$RM7ODWV

Melody & Courtney Gillespie c/o P.O.
Box 8323
P
orterville,
C al
ifornia
In Pro Per
rurnnreanilS?rnron
VISALIA DIVISION
FEB
15
2CI1n
LARAYNE CLEEK, OITRK
TULARE COTINTY SUPERIOR COURT VISALIA DIVISION
Melody and Couftnel' Gillespie
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se
No.: No. l0-238961
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OTION FOR MANDATORY JUDICIAL
VS.
Nicklas Hoffman, et al
Defendant
OTICE. of Case No. 138180 IN SUPPORT OF LAINTIFFS' MOTION TO STzuKE AND EMURRER
TO DEF'ENDANT'S CROSSrursuant
OMPLAINT to EC 45 I-460
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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
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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
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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,
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Complaint, Answer to Complaint by defendants, Transcript of trial, and Final Jud
gment by Hon. Glade Roper, attached hereto. Defendant's cross complaint in case
number l0-238951 attached hereto.
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.A LA
Date: 02/ll/2011
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]]q!5tnel' / t/-LL-'((l
Gif les pie, Pla i rit i ffs
.-, t
/ V,-,-<,., /-:.Melody Gillespie, Plaintiff
JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE.
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MEMORANDUM OF POINTS
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IN
AUTHORITIES 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
Sections 450-459, WHICH STATE,S:
of California Evidence
Code
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450. .Iudicial notice may not be taken of any matter unless authorized or requir
ed by law.45 I . Judicial notice shall be taken of the following: (a) The decisi
onal, constitutional, and public statutory law of this state and of the United S
tates and the provisions of any charter described in Section 3, 4, or 5 ofArticl
e XI of the California Constitution. (b) Any matter made a subject of judicial n
otice by Section 11343.6,11344.6, or 18576 of the Government Code or by Section
1507 Of Title 44 of the United States Code. (c) Rules of professional conduct fo
r members of the bar adopted pursuant to Section 6076 of the Business and Profes
sions Code and rules of practice and procedure for the coutts of this state adop
ted by the Judicial Council. (d) Rules of pleading, practice, and procedure pres
cribed by the United States Supreme Court, such as the Rules of the United State
s Supreme Court, the Federal Rules of Civil Procedure, the Federal Rules of Crim
inal Procedure, the Admiralty Rules, the Rules of the Courl of Claims, the Rules
of the Customs Courl, and the General Orders and Forms in Bankruptcy. (e) The t
rue signification of all English words and phrases and of all legal expressions.
(f) Facts and propositions of generalized knowledge that are so universally kno
wn that they cannot reasonably be the subject of disoute.
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452. Judicial notice rnay be taken of the following matters to the extent that t
hey are not embraced within Section 451 : (a) The decisional, constitutional, an
d statutory law of any state of the United States and the resolutions and privat
e acts of the Congress of the United States and of the Legislature of this state
. (b) Regulations and legislative enactments issued by or under the authority of
the United States or any public entity in the United
States.
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(c) Official acts of the legislative, executive, and judicial
JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 2
departments of the United States and of any state of the United

States.
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(d) Records of (1) any court of this state or (2) any court of record of the Uni
ted States or of any state of the United States. (e) Rules of court of (1) any c
ourt of this state or (2) any court of record of the United States or of any sta
te of the United States. (f) The law of an organization of nations and of foreig
n nations and public entities in foreign nations. (g) Facts and propositions tha
t are of such common knowledge within the territorial jurisdiction of the court
that they cannot reasonably be the subject ofdispute. (h) Facts and propositions
that are not reasonably subject to dispute and are capable of immediate and acc
urate determination by resort to sources of reasonably indisputable accuracy.
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452.5. (a) The official acts and records specified in subdivisions (c) and (d) o
f Section 452 include any computer-generated official court records, as specifie
d 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 convic
tion certified in accordance with subdivision (a) of Section 1530 is admissible
pursuant to Section 1280 to prove the commission, attempted commission, or solic
itation of a criminal offense, prior conviction, service of a prison term, or ot
her act, condition, or event recorded by the record.
