoffman's misstatements and falsification of the complaint, in case

number PCL 1 3 8 I 80, the defendants in the above named case failed to have the relief they

wanted. See Exhibit 1, Complaint for unlawful detainer, incorporated herein by reference, as iffully set fofth, and request for the court to take mandatory Judicial Notice of said document.

13. h Defendant's cross complaint, exhibit 5, incorporated herein by reference as if fully set forth,

defendants in the above named case, have submitted the many of the same misstatements to the

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

been attached to llefendants cross complaint. Plaintiff s request judicial notice of the entire

cross-complaint submitted to the above named court.

14. The documents attached to Defendant's cross complaint are false, and altered documents, with

the intent to lead the coutl to believe that the one contract with 2 pages and one attachment, is

actually 2 separate documents of some kind of proposed agreernent that there may be an option

for a purchase in the unknown future, and depending on that unknown, somehow, Plaintiffs

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

page attachment showing the amoftization of the private financing is attached to the Defendants


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of PCL 138180 answer. At no time did the Plaintiffs of the unlawful detainer object to the

attachments. Instead, Plaintiffs of PCL 138180 discussed the contract many times in the trial

transcript. See Defendant Gillespie's ANSWER-Unlawful Detainer, incorporated herein by

reference as if fully set fofih, and request mandatory Judicial Notice of such, and the attachments

to the answer. Melody Castillo and Melody Gillespie are the same. Mr. Hoffman knew Melody

for several years prior to Melody's marriage to Mr. Gillespie. The intent of the name differences

r.vas to make it look like Melody and Courtney Gillespie were business partners rather than

husband and wife, living in a home on the propefiy known as 183 I North Lime street, Porler"ville.

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,

15. On several occasions within the trialtranscript, Defendant Hoffman, who was one of the plaintiffi

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-

20; , Line 8-10; page 43,line2} thru26; on page 21 Lines 14- 26, Courtney Gillespie

testifies to the contract, without objection or being refuted by the other side, and his testimony

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,

line l-2 and line 15-26;Page 52,line 1-13; page 53, lines 2-7. All sites mentioned herein, are

incorporated by reference as if fully set forth, and request mandatory judicial notice of such. For

the testimony that was not Mr. Hoffman's in the trial transcript of PCL I 3 8 1 80, of the above

mention sites, the plaintiffs did not object, cross examine, contradict, or refute what was stated by

witnesses other than Mr. Hoffman. It was accepted as true by both sides.

16. This Declarant now requests comparison with the above referenced sites from the trial transcript

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

page 3 of the cross complaint, item#4, item #5, page 6, item #11, page 8, item #18, cross

complainants clearly contradict previous testimony in the trial of PCL 138180'

17. On page 4, item #6, where cross-complaintant states: "Under the Installment Note (Exhibit C),

which had been prepared by cross-defendants and presented by cross-defendants, the cross-

defendants had proposed paying $600.00 per month at seven (7)percent interest, and did pay the

sum of $4800, but failed to take any material action to obtain the requisite sub-division approval25


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by either the cross-complaintant or the County of Tulare which led to the tender and delivery of a

check for full refund of the said sum paid, voidance of the proffered lnstallment Note (Exhibit

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

told him because we don't have an agreement on how the property is supposed to be split, that we

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

it." Mr. Hoffman testifies under oath that he offered to pay Mr. Gillespie back for only eight

months, when Mr. Gillespie had paid for a full year of payments, plus Mr. Hoffman's electric bill

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

testimony on pages 2lthrough page26 of TrialTranscript of PCL 138180.

20. On page 2 of the Defendant's cross-complaint, line 12-19, Defendant states: "And is entitled to

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

PCL138l80 Trial Transcript, on page 23line 18-26,page24line 1-26, Page25line 1-25 Mr.

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.

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

contradicted what Mr. Gillespie had to say. His testimony was accepted as true by both sides.

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

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compensation is unjust enrichment and peonage. The statement made on Page 2,line 12 thru 16

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

misleading statement contradicted by previous testimony. See #12 of this declaration,

incorporated herein by reference as iffully set forth.

22.Item #18 restates what is in item #6. Item #6 continues: "There has been no recording of any

land sales agreement wit the office of the Tulare County Recorder, nor has there been any change

in the real propefty tax status with the office of the Tulare Counry Assessor, nor has any "Deed of

Trust" as contemplated by the offer "Installment Note Secured by Deed of Trust" (Exhibit C)

ever has been prepared or executed or delivered or accepted or recorded by any parlies ofthis

action." This is a misleading statement according to the contract signed by Mr. Gillespie and Mr.

Hoffman, as trustee of WYSOCKI TRUST. See exhibits attached to ANSWER-UNLAWFUL

DETAINER, incorporated herein by reference as if fully set forth, and request mandatory judicial

notice of. The first 2 sentences ofthe sales contract state: "Private transfer ofpropeffy rights

within the trust. Acceptance of the first payment verifies this transfer of property rights to

Courtney Gillespie" (rnisspelled in contract) and paragraph 3 states: "This is a private

document", and paragraph 4 states: "I hereby accept the above terms and position of trustee of

the H.M. Wysocki Trust." The contract is privately recorded with the Community Church of

Kaweah. Mr. Gillespie is also a trustee of WYSOCKI TRUST, according to the contract, and

therefore what is recorded as Wysocki Trust would also apply to Mr. Gillespie and there would

be no change in the real property taxes with the office of the Tulare County Assessor.

I, Melody Gillespie, a Plaintiff herein, do declare under penalty of perjury pursuant to the Laws of the State ofCalifomia that the foregoing is true and coffect to the best of my knowledge and understanding.

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DECLARATIoN BY tJ, f {r} n ,'ujl.-,

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t, {!tit, (t , J' Q-tt( ^. do hereby declare as follows:

I ', ) ,"./

I am not apafty ofinterest to the above entitled case, and am over 18 years ofage.

2. I personally served Motion for Judicial Notice in supporl of MOTION TO STRIKE

CROSS-CMPLAINT on behalf of the Plaintiffs at 139 Tulare Avenue. Tulare California on

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EXH IBIT 1

PLAI NTI FFS WYSOCKI TRUST.

NICKLAS HOFFMAN. AND

NICKOL GERRITSMA COMPLAINT

tN PCL 138180

FOR COURT USE ONLY$oLa PARA USO DE tACORTq

You have 5 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copyserved on the plaintiff. (To calculate the five days, count Saturday and Sunday, but do not count other court holidays. lf the last day falls on aSaturday, Sunday, or a court holiday then you have the next court day to file a wriften response.) A letter or phone call will not protecl )rou. Yourwritten response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response.You can find these cou( forms and more information at the California Courts Online Sef-Help Center (www.courtinfo"ca.gou/selfhelp), your countylaw library, or the courthouse nearest you. lf you cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you do not file your response ontime, you may lose the case by default, and your wages, money, and property may be taken without further waming from the court.

There are other legal requirements. You may want to call an attomey right ailay. lf you do not kno\ , an attomey, -you

may want to call an attorneyrefenal service. lf you cannot afford an atorney, you rnay be eligible for free legal services frorn a nonprofit legal services program. You can locatethese nonprofit groups at the California Legal Services Web site (r,nvw. lawhelryalifomia.ory), the California Courts Online Setf-Help Center(www.courtinfo.ca.gou/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a stratutory lien for waived fees andcosts on any settlement or arbitration award of $1 0,000 or more in a cMl case. The court s lien must be paid before the court will dismiss the case.

Tene 5 DIAS DE CALENDARIO despu's de que h enteguen esta citaci6n y papehs legales para presentar una respuesta W escnto en eslacorle y hacer que se entregue una copia al demandante. (Pan cabubr bs cinco dias, cuente hs s6bados y bs domingospero no /os otros diasferiados de la coie. Siel hftimo dia cae en sdbado o damingp, o en un dia en que la cute estd ceffada, tiene hasta el prtxirno dia de corte parapresentar una respuesta por escrito). lJna cafta o una ilamada tehf1nica no b protegen. Su respuesta pr escrito tierc que estar en formato legalcorrecto si desea que preesen su caso e', la code. Es pos6& que haya un fomulario que usted pueda usar para su respuesta. Puede encontnrestos formularbs de la cute y mds informaci6n en el Centro de Ayuda de hs Codes de Calitomia {1M^M.sucorte.ca -gov), en la bdbteca de leyes de

su condado o en Ia cofte que b qude m1s cerca. Si no puede pagar la cuota de presentaciin, pida al secretario de la cofte que b dA un formulariode exencjhn de pagp de cuotas. Siro presenfa su respuesfa a tiempo, puede peder el caso por incumplimiento y la corte b podrd quitar su suedodinerc v bienes sr'l? m€is advedencia.

Hay oilas requisitos bgales. Es recomendabte que name a un abqado inmediatamente. Si no conoce a un abogado, puede llamar a un serviciode remisk5n a abogados. Si no puede pagar a un abqado, es pos6/e que cumpla @n hs rcqubitos para obtener servic:tos legahs gratuitos de unprograma de servbbs bga,bs sitt fines de lucto. Puede encontraresfos garpos sln fines de htcro en el sitio web de Califomia LegalServbes,(www.lawhelpcalifornia.org], en el Cenbo de Ayuda de las Cqtes de Califomia, (www.sucorte.ca.gw) o ponandose en contacto con la cofte o elcolegb de abqados bcabs. A V/SO Por by, la oofte ti:'ne derecho a reclamar las cuotas y bs costos exentos por imponer un gnvamen sobrccualqubr recuperacbn de 510,M 6 mds de valor recibkla mediante un acuerdo o una concesbn de arbitraje en un caso de derecho civil. Ttene quepagar el gravamen de Ia cofte antes de que la eode pueda desechar el caso.

sutuMoNs(ctTActoN JUDtctAL)

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

YOU ARE BEING SUED BY PLAINTIFF:(LO ESTA DEMANDANDO EL DEMANDANTE):H.M. WYSOCKI TRREVOCABLE TRUST

The name and address of the court is:(El nombre y direcci6n de la cofte es):TULARE COUNTY SUPERIOR COURT87 EAST MORTON AVENUE87 EAST MORTON AVENUEPORTERVTI,LE, CA 93251PORTERVILLE DIVISION

2. The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attorney, is:(El nombre, la direcci6n y el n1mero de tel6fono del abogado del demandante, o del demandante que no tiene abogado, es):NICKLAS A. HOFFMAN, TRUSTEENICKOL D. GERRTTSMA, TRUSTEE16i4 NORTTi BRADLEY STREETPREPARED BY DEBBTEIS I,EGAL TYPING

(ss9) 901-5256

did not [--l oio3. (Must be answered in all cases) An unpryfpl detainer assistant (Bus. & Prof. Code,for compensation give advice or assisfarltffl{{|1.-this form. (lf plaintiff has rgqe}yed apydetainerass,stggt,conptele^itgJn O on the ndi(fagc).t, . . / ilrY in U,^r::'"'"' """oj'fftl{"9T%ffl u

"n ffie nexfFwb'.".1_

crerk,(Fecha) " i"f

lsecre

y from an unlawful

ty(Adjunto)

(For proof of se.:l.ice of this summons, use Proof of Service of Summons (form POS410).).de esfa citaii1n use elformulario Proof of Servici of Summons, (POS-010)).

4. NOTICE TO THE PERSON SERVED: You are served

a. l*--l as an individual defendant.

b. [-as the person sued under ihe fctitious name of (specify):

c. f--l as an occupant

d.

under: I--l ccp 416.10 (corporation) l---l cCP 416.60 (minor)

l--l ccp 416.20 (defunct corporation) [--ltcp 416.70 (conservatee)

[--l CCp 416.40 (association or partnership) [-_l CCp 416.90 (authorized person)

[-_l ccp 415.46 (occupant) l--l other (specifv):

5. Page 1 ot?-Fomldopted for Mmdatory Use

Judicial Courcil of qtgl:1 suMMoNs-uNLAWFUL DETAI NER-EVICTION soffi,Code ot Civil Proc€dure SS 412-20, 415.456, I 167

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ATTORNEY CR PARTYWITHOUTATIORNEY f/Vame, Stde garnumbet, aN €ddFJss):

JICKLAS A. HOFFMAN, TRUSTEENTCKOL D. GERRTTSMA, TRUSTEE1614 NORTH BRADLEY STREETVISALIA CA 93277PREPARED BY DEBBIE'S LEGAL TYPING

IELEPHoNE No.: (559 ) 941-5256E+4AfL ADDRESS (O$onal):

ATTORNEYFORllrlame.l: IN PRO PER

FAXNO. (Atrional):

FOR COURT USE ONLY

t i; 5::-.

: tiui'11\' 3iil' i{ii-.r i'iii? l

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SUPERIOR GOURT OF GALIFORNIA, COUNTY OF TU],AREsrREErADoREss' 87 EAST MORTON AVENUEMATLTNGADDRESs: 87 EAST MORTON AVENUE

cmyANDzrPcoDE: PORTERVIl,LE, CA 93251BRANCH NAME: PORTERVILLE DIVISTON

PLAINTIFF: H.M. WYSOCKI IRREVOCABLE TRUST rj,!,.

!/1nDEFENDANT: COURTNEY GfLLESPfE, MELODY CASTfLLO, GEORGE '!f-/Lt'

MASONtil DoESlro 10 rNcLUSrvE

COMPLAINT - UNLAWFUL DETAINER*AMENDED COM PLAINT (Amendment N um ber) :-l-xl conaplatNT l-_l ff!*iqlt &c,

Jurisdiction lcheck all that apply):

tf AcnoN rs A LrMrrED crvrL cAsEAmountdemanded fX I Ooesnotexceedgl0,000

l---l exceeas $10,000 but does not exc€ed $25,000

fl ACTION lS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)

n ACTTON lS RECLASSIFIED by this amended complaint or cross-complaint (che* alt that apply):

l-_l frorn unlawful detainer'to general unlimited civit (possession not in issue) [---l froln limited to unlimited

f--l from unlawfut detainer to general limited civil (possession not in issue) f-_l troln unlimited to limited

1. PLAINTIFF(nameeach): WM WYSOCKY TRUST

alleges c€ruses of action against DEFENDANT (name each):COURTNEY GILLESPIE/ MEIODY CASTILLO,GEORGE MASON

uD-100

Pagc I of 3

2. a. Plaintiff is (1)(2)rr2\\v/

an individual over the age of 18 years.a public agency.other (specify):

(4) T-l a partnership.(5) | | acorporalton.

(3) T_l plaintiffs predecessor in interest.(4)

Eflt]

4.5.6.

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

Plaintiffs interest in the premises is l-Xl as owner l--l other (specify):The true names and capacities of defendants sued as Does are unknown to plaintiff.

a. Onorabout(date): AUGUST 2004CASTIL],O, GEORGE MASON

defendant (name each): COURTNEY GfLLESPfE, MEIODY

(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):(3) agreed to pay rent on the l--l first of the month [--l other day (specify):

b. This [-l written [-Fl oral agreement was made with(1) TX I plaintiff.

(2) l--l plaintiffs agent.

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

Form AppmEd forOptlmal UseJudicial Cour}cil of CalifomiaUt>1oo [ReY. July 1,2005]

co M p LAt N T-U N LAWF U L D ETAr * r t"rff8l" s code of c M,,99.?ydss.1??r1ia

qPhts

WYSOCKI REVOCABI,E TRUST

DEFENDANT (Name): COURTNEY Gf LLESpIE, ME],ODY CASTILI,O, GEORGE

I X I The defendants not named in item 6a are(1) E 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 attachedand labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. proc., S 1166.)

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)).