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453. The trial court shall take judicial notice of any matter specified in Secti
on 452 if a party requests it and: (a) Gives each adverse parfy sufficient notic
e of the request, through the pleadings or otherwise, to enable such adverse par
ty to prepare to meet the request; and (b) Furnishes the court with sufficient i
nformation to enable it to take judicial notice of the matter. 45a. @) In determ
ining the propriety of taking judicial notice of
a matter, or the tenor thereof:
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(1) Any source of pertinent information, including the advice of persons learned
in the subject matter, may be consulted or used,
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whether or not furnished by aparty. (2) Exclusionary rules of evidence do not ap
ply except for Section 352 and the rules of privilege. (b) Where the subject ofj
udicial notice is the law of an organization of nations, a foreign nation, or a
public entity in a foreign nation and the court resofis to the advice ofpersons
learned in the subject matter, such advice, if not received in open court,
JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE - 3
shall be in writing.
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455. With respect to any matter specified in Section 452 or rn subdivision (f) o
f Section 451that is of substantial consequence to the determination of the acti
on: (a) Ifthe trial court has been requested to take or has taken or proposes to
take judicial notice of such matter, the court shall afford each party reasonab
le opportunity, before the jury is instructed or before the cause is submitted f
or decision by the court, to present to the court information relevant to (1) th
e proprietv of taking judicial notice of the matter and (2) the tenor of the mat
ter to be noticed. (b) If the trial court resorts to any source of information n
ot received in open court, including the advice of persons learned in the subjec
t matter, such information and its source shall be made a part of the record in
the action and the court shall afford each party reasonable opporlunity to meet
such information before judicial notice of the matter mav be taken.
456. lf the trial court denies a request to take judicial notice of any matter,
the court shall at the earliest practicable time so advise the parties and indic
ate for the record that it has denied the request.
457 . If a matter judicially noticed is a matter which would otherwise have been
for determination by the jury, the trial court may, and upon request shall, ins
truct the jury to accept as a fact the matter so noticed. 458. The failure or re
fusal of the trial court to take judicial notice of a matter, or to instruct the
jury with respect to the matter, does not preclude the trial court in subsequen
t proceedings In the action from taking judicial notice of the matter in accorda
nce with the procedure specified in this division.
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459. (a) The reviewing court shall take judicial notice of (1) each matter prope
rly noticed by the trial court and (2) each matter that the trial court was requ
ired to notice under Section 451 or 453. The reviewing couft may take judicial n
otice of any matter specified in Section 452. The reviewing court may take judic
ial notice of a matter in a tenor different from that noticed by the trial court
. (b) In determining the propriety of taking judicial notice of a matter, or the
tenor thereof, the reviewing court has the same power as the trial court under
Section 454. (c) When taking judicial notice under this section of a matter spec
ified in Section 452 or in subdivision (f) of Section 451 that is of substantial
consequence to the determination of the action, the
reviewing court shall comply with the provisions of subdivision (a) of Section 4
55 if the matter was not theretofore iudiciallv noticed in the action. (d) In de
termining the propriety of taking judicial notice of a matter specified in Secti
on 452 or in subdivision (f) of Section 451 that is of substantial consequence t
o the determination of the action, or the tenor thereof, if the reviewing courl
resorts to any source of information not received in open couft or not included
in the record of the action, including the advice of persons learned in the subj
ect matter, the reviewing court shall afford each parly reasonable opporlunity t
o meet such information before judicial notice 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
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case, judicial
Notice of
it
may be taken, thus
it is proper for the Courl in this case to take judicial
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Notice of the contents of the Courts Case file in the prior Case of WYSOCKI TRUS
T,
NICKLAS HOFFMAN, NICKOL GERRITSMA vs. Melody Castillo, Courtney Gillespie,
George Mason, case number 138180, Tulare County Superior coufi, Porterville
Division. THE
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RECORDS OF A COURT OF THIS STATE COME WITHIN THE PROVISIONS OF
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SUBDTVISION
(dxl) OF SECTTON 452 OF CALIFORNIA
EVIDENCE CODE.
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PEOPLE VS MAXWELL (1978) 78 CAL. APP. 3d I24 AT PAGE 130. "WHEN A REQUEST TO TAK
E JUDICIAL NOTICE OF SUCH A RECORD IS MADE EVEN ORALLY, SECTION 453 THEN MAKES I
T CONDITIONALLY MANDATORY THAT THE COURT DO SO. IT IS MANDATORY TO TAKE SUCH JUD
ICIAL NOTICE WHEN (I) SUFFICIENT NOTICE IS GIVEN TO THE ADVERSE PARTY, (2) THE C
OURT IS FURNISHED WITH SUFFICIENT INFORMATION FOR IT TO TAKE JUDICIAL NOTICE OF
THE MATTER.'' PEOPLE VS MAXWELL, SUPRA. 78 CAL APP. 3d 124 AT PAGE I3O:
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..A TzuAL COURT MAY PROPERLY TAKE JUDICIAL NOTICE OF THE RECORDS OF ANY COURT OF
RECORD OF ANY STATEOFTHE uNrrED STATES ( EVID. CODE 452 SUBD. (d))" FLORES VS A
RROYO. 56 CAL. 2d 492. 496-497; DAY VS SHARP 50 C.A.3d 904 AT PAGE 914.
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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE 5
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Courtney Gillespie, a Plaintiff herein, do declare under penalty of perjury
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under the Laws of the State of California that the documents are true and correc
t
copies of the original, and certilied by
the clerk of the Tulare County Superior Court
.
o 1
Porterville Division.
Dated: February I l, 2011
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DECLARATION IN SUPPORT OF JUDICIAL NOTICE IN 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. 3. 4.
I, Melody Gillespie has direct person knowledge of the following matters of fact
and law.
Affiant is competent to testiSr if called upon, and willtestif,, if called upon,
of the following
matters: On or about November 29,2009, Plaintiffs and Defendant Hoffman attempte
d to reconcile differences and come to agreements to live together peacefully an
d
fulfill
the agreement made for
the purchase of tlie property known as 1831 North Lime Street, Porterville, Plai
ntiffs believed all parlies, which are the defendants and the Plaintiffs in the
above named case, had reached an l0
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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 proper
ly 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 Hoffina
n.
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5.
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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. Plai
ntiffs found out that the properly was under the Williamson Act and could not be
divided immediately, and
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certainly not without the help of Nickol Gerritsma, whose name is the only name
the Grant Deed
as trustee, on
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On or about December
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5
, 2009 , Plaintiffs sent a letter to Ms. Geritsma, requesting her help in
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the division of the property. Plaintiff s sent the letter, ceftified, return rec
eipt, and received the
green receipt back, that Ms. Gerritsma had indeed received the letter. However,
there was no response from Ms. Gerritsma.
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On or about January 4,2010, Plaintiffs sent out a second request for her assista
nce with the change in status of the property in order to make the property divi
sible.
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8.
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On or about January J,2010, the, Nicklas Hoffman, in the name of WYSOCKI TRUST a
nd
Nickol Genitsma filed an unlawful detainer action in an attempt to evict Plainti
ffs from the
property known as l83l North Lime Street, Porterville.
9.
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Defendants had hired a legal typing service to type, file and serve the complain
t for unlawful
detainer. The defendants in the above named case were without an attorney when t
he complaint
was filed, but had an attorney at the tirne of trial.
JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE 7
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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 unl
awful 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 Augu
st2004.in item
4
5
#4.
See
COMPLAINT-LTNLAWFUL DETAINER, incorporated herein by reference as if fully set f
orlh and request rnandatory judicial notice of such. This is contradictory to th
e allegation made in
cross-complaint filed into the above named couft on Novemeber 19,2010 attached h
ereto, and incorporated herein by reference as
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if fully
set for1h. On page 3, Item #4,
lines
1 114
1
of
Defendant's cross-complaint, it states: "On or about Febru ary 2005, cross defen
dants Couftney
and Melody Gillespie, entered and took possession of approximately one and three
quafters acres
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of the subject property and has since that time withheld possession of this occu
pied Property fro cross-complaintant"
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11. On the arnended COMPLAINT FOR LTNLAWFUL DETAINER, item #3, was changed to st
ate:
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"1831 NORTH LIME STREET #A," and the term (Bare Land) was removed so it would ap
pear 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 ju
dicial notice of. 12. Because of Defendant Hoffman's misstatements and falsifica
tion of the complaint, in case number PCL
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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 r
eference, as if
fully
13.
set
fofth, and request for the court to take mandatory Judicial Notice of said docum
ent.
h
Defendant's cross complaint, exhibit 5, incorporated herein by reference as if f
ully set forth,
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defendants in the above named case, have submitted the many of the same misstate
ments 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
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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 w
ith 2 pages and one attachment, is
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actually 2 separate documents of some kind of proposed agreernent that there may
be an option
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for a purchase in the unknown future, and depending on that unknown, somehow, Pl
aintiffs
moved onto the property against the
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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, an
d has a one
page attachment showing the amoftization of the private financing is attached to
the Defendants
of PCL 138180 answer. At no time did the Plaintiffs of the unlawful detainer obj
ect to the attachments. Instead, Plaintiffs of PCL 138180 discussed the contract
many times in the trial transcript. See Defendant Gillespie's ANSWER-Unlawful D
etainer, 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 kn
ew 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 The intent was t
o clairn that Defendants in PCL
13 81
I North Lime
street, Porler"ville.