7.4-l a. Defendant(nameeachl: couRTNEY GTLLESPIE, MELoDy CASTILLO, cEoRGE MASON

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(2) q 3Gday notice to quit(3) | | 60-day notice to quil

b. (1) On (date): DECEMBER 31, 2009

(4) | | 3-day notice to perform covenants or quit(5) E 3-day notice to quit(6) | I Other(specify):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.,

_ s 1166.)f. I I 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 byitems 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):place of business.

because defendant cannot be found at defendant's residence or usual

(3) | I by posting a copy on the premises on (date): [-l nruO giving a copy to a person foundresiding 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 mailaddressed to defendant on {date):

(5) T(Not far residentialtenancies; see CivitCode, S 1953 before using) inthe manner specified in a writtencommercial 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.

UO-10e [Rev. Juty 1, 2@51 COMPLAINT_UNLAWFUL DETATNER Page 2 of 3

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Courfney,GiltasPie.MelodyCrstiflq.Georgellfasorrfgnan'f{-Sl

t t.r t0To,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"aflhe:premlses.tc.the underCgned'on'or befor"ethat date

lfydu .FA!L TO' DO $.g, Jegd pRtqednge $l{tt ,be fir.EEtuled agshsl you ,fqi;pF-SsFssie-R 'ot:tie pr-eOi-sd5, -trJi

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 , :

citjti :p-o-=B,T.B-&-y.=rL. - - state: **.**==..*.,. ziv -*;Fz;4-,,.-,,,, r,,,.,.r=',',',",-,,T,{F=$F, - =..,,,,=,.,,,, :.,, -

-IHE:REA5.QI{:ft lls.NOTl€E:L$F-Ell{G$E.iV,ED;I$;

d* EYII-I,,REAT A}{DDInRSSST-rEreo-I$,ggCUPf SOIIT}I.I?0tr.EETOTEA{CEL TTITgOUT'OVlr[EnsPERI!trSSION.

t -g'.Nt*lYFrtt usr:oF ilG,Eitcg-r; u.RAli.p.!iED E4il:D:ds',il.ailG6ar,gir,cE',f'AxDSDsL\Es3.

3.. S.I]BLET]f,ING ANDUSINE POn|TAXLE SHED,$AIEIT.TRJIVEL TJT*'LTNS ASNTStrENC" N"9:

4. rE-LT'(iALeoAI[fs{fdNOFp.SRr4BLj*lYo-fL-r GAL-.- $rtrUCTUnE TOrIt&I[ysERWCEsw.Iftro.Itt'nsQur*ElEf orff,f y.:PJRif {r.rs"

n Bio.-q$lGErtrrrv'sEiia.cbI'NfjYP.6.ff$.Irngg:o,Tr,:lyE* .Ifff;,rrJtr-Ex{dwTE

l, ihe undersigned, being al least 18 years of age, declare-under penalV,of pedury nat tserved the above notice, of.whichthisis ewe copy, on.the bllotding tehant(s) in possession in the manner(s)indicateg hlo,!,lr'

ihe notiee io'i1he renant{s)

E10r :,.a'fei-attelilFtJr0 FrqLa[se.Flap",l, 'hali_@ f1C ng!,ae de e.i$€I*itr o-f',!r]it4F,.age ;ind

,ditrdeggn atthe t€Sidetiae&i$ness df tE, EbaDtts}.AN.D { derypsited,,:a !r-re' @FE;in::the. 'U--$; lVlajlr in .a

sbd. eovefeFe,wtlh pEstatqftilly prep;il;, addr,e-s-sed

to the lenant(g at his/her4heir f,ace. o{ msfidence {datemailed ffdifferent - I'

F{ecuteg ofi

| .psted Oe, rolice in:q .@sspigeus place dt rrltre lesHene of 'the

tanantfs],Ailtr-.ldeFiiil(sr5,lt-ue:ipptiit'the'us.Mail il a sepled erwelepe with pqstiigs -fully

prppaid, addr.esed to the fenant(4 d hisllrer/theirptace pf ',qesid-en€ (d-ate malled, il dfferent

).

1:

.

:1

,i

uD-100ATIOijiJr'OR PARTY WTHOUT ATTORNEY (iVamq Sfal umber, and addtess):

JICKLAS A. HOFFMAN, TRUSTEENICKOL D. GERRITSMA, TRUSTEE1614 NORTH BRADLEY STREETVISALIA CA 93277PREPARED BY DEBBIEIS LEGAL TYPING

TELEPHoNENo.: (559) 901-5256 FlxNo.pprionat):

E lvrAL ADDRESS fop&ral);ATToRNEYFoR(ilamel: IN PRO PER

FOR COURT USE ONLY

:, : -a_t' ::i--iiit i,;i;,lT. r,fii;.,i

: -' li irl,-, f t?

,-,iii'i, l';,'ir " : t:i..tlii1ii'--1'--.|-- \- .: *:l J & f i ai:"

A:,-)/'

SUPERIOR COURT OF CALIFORNIA" COUNTY OF TULARESTREETADDRESS: 87 EAST MORTON AVENUEMATLTNGADDREsS, 87 EAST MORTON AVENUE

crrYANozrPcoDe: PORTERVILLE' CA 9325'7BRANclttlAME: PORTERVILLE DTVTSION

PLAINTIFF: H.M. WYSOCKI fRREVOCABLE TRUST

DEFENDANT: COURTNEY GILLESPIE, ME],ODY CASTILLO, GEORGE MASON

tX] DoES 1 To 10 INCLUSIVECOMPLAINT _ UNLAWFUL DETAINER*

l---l cottlplatNT [x I AMENDED coMPLAtNT (Amendment Number): -1-CASE NUMBER:

PCL1381BO

Jurisdiction lcheck all that apply):

[Tl acrroru rs A LrMrrED crvrL cAsEAmount demanded l-X I does not exce€d $10,000

l*-l exceeds $10,000 but does not exceed $25,000

l-_l ncnon ls AN uNLlMtrED clvlL CASE (amount demanded exceeds $25,000)

I---l nCnON lS RECLASSIFTED by this amended complaint or cross-complaint (check all that appty):

[-_l frorn unlawful detainer to general unlimited civil (possession not in issue) f*] ftot limited to unlimited

f_-l fro* unlawful detainer to general limited civil {possession not in issue} I I trom unlimited to limited

1. PLAINTIFF (nameeach): WM WYSOCKY TRUST

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 month-to-month tenancy l--l other tenancy (specify):

(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

FormApprovedfsoptimar use COMPLAINT_UNLAWFUL DETAINERJudicial Courcil of CalifmiaUD-l00 [Rev. July 1, 2005]

^ i.egal code or civir ri,ll*?*?ssrlr??ri",?*)oruf,rons

Q PIus

PLAINTIFF (Name): WYSOCKI TRREVOCABLE TRUST

DEFENDANT (Name): COURTNEY GfLLESPIE, MELODY CASTILLO, GEORGEN

6. c. I X I The defendants not named in item 6a are

(1) l-fl subtenants.ror f v_l ^ '(z) rA I assrgnees.(3) I--l other (specify):

d. n The agreement was later changed as follows (specify):

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

(2) l---l 30-day notice to quit(3) T_l 60-day notice to quit

b. (1) On (date): DECEMBER 31, 2009

(4) l--l 3-day notice to perform covenants or quit

($ l-X I Sday notice to quit

(6) n Other (specify):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.

All facts stated in the notice are true.

[-il fne notice included an election of forfeiture.

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):place of business

because defendant cannot be found at defendants residence or usual

(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):

(Not for residential tenancies,' see Civil Code, $ 1953 before using) in the manner specified in a written

commercial lease between the parties.

was served on behalf of all defendants vuho signed a joint written rental agreement.

". [--] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.

d. fxl Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

c.

d.

e.

,-. f_-l(c)r r

b.

CASE NUMBER:

PCL13B18O

rJD-lOo [Rc'..July 1, 2OO5l COMPLAINT_T'NLAWFUL DETAIN ER Page 2 of3

JAt't-7-eAtA 1?:P9p FROi'1: -.1:7815??4

PLIVNTfFF(XJ"a lei E.yi. }IISOCI{I lF,Bf.rrrOeAElE .fBUg+ [clSelume*

DEFFNDANT (NAMEJ! GoURfNEY Ci}.LE:Ji PlE,.,MEIODJ EAST]I],TO,'6EORGEMA

9. f-J, Ptaintiff d-einan(tqjpqsses6iotifiom eechiie?€ridan(:because of:erpirationof afixd:{erm:leasq1 0. F At.the time lhe Sday notice to pay renl or qvit.'aas serve.d, the anounl€f renl due was $11 . il Tt-ielaii r.e4!6rlvglue of &e"premisesis,$: .pcr daI.1.2-r:f Deferifants+. nljriqed f,oslie9ltion,.tr rna{lcious.snd:pl6intif,is entit{ed:t'o:slatutorydamqges,o-rder C-i}de of Civil Frqggdure

seetionr'l174(!)',f€taleisp*nfrEfads,sutpo'liiigdaiairi,iipi.ta 60OInAttdehnentTL)13. f] A written agreementtetween he parties proviJes ficf qttorney Le-es.

M. fJ De$ndanfS tenancy is subject to the local rent control or eviction Gontrol ordinance 9f (W ot county, tittd ef ofdinance,anddato'af passage):

FIaintifi has:rn-etal!: applioable requrremerit$ d! lhd oidirJaaQES.

15. -

.Cxher allqgiatii.Dns arestrted ini{tbchrnenl f5.16. Flaiafitracaepl,s:theiuiisdictt-olr?l,litii.rl,if.aqy;,eF:the coortTZ]PLAISNFFR-E.@EST€

f. fi ,oamaoes. aJ hg ralestated in ltFr-r d,1 from(datel: &reacfidaythattr6,*obn1s: r_emdn.f-n posseosion thro.ugh edry,A_f Jt dgrnenL

g- fJ"$iafu.tiory damages up to,$600 Tgr the condurl alleged:initern t2-

n- f-fi o*rer.(svwffy1; sugE orEER ..A-ND F.U8TEE-R

EE-I.f*:EI, .t}'iAt ttig COURF: DEEU-S ,tUS? SNqP.ROEER

$. [n. Number of pages afte- chgid 6peii,ry]: :t:-UNt-Al,lfFUt OETAIBERAS-S|STAIII flB - *iP, .fof., Code, 9$ 6.40e-641 5)

19. {Comileteioefl'cdses.I An'snlalnfuldeiaher,rassistan{ l:-l OiC,npJ' F a.io tul.empensaUonpiveadvbeg.ra$sistarcg,.lr,nflthi*brm , ,{lf:plsintitfhas tweiJrg:d ao.y. !1elp'El.p"dficr, fpt'ppyittxri aa:*itfviiola*diiix.axisaa6.:sHtQ:

e. jtdS$dssfqn irtthE Itremis€s.b. co-$G inixrned in thibproaeeding:,G n iiasttirrdr€'ri't of-$d. Ef] :reasi:nablE atomryfees. 13: 1NA1;RRE E,e- f-l :forfeiture of the:agreernent.

,:+'iAssistanfs hame:'b. €tree-taddres. B. dty:, and zlp cdd6;

-c.. T.el9rtlippe ttq;:

d. ftunt11 of reglsiralion9' Regis-trstl'rn,No.;f- Eolresor fdateJi'

Date: JANUARY 1, 2A1.A

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 Stalgpfesffiomib &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

DEFENDANTS GILLESPIE,S ANSWER TO

PLAI NTI FFS WYSOCKI TRUST.

NICKLAS HOFFMAN. AND

N ICKOL G ERRITSMA COM PLAINT

rN PCL 138180

uD-105ATTORNEY OR PARTY WITHOUT ATTORNEY (Nafto and Add€ss). IELEPHONE NO

Courtney Gillespie, Melody Castillo, George Masonc/o 1831 North Lime StreetPorteruiiie, California

ATTORNEY FOR r/Name):

FOR COURT USE ONLY

r:i-; i'i r ;'rr_ ; :.i I

rl:,:i., :, t

i.', i; t ; ;.',:.:

-ti;...'1,.'. 'r ,:l : r -

(.,at: l \ I1 ,.,e,/, 4 ..- ':--. f : ..t I

NAMEoFcouRr SUPERIOR COURT OF CALIFORNIA, TULARE COTINTYSTREETADDRESS 87 EAST MORTON AVENUEMATLTNGADDRess 87 EAST MORTON AVENUE

clT.rANozlpcooe PORTERVILLE. CALIFORNIA. 9325'7BRANcH NAME Porterville Division

PLAINTIFF: H. M. WYSOCKI IRREVOCABLE TRUSTDEFENDANT: Courtney Gillespie, Melody Castillo, George Mason

CASE NUMA6R

PCL 138180ANSWER-Unlavvful Detainer

of

;{

u',,ilnr'"ia fi*' E '- nQb"\ ('tsn/lo ' G<c 07< Yt'as a tJanswers the complaint as follows:

2 Check ONLY ONE of the next two boxes:a. [Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more

than $1 ,000.

b [_-l Defendant admits that all of the statements of the complaint are true EXCEPT(1) Defendant ciaims the following statements of the complaint are false (use paragraph numbers from the ccmplaint

or explain)'

| | Continued on Attachment 2b (1).

(2) Defendanthasnoinformationorbeliefthatthefollowingstatementsofthecompiaintaretrue,sodefendantdeniesthem (ase paragraph numbers from the complaint or explain).

l---l Continued on Attachment 2b (2)

3. AFFIRMATIVE DEFENSES (NOIE: For each box checked, you must state brief facts to support it in the space provicled atthe top of page two (iten 3j)).a. [fonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.b i--l (nonpayment of rent only) Defendant made needed repairs and properly deducted. the cost from the rent, and plaintitf did

not give proper credit.c [@onpayrnent of rent on!y) An @ate). before the notice to pay or quit expired, defendant

offered the rent due but plaintiff would not accept it.d. n Plaintiff waived, changed, or canceled the notice to quit

e. [--l Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.

f l-_-] By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the

defendant in violation of the Constitution or laws of the United States or California.S TPlaintiff s demand for possession violates the local rent control or eviction control ordinan e of (city or county, title

of ordinance, and date of passage):

(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 olFom Approv€d by lhe Judraai

Council ot CalilomiaUD'105 lRev. Jenuary t.20071

ANSWER-Unlawful Detainer

uD-l05PLATNTIFF (Name): H. M. WYSOCKI IRREVOCABLE TRUST CASE NUMEER

PCL 138180DEFENoANT (Nane): Courtney Gillespie, Ivlelody Castillo, George Mason

3 AFFIRMATIVE DEFENSES (cont'd)j Facts supporting affirmative defenses checked above (identify each item separately by its letter from page onel.

WYSOCKI TRUST, by its representatives Nickol Gerritsma and Nicklas Hoffman, sold property rights toCourtney Gillespie in a land contract. See exhibit "A". There are no rental or lease agreements. Alldefendents request that Plaintiff prove any and allclaims to the parcel of property in question.

(1) I-7-l All the facts are stated in Attachment 3j (2) | / I Facts are continued in Attachment 3j

4 OTHER STATEMENTSa. l-_l Defendant vacated the premises on (date).

b [--l Thefairrental valueof thepremisesallegedinthecomplaintisexcessive (explain)

c

5 DEFENDANT REQUESTSa 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

f7l Number of pages attached (specity). f qa

UNLAWFUL DETAINER ASSISTANT (Business angl,Professions Code sections 6400- 6415)(Must be completed in all cases) An unlavuful detainer assistant M did not [-.] OiO for compensation give advice or

assistance with this form. (lf defendant has received any help or advice for pay from an unlav,tful detainer asslslanf, sfale

b Telephone No.:

e. Registration No.:

\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:

Courtney Gillespie,Melody Castillo/G. Mason

^ n ^^i^l^^rr^ ^^-^,d. n>>l>(dtR> |rdlilE.

c. Street address, city, and ZIP:

d. County of registration: f. Expires on (date)

)

/ol-F

UD'105 [R6v January 1,20071

IWPE OR PRINT NAME)

ANSWER-UnlaMul Detainer Pag6 Z ol 2

PLAlNrlFFiPErlrloNER: H. M. WYSOCKI TRUSTDEFENDANT/RESpoNDENT: Courtney Gillespie, Melody Castillo, G. Mason

CASE NUMBER:

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-labout buying a piece of properfy together.