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 l
etters attached
to Plaintiffs' complaint for Injunction presented in the above named case incorp
orated herein by
reference as if fully set fofth, and request for mandatory judicial notice of su
ch,
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15. On several occasions within the trialtranscript, Defendant Hoffman, who was
one of the plaintiffi
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in PCL
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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. Se
e pages 8 line 1720; Page 9, Line 8-10; page 43,line2} thru26; on page 21 Lines
14- 26, Courtney Gillespie
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testifies to the contract, without objection or being refuted by the other side,
and his testimony continues through page 22,line 1-2; on page 44,line 1-5 Mr. H
offman continues to testify; page 46, fine 26,page 4T lines l-26,page 48,lines 1
6-27,page 50,line 8-10 and line16-26;page 51,

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line l-2 and line 15-26;Page 52,line 1-13; page 53, lines 2-7. All sites mention
ed herein, are
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incorporated by reference as if fully set forth, and request mandatory judicial
notice of such. For
the testimony that was not
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Mr. Hoffman's in the trial transcript of PCL
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1
80, of the above
mention sites, the plaintiffs did not object, cross examine, contradict, or refu
te what was stated by
witnesses other than Mr. Hoffman. It was accepted as true by both sides. 16. Thi
s Declarant now requests comparison with the above referenced sites from the tri
al transcript
of PCL 138180 to Defendants' cross complaint in the above named case, attached h
ere to, and
incorporated by reference, as
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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'
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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, t
he crossdefendants had proposed paying $600.00 per month at seven (7)percent int
erest, and did pay the
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sum of $4800, but failed to take any material action to obtain the requisite sub
-division approval
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 p
roffered lnstallment Note (Exhibit
C) and terrnination of the negotiation for sale" which completely contradicts pr
evious 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 beli
eve that you were signing a unilateral contract that could be discarded by one s
ide 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 tr
ustee? was his agreement" He wrote that
A.
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
gave Mr. Gillespie a check for the
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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 b
e split, that we
can't go through with
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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 a
head and anange
it." Mr. Hoffman
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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. Hoffma
n's electric
bill
for the Hoffman household and Hoffman's radio station, and all of the work devel
oping the
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property. Mr. Hoffman testifies that Mr. Gillespie opted for mediation. See Mr.
Gillespie's
testimony on pages 2lthrough page26 of TrialTranscript of PCL 138180.
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20. On page 2 of the Defendant's cross-complaint, line 12-19, Defendant states:
"And is entitled to
possession of all real property and improvements thereon located in the County o
f Tulare, State ol
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California commonly known as 1831 North Lime street, Porterville, California. .
. " In the
PCL138l80 Trial Transcript, on page 23line 18-26,page24line 1-26, Page25line 1-2
5 Mr.
Gillespie testifies to the coutl under oath of all the work he has done to impro
ve the properly, approximately $30,000 (thirfy thousand) dollars of work improvi
ng the property and building the
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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
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contradicted what Mr. Gillespie had to say. His testimony was accepted as true b
y both sides.
This Declarant can attest that Mr. Gillespie was indeed telling the truth. Neith
er Mr. Hoffman
nor anyone from WYSOCKI TRUST has ever compensated Mr. Gillespie for his work an
d his
expense in irnproving or developing the land, but have reap the benefit thereof.
The failure
of
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 cros
s-defendants
would not have to pay any cash money as a down payment..." This is worded this w
ay to
purposely mislead the court. lt would be presumed that Mr. Gillespie supplied th
irty thousand
dollars of work and improvements to the property that the crossplaintant has fai
led to acknowledge. Mr. Gillespie is not the one who has defaulted on the agreem
ent, 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.
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. On page 5 Item 6 continued, cross-complaintant states: "At no time mentioned h
erein
has any
land sales contract agreement been accepted by cross-complaintant". This is a fa
lse and
misleading statement contradicted by previous testimony. See #12 of this declara
tion,
incorporated herein by reference as
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iffully
set forth.
22.Item #18 restates what is in item #6. Item #6 continues: "There has been no r
ecording of any
land sales agreement wit the office of the Tulare County Recorder, nor has there
been any change
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in the real propefty tax status with the office of the Tulare Counry Assessor, n
or has any "Deed of Trust" as contemplated by the offer "Installment Note Secure
d by Deed of Trust" (Exhibit C)
ever has been prepared or executed or delivered or accepted or recorded by any p
arlies ofthis
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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 ma
ndatory judicial
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notice
of.
The first 2 sentences ofthe sales contract state: "Private transfer ofpropeffy r
ights
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within the trust. Acceptance of the first payment verifies this transfer of prop
erty 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
the H.M. Wysocki Trust." The contract is privately recorded with the Community C
hurch
of
of
Kaweah. Mr. Gillespie is also a trustee of WYSOCKI TRUST, according to the contr
act, and
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therefore what is recorded as Wysocki Trust would also apply to Mr. Gillespie an
d there would
be no change in the real property taxes with the office of the Tulare County Ass
essor.
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I, Melody Gillespie, a Plaintiff herein, do declare under penalty of perjury pur
suant to the Laws of the State of Califomia that the foregoing is true and coffe
ct to the best of my knowledge and understanding.
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DECLARATIoN
BY tJ, f {r}
:
n
,'ujl.-,
2
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A +
t, {!tit, (t , J' Q-tt( ^. do hereby declare as follows: ', ,"./
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||
r
I
)
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o
I am not apafty ofinterest to the above entitled case, and am over 18 years ofag
e.
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2.
I personally served Motion for Judicial Notice in supporl of MOTION
TO STRIKE
o
CROSS-CMPLAINT on behalf of the Plaintiffs at 139 Tulare Avenue. Tulare Californ
ia on
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/ la '.>,ii,Li/
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EXH IBIT 1
PLAI NTI FFS WYSOCKI TRUST.
NICKLAS HOFFMAN. AND NICKOL GERRITSMA COMPLAINT
tN PCL 138180
(ctTActoN JUDtctAL)
R Er E N
sutuMoNs
$oLa
FOR COURT USE ONLY PARA USO DE tACORTq
cyilhi[i[;]hBE,ilTF[#Xl?1?t
CASTILLO,
s A Lo r
o)
NOTICE TO DEFENDANT: (AVISO AL DEMA,NDADO): COURTNEY GITIESPIE; MELODY
GEORGE MASON
YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): H.M. WYSOCK
I TRREVOCABLE TRUST
You have 5 CALENDAR DAYS after this summons and legal papers are served on you t
o file a written response at this court and have a copy served 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 a Saturday, 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. Your written response must be in proper legal form i
f you want the court to hear your case. There may be a court form that you can u
se 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 c
ounty law library, or the courthouse nearest you. lf you cannot pay the filing f
ee, ask the court clerk for a fee waiver form. lf you do not file your response
on time, you may lose the case by default, and your wages, money, and property m
ay be taken without further waming from the court. -you may want to call an atto
rney There are other legal requirements. You may want to call an attomey right a
ilay. lf you do not kno\ , an attomey, refenal service. lf you cannot afford an
atorney, you rnay be eligible for free legal services frorn a nonprofit legal se
rvices program. You can locate these nonprofit groups at the California Legal Se
rvices 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
and costs on any settlement or arbitration award of $1 0,000 or more in a cMl c
ase. 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 pa
ra presentar una respuesta W escnto en esla corle y hacer que se entregue una co
pia al demandante. (Pan cabubr bs cinco dias, cuente hs s6bados y bs domingosper
o no /os otros dias feriados 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
para presentar una respuesta por escrito). lJna cafta o una ilamada tehf1nica no
b protegen. Su respuesta escrito tierc que estar en formato legal correcto si d
esea que preesen su caso e', la code. Es pos6& que haya un fomulario que usted p
ueda usar para su respuesta. Puede encontnr estos formularbs de la cute y mds in
formaci6n 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
formulario de exencjhn de pagp de cuotas. Siro presenfa su respuesfa a tiempo,
puede peder el caso por incumplimiento y la corte b podrd quitar su suedo dinerc
v bienes sr'l? mis advedencia. Hay oilas requisitos bgales. Es recomendabte que
name a un abqado inmediatamente. Si no conoce a un abogado, puede llamar a un se
rvicio de remisk5n a abogados. Si no puede pagar a un abqado, es pos6/e que cump

la @n hs rcqubitos para obtener servic:tos legahs gratuitos de un programa de se
rvbbs 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 C
enbo de Ayuda de las Cqtes de Califomia, (www.sucorte.ca.gw) o ponandose en cont
acto con la cofte o el colegb de abqados bcabs. A V/SO Por by, la oofte ti:'ne d
erecho a reclamar las cuotas y bs costos exentos por imponer un gnvamen sobrc cu
alqubr recuperacbn de 510,M 6 mds de valor recibkla mediante un acuerdo o una co
ncesbn de arbitraje en un caso de derecho civil. Ttene que pagar el gravamen de
Ia cofte antes de que la eode pueda desechar el caso.