2. After consideration of a few different properties, a mutual decision was made on the l0 acre parcel knorvnas 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 eachother rvith building 2 residences, subdivide properfy, and share the equitable interest.

-1. Approximately August2004, after installing the power utilities, Melody Castillo and Declarant moved ontothe 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 theproperty. Title of property was placed in WYSOCKI TRUST and the property rights was sold to Declarant byland 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 tosLrbdivide or to file any notice of impending subdivision.

7. Declarant denies any and all allegations made in the original complaint.

8. Declarant is unaware of existence of any oral rental or lease agreement.

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)

f, ptaintitr l-l petition",

E Otner ,.Specity):

l-l Attorney for

t] RespondentMercnaant

Form Approved tor Optional Us€Judiciai Council ol CatifomiaMC{31 [R€v July 1, 20051 Pago 1 ot 1

ATTACHED DECLARATION

PLAI NTIFFiPETITIONER:

DEFENDANTiRESPONDENT:

H. M. WYSOCKI TRUST

Courtney Gillespie, Melody Castillo, G.

CASE NUMBER:

PCL 138180Mason

MC-031

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.

2. Declarant is unarvare of existence of anv oral rental or lease agreement.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Date 0ll2l12010

Melody CastilloTURE OF OECLARANT)

fl Attorney for

E Respondent

tlT

Plaintiff I-l Petitione, E(Defendant

Other (Specify):

(TYPE OR PRINT NAME)

ATTACHED DECLARATIONFom Approved for Optjonal Use

Judrcial Counql ol CalifomiaMC{31 (R€v July 1, 2005) Pag. 1 of I

PLAlNrlFFrPErrrloNER: H. M. WYSOCKI TRUSTDEFENDANT/RESpoNDENT: courtney Gillespie, Melody castillo, G. Mason

CASE NUMBER:

PCL 138180

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.

2. Declarant is unarvare of existence of any oral rental or lease agreement.

I declare under penalty of perjury under the laws

Date 0ll21l20l0

Ceorge Mason

of the State of California that the foregoing is true and correct

Ptainiiff [-lPetitioner VDefendant

(TYPE OR PRINT NAME)

ATTACHED DECLARATIONFom Approvod for OpUonal Use

Judicial Council ot CatitomiaMC-031 [Rov. July 1. 2005]

Pagc 1 ol I

lAme.ican LegalNet. Inc. I

lw.UscourrForm3 @ I

Exhibittt

rytt

DO NOT DESTROY THIS NOTE: when paid, this N<)ue and t,he Deed. ofTrust, mus! be surrendered wiEh a request for reconveyance.

Installment Note Secured by Deed of Trust

On or before Ehe f irst day of the second month in t.he year,.::20LZ A. D. , f or value received, Lhe undersigned, Courtney .:-;:Gillespie, promise to pay in lawful money of the Unit.ed States',:.of 'Amerida;I

' The ' lI M Wysocki Irrevocable TrusE, r et order, aE,...,:designat,ed., locaEion, 'the sum of sixty: Eho,rt"hd Uott.t"" .'

(S6q,000) lwit,h inE,eresE, from Ehe date of execut,ion of t.his'rrqnot,e unEil. paid, at, E,he interesE, raEe of 7 p€8,,-cenE, per,r;i1lannum, ppyable in monthly insE.allments of at leiasE, $500.00,:i';.-;,'beginning on Ehe first, day of the third month of 2005 and '.'continuing .monthly t.hereafEer unEil paid in full :

Should. int,erest, noE be so paid, iE shall thereaft.er bear likeinf-eresF. is fhe nrinr:ini'l hrrl- qttch unoaid interest Sc lrarugr s 9 9 q9 9aa9 Y! 5^rv5!/q4 ,

compounded:shaIl noE, exceed an amounE ecrual,Eo simple inE.ereSE,.,'r.:r' r ' .te permiLged, bv 1aw.:..-1i'or=r'Ehe unpaid:principal: aE, the maximum ra.. ' '- -! :,,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. noEe.1 tni= note is', secuiea uy 'a;,fji:certain DEED 'OF TRUST to Nicklas Art.hur, as TrusE.ge. .' ,, . =.,i:*i:i,. ,'.-:ii,irn the event, of voluntary saIe, dny alienation o'lt'borr.r.y3ni"'i,i-9of ..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 1",:".:ld1L,-, i1',-tl-?-,?!E'ion or-,,lhe :;l?rd?', . *3v#liirmnediately

t| LLS.L eLtIIUer r .ctL -.ti become due::and::and payable." -' :,''- ' .

..,^ ' "Tl..r.i,i,.: ^ :, 1 f :

Payor'l reserves Ehe privilege and option of prepaying the- -. --' -I- - - -.. ;:iwithin noE,g in full or part, dE any tirne, without. penalty _r-ti.

.?

Privat.e t,ransf er of property rights wiChj.n Trust,. Acceptance of f irst.payment verifies Ehis transfer of propert,y rights to Gourtney GeIIespieLir-e eof fowing described propert.y and rA of permit.ced act,ivicy per Count,yof T\rlare wi-th Ehg obligaEions incurred thereby. Tulare Count,y APN255-230-004. . .property DescripE,ion: Of Ehe approximat.ely L0 acre parcel the sout,h 120feel of:t.he easE half and Ehat, part, of t.he west half excluding Ehe nort.h1rf} fooF

pa).menEs sha1l be a minimum of $5OO/mont.h wi[h a 7% apr and aII due on1-15 -20L2 (7yrs) . Tax obligaeion (St.aEe rent) is ret,roacEive t.opossession and' portion shall be due upon demand per CounLy of T\rlare.

This is.a privat,eby the church'aflper lCor 6:1.

I hereby accept,Wysocki Trust..

law documenE, dtry adjudication shalI be assigned onlyKaweah board of elders or other body of Christian men

the above Lerms and position of t.rustee of the H. M.

Nicklag ArEhur fo:' H M Wysocki IT

coL'RTlrEy cfr r,pgp1g TO H. M. VrySOCKI TRUST

1E31 N I.IME ST

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< 5 ACRES AT RD 248 & AUE 1?I1-10-2005 bogl--iug belalco 50,000.

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COLN,TNEY GELLESPIE TO H. M. WYSOCKI TRUST18]1 N LI}{E STPORTERVILLE, CA 9]2S?

< 5 ACRES AT R.D 248 & A\TE 171

1_10 -2005 bogl.-lng baluoc 60,000.

pa)acEt detcJ-Ul-s) lntcrcaE accruad (7t- x.0058/roo,)

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intorcst, accruad (7t' x.0058/no.)PaleonE

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-9VU.59,495,

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59,2{0.

tatarGsts accrrrod (71. x. 0058,/no. )

PalBeE!

M

COURTNEY GELLESPIE

t-10-200s

< 5 ACRES AT RD 248 & AVE 171

TO H. M. WYSOCKI TRUST1831 N LIME STTUKlT,KVI.LrJL, Lfi >JZJ/

beginning balance 60,000.payment date3-01-05

payment

4-01-05pa)rment

payment,=================================================================h-tt | -lt\

payment=========-=======================================================/-uJ--u)

payment=================================================================d-uJ.-u)

pa)nnenE=================================================================

payment=================================================================IU-UI--U5

palnnenE _./= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =r=l= --n71= = = = = = = = = = = = = = = = = = = = = = =

-------- :ii:::-- I'i.w

- 500 .

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-600.

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POS-030

ATTORNEY OR PARTY WTHOUT ATTORNEY (NAME, SIAIE 8AT NUMbCL ANd AddreSS):

Courtney Gillespie, Melody Castillo, George Mason

c/o l83l North Lime streetPorterville, Califon, ia

TELEPHONE NO:

€-[.1AlL AODRESS (OPrtotal)

ATTORNEY FOR lName)l

F.dX NO. (Oprotal)

FOR COUR| USE ONLY

. .;iil , .

t^!.it'. {)\

I :-i''""tl:4/

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUIATC

sTREETADDRESs 87 East Morton AvenueT,TATLINGADDRESS 87 EaSt MOltOn Avenue

crry AND zrp cooE:Porterville, California 93257BRANcH NArdE: Porterville Division

PErlrloNER/PLAINTIFF: H. M. WYSOCKI IRREVOCABLE TRUST

RESpoNDENT/DEFENDANT:Courtney Gillespie, Melody Castillo, G. Mason

PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVILCASE NUMBER

PCL 138180

(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.

z. Myresidenceorbusinessaddressis: {t$ €lor;r/.q-r}xr"tnr_ , thn6fa., Q^-A,frnL

3 On (date):0112212010 I mailed from (city and state)the following documents (specifu):

Answer to Unlawful Detainer '',vith declarations and exhibit "A" attached

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. lamreadilyfamiliarwiththish,,-i^^^-'!- ^.^^|ice for collecting and processing correspondence for mailing. On the same day that correspondence isuu5r tEJ- ) Pt duLl

nrenorr fnr nnttoe{inn and mailing, it iS deposited in the ordinarv course of businesS with the United States POStal Service rn

a sealed envelope with postage fully prepaid.

The enveiope was addressed and mailed as follows:

a Name of person served:H. M. WYSOCKI TRUST, Nickol Gerritsma. TRUSTEE; Nicklas Hoflmanb. Address of person served:

H. M. WYSOCK] TRUST1614 Bradley streetVisalia, CA93292

[-me name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service

by F i rst-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

A,rLu 3

Nicklas Hoffman1831 North Lime streetPorterville, California 93251

RSON COMPLETING THIS FORM)

Form Approved for Oplional U3oJudicial Council ot CalifomiaPOS-030 [N€w January I, 20051

PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVIL(Proof of Service)

w.coutlinlo.a.gov

LegalNet, IncUSCourtFoms.@m

Codo of Crvrl P.o@dure. 5S 1013, 1013a

EXH IBIT 3

TRANSCRIPT OF TRIAL of PCL 138180

TUTARE COUNW SUPERIOR COURT, PORTERVILLE DIVISION

IN AND FOR THE STATE OF CALIFORNIA

HONORABLE GLADE F. ROPER, JUDGE

DEPARTMENT 3

H . 14 . I^IYSOCKI IRREVOCABLTRUST,

Pl ai nti ff,VS.

COURTNEY GILLESPIE.

NO, PCL 1 381 80

Defendant .

Portervi I 1e, Cal ifornia Harch 23, 2410

REPORTER'S TRANSCRIPT

UNLAWFUL DETAINER PROCEEDINGS

CivilAPPEARANCES:

For the Pl a'i nti ff : ANDRE GASTON,Attorney at Law

For the Defendant: PRO PER

ANN CAVIN,Tulare County

csR #13189Superior Court

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Tuesday, March 23 , 2010

-o0o-

THE C0URT: Wysocki Trust versus G-i I I espi e

and Castillo and Mason.

Mr. Hason filed an answer, but he has thenpassed away?

DEFENDANT GILLESPIE; He is deceased, yes. He

djed just a few days before the hearing.THE COURT: Okay. you have on1 y one wi tness?

MR. GASTON: Yes, Your Honor.

THE COURT: 0kay. Go ahead , p'l ease.

Stand and rai se your ri ght hand, p'lease .

NICKI.AS HOFFT'IAN

Produced as a wi tness on behal f ofthe Plaintiff, having been first dulysworn, testified as follows:

DIRECT EMMINATION

BY },IR. GASTON :

0. pl ease state your name and spel] yourlast name for the record.

A. My name i s Ni ckl as Hoffman

H-O-F-F-M-A-N,

0. Are you the owner of the trustees H.I,l.Wysocki Trust?

A. Yes, I am.

ANN CAVIN,TuJare Countv


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0. Is that property owned by the is the

property at 1838 Ljme Street #A in Porterville, Tulare

County, owned. the by trust?A. Yes, it is.0. And

HS . CASTI LLO : Excuse ile , p-l ease , there are

some thi ngs from the I ast heari ng that we need to go

over before we start any tri al .

THE COURT: Al I ri ght . What was that?MS. CASTILL0: Number one, the minute order

i s 'incorrect . It says that George Mason and Courtney

Gillespie was here. And unless your recorder can see

dead people, he wasn't here. He was deceased at thattime. I was the one that was here.

THE COURT: Al I ri ght .

MS . CASTI LLO : Me1 ody Ca st'i I I o .

And it says here: Court indicates toPlaintiff Nicklas Hoffman that a trustee can'trepresent himself and the Court will continue the case

so the defendant could hire an attorney.You never did order us to hire an attorney.THE COURT: Okay. That was obviously

i ncorrect .

l'ls . CASTI LLO : And then

THE COURT: Why does that matter?MS. CASTILLO: Well, I would like a correct

ANN CAVIN,Tul are Countv


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record.

THE COURT: Does any of that matter?

MS. CASTILL0: I don' t know. I don't know i fit matters or not for posterity.

THE COURT: All right, Do you plan on

submi tt'ing th j s to your posteri ty?

l'ls. CASTILL0: f 'm sorry, I j ust dj dn' t want

it unorder for us to hire an attorney when we didn'tcome with one.

THE C0URT: The mi nute orderi s obvi ousl y i nerror saying that George Hason was present, and the

i nd'icat'ing that the defendant coul d hi re an attorney

was so that the Pl a'inti ff coul d take an attorney,lls. CASTI LL0: And we had a moti on before the

Court that's never been responded to for judgment on

the pleadings, and I'd ljke a ruling on that before we

proceed any further.And I'd like to propose a motion before the

Court at thi s ti me that thi s case be d-ismi ssed

because

THE COURT: Just a mj nute, p1 ease .

Al I ri ght . So what ' s your posi ti on on the

moti on of j udgment of the p'leadi ngs?

MR. GAST0N: Fi rst I've heard of i t . Your

Honor.

HS . CASTI LLO : I have 'i t ri ght here . He ' s

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ANN CAVIN,Tul are Countv


had over a month to resPond to it.THE C0URT: Your client did not submit the

moti on to you?

MR, GAST0N: Thi s i s the fi rst f 've heard

there was a motjon for a judgment on the pleadings,

Your Honor.

THE C0URT: Al I ri ght , I ' m go'i ng to take the

moti on of j udgment for pl ead'ings under submi ss j on .

A1 I right. What was your second motjon Yrou

wanted to make?

MS. CASTILL0: Moti on to di smi ss , because

there is two reasons.

Essential parties of the case are missing and

the other one is the fact that the Unlawful Detainer

UD-100 is not a proper action because -it's a land

contract that's never been disputed, and there was no

rental contract agreement on the pleadings.

The UD-100 is for rental of structures.There was never any structure. There is no rentcontract, there is no structure, it's bare land. There

is no action for bare land, and we were tenants in

common, not landlord tenants.

And, common tenancy comes under djfferentrules, they don't come under the unlawful detainer

action. Thjs is an improper action.THE COURT: All right. I djdn't understand

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your argument that necessary parties are not involved.

HS. CASTILLO: The property's been deeded to

Shawn Ray Enterpri ses . Wysock'i gave up i t ' s j nterest .

And Nicklas Hoffman, he's not a trustee ofrecord, he's not an owner of record. There is nothing

that can t-ie hjm into it except at one time he dld make

a I and contract agreement w-ith us and none of that'sbeen ever di sputed before thi s court . There -is no

evi dence of any I andl ord -tenant rel ati onsh'i p .

THE C0URT: Al I ri ght . I 'm goi ng to take

that al I under subm'i ssi on .

MS. CASTILLO: I have a copy of the escrow

papers that show who the owners are

THE COURT: We' re go'i ng to proceed wi th the

tr-ial . I 'l I take that under submi ssi on and rul e at thesame time.

Go ahead , p-lease .