pr
The name and address of the court is: (El nombre y direcci6n de la cofte es):
2.
The name, address, and telephone number of plaintiffs attomey, or plaintiff with
out an attorney, is: (El nombre, la direcci6n y el n1mero de tel6fono del abogad
o del demandante, o del demandante que no tiene abogado, es):
TULARE COUNTY SUPERIOR COURT 87 EAST MORTON AVENUE 87 EAST MORTON AVENUE PORTERV
TI,LE, CA 93251 PORTERVILLE DIVISION
3.
for compensation give advice or assisfarltffl{{|1.-this form. (lf plaintiff has
rgqe}yed apy detainerass,stggt,conpteleîtgJn O on ffie nexfFwb'.".1_ u the . il
rY U "n crerk, " i"f (Fecha)
16i4 NORTTi BRADLEY STREET PREPARED BY DEBBTEIS I,EGAL TYPING (Must be answered
in all cases) An unpryfpl detainer assistant (Bus. & Prof. Code,
NICKLAS A. HOFFMAN, TRUSTEE NICKOL D. GERRTTSMA, TRUSTEE
(ss9)
901-5256
,^r::'"'"' """oj'fftl{"9T%ffl
ndi(fagc).t,
did not oio y from an unlawful ty
(Adjunto)
[--l
. /
in
lsecre
(For proof of se.:l.ice of this summons, use Proof of Service of Summons (form P
OS410).). de esfa citaii1n use elformulario Proof of Servici of Summons, (POS-01
0)). 4. NOTICE TO THE PERSON SERVED: You are served a. l*--l as an individual de
fendant. b. the person sued under ihe fctitious name of (specify):
c.
d.
[-as f--l as an occupant
under:
l---l cCP 416.60 (minor) I--l ccp 416.10 (corporation) l--l ccp 416.20 (defunct
corporation) [--ltcp 416.70 (conservatee) [--l CCp 416.40 (association or partne
rship) [-_l CCp 416.90 (authorized person) l--l other (specifv): [-_l ccp 415.46
(occupant)
Page 1
5.
-Fomldopted
for Mmdatory Use Judicial Courcil of qtgl:1
ot?
suMMoNs-uNLAWFUL
DETAI NER-EVICTION
soffi,
Code ot Civil Procdure SS 412-20, 415.456, I 167
JRN-?-PA1E 7?z?9P FR0l'1:

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CA 93257 DTVISI6N
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e,ss pa6tijc6 flll enftr-oemenrdiud,mentlz0l uriiari,titDeiarner = lgtr1inht",io
s) L *lse [aneprc''Gftll'6'orrtlptalnl I ].OeramatOofrAj -E-*Commercid{31J: l--l
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ATTORNEY CR PARTYWITHOUTATIORNEY
JICKLAS A.
NTCKOL
f/Vame, Stde garnumbet,
aN
ddFJss):
FOR COURT USE ONLY
1614 VISALIA CA 93277 PREPARED BY DEBBIE'S LEGAL TYPING IELEPHoNE No.: (559 ) 94
1-5256 FAXNO. (Atrional):
E+4AfL ADDRESS (O$onal):
HOFFMAN, TRUSTEE GERRTTSMA, TRUSTEE NORTH BRADLEY STREET
D.
IN PRO PER SUPERIOR GOURT OF GALIFORNIA, COUNTY OF TU],ARE
ATTORNEYFORllrlame.l:
t i; 5::-. tiui'11\' 3iil' i{ii-.rj'rii'iii? : ;nilj-i:1, ::-l-!'::ir.
;
I
l
srREErADoREss'
MATLTNGADDRESs:
cmyANDzrPcoDE: BRANCH NAME:
87 EAST MORTON AVENUE 87 EAST MORTON AVENUE PORTERVIl,LE, CA 93251
i,-i i l
j!
i,'
:-i 1,
a
,,
i,
iil
PLAINTIFF:
H.M.
PORTERVILLE DIVISTON WYSOCKI IRREVOCABLE
TRUST
CASTfLLO, GEORGE
-,'ii ii.1,'iifi:-i i: l' :ll-i il}
DEFENDANT: COURTNEY
GfLLESPfE,
MELODY
!/1n '!f-/Lt' ,."n-t
rj,!,.
d"tdsAtn'XJ '/
til
MASON
l,/
DoESlro
10 rNcLUSrvE
COMPLAINT
AMENDED COM PLAINT (Amendment
l-xl conaplatNT l-_l
UNLAWFUL DETAINER*
N um ber)
:ff!*iqlt
alt that apply):
&c,
Jurisdiction lcheck all that apply):
tf
fl n
AcnoN
rs A LrMrrED
crvrL cAsE
Amountdemanded fX I Ooesnotexceedgl0,000
exceeas $10,000 but does not exced $25,000 ACTION lS AN UNLIMITED CIVIL CASE (amo
unt demanded exceeds $25,000)
ACTTON lS RECLASSIFIED by
l---l
this amended complaint or cross-complaint
(che*
l-_l f--l
frorn unlawful detainer'to general unlimited civit (possession not in
from unlawfut detainer to general limited
issue) (possession not in issue) civil
[---l f-_l
froln limited to unlimited troln unlimited to limited
1. PLAINTIFF(nameeach): WM WYSOCKY TRUST
alleges cruses of action against DEFENDANT (name each):COURTNEY
GILLESPIE/ MEIODY CASTILLO,
GEORGE MASON
2. a. Plaintiff is (1)
(2)
rr2\
\v/
E fl
t]
an individual over the age of 18 years. a public agency. other (specify):
(4) (5)
T-l a partnership. | | acorporalton.
b.
|
|
Plaintiff has complied with the fictitious business name laws and is doing busin
ess under the fictitious name of (specify):
Defendant named above is in possession of the premises located at (sfreef addres
s, apt. no., city, zip code, and county):
1831
NORTH
LIME STREET, (BARE LAND) PORTERVILLE, TULARE
COUNTY CALIFORNIA 9325'I
other (specify): 4. Plaintiffs interest in the premises l-Xl as owner The true n
ames and capacities of defendants sued as Does are unknown to plaintiff. 5. defe
ndant (name each): COURTNEY 6. a. Onorabout(date): AUGUST 2004
is
l--l
GfLLESPfE,
MEIODY
CASTIL],O,
GEORGE MASON
(1) agreed to rent the premises as (2) agreed to pay rent of$ (3) agreed to pay
rent on the
a l--l
b. This
l--l [-l written [-Fl oral agreement
I
plaintiff.
payabfe l-monthly [-l other (specify frequency): first of the month [--l other d
ay (specify):
was made with
(3)
month-to-month
tenanry
[--l
other tenancy (specify):
(1) TX (2)
Defendant had an oral agreement with plaintiff
Form AppmEd forOptlmal Use Judicial Cour}cil of Califomia Ut>1oo [ReY. July 1,20
05]
l--l
T_l
plaintiffs predecessor in interest.
plaintiffs agent.
(4)
they could park their
N
rnotorhome
Pagc
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., $ 1161bBm
porarj-ly
on property
I
of 3 code of c
co
Mp
LAt
N
T-U
LAWF
U
L
D
ETAr * r
t"rff8l" s qPhts
M,,99.?ydss.1??r1ia
WYSOCKI
DEFENDANT
REVOCABI,E TRUST
(Name): COURTNEY Gf
LLESpIE,
ME],ODY
CASTILI,O,
GEORGE
I
XI
E (3)l lother(specify): l-fne agreement was later changed as follows (specify):
eThe defendants not named in item 6a are (1) subtenants. (2) LXJ assignees.
f. .