BY MR. GASTON :

0. And the property at 1831 North Lime

Street # A in Portervjlle, Tu'lare County, is that owned

by the Wysockj Trust?

A. Yes, it is.0. And August of 2004, di d you enter i nto

an agreement wi th Courtney Gi I I espi e and Me'lody

Castillo regarding this property?

No, we di d not .



A.

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ANN CAVIN,Tul are County


0. Was there an agreement?

A. February of 2005, there was an

agreement .

0. 0kay. What was that agreement i n

February of 2OO5?

A. It was an offer to purchase, and therewas a note and whi ch was suppose to be fol I owed by

subdivision of the property to be done by the note

holder and then they would give us a trust deed to

secure that note and there was no money down. Payments

were to be a mj ni mum of $600 per month. That's

basi ca1-ly

0. And did the defendants follow through

with the terms of that agreement?

A. They made payments of $600 for ei ght

months and that's'all and then stopped making payments.

MS. CASTI LLO : I obj ect . Rel evance ,

THE COURT: 0verrul ed ,

BY MR. GASTON:

0. When was the last time the defendants

made any payment to you or the Wysocki Trust?

A. That woul d have been the fi rst week of0ctober i n 2005.

0. What action did you take after the

defendants stopped making any payments?

A. In January of 2006, I gave them their

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note back and I wrote on it: "Vojd. No agreement.,, Itold them that we were no longer interested in pursu.ingtheir purchase offer and that they should at thesame time r asked them to take some time so they couldstay on the property for a while to look for anotherpl ace and save up the-ir money so they can move.

f'ls . CASTI LLO : I obj ect . I rrel evant .

THE COURT: 0verrul ed.

BY I'IR. GASTON:

0. so you returned the notice, crossed outand out wrote "Void" on it?

A . Yeah, I wrote "Voi d', on i t .

0 . Tol d them to take thei r t-ime , a fewmonths, then move off.

D'id they ever move off the property?A. No, they never di d.

0. Di d they ever pay you or make anyfurther payments on the note or any further rentalpayments after Januany 2006?

A. No. October 2005 was the rast time wereceived anything from them.

0. Did you take any further actionregardr'ng thei r occupancy of the premi ses?

A. No, I didn't take any action untilAugust of 2009 when I noti fi ed them that we wereinterested the trustees of the trust were interested



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csR #13189Superi or Court

i n se1 1 -ing the property and that they woul d ei ther have

to make an offer to purchase the property or make other

f iving arrangements.

0. And what happened as a result of thatconversati on?

A. Wel I , they became hosti I e towards us

immediately towards the tenants of the property.

0. Did you serve a notice on the tenants?

A . Yes . When I say they were unw'i1 1 i ng tocooperate and had no jntention of leaving on 0ctober

22nd, T had mai I ed to them through the post offi ce a

notice to vacate by December 31st of 2009.

0. Did they vacate after you mailed them

that notice?

A. No, they dj d not .

0. Djd you give them any further notices?

A. Well, he objected to vacating to the

property per the notjce and he brought forward our

agreement. Our sale agreement of 2005, which we both

signed for mediation upon.

So I set up a mediation that we both agreed

upon and called upon and meet for mediation.

0. Who was that mediation with?A. That mediation was with the church we

both attended at that time, The agreement, made thatwith the elders of the church Kaweah.

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0 . And what was the resul t of thatmedi ati on?

A. They said that they had the money to

purchase the property. That they want to pay off the

note in jt's entirety because they were stjllinterested in purchasing the property.

0. So what happened after that?A. Also, they agreed to apply as per the

origina1 agreement for the subdjvision of the property

within seven days, which they did not, so they

defaulted on the mediation agreement.

0. So what was the after thi s was a

mediation within the church

MS. CASTI LLO: Obj ecti on . There i s no

evidence of any mediation before this court.THE COURT: He just testified to it.MS. CASTILL0: There wasn't one. We never

recei ved one

THE C0URT: You may d'i sagree , but there 'i s

ev-idence of it because he testified to it. Your

obj ect'ion j s out of I i ne .

0verrul ed.

MS. CASTILLO: Okay.

BY HR. GASTON:

0. Is this a copy of what was the result of

ANN CAVIN,Tuj are County


medi ati on?

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A. Yes. A copy of thi s was mai I ed to me

and suppose to have been mailed to them.

0. That is the copy of the original stamp

on it?A. Yeah . I have a copy of the ori gi nal .

MR. GILLESPIE: With no signatures on it.THE WITNESS: Wi th the church seal and the

si gnature of the pres-idi ng el der.

MR, GASTON: I need to show that to you.

l'lR. GILLESPIE: Who i s that?

MR. GASTON: I don't want that marked, Your

Honor, I want the copy marked. I just wanted to show

the Court that there is an original.MS. CASTI LLO: f ' ve never been presented wi th

that before.MR. GILLESPIE: No signatures, Your Honor.

THE COURT: Why i s thi s rel evant?

MR. GAST0N: It's just to show that there

had been an attempt to mediate and subsequent promise

made and promises weren't followed through.

THE C0URT: Do you want to I ook at thi s , Fls .

Cast.il I o?

MS . CASTI LLO : Yes , p-l ease .

BY MR. GASTON:

0. So after this attempt to mediate, what

steps were presented that the tenants were go'ing to

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take?

A. They were goi ng to adhere to the

medi at'ion . They made that apparent .

A. But what were the representations thatthey were going to do as a result of this mediation?

What had been agreed to between you?

A, 0h, okay . That they woul d appl y forsubdivision of the property because they stjll wanted

to purchase,

MR, GILLESPIE: It's in a trust. It can't

THE COURT: Si r, don't i nterrupt hi m j n a

middle of his testimony, please.

THE WITNESS: They woul d appl y for the

subdi vi si on of the property i n whi ch we woul d

cooperate the trustees of the trust would cooperate

with that when it was injtiated, and then they would

purchase. They were going to pay off the note in it'sentirety because the notes stipulate that we could

i f -it was i n defaul t we coul d demand payment on theful I note on the ful I amount.

0. And you woul d gi ve them a bal ance due?

A. Yes.

A. Did you do that?A. Yes, I did.

0. Is that the copy you presented to them?

ANN CAVIN,Tu'l are County

CSR #13189Superior Court

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A. Yes, it is?

l4R. GILLESPIE: Who js shawn Ray Enterprises?

}4R.GAST0N:Ijustneedtoshowthattoyou'I need to give it to the Court.

MS. CASTILL0: 0h, I 'm sorry.

MR. GILLESPIE: Is Shawn Ray Enterprises here

today?

THE C0URT: Are you submj tti ng thi s as an

exhi bi t?MR. GAST0N : Yes .

THECOURT:Doyouhavetheotherexhib'it

there, Ms. Castillo?MS. CASTILLO: Yes, I do. I object to both

of those exhibits.THE COURT: 0n what basi s?

MS. CASTI LLO: Wel I , they' re unfounded .

THE C0URT: TheY' re what?

MS. CASTILL0: Unfounded . There's no

si gnature, noth-ing to veri fY i t .

THE COURT: So you' re obj ect'ion i s based on

there being no foundation?

MS. CASTILL0: There is nothing to verify or

anyth-ing to say that those weren't j ust made up on a

computer today.

THE COURT: So are you offeri ng these or you

j ust wanted them marked?



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MR. GAST0N : Just marked .

THE COURT: And your objection is premature.

MS. CASTILL0: 0kaY.

BY MR. GASTON :

0. Okay. So di d they .i n f act pay the

balance due, Iess the electrical cost?

A. Once I presented them with the demand as

per the med'iati on, he scoffed at me and made i t crystal

clear that they had not started the process for the

subdivision of the property and let me know that they

were no way go'i ng to keep the medi at i on agreement '

THE C0URT: Who i s he?

l'lR. HOFFMAN : Courtney Gi 1 I espi e. I 'm sorry,

Your Honor.

BY MR. GASTON:

0. And at that point, did you g-ive them a

three-day notice to quit?

A. No, I did not g'ive them a three-day

notjce to quit at that point. That was later on.

a . 0kay . So di d you at some po'i nt gi ve

them a three-day notice to quit?

A. Yes. They were served.

0. Is this a copy of the note attached to

the complaint?

A. Yes, it is.0. Did you serve that to them on

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A. Yes,

0, Have

their items from the

December 28th , 2OO9?

A. Yes, it was.

0. Are you seeking possession of thepremi ses?

we are.

the tenants vacate and remove al Iproperty?

A.

0.

damages or j ust

A.

premi ses .

MR. GASTON : That 's a1 1 , your Honor.

THE COURT: All right. lvlr. Gillesp-ie, didyou have any questions for Mr. Hoffman?

MR. GILLESPIE: yeah, the papers.THE c0uRT: No. Let me we need to c1arify

this.I'm trying to do th'is 'in an order'ry manner.

This is not your opportunity to testify. you'll have afull opportunity to testify rater on, but if you have

any quest'ions for Mr , Hoffman that you want to ask toelicit any relevant evidence, then you can do that,

You may not argue with hjm. you may nottestify right now. If you have questions for hjm. thenth'is is the time to ask him.

Yes.

Are you seeking any kind of monetary

seeking possession of the property?

Real 1y, we just want possess-ion of the



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Di d you have any quest'ions for hi m?

MS. CASTILLO: I do '

THE C0URT: I'm not talking Mr- Gillespie?

MR. GILLESPIE: NO.

THE COURT: Ms . Casti I I o, do you wi sh to

cross-exami ne?

MS. CASTILLO: Yes.

CROSS- EXAMINATION

BY MS. CASTILLO:

0. At what ti me di d You Present the

Gjllespie's with the rental agreement?

A. Never had a rental agreement.

0. How many bui I d'i ngs are on the property

ri ght now?

A. 0n the part you occupy or

0. Okay, the part we occupy.

A. There are no permanent structures on

that part of the property.

0. That wasn't my questi on.

How many buildings are on there at this time?

A. I have no clue.

0. You I i ve next door.

A. We have not put any bu-il di ngs on the

property. There are a lot of portables, sheds, and

stuff like that.



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0. So, okay, there are buildings on the

property and you just admitted that none of them are

yours, right?A. Yeah, w€ have no permanent rentals on

the property. Yes.

0. So i t's bare I and that we occupi ed when

we went over there and we bui I t the property.

MR. GASTON : Obj ecti on , Your Honor . That ' s

not a question, it's argument.

BY MS. CASTILLO:

0. OkaY.

So when we moved there or began occupat.ion of

that part of the property, was it bare land?

A. Yes. It was bare land, that's correct.0. I object to this being an ejectment

proceedi ng.

THE COURT: It's not an ejectmentproceedi ngs.

MS. CASTILL0: I don't want i t to be.

THE COURT: Do you have any other questions?

MS. CASTILLO: No, that's it at this time.

THE C0URT: Any redi rect?l4R, GASTON : Not at thi s t'ime. No, Your

Honor.

THE C0URT: Any further evidence to present?

MR. GAST0N : No, Your Honor.

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THE C0URT: Are you submi tti ng these

exhi bi ts?

MR. GASTON: No.

THE C0URT: Okay. Al I ri ght , l,lr . Gi I I espi e ,

did you want to offer any evjdence?

MR. GILLESPIE: Yes, I do.

THE C0URT: Al I r-ight . Were you goi ng totesti fy?

MR. GILLESPIE: Yes.

THE C0URT: Can you stand and raise your

right hand, please, to be sworn,

COURTNEY GILLESPIE,

The Defendant, having been first duly sworn,

testi f-ied as fol I ows :

MR. GILLESPIE: They talked about that I had

to d'ivide the property. I cannot divide the property.It is so convoluted into trust. They told me that thetrust, trustee, or the person who had the propertywould have to divide th-is up.

I told him I have $00,000 to pay for it, but

he has to divjde. He has to get the dlvis1on of theproperty. He's denied me this. f've sent him lettersback to second response that he needs to divide theproperty so that we can go through with this landcontract, and he's denied me of that.



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For six years, I've paid the power on theproperty. Paid his power on the property. The power

meter comes i nto my property and -it's been i n my name

or my father's name, and he refuses to divide theproperty.

THE COURT: "He," is Mr. Hoffman?

MR. GILLESPIE: l,|r. Hoffman.

MS . CASTI LLO : 0r anyone f rom Wysock'i Trust .

THE COURT: Ms. Castillo, he's testjfyingri ght now.

MS. CASTI LLO: f 'm sorry .

THE COURT: You'l I have a ful I opportuni ty totesti fy.

MR. GILLESPIE: We have asked him at thatti me to at I east pay hal f of the power b'i I I . He ' s

refused -it .

When we had talked to the attorney outside,we said we can come to an agreement here if he wants topay half of his electricity and pay me $10,000 for-improvements, we can revolve this prob-lem. And theywould not resolve.

I don't wish to be there. I don't wish to be

under the humiliation that he's put me through these

last sjx years.

f t's I i ke the ma'il box. We had the mai I box i nf ront of our house. l,rlhen thi s started, he pu1 1ed the

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majlbox out and jerked it and moved it down 300 feet.It's already been filed in with the postmaster.

When the Court tried to send us mail, the

mail was gone. So I'd have to come to court and findout what was go'ing on here.

The rest of it is in the motions. Your Honor.

THE COURT: Anyth'i ng el se?

MR. GILLESPIE: That's it.THE COURT: Do you wish to cross-examine?

CROSS- EXAMINATION

BY MR. GASTON:

0. Did you receive the note back from

Mr. Hoffman with the "void" back in late 2AO5?

A . Yeah , wj th my checks stapl ed to 'it .

0 . So you d1d recei ve i t?A. Yes. He told me "no. " He says the

contract, you can't do it. He says because of the

contract on the back. All I had to do was make one

payment on it, but he's accepted one years of payment

and now he's saying, [o, we can't do this.0. And you haven't made my payments since

October of 2005?

A. I pa'id his $1 ,000 a month electric bill .

a. And you occupy the premises?

A. Yes.

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0. You have trailers on the premises?

A . I have bu-il di ngs. I have sheds that are

there,

MS. CASTILL0: I object to that. That's'irrel evant . He's tryi ng to say that we' re doi ng

somethi ng i'l 1ega1 I'ike what he put on the three-daynotice. And that's slander and libel. Whatever

position we're in js because of his refusal toTHE COURT: Objections overruled.

BY MR. GASTON:

0. And you have el ectri ci ty hooked

the sheds and trailers?A. Travel trailers?0. Yes.

A. I have a drop yes.

0. You've uti I j zed the el ectri c'ityA. Yes, I do. And the agreement js

to pay half.0. Do you have a wri tten agreement

up to

effect?A. Wel I , woul d you pay somebody's

electricity for six years?

THE COURT: Just answer the question, p'lease.

THE WITNESS: No.

MR. GASTON: No further questjons.THE C0URT: Ms . Casti 1

-lo , d j d you have any

al so?

he -is

to that



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questions for Mr. Gillespie?

BY MS. CASTILLO:

0. Okay. By el ectri c bei ng hooked up to

travel trailers or sheds, did you mean that they'rehooked up to the utilities you know, what I mean isthat they' re connected d'irectl y?

A. No. They can be unpl ugged .

0 . So there 'isn't a code v'iol ati on?

A. No. They can be unpl ugged .

0. And when Nj chol as had you s'ign th'is

contract, did he at any time tell you that he could

revoke it at at any time or by some alleged group oh

wait.Djd he tell you it could be revoked at any

ti me?

A. No. He said I was trustee, which statesit on the contract.

0. Read that there.

A. Private transfer of property rightswithin trust except of first payment verifies thistransfer of property rights to Courtney Gillespie as

followed describes the property of one half permitted

acti v'ity per County of Tul are wi th obl i gati ons j ncurred

thereby Tulare County jn the APN number property

approximately described ten acres 120 south feet do,

d?, da.

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Payments shall be paid of $600 a month, seven

percent 'i nterest due 1 | 1512012.

A. 0kay. When you agreed to thi s , di d you

understand it at any time that he could say, "No, Idon't want on do bus j ness w-ith you anymore, get off ofthe property?"

A. 0r God tells him that0. No.

A. or that he doesn't want to.0. Don't whatever God saYS might

hearsay. What you bel i eved yourse'lf .

A. I di dn't bel'ieve he woul d cancel thi s.

0. What were the events that I ed up to hi s

cancel I ati on or hi s a1 l eged cancel I at-i on of a b-i I ateral

contract?

A . What i t was i s that we were goi ng tosplit this, figure out the dlmensions, and spf it thisthing 50/50.

Wel I , at that time he says that the county

takes so much of the road up front, so I would have toallot him for what the county is taking him on the

road,

0. And how much of the frontage property

di d he want?

A . He wanted 30 feet of my frontage. The

contract says half. It's not half of three or half of

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two. It's half of ten acres.

0. What about the draw'ing up of theproperty? Did the county oh, one question.

What happened when you took the divjsionsthat he wanted to make through the county?

A . They sai d , flo way we coul d that . you'l Ihave to do 'it straight down the mjddle. county refusedme on the divisions.

0. And di d Ni ckl as agreed wi th sp1 i tt-ing j tdown the mi ddl e?

A. No, he did not. He wanted it his way.

0 . And i s that when he decj ded he no 1 onger

wanted you there?

A . That 's when he sai d, "Nope. ', He says

contract ended.

0. Did you provide did you put theplumbing in on that property?

A. I did ail the plumbing. I djd alt theelectrical. I did all the trenching.

a . What about I evel-ing?

A. I did all the levelling of the land. We

he-lped him build that house. we levered --I worked

three weekends, which is probably 1zo hours moving dirtto build his house.

0. How many bui I di ngs di d you he.lp bui I d



there?

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A. Two.

0 , And at what how far a'long was hi s

house when he decjded he no longer wanted you there?

A. He had just finished it.0. How much of the fenci ng have You

provided for that property?

A. Fj ve rol I s of sheep wi re. There are

probab'ly 200 feet i n each rol I , p1 us two rol I s of

Barbwi re. Al I of the si x i nch pi pe. There i s twel ve

1O-foot, 6 inch pipes we put in all of the corner

posts.

0. How much of developing of the land have

you done?

A. I did all the disking. I did all the

underground service,

0. And el ectri ca1?

A. I did the electrical. I did all of the

electrical underground service.

0. What i s your qua'li f i cati ons for doi ng

el ectri cal and pl umb'ing?

A. I 'm a stati onary eng-ineer .

0. Whi ch does what? What does i t take to be

a stationary engineer?

A. Well, it's a skilled trades job. How

can I define it.a. What f'm getting at is, what made you



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qual i fy to do plumbing and electrical?A. Through mY trade of 30 Years.

0. And You have

A. Certi fi cati ons .

0. So about how much monetary I oss woul d

jf you just walked away from the property rightyou be

now?

A . Probabl Y about $30,000.

0. Is that including the electrical?A. Wel I , el ectr-ical probabl y runs i nto

about $25,000 and you figure another 10-15 for the

i mprovements .

0 . Woul d you have done thi s i f you bel i eve

you were renting and it was a unilateral agreement?

Could you never mind.

Would you have done these improvements if you

bel i eve that you were noth'ing but a renter?

MR. GASTON : Obj ecti on , 'l eadi ng .

THE COURT: 0verrul ed . Can you answer thatquesti on?

THE !'JITNESS: Yeah .

We di d a contract , we s'igned

THE C0URT: The questi on j s woul d you have

done that if you believed you were a renter?

THE WITNESS: NO.

BY I'IS. CASTI LLO :



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0 . Di d you bel i eve that you were si gn'i ng a

unilateral contract that could be discarded by one side

at will?A. No, I did not.

0 . D'id you f u1 1 y bel i eve 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 he si gned i t '

0.Whenyouattemptedtogetinformationonthe trust after you were a trustee, what happened?

A. He got he didn't want to go into the

trust and trustee. And fina1ly, you know, with all of

the PI work and research work, w€ finally located it to

where everything js at.Yeah, I still don't even know who is the

trustee, trustees, or secretaries or any of it. There

is no paperwork. I don't even know if he's a trustee'

0. So do you feel that Nj ckl as was bei ng

what's the term? Gave you full disclosure upon the

contract when you made the agreement with them?

A. As of todaY, flo.

0. Did you try to did you send not'ices

to the only trustee that we could find of record to



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request?

A. Garjshma. Garishma Trust, yeah, with

the address that's on the title company and they

refused service.0. Ri ght here?

THE COURT: Are you saying that the title ofthe property is not in Wysocki Trust?

THE WITNESS: No, it's Garishma, Garishma

Trust.MS. CASTILLO: No, not Garishma. Here's the

example and I have one for you too. Let's see if I can

f.ind it.THE COURT: Have you seen thi s?

MR. GASTON: No.

f'ls . CASTI LLO : Here . I got one f or you .

This was what the electrjc bill usually run.BY MS. CASTILLO:

0. Do you remember what the interestpayments were on the property?

A. Seven percent.

0. No, what the average

A. 0h, the average? No, I do not.0. 0kay. Do you remember what hj s average

bill is? The average electricity bill?A . Average el ectr-ici ty bi I I w-i I I run

between $600 and $1 200 a month.



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A. And which his half of his share would

be?

A. Hal f.0. I know. 0f 600, 700, is what?

A. Yeah.

THE COURT: Thi s i s j ust a copy of the Court

m'inute order.

MS. CASTI LLO : 0h , okay ,

THE WITNESS: We di d put i n a separate

service meter in December.

BY I4S. CASTI LLO:

0. And what was js that something that

had been di scussed at the church?

A. That was discussed at the church to put

that i n.

that?0. And what was Mr. Hoffman's response to

A. He came over and try to run my

contractors off.0 , And then what di d he do? What di d you

have to do to stop him from

A. Well, he took a swing at me and I shut

the gate and pushed him down on the ground. So he went

ahead and called sheriff's out, and sheriff's had toldhim to go home. He was trespassing. Then he calledthe code enforcement out and the code enforcement



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I ooked at i t and sai d al I you're doi ng -is a subpanel ,

and they left.0. Do you feel that Ni ckl as has al J owed you

to comply with what you understood had been agreed upon

at the church?

A . I 'm st'il I wai ti ng on parcel spl i t .

0. That's not what I asked.

A. No, he hasn't. He hasn't come up withthese agreement.

0. What was your understanding of when allof us talked and you felt that there may have been

agreement between you and N-ichol as . What di d you get

out of it?A. They al I three agreed that he needed to

pay half the electricity and that he needed to do theparcel split so he can get his $60,000 and everybodywoul d be happy.

0. And what did they say about theagreement?

A. You know, I don't thjnk they ever saidmuch about the agreement because when he left, he

stayed there and they al1 confirmed together. So Idon't know what they

0. After you left?A. Yeah. They confi rmed after we I eft . So

it really wasn't a mediation hearing, jt was more of a



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hang jury.0. You felt it was a hang jury?

A. Yeah. You can see because they never

put their John Hancock on the paper.

0. Did you get a chance to read that?A. Yeah. None of it was true.0. Well, I wouldn't say that. I mean there

WAS SOME

THE C0URT: Is that a quest-ion?

MS . CASTI LLO: I 'm sorry .

BY MS. CASTILLO:

0. 0kay. Don't say none of it was true.

MR. GASTON: Obj ecti on, your Honor .

THE C0URT: Susta-i ned . That ' s not a

questi on . You ' re ask'i ng hi m a quest'ion?

MS. CASTILL0: That was nonresponsive, I'msorry.BY MS. CASTILLO:

0 . Okay. When you I ooked at what he handed

you right now, does it look like what was agreed upon

at the church?

A. Hal f owner yeah, the hal f owner

subdivision. The subdivisjon they told me no way

they're going to subdivide it that way.

0. Well, the county probably would have had

to tell never mjnd. I'm not going to say it. I



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Yeah the calculated balance this you

('indicating) and demand for payment 15

never agreed to.Okay. That part was never discussed?

No.

So di d you w-itness anyone si gni ng thatdocument?

A. Nope.

A. Now, are you famj I i ar wi thA. I know these guys. Yeah, because I go

to church with them. Fred Bator, I've known him for 15

years.

0 . Di d that I ook 1lke hi s si gnature?

A. Fred's very proud of his signature and

he would have put his signature on there. These othertwo, maybe

0. So, do you believe that that's not a

copy of an authent-ic document? Those men could havesubmi tted to you to hel p you and N-ickl as resol veyour

know, th'i s here

days, thi s was

0.A.

0.

three

thei r

wi thdraw thatA.

one.


A. If they were the men I would say thewise men of Church Kaweah, they would have put

signature on it.MR. GASTON: Obj ecti on , specul ati on.THE COURT: Sustai ned ,


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BY MS. CASTILLO:

0.Doyoubelieveyouhavedoneeverythingyou could to resolve the differences between you and

Ni ckl as?

A. You know there's ways few ways that

we can go. Two or three ways that we can go '

He can parce'l sp'l i t i t , get hi s money, get

his $60,000 that we agreed to, honor the contract that

he signed or he can pay me for the half the power that

he's used along with what I put into the property. You

know, this can be done with. We don't sit here and

have to fight.0. When we sent out the notices requesting

who the board of trustees were and toMR. GAST0N: Does the Court want to try to

mediate this thing to try to get this resolved? Imean, I don't know if it can happen.

THE C0URT: Yeah , not at thr's t'ime ,

MR. GILLESPIE: I'm willing to resolve this,Your Honor.

THE COURT: What are you proposi ng?

MR. GILLESPIE: He can either honor hiscontract, parcel split jt, get his $60,000 that he

agreed to on the note his agreement, or he can pay

me half the power for what he's used over sjx years.

THE COURT: How much i s that?


CSR #13189Super-ior Court

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THE WITNESS: It might run into $30,000'

MR. GAST0N: Forget i t , Your Honor '

MR. GILLESPIE: I 'm wi'l1i ng

THE COURT: Let's j ust go ahead '

Do you have any other questions for him?

BY HS. CASTILLO:

0 . When we attempted the I etters, we sent

how many letters did we send to the trustee?

A. We sent two of them.

0. And what happened three days after we

sent this second letter?A. We got retal i ati on.

0. Whi ch was?

A . Thi s here. Was thi s here, ask'ing forthe trustee to resolve this.

THE COURT: Are you fi ni shed wi th your

questi on?

MS. CASTILLO: Yes .

THE C0URT: Any cross-examination or any

further cross?

l4R. GASTON : No , Your Honor .

THE COURT: Al I r.ight , di d you have any otherev'idence you wanted to present Mr. Gj I I espi e?

MS. CASTILL0: Other than the request

THE COURT: We1 'l , you ' 1 t have the

full opportunity to present any evidence. I'm asking



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j f Mr . Gi I I esp-ie have any?

MR. GILLESPIE: No, Your Honor.

THE COURT: Al I ri ght . Pls . Cast j I I o, do you

have anything else you want to present?

MS . CASTI LL0: Yes , I do .

THE COURT: Are you testi fyi ng?

MS. CASTILL0: 0h, I need to swear.

THE C0URT: You want to be sworn to testify?MS. CASTILL0: Yes .

THE COURT: Stand and raise your right hand.

]'IELODY CASTILLO,

The Defendant, having been fjrst duly sworn,

0kay. Go ahead, pl ease,

MS. CASTILLO: 0kay.

Number one, r didn't want to even enter intoan agreement with Mr. Hoffman, but I went with my

husband's wishes. when he threw thjs envelope at us

that had the marking "void" across the paper, that was

the original contract, we were under the understandingthat once the money had passed that the contractcouldn't be obliterated without a proper lawsuit forsome kjnd of breach. We continued, try to pay, but he

tore up our checks. we had no because he lives atthe same property and receives mail at the same

testified as follows:THE COURT:


csR #13189Super-ior Court

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address, we couldn't send it certified returned

receipt, so we continued to pay the electricitybecause the electricity was the same amount as the

interest payments.

His electricity was the same amount as the

interest payments, so, therefore, he would recejve no

damage. The contract was to last a full payment upon

2012 wh j ch we fu1 'l y i ntended to pay as soon as we coul d

get these i ssues resol ved, but he wasn't di vi d'ing theproperty.

How he wanted to di vi de the property was tohave all the frontage road except for a very small partwhere we can have our entrance at, the county would notgo for that.

He refused to resolve and have it divided theway the county would agree to. It's basically up tothe county on how that this be done. They're not goingto go with just any type of property sp1it, so that was

beyond our w-ithout hi s cooperati on, that's beyondour abil ity.

To say that we're not complying with thecontract because we d'idn't do that, he cannot benefitfrom hi s own harm.

l4R. GAST0N : Obj ecti on , your Honor . It ' s

argumentati ve. It 's not test-imony.

THE C0URT: Objectjon sustained.



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MS. CASTILLO: This is what I fu11y berievedat the time he handed it to us, that's why the onlyresolving we could do at that t'ime without total 1y notpaying him so that he could call us derelict is to pay

the el ectri c'ity because he refused to accept any otherpayment.

I fu11y believe that that was the way to keep

him from being harmed and for us to remain jn activepart'ici pati on unti I we coul d get i t resol ved .

He let this go on for fjve years wjthout a

compl ai nt . There was no comp'lai nt . There was no

modjfication to the agreement. we had until 2012 tocome up wi th $60 , 000 , and he was a'l ready recei v-ing

i nterest .

As far as him accelerating the payment inDecember, there was no agreement to accelerate thepayment and we were still in limbo as far as gettinganything resolved about the property.

Th'i s al I came about when i n August he deci ded

he wanted to sel I us the property at $2q0,000 after we

had a1 ready agreed at $60, 000 . And we bel .ieve thatI believe that he put us'in that sjtuation so he couldbring us to this point because he wanted to increasehjs profits from the property.

Now, he sord our water shares and he kept theproceeds. He sold the $60,000 interest in the property



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in the ten acres and he kept the proceeds from that,

That's all the documentation that you have there.

As tenants i n common, w€ were suppose to

sp-l 'it the proceeds and so therefore that shoul d go

agaj nst whatever he cl ai ms that we owed ' We' re sti I l

not sure lf he's the correct party to be here standing

and suing, because we couldn't get any answers from the

trust j f i ndeed i t even ex'ist . We went to try to fi nd

anything about the trust. We tried to find meeting

records, anything we could find, Nothjng, So the only

thing we could come up with is that these trusts were

i ntended to keep us f rom ever own'ing the property from

the beg'i nni ng and i t was wi th the j ntent to swi ndl e us .

I think that the fact that he has refused towork things out with us and has filed this lawsuitslandering our interest in the property, I beljeve isevidence of the fact that that's what he intended todjd was swjndle us. He has suffered no damage from

having us there.MR. GAST0N : Obj ect'ion , argument j ve .

THE C0URT: You're argui ng, yeah.

Now, do you have any other evjdence topresent?

MS, CASTILLO: 0kay. You got thi s , ri ght?

And I have the letters that we sent.THE C0URT: Well, are you offering these into



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evi dence?

|v|S, CASTILL0: Yes . We have the ori gi nal .

Okay, here's our first letter and here's our

second I etter, and I have

THE C0URT: I 'm ta1 k'i ng about the copi es of

the recorded documents that you submitted.

MS. CASTI LLO : Yes .

THE COURT: Are you offeri ng those 'i nto

evi dence?

MS. CASTILLO: Yes.

THE C0URT: Any obj ect'ion to that?

MR. GAST0N: The first two pages, it's Ch-icago

Ti tl e report . I don't th'ink i t's anyth'ing spec'ifi c tothat.

MS. CASTILLO: That shows where the documents

came from. That wasn't justTHE COURT: As to the recorded documents.

it's still with those.

MR. GAST0N : No obj ecti on to the recorded

documents, Your Honor.

THE COURT: Al I rj ght . Let me mark. I 've

got a deed of trust recorded January 11th, 2006.

MR. HOFFMAN: That was the second mortgage on

the property.

THE C0URT: From Nickol Gerritsma as trustorand New Parad'igm Hol di ng Company as trustee. And then

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there's a grant deed recorded May 17th, 2A04 from Anne

Mjnter, trustee, grants to Nickol Gerritsma, trustee.

And then there i s a deed recorded May 17th,

2004 a deed of trust with Nickol Gerritsma trustee as

trustor and Chi cago t j tl e as trustee, and a part'ia1

map.

Any objection to those being received?

l'lR. GASTON : No , Your Honor .

THE COURT: I 'm go'ing to mark that as

Defendant's "8. "

(Defense Exhibit B marked fori denti fi catj on . )

Do you obj ect the Ch'icago Ti tl e Company-informati on?

l'lR. GASTON : It ' s hearsay. No foundati on .

MS. CASTILL0: That's straight from the taxassessors that the second document i s . That's a pub]i crecord.

THE C0URT: There i s a I etter from Courtney

Gillespie to Nickol Gerritsma undated.

MS. CASTILLO: No, it's dated. It's up above.

THE COURT: Thank you . Dated January 4th ,

2010 .

MS. CASTI LLO : And here' s

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THE C0URT: Are you offeri ng that?

MS, CASTILLO: Just to show that they never

responded to our request for i nformat'ion .

MR. GI LLESPIE : She' s a trustee w'i th her

address. Never responded.

THE COURT: So you ' re offeri ng that as an

exhi bi t?

MS. CASTILLO: Yes .

THE C0URT: And is thjs suppose to be taped

to it?MS. CASTILL0: Yeah , that ' s the that shows

that it was sent in receipt and this is the letter thatwas recejved, the other one was rejected.

THE COURT: Just a moment. Let me show him

thi s fi rst.MS. CASTILLO: Uh- -

THE C0URT: Just a moment , pl ease.

Any objection this this?MR. GASTON: No.

THE COURT: Al I ri ght . Let me have thatmarked as Defendants "C, " and then you had something

e'lse you wanted to submi t?

(Defense Exhibit C marked fori denti fi cati on . )

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MS. CASTILLO: Yes.

BY MS. CASTILLO:

0. Is this a letter that You sent?

A. Yes, it is,0. OkaY. And i t shows?

A. Thi s was the fi rst one you got . The

second one, this was to Wysocki Trust.THE COURT: Have you seen thi s?

Ariy obj ecti on to that bei ng recei ved?

MR. GAST0N: No.

THE COURT: We'll mark this Defendant's next

in order.

(Defense Exhibit D marked fori dent'if i cati on . )

Di d you have any other evi dence , lls .

Casti I I o?

MS. CASTILL0: I would like for the Court totake mandatory judicial notice of the entire record orthe case.

THE C0URT: Are you ta1 ki ng about the Court

file?MS . CASTI LLO: The Court fi I e .

THE C0URT: Is there something specifical1yyou want me to cons'ider i n the Court fi I e?

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MS. CASTILLO: Yes . I have al I of the

exhibjts attached to the Court filing the motjons.

Almost all of them have been put forth here.

THE COURT: I ' I I take j ud'ici al noti ce of the

file.Any other ev-idence you want to present?

MS. CASTILLO: No, that's it.THE COURT: Al I ri ght . Dj d you have any

cross exami nat'ion for her?

MR. GAST0N: Yes .

THE C0URT: I'm going to stand the objection

as to Defendants nA' as no foundation. "B," 'rCn and

'D" are received into evidence.

CROSS- EXAMINATION

BY MR. GASTON:

0. Did you receive this notjce to vacateOctober 21st in the mail? Do you recall receivingthat?

A. No.

a. No further questions.

THE C0URT: All right, any rebuttat evidence

to present?

MR. GAST0N: Yes . We cal I Mr . Hoffman .

THE C0URT: Al I ri ght .

REBUTTAL

Ht



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BY MR. GASTON:

0. You heard thei r

validity as a trustee. Can You

exp-l ai n to the Court who Ni ckol

A. Ni ckol Hoffman,

mother who is deceased.

questioning your

respond to that and

is?H.M. Wysock'i is my

Nickol Gerritsma is my daughter who is the

trustee that js named on the grant deed which holds the

property in her name as trustee of the H'M. Wysocki

Trust so the H.M. Wysocki Trust does own the property

currentl y and as of l'lay 2004 .

0. And are you also under the trust deed?

A. Yes. I'm a fam'i1Y trustee.

MS. CASTILLO: Can I redirect on that?

THE C0URT: He ' s not f -i ni shed Yet .

BY MR. GASTON:

0 . You've heard the testi mony of the

tenants regarding obligations to cooperate with

dividing the property; do you have a response to that?

A. Yes. The original agreement was for no

money down. Instead of a down payment, they agreed to

i ni t j ate the subdi v'i s'ion wi th the county , wh j ch we

would fu11y cooperate with that, was never done.

I have even no evidence that that was never

done or any attempt was even made.

We woul d have cooperated fu'l 1y had they kept



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the original agreement as per the note.

0. So i t was your agreement that they woul d

take the actions and you would cooperate with them?

A. Yes. It would be done at their expense.

Correct,

0. There is testimony from the tenants thatyou failed to cooperate, that you didn't cooperate with

them. They couldn't get the they couldn't get

anything djvjded.A. We never received any documentation to

cooperate with. There was never I don't believe

that I've ever seen any evidence that any process was

injtiated as far as the subdivision of the property.

There was no application for subd'ivisjon I never

i n'iti ated so there was absol utel y noth'ing to cooperate

with.And on the sp1 i t, yes, i n November of 2004 we

had a djscussion where a disagreement arose about

exactl y how the property was to be spl-it .

At that ti me I gave Mr. Gi I l esp-ie a check forthe full amount that he had paid for the eight months

at $0OO and told him because we don't have an agreement

on how the property 'is suppose to be sp1 i t , that we

can't go through with it. So I attempted to return allof the payments. It was at that time that he said he

wanted to go to the mediation that we agreed upon and I

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told hjm to go ahead and arrange'it, that I would abide

by whatever the result was. They agreed upon

medi at'ion . I wai ted three months, they never heard

anything from them, never recejved any payment. It was

at that ti me that we deci ded they were no -longer

interested in the property, that's when we returned the

note "void" on'it's face and told them we were no

longer interested in pursuing any other purchase offersand told them to take some time to save up money. They

could stay on the property for whatever necessary time

they needed to make other living arrangement or look

for another piece of property, and that's where we leftoff jn January of 2006.

We haven't heard anythi ng unti I we started

until we asked them this year to move off of the

property. So four years of si I ence after us gi vi ng h'im

the note and cancel 1 -ing the agreement , they never

attempted to renegotjate or negotiate into agreements

since then.

t'ls. CASTILL0: l{ay I redi rect?THE COURT: He's not done yet .

BY MR. GASTON :

0 . There i s some testi mony about se'l 1 i ng

water share. Do you have any idea about that?A. The water company was too expensi ve. We

weren't usi ng the water, so at the trustee meet'ing we

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decided to sell the shares to another person who needed

the water from the water company as the water was not

even useabl e and i nf rastructure was not even -in pl ace

or kept up. So i t was j ust cost"ing us the property

ordinance the hundreds of dollars a year for something

we hadn't used or could not use, so, YBS, we sold those

water shares. We had a right to sell them too.

Well, there was the thing about testifyingabout the when I came over to inspect the work on

the that they were doi ng, but then I have noth'ing

el se.

A. Nothing further, Your Honor.

THE C0URT: Ms . Casti I I o, you wanted to cross

exami ne?

MS. CASTI LLO: Yes .

BY MS. CASTILLO:

0. Thi s board of trustees, who was al I on

that?A. Myself and my daughter on that.0. So, when you said that Courtney became a

trustee on part of it, then you and your daughter could

collude to have him be on the board, but you never

di scl osed th'i s?

MR. GASTON : Obj ecti on , argumentati ve.

BY MS. CASTILLO:

0. 0kay. Did you ever disclose to Courtney



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when you s'igned the agreement and pai d you that at any

time you could shut him out of the board of trustees?

A. No.

0. Did you disclose the trust by'laws and

agreements?

A. No,

0. But yet he was suppose to be part of the

body of trustees?A. No, he was not .

0. Any agreement he was board of the

trustees?

A. No. He sa'id he accepted the posi ti on.

By the next trustee meeting came around, he had already

defaulted and there was no way we were going to accept

him as a trustee.0. So you scheduled your meetings when it's

conveni ent?

A. No, our year'ly meeti ng i s on the second

Saturday or third Saturday of January of every year,

0. Did you ever djsclose this toMr. Gillespie when he signed the contract?

A. Yes. I bel'ieve I di d tel I hi m when the

next meeting was.

0. And the board of trustees could sell the

water shares of the property without discussing it withother tenants on the property?

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A. 0f course.

0. Wi thout

A. PropertY owner.

0. What about Shawn Ray Enterpri ses? Who

i s that?A. Who i s Shawn Ray Enterpri se? What are

you referring to?

MR. GASTON: Obj ecti on . Beyond the scope

ofMS . CASTI LLO : Shawn Ray Enterpri ses -i s a

critical part, because they also had an 'interest in the

property and I want to see jf we were treated the same

as Shawn Ray Enterprises.

THE COURT: Objection sustained.

BY MS. CASTILLO:

a. Okay. What date djd you sell the water

shares?

A. I don't remember. I don't remember what

date we sold the water shares. I'm sure it was several

it was at least a year after Courtney Gillespiedefault on his note and sale of purchase agreement.

0 . Speak'ing of whi ch you sai d somethi ng

about negoti at'i ng a new agreement and you had sent some

kind of document, djd you bring that with you?

A. f'm sorry, I don't understand thequesti on .

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0. You testified earlier about some

document that you gave Courtney to make new

arrangement- - 1 iv'ing arrangement.

A. No, I returned the note and I gave him

I tol d hi m that 'informati on that we were no l onger

interested. I don't have a letter or a note that Iattached to that.

0. And you said five years of silence.far away do you I i ve from the Gi I I espi e' s?

A. Pardon?

0 . How f ar away do you I-i ve f rom the

Gillespie's?A. Well, probably about a hundred feet.0 . And how of ten were you com'ing over

before al I of thi s started?A. I have no idea.

0 . How about dai 1 y?

A. I don't understand the question or therel evance.

0. You claimed that there was no

commun'icati on between you and the Gi I I espi e' s thatthere was silence for five years 4 years.

A. There was no communication on the matterof the returned note with "void" and "canceled" across

the face of it. There was no communication on thatwhatsoever.

How



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0. If you were cancel'li ng the contractMR. GAST0N : Obj ecti on . Argumentati ve .

THE COURT: Wel I , I di dn't hear the questi on .

MS. CASTILL0: Pardon me?

THE C0URT: Go ahead and ask your question,

p1 ease.

BY I,IS. CASTI LLO :

0. What do you believe your duties are when

you're trying to amend the contract and jt's clear Mr.

Gi I I espi e doesn't want to.MR. GAST0N : Obj ectj on . That ' s a I ack of

foundat'i on .

THE WITNESS: I don't understand thequesti on .

THE C0URT: I don't understand the quest'ion ,

MS. CASTI LLO: He' s cl ai mi ng when he statedthat there was silence and nobody ever tried torenegotiate a contract.

Our stance is, there was a contract. Why

should we negotiate a new one?

I want to know why he bel j eved there was

silence and no communication between the two of them

over negot-iati on of a new agreement when he was over

daily on a daily basis, had barbecues at our house.

THE C0URT: Di d you have any dj scussj on

regarding modification of an agreement?

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THE I^JITNESS: No

THE C0URT: 0kay.

t'ls. CASTILLO: Mr. Gillespie would you

bel'ieve thatTHE C0URT: He' s testi fyi ng .

BY MS. CASTILLO:

0. If you felt that there should have been

a renegotiation, who do you believe duties it was when

you were the one who was trying to change the contract?

HR. GAST0N: Objection as to facts not in

evi dence. "Tryi ng to change the contract . " Hi s

testimony was that he returned it as being void.

THE COURT: I think the question isambjguous. He's already testified that.

Di d you make any attempt to modi fy any

agreement?

THE WITNESS: No, si r .

THE COURT: Di d anybody make any attempts?

THE WITNESS: No, si r.THE COURT: Okay. So there is no attempt

made. That ' s hi s testi mony.

BY MS. CASTILLO:

0. Then what are you basi ng your bel lef on

that you, by yourself, can change a contract that'sbeen jn effect for a year and it's for sjx years or

seven years?



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CSR #13189Superi or Court

A. There was no attempt to change anything.

0. But you're saying there is no contract?

A. There is a default of agreement. There

is a default of sale agreement.

0. Default?

A. Defaulted according to the results the

note is defaulted upon. Payments were ceased jn

October of 2005. No payment has been made since. Ireturned the note "void, canceled, no contract." That

was the end of it, as far as I was concerned. I never

heard any no one's retried to negotiate or trjed a

new agreement since then, That's my testimony. I can

only say it so many ways.

THE C0URT: Any other questions for him?

MS. CASTILLO: No, that's it.THE C0URT: Al I ri ght . Anythi ng further?Nope? 0kay.

MR. GASTON: No, Your Honor.

MS. CASTI LLO: Can he say someth.i ng or Ican say lt?BY MS. CASTILLO:

0. But how often was Nicklas over to the

house whether he was wanted or not wanted?

A. Everyday on Saturdays or Sundays when we

had barbecues. He lives a hundred feet away.

THE C0URT: Did djd you have any argument as

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how I shoul d deci de the ev-idence, Mr. Gi I I espi e?

MR. GILLESPIE: It's like I stated before.

I'm wi 1'l i ng to negot'iate here. There 'is two ways he

can go. Either he can as a trustee, he can go with the

original contract or he can pay me what he owes me on

the power and what I've put into the property and we'llleave. But he's accepted a years of payments.

Now, I don't know if he's pa-id taxes on it or

any of this, but the thing of it js he's accepted the

money on the contract. And that as a trustee, that's a

breach of the contract.THE C0URT: Al I ri ght .

Ms. Castillo, do you have any arguments as tohow I should decide the matter?

MS. CASTILLO: Yes , I do.

Th1 s i s cl earl y someth'ing outsi de of thescope of an unlawful detainer. There was no rentalagreement and also no bu1lding the land was bought

together.

l'ly husband put i n al I of the work thatNicklas couldn't do himself and then he says there isno down payment . We put j n a I of of work and sweat

equity as well as money because he used all of our

tools and equipment to scope out the landscape to be

able to put hjs house in. We helped him build hishouse. Once he had no use for us, then he didn't need



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the agreement anymore.

we defaulted.He tore up our checks and sa-id

The Cal i forn-ia I aw i s very cl ear on that and

the Civil Code is when a good faith payment is tendered

and rejected, it's a debt forgiven. He cannot

THE COURT: What sect-ion are you referringto?

MS. CASTILL0: I don't have it on hand to be

able to present that to you. It's there, and

THE COURT: Wel I , i f you' re goi ng to cj te the

1aw, you need to tell me what the c'itatjon is.MS. CASTILL0: 0kaY.

THE COURT: It's not very helpful for me

when you say " f t 's very cl earin the Cal i forni a Code"

and not sjte where you're talking about.

MS. CASTILL0: Okay, I understand .

THE C0URT: Okay, Go ahead , pl ease.

PIS . CASTI LLO : Anyway , we di d our best not todo anything to harm hjm in anyway and he-is in returntry'ing to harm us.

This is clearly outside the scope of an

unlawful detarlner because it needs to be dec'ided who

owes what and it can't be it's not a rental

agreement, never has been a rental agreement. There

wasn't a presumed rental agreement. This js his way ofcont'inuing to take whatever we have left.



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THE COURT: 0kay. Di d you i ncur costs?

MR. GASTON : Fi 1 i ng fee.

Di d you 'incur a fi 1 i ng fee?

MR. HOFFMAN: Yes .

MR. GAST0N: I show a cost here of $325.

THE COURT: All right. Did you incur costs?

Court costs in filing an answer?

MS . CASTI LLO: Yes . We had to fi I e $700 .

$700 filing fee plus the motjons. It was sixsomething? Yeah, it was almost $ZOO.

THE COURT: You don't know what the costs

were?

l{S . CASTI LL0: I wasn ' t the one that pa'id 'it .

I just handed the money over. Whatever it was, it was

to file the motjon for three people.

MR. GILLESPIE: I think it was $615 or 20,

MS . CASTI LLO: We had to pay for George . He

was e1 derl y .

THE COURT: No? You don't know how much i twas?

MR. GILLESPIE: No, Your Honor, I don't.MS . CASTI LL0: Whatever cost for the c.ivi I

matter times three.THE C0URT: AlI right. I wjII take the

matter under submission, do my best to sort through

from the last of evidence.

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I thjnk my parting word would be, no matterwhat could be said about th'is case, the word "c1ear'ly"

should never have been used jn any of the statements,

Thank you.

(Proceedings concl uded. )

-o0o-



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STATE OF CALIFORNIA )

)

)

ss.

COUNry OF TUI-ARE

I, ANN CAVIN, an Official CertifiedShorthand Reporter of the Superior Court of the State of

California, do hereby certify:That the forego'ing acti on was taken down

'in stenographi c shorthand wri ti ng and thereaftertranscribed into typewriting, pages 1 through 56, and

that the forego'ing transcri pt const'itutes a ful I , true,

and correct transcript of said proceedings.

Dated : March 23. 201 0.



fi ci al

EXH IBIT 4

JUDGEMENT BY HON. GLADE ROPER

rN PCL 138180

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNry OF TULARE

PORTERVILLE DIVISION

tl-l: ,i '

H. M. WYSOCKI TRUST,

Plaintiff,

VS

COURTNEY GILLESPIE, et al,

Defendants.

Nature of Hearing: TRIAL, MOTION FOR JUDGMENT ON THE PLEADINGS ANDFOR DISMISSAL FOR FAILURE TO INCLUDE ANINDISPENSABLE PARTY

Attorney for the Plaintiff:

Attorney for the Defendant:

Plaintiff present ( X)

Defendant present (X)

Andre Gaston

Plaintiff not present ( )

Defendant not present ( )

,r'3t*ratPorterville, California, March 23, 2A10

No. PCL 138180 Dept. No. 3

Judge: Honorable Glade F. Roper

Clerk: Maria Ledesma

Reporter: Ann Cavin

The trial in this case was heard by the Court March 23,2010. Defendantsmoved for judgment on the pleadings and for dismissal for failure to include anindispensabfe party. Both sides presented oral and documentary evidence and thematter was submitted.

Defendants noted that the minute order of February 23,2010 was in error instating that George Mason was present, since he had died prior to that time, and instating 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 appearin propria persona through one of the trustees.

Defendants' motions are denied.

The facts are muddy at best. None of the witnesses fully explained therelationship between the parties or the nature of the agreemeni, if any, by whichDefendants have possession of the subject property. -Some

negotiations obviouslyoccurred and apparently the parties felt at one time that they had entered into anagreement for Defendants to purchase the property. Each side felt the other hadbreached the agreement. lt was evident from all testimony that there was noagreement of any kind by which Defendants are tenants of the property as renters.Although the complaint alleges an oral agreement for Defendants io parf a"motorhome" on the prope8, no evidence supported the allegation.

There being no rental agreement, the Three-Day Notice served by plaintiff onDefendants was a nullity. No evidence was presented to support a claim of waste,nuisance or unlawful purpose. No evidence was presented io support the allegationsmade in the Three-Day Notice to euit.

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 ofthe trial rnust submit a memorandum of costs and formaljudgment consistentruling. ,.CF

Dated. March 23.2010

this

-2-

EXH IBIT 5

DEFENDANTS WYSOCKI TRUST, NICKLAS

HOFFMAN, AND

NICKOL GERRITSMA CROSS COMPLAINT

0

SUMMONSCross-Complaint

(c tT Acto N J u Dtct A L-co NT RADEM AN DA)NOTICE TO CROSS.DEFENDANT:(AVISO AL CONTRA-DEiliANDADO) :

COURTNEY GILLESPIE

YOU ARE BEING SUED BY CROSS.COMPLAINANT:(LO ESTA DEMANDANDO EL CONTRADEMANDANTE):

.fHE H.M. WYSOCKI TRUST BY AND THROUGH ITS ETC.ET.AL

FORCOURT USE ONLY(soLo PARA USO DE LA CORTE)

You have 30 CALENDAR DAYS after this summons and legal papors are served on you to flle a written rosponse at this court and have acopy ssrvod on the cross-complalnant. A lett€r or phone call will not protect you. Your written response must bo in proper legal form if youwant the court to hear your case. There may be a court torm that you can us€ for your rosponse. You can find these court forms and moreinformation at the California Courts Online Self-Help Center (www.courtinfo.ca,gov/selflietp), your county law llbrary, or the courthousenearest you. lf you cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you do not file your response on time, you maylose the case by default, and your wages, money, and property may be taken without further warnlng from the court.

Therg are other legal requlromsnts. You may want to call an attorney right away. lf you do not know an attorney, you may want to call anattorney referral service. lf you cannot afford an attorney, you may be eliglble for free legal services from a nonprofit legal seryicesprogram. You can locate these nonprofit groups at the California L6gal $ewices Web sito (www,lawhelpcalifomia.org), the CallforniaCourts Onf ine Self-Help Center (www.eoudinfo.ca.gov/seffhelp), or by contactlng your local court or county bar assoclatlon. NOTE: Thecourt has a statutory lien for waived fees and cosb on any settlement or arbitration award of $10,000 or more in a civil case. The court'slien must be paid betoro the court will dlsmiss the caso.

Tiene 30 D'AS DE CALENDARIO despues de que te entreguen esta citaci6n y papeles tqates para presentar una respuesta por esqritoen esl€ cofte y hacer gue so errtregue una copia al contrcdemandante. Una carta o una llamada telef6nica na Io protegen. Su respuestapor escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posiDre que haya un formulario queusted pueda usar para su respuesta. Puede encontrar estos formularios de la code y mds informacifn en el Cen?.o de Ayuda de lasCorfes de California (www.sucorte.ca.gov), en la blblioteca de le,yes de su condado o en la corTe que le quede mis cerca. Si no puedepagar la cuota de presentacidn, pida al secretario de la corte que le dA un formulario de exencldn cle pago de cuotas, Si no presenta surespues(a a tiempo, puede perder el caso por incumplimiento y la corte le podrf quitar su sueldo, dinero y bienes sin mts actverfencie.

Hay otros regur.sftos ,egares. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a unservicio de remisi6n a abogados. Si no puede pagar a un abogado, es posrble que cumpla con /os requisitos pdra obtener sevicios ,egatesgntuitos de un prcgnma de servicios lqgales sin fines de lucro, Puede encontrarestos grupos sin lTnes de lucro en el sitio web deCalifornia Lega, Se,'vices, (vwrrw.lawhelpcalifornia.org) , en el Centro de Ayuda de ,as Corles de Callfornia (www.sucortg.ca.gov), ooni6ndose en contacto con la cofte o el colegio de abogados locales. AVJSO.' Por ley, la corte tiene derecho a reclamar las cuotas y loscostos exerfos por imponer un gravagnen sobre cualquier recuperaci'n de $10,000 6 m4s de valor reciblda mediante un acuerdo o unaconcesi6n de arbitraja en un caso de derecho civil. Tiene que pagar el gravamen de la co,.',e antes de que la cofte pueda desec'ar e/ caso.

The name and address of the court is:(Etnombre y direcciIn de la corte es;; SUPERIOR COURT OF THE

STATE OF CALIFORNIA, COLINTY OF TULARE221 S. MOONEY BLVD, VISALIA, CA9329I

The name, address, and telephone number of cross-complainant's attorney, or

SHORT NAME OF CASE (lrcm Complaint). (Nombe de C$o)

GILLESPIE VS. HOFFMANCASE NUMBER: (Ndmerc del Casd:

I 0-23896 lrout an attornev. is:

(El nombre, la direcci5n y el nImero de telAfono del abogado del contrademandante, o del contrademandante que no tieneabogado, es):

Robert J. Fletcher, Attomey at Law, P.O. Box 824, Tulare , CA 93215 (559) 684- 1795

DArE:

-

II V i-LllliJ Clerk,by'r--' '*t-fii! r'.r''"i6echa)- (secretario) 6diunto)

- ,' ;,rrtr'{ i/'p ,'(For proof of service of this summons, use Proof of Service of Summons (form POBtilOl') ''\'(Parapruebadeentrega deesfa citatilnuseel formularioProof of Serviceof Summons (POS-010).)

{sEArj

4. f71 by personal delivery on (date):

NOTICE TO THE PERSON SERVED: You are served1 V1 as an individual cross-defendant.2. f-] as the person sued under the fictitious name of (specify):

3.

under: {--.-l CCP 416.10 (corporation) [] CCP 416.60 (minor)

l*-l CCp 416.20 (defunct corporation) t_] CCP 416.70 (conservatee)

l-_l CCP 416.4O (association or partnership) [f CCP 416.90 (authorized person)

l--_l other (specify):

tofiFom Adopted for Mandatory Use

Judicial Council of CalilomiaSUM-110 [Rev. July 1.2009]

Code ot Civil Procedure, SS 412.20, 428.60, 465ww.cgudinfo.ca gov

SUMMONS_CROSS.COMPLAINT

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Wysocki lnevocable Trust vs. Gillespie et.al. Case No. 10-238G@P

R. - ::;: J. Fletcher No. 1 19770.\norney'at LawP.O. Box 824Tulare, CA,93274(sse) 684-1795Attorney for Nicklas Hoffrnan and

the Wysocki Irrevocable Trust

Courtney and Melody Gillespie,

Plaintiffs,

VS.

Nicklas Hoffrnaq et. al.

Defendants

THE I{.M. WYSOCKI IRREVOCABLETRUST BY AND TTIROUGH ITSCO-TRUSTEES, NICKOL D.GERRITSMA AND MCKLASHOFFMAN.

Cross-complainant,

vs.

COURTNEY GILLESPIE, MELODYGILLESPIE AND ALL PERSONSTJNKNOW}I CLAIMING ANY LEGALOR EQUIT,A.BLE RIGHT, TITLE,ESTATE, LIEN, OR INTEREST IN THEPROPERTY AI}VERSE TO CROSS-COMPLATNANT',S TITLE, OR AI{YCLOUD ON CROSS.COMPLAINANT'STITLE TO TIIE PROPERTY, ANDDOES 1 THROUGH 100 inclusive.

FILEDrul,qnE $$|il

su P€Rr o F cou RT

Nov 19 ?0111

URAYNECLEEK, CLE-RK

CROSS.COMPLAINT FOREJECTMENT, DECLARATORY RELIEF,QUIET TITLE AND DAMAGES

BY:

SUPERIOR COURT OF THE STATE OF CALIFORI{IA

IN AND FOR TT{E COTJNTY OF TULARE

Case No.: f 0-238961

Cross-defendants

Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

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CO\TES NOW

-. -Trustees, Nickol D.

as follows:

cross-complainant, the H.M. Wysocki Trust by and through its

Gerritsma and Nicklas Hoffinan and by way of cross-complaint alleges

l.

L

FIRST CAUSE OF ACTION

EJECTMENT

Cross-complainant is, and at all times mentioned was, the owner in fee pursuant

to that Grant Deed recorded with the oflice of the Tulare County Recorder on

May 17, 2004 as document number 2004-0046807, a copy of which is attached

hereto as Exhibit A and incorporated herein by this reference as though fully set

forth at length, and is entitled to possession of all that real property and

improvements thereon located in the County of Tulare, State of California

commonly known as 1831 North Lime Street, Porterville, California, consisting

of approximately ten (10) acres, more or less, hereinafter referred to as the

"Property" and is more particularly described as:

Lot 10 of Hermosa Orange Colony, County of Tulare,State of California, according to the Map thereofRecorded in Book ZrPage 131 of Maps, TulareCounty Records

A.P.N.2ss-23q:q04

Cross-complainant is ignorant of the true names and capacities of the

cross-defendants sued herein as Does I through 100, inclusive, and therefore sues

these cross-defendants by sueh fictitious names and will amend this

cross-complaint when that information is discovered. Cross-complainant is

informed and believes and based-{hereon alleges that each of the cross-defend


Wysocki lrrevocable Trust vs. Gillespie et.al. Case No. l0-238961

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Courmel' Gillespie, Melody Gillespie and all those cross-defendants designated

herein as a Doe is legally responsible for each of the acts, failures to act,

circumstances, events and happenings alleged in this cross-complaint.

3. Cross-complainant is informed and believes and based thereon alleges that at all

times herein mentioned each of the cross-defendants was an agent, servant,

employee, partner, joint venturer or surety of each of the remaining

cross- defendants, and at all times herein relevant was acting within the scope and

purpose of said servant, employment, agency, partnership, joint venture or surety

relationship with the full knowledge and consent, either express or implied, of

each of the remaining cross-defendants.

4. On or about February,2005, cross-defendants, Courtney Gillespie and Melody

Gillespie, entered and took possession of approximately one and three quarters

(I-314) acres of the subject Property and has since that time withheld possession

of this occupied Properfy from cross-complainant. This occupancy was initiated

under an orally contemplated sales agreement which was understood by the

parties would be fully set forth in writing at such point as a full and final

agreement would be reached by all the parties wherein the different continsenci

known or unknown, were satisfied. This negotiation process resulted in only two

written memorandums which are the documents attached hereto as Exhibit B,

entitled "Agreement to Terms" and Exhibit C, entitled "Installment Note Secured

by Deed of Trust" each of which documents are incorporated herein by this

reference as though fully set forth at lenglh.

The document entitled "Agreement to Terms" (Exhibit B) was the only document

actually signed by both cross-defendant courtney Gillespie and wysocki Trust

co-trustee, Nicklas Hoffrnan. Noperson associated with wysocki Trust ever

cross-complaint to euiet Title, For Ejectment, For Declaratory Relief and For Damages

wysocki lrrevocable Trust vs. Gillespie et.al. case No. l0-23s96r

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6.

signed acceptance of the document entitled "Installment Note Secured by Deed

Trust" @xhibit c) which was only signed and offered by cross-defendant,

Courtney Gillespie. Cross-defendant, Melody Gillespie, never signed either of

these two documents. cross-complainant, Nickol D. Gerritsma, likewise never

signed either ofthese two documents.

on or about January 10, 2006, wysocki Trust co-trustee, Nicklas Hoffrnan, after

tendering and delivering a full refund of sums previously paid by

cross-defendants, wrote "voID LATE 2005" across the face of the document

entitled "Installment Note Secured by Deed of Trust"(Exhibit C) and delivered it

back to cross-defendant Courtney Gillespie and informed said cross-defendant

that the ongoing negotiations for the contemplated sales agreement were

terminated. The terms that existed in the negotiation prior to, and at, this time o

termination contemplated that the cross-defendants would purchase half of the

approximately ten (10) acres owned by cross-complainant and that

cross-defendants would not have to pay any cash money as a down payment fthe

cross-defendants would apply for and obtain the contemplated subdivision of the

Property in a configuration acceptable to all parties and to the County of Tulare

all at cross-defendants' own personal expense. Under the Installment Note

(Exhibit c), which had been prepared by cross-defendants and presented by

cross-defendants, the cross-defendants had proposed paying $600.00 per month at

seven (7) percent interest, and did pay the sum of $4,800.00, but failed to take an

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

Note (Exhibit C) and termination of the negotiation for sale.

cross-complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

Wysocki lrrevocable Trust vs. Gillespie et.al. Case No. 10-23g961

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8.

At no time mentioned herein has any land sales agreement been accepted by

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

the real property tax status with the office of the Tulare County Assessor zar has

any "Deed of Trust" as contemplated by the offered "Installment Note Secured by

Deed of Trust" (Exhibit C) ever been prepared or executed or delivered or

accepted or recorded by any of the parties of this action.

Following the above referenced termination of negotiations for sale,

cross-defendants remained in possession of the approximately one and three

quarters (1-314) acres living in their travel trailer they had parked on this Property

and paying for Nicklas Hoffman's own personal electrical services direct to the

electrical service company, all in lieu of any other cash rental payments to

cross-complainant, all of which was with the oral permission by

cross-complainant until on or about December, 2009 at which time

cross-defendants breached this oral tenancy by installing an electrical sub-panel

on the electrical service panel over the objections by cross-complainant's

co-trustee, Nicklas Hoffman, and by refusing to relinquish possession of the

occupied property to cross-complainant or enter into a formal written rental

agreement for the occupied property all as requested by cross-complainant by and

through its co-trustee, Nicklas Hoffrnan, who first made the request to

cross'defendants in August, 2009 and continued periodically to make this request

through the time of cross-defendants' final breach in December, 2009 by virtue o

the installation of the above referenced electrical sub-panel. At all times

mentioned herein cross-complainant has performed all obligations required to be

performed or is excused from further performance by cross-defendants' breach.

cross-complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages

Wysocki Irrevocable Trust vs. Gillespie et.al. Case No. l0-238961

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10.

11,

Because cross-defendants continue to withhold possession of the property,

cross-complainant has been denied the use and occupation of the property to

cross-complainant's damage in the approximate sum of $1,200.00 per month

according to proof and will continue to sustain damages in the sum of

approximately $1,200.00 per month as long as cross-defendants withhold

possession of the property from cross-complainant.

II.

SECOND CAUSE OF ACTION

DECLARATORY RELIEF

Cross-complainant hereby incorporates by this reference each allegation in

Paragraphs 1 - 8 of the first cause of action above as though fully set forth at

lensth.

An actual and justiciable controversy now exists between the parties as to their

respective rights and duties under the above described oral tenancy and proposed

sale ageements. Cross-complainant contends, and cross-defendants deny, that

cross-defendants have no right to require cross-complainant to transfer any title

interest to any portion of the subject Property to themselves because a full and

complete land sale agteement was never finalized between the parties and.becau

the cross-defendants failed to make any material progress towards obtaining, and

did not obtain, either agreement to, or authority for, a sub-division lot split

acceptable by both cross-complainant and by the County of Tulare.

Cross-defendants contend, and cross-complainant denies, that afull and complete

land sale agreement was entered into by all relevant parties and that

cross-defendants are entitled to reouire specific performance of this contended

cross{omplaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

wysocki Irevocable Trust vs. Gillespie et.al. case No. 10-23g961

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agreement. Possession, or return of possession, of the approximately one and

tlree quarters (1-3l4) acres actually occupied by the cross-defendants is urged by

each of the corttending parties in accordance with this stated controversy.

Cross-complainant desires a judicial determination of cross-complainant's rights

and duties under the proposed land sale agreement and a declaration of its

non-existence or invalidity or its enforceability or non-enforceability or both.

A judicial determination and declaration is appropriate and necessary at this time

in order that the parties may ascertain their respective rights and duties there

under.

ilL

THIRD CAUSE OF ACTION

QUIET TITLE

Cross-complainant hereby incorporates by this reference each allegation in

Paragraphs I * 8 ofthe first cause ofaction and Paragraph 1 I ofthe second cause

of action above as though fully set forth at length.

Cross-complainant seeks to quiet title against the claims of cross-defendants and

each of them as aforesaid. Cross-defendants claims are without any right and

cross-defendants have no right, title, estate, lien or interest in the above described

Property all without exception.

Cross-complainant does not know the exact n€unes? capacities or interests in the

Property of certain of the cross-defendants which cross-complainant designates

for this action as "all persons unknown, claiming any legal or equitable right, ti

estate, lien or interest in the Property adverse to cross-complainant's title, or any

cloud on cross-compiainant's title to the Property." Cross-complainant seeks to

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

Wysocki lrrevocable Trust vs. Gillespie et.al. Case No. 10-238961

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each such cross-defendant has no right, title, estate, lien or interest in the Properry

or any part of it. Cross-complainant will serve this class of cross-defendants by

publication as the Court allows.

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

hereto as Exhibit C was delivered back to cross-defendants marked

"VOID LATE 2005" and the sales nesotiation was terminated bv

cross-complainant.

18. The claim of cross-defendants is contingent and uncertain in that at no time

mentioned herein has any land sales agreement been accepted by

cross-complainant norhas there been any recording of any land sales document

with the office of the Tulare Qounty Recorder, norhas there been any change in

the real property tax status with the office of the Tulare County Assessor norhas

any "Deed of Trust" as contemplated by the "Installment Note Secured by Deed

of Trust" (Exhibit C) ever been prepared or executed ar delivered or accepted

or recorded by any of the parties of this action.

WHEREFORB CROSS-COMPLAINANT PRAYS as follows,

0n the first cause pf action:

1. That this Court decree that cross-complainant is entitled to have and recover

possession of the Properfy described in Paragraph I of this cross-complaint,

2. That this Court issue its Writ of Execution directed to the Sheriffof Tulare

Counfy, California directing the Sheriff to remove cross-defendants and all those

claiming by, through or under cross-defendants and to place cross-complainant in

possession of the Properfy;

Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For Damages

Wysocki Irrevocable Trust vs. Gillespie et.al. Case No. 10-238961

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3. For an award of damages for cross-defendants' wrongful wittrholding of the

premises in the sum of $40.00 per day from and after December, 2009 according

to proof until delivery of possession of the Property,

For costs of suit and prejudgment interest according to proof, and

For such other and further relief as the Court deems just and proper according to

proof.

On the second cause of action:

That this Court decree that the subject land sale agreement is void and of no legal

effect,


For such other and further relief as the Court deems just and proper according to

proof.

On the third cause of actio.n:

That this Court decree that all money or money equivalent paid by

cross-defendant since entering into possession of that portion of the subject

Property occupied by cross-defendants shall be retained by cross-complainant as

payment for the fair rental value of the Property according to proof,

For damages at the rate of $40.00 per day, from and after December,2}A9

according to proof, for cross-defendants' wrongflrl detention of the premises until

such time as the premises are restored to cross-complainant,

For a judgment that cross-complainant is the sole owner of the property and that

cross-defendants have no interest in the Property adverse to cross-complainant or

any other interest,



Wysocki Irrevocable Tmst vs. Gillespie et.al. Case No. 10-238961

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13. For such other and firther relief as the Court deems just and proper according to

proof.

Dated:ll-lb-lD

VERIFICATION

I, Nicklas Hoffman, hereby declare as follows:

1. I am a co-trustee of the H.M. Wysocki Irrevocable Trust and I make this

declaration of my own personal knowledge. If called I could and would testi$ competently

hereto.

2. I have read the foregoing cross-complaint and know its contents. The same is

to the best of my knowledge, information and/or belief.

I declare under penalty of pedury under the laws of the State of California that the

foregoing is true and correct.

TIIE H.M. WYSOCKI IRREVOCABLE TRUST

ickol D. Gerritsma Co-Trustee

Robert J. Fletcher, Atto

,^r"a,ll- lh - IA

Cross-Complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages

Wysocki krevocable Trust vs. Gillespie et.al. Case No. 10-238961

RECORDING REQUL . BYCHIC3GO IITLE eU.{PAtiFJ

AND \IIHEN RTOORDED IVIAIL ToI ulcor,g D. GERRS'SHA, tggg.1'gg

151d lr. ERADITEYVI9AIfIA, &, 93292

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fJ ur'norponr.drta EI O.yir poRlaR\rllljrjaf,El -np"r"aa lfi?firltvrluc of thc ilterterorpr6p.{t,cdrE;lcdrorbfJ *pttto or rtc frtt ralue tcsr tte ratue of liror o6 casurnbil!.r. trea1rbg ;1 tinc of 61lc, -ryr

EoB A VALUAaLE- @NSIDERATION,recEipt ofwhichishcrcbvac&no*tcdmnrecsipt of which is bcrebv acltaorr,lcdrpd.UNE tt. ldIltTER LnfuGI TRgSf' Esrarr,rspo NOrfisl,BER*,!fi"il.tdffiiffi'#"ffiffi"iffiS:rffiffiffi

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hereby GRANT(S) tolrIcKoL D. GERRrrgilA,

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loT r.o oF HERtrogA onAtrctBTIIE }IAP TEREOF RE@BDNO

APN liro. 255-230-OOA

Dated May 4. 2oO4

SIATEOF CAIrISORNIA@TTNTVOF f(iIlARE ,qt f'rr

t tlotrry Ptdilbh rrd brreld Courrtyard $af, pcronAy lFFqttdANIIB I'1. HINBER

6'RA,\$O&S)DOCIJMEITIIARY TRAI.ISFIIR.TAXIS $bS. rO

ltssTEE OF rHE F. l.t. rtrgocKr IRRE! oCAtT/E 1RO8T

:--l ss /l L- Lbrfore-mr. "",

(4 - Tl . 72I , * ,/z.o:

potrondly loown tg rm (q pr€lod b mC on UL bg!! of ||ilnsbrysrldstc.) b be thr psronlr) rvhu nrrrrF) lrlen arbulbxt b thewltiln indrurnmt and acl@udodgd b ma ttut hc/$cinry ocofid rhasamr ia tblrr/fnk auhorhed ar@t!gr.l, rrd ttar by f,by'ft'l,.]irutrboatunF) oo $r lFtrsmont ttrc pcrron(s), sr &r artty upon b€hdf ofnfiloh the panon(sl erill4..rEqt!d$r hrtumarr

FOR tSIrFrS€At e gnll|P

Mrlll TA)( STATEMEI.IS TO p RTr S]Sf'fi ON FOIOA,ING UNE lF t{O PAfirY SO $tollil, ftrfiL AS OfrECfEO ABWE

qefo[d,jrgdescribedrealpropcfiylntlc C{ty of PORTERL:rI&E{-ounryor TUITARA ,statcofcalifcnic

colo!ilr, csuNly oF T['LARE, Sl[18 oF clu,rFoRllta, AcconDrNo ToIN BOOR 2, PecE 131 OF iilAls, fgLBRB gOUFff RtscpRDg.

A$IiIE ItI. I{IIrIE|R, TRI'3TEE UIMER lEEAICTE I'. HIN"SR I,I'DTC} I|IUBSI

@t -€ta/vrrr

A*K€b rltLN { "T-C -fgayul if'.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'/ :::q'ni3 il: Gcur:nelt Ge)..esp::r i:, ; ^' t ^,.,j - - .i:: rr..i i.:.i t:y.rrna>-a. rr^ 1r ^t -^..*; trc.i ::-F i tri -\r n-y :-a.rrnrlL.l:J :*-I.iW:,li uEi!r!r=!. p:u!=- -i a:i\.i ;? 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 12Cfe:: oi Lhe *asc i:a..f ar:.d r-ha: pari of lhe wesr hal: exc}:iing the norta- ai 5\^F

pal,.-rr+nl-,s s:i:l'l h3 .t nj-rr*nLn of $6C0..'n.Cnih '*i:): a f ? aCr ar:d ail due ;r::t--i:-21L2 i7i'le) . 'lax cb-]-:,gscion israf-e rent) ,i.s retrcacii-.,'e L lLrcssessi.Jrl. crrrd p.ic j-on si:a:i )e iue upo:: Ceina::d pe: Ccunl--:/ ci Tuiare .

'i.h.is :-s a c-i'iv.::ei:-v ihe c::.u:ch ar'n=i r'larr A.l.li ""

iaw dcc.ment, an;'r aCjr-ldi:ac:c::Karseah boarC of elCe;s or 15i1el

T ir.--reh'.-r .;r.'Fnf !fe abC-,re e*e'j'{f,S a::3 pcS. L:on Cfi^j','sockr T::u;i.

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'c0'iirli.gg drlr-1 -11.-05 ht.3a! .rocr+cd (?i- x,00SS/En.i :ie

gr:atAs - : '

Belagcc . '

ll]S liwllE; Iihea:':g':e;iCered wfCi:

giaii, th:s l{ate and ;re DeeCa reqles! fcr .reccn'el,'a::ce.

Installuent Nofe Secured by Deed of Trust

::. :: beiore ci:e i :h_ irr che :rear1r !2 A.D. , f c: vair:e receir-/ed. Ehe undersigried, eeUr-qrigv! J.i -1 '!. -' IJ: vs!u= ts{-s{ -/Es, ullc ul:udl.UJ.glrt(lr "tiu-+!.!ry, t-Jriles!::e, FrL:ririse :o pay ln lawful $oney of ihe Unrted States icf Ameriu'aI -' {

Tne , H M i{ysccki l:re-4laebiq Trusc, cr order, at 1

designared locatLon, ihe ffi ;tE.-irir""r."a a"rr. . tiS.60J 00_0L :i.ritir inieresE fronr itfu dace- f exeeu.Eion of thii .; inot,e unEil paiil, ai fh{ incereft rareiiof 7 per cent, per , tiarur,uiil, .pa$6,e in rnonthLfrirs;aUfu:ne=r$; ac I'east $g0O.tn, iseEinning qr', ;tre Si$st ofu of che\r\rfrd rncnrh of 2C05 and ;

contrni:inS Qcrr:hf.$rffiq:earfur urerildic ir futi. )

1 r r * f L'' i

si:nul.d r,r.*r&r. ..& l. h oti+, ir shall :her#feer beai' L:ke iI

Si:nul-d :-lcer&gt r.i rrilrqF a< tth=-..-*T-' -B:"-co:11tr$I'[ied ehd-1 :

r.ft. ne ryr lai{t it sia}f :nergCfeer bear likeinterest as hthe il-, 'nul JSch .",ut pf,id Lnieresc soco:tp$h.sed. e ;-;' ;;,#-"lng.iffi -Jr"pr

""tiiJ'u'.cn rhe E*ltu qt'].e.iE rr'edaxffi =$;ry;iu,b:. 1',*.,,i,"

i{Fen: .t H';#iif,"un, .i i,. :.

aiShcuLC def*qlt {e made rn:.:iterest whe-rt" c'le, rhens{

I:r r-he er"enl c: rroluni.ary Eaie*t"*y aiie:iaticn cr conveyanceof al1 or an)r porricn of p\grf,aa1 proper!-v describeC j.n theceed of ' t,ur:si.-"sryurin3-";fiis ;lcEe, ai:y i::Cebt,Edness crcbligac ion :, hqf-eunapr, F the option cf P-he hoider, may

payableinmrediately beccme$u and

shcuLc a*?*qrt \u *u:u iq.;4J h*gi= .r H; iff5ii"u"r ci "i,''i:rterest wndan" j1'3e, rhenpdflefficlefEtFq cr rirg{rinc:.pai anci i,

inberesE' shall''%ecc€e inrgqd.iaceig dci and -pa}'able aL the .,'

cpeion cf the irc].der\fl;th1; noce{ Tili* nce. ir- secure<i b-w a:r",'.ci-rtain DEED OF ?P*iiSTto N:cie*as Aq-!J€, a€ T:-usEee. ,,.j

' ns { ;{ :'-..' iii

Payor'within

reserr'es Lhenr-Fc ,: n frrl -t

privilege ard opcio:r c:- prspaying theor parL, 3L irny [ime, wiEhcuE penaiiT

v iles

legal brief-Motion for Mandatory Judicial Notice

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Transcript of legal brief-Motion for Mandatory Judicial Notice