| A copy of the written agreement, including any addenda or attachments that for
m the basis of this complaint, is attached and labeled Exhibit 1. (Required for
residential property, unless item 6f is checked. See Code Civ. proc., 1166.) S l
-(For resMentiat property) A copy of the written agreement is not attached becau
se (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 (4) | 3-day notice to perform covenants or qui
t (2) (5) 3Gday notice to quit 3-day notice to quit (3) | 60-day notice to quil
(6) Other(specify): b. (1) On (date): DECEMBER 2009 the period stated in the not
ice expired at the end of the day (2) Defendants failed to comply with the requi
rements 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 not
ice is attached and labeled Exhibit 2. (Required for residentiat property. See C
ode Civ. proc., s 1166.)
q |
31,
| E | I
f. I I
_
One or more defendants were served (1) with a different notice, (2) on a differe
nt date, or (3) in a different manner, as stated in Attachment 8c. (Check item 8
c and aftach a statement providing the information required by items 7a-e and 8
for each defendant.)
8. a. [X I The notice in item 7a was served on the defendant narned in item 7a a
s follows: (1) l-T-l by personally handing a copy to defendant on (date): DECEMB
ER 2 B , Z00g
(2)
T-]
(3)
|
by leaving a copywith (name ordescription): a person of suitable age and discret
ion, on (date): at defendanl's ,r_-l residence [--_l business AND mailing a copy
to defendant at defendant's place of residence on (date): because defendant can
not be found at defendant's residence or usual place of business. I by posting a
copy on the premises on (date): [-l nruO giving a copy to a person found residi
ng at the premises AND mailing a copy to defendant at the premises on (date):
(Not for 3'day notice; see CivilCode, $ 1946 before using) by sending a copy by
certified or registered mail addressed to defendant on {date): (5) T(Not far res
identialtenancies; see CivitCode, S 1953 before using) inthe manner specified in
a written commercial lease between the parties.
b.
(4)
f]
(a) l-_l (b) [-]
because defendant's residence and usual place of business cannot be ascertained
OR because no person of suitable age or discrelion can be found there.
c. f--l
d.
f-xl
was served on behalf of all defendants who signed a joint written rental agreeme
nt. Information about service of notice on the defendants alleged in item 7f is
stated in Attachment gc. Proof of service of the notice in item za is attached a
nd labeled Exhibit 3.
UO-10e [Rev. Juty 1, 2@51
COMPLAINT_UNLAWFUL DETATNER
Page 2 of 3
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,,.-,,,, r,,,.,.r=',',',",-,,T,{F=$F, - =..,,,,=,.,,,,
-IHE:REA5.QI{:ft lls.NOTlE:L$F-Ell{G$E.iV,ED;I$; PERI!trSSION.
:.,, state:
**.**==..*.,. ziv
-*;Fz;4,
:
d* EYII-I,,REAT A}{DDInRSSST-rEreo-I$,ggCUPf SOIIT}I.I?0tr.EETOTEA{CEL TTITgOUT'
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t
-g'.Nt*lYFrtt usr:oF ilG,Eitcg-r; u.RAli.p.!iED E4il:D:ds',il.ailG6ar,gir,cE',f'
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N"9:
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1:
.
:1
,i
l, ihe undersigned, being al least 18 years of age, declare-under penalV,of pedu
ry nat tserved the above notice, of.which thisis ewe copy, on.the bllotding teha
nt(s) in possession in the manner(s)indicateg hlo,!,lr'
ihe notiee
io'i1he renant{s)
|
E10r :,.a'fei-attelilFtJr0 FrqLa[se.Flap",l , 'hali_@ f1C ng!,ae de e.i$I*itr o-f
',!r]it4F,.age ;ind ,ditrdeggn
:q .@sspigeus place dt rrltre lesHene of 'the tanantfs],Ailtr-.ldeFiiil(sr5,lt-u
e:ipptiit'the'us. Mail il a sepled erwelepe with pqstiigs -fully
.psted Oe, rolice in
sbd. eovefeFe,wtlh pEstatqftilly prep;il;, addr,e-s-sed to the lenant(g at his/h
er4heir f,ace. o{ msfidence {date
mailed
AN.D
{
atthe tSidetiae&i$ness
df tE, EbaDtts}.
derypsited,,:a !r-re' @FE;in::the. 'U--$; lVlajlr
in
.a
prppaid, addr.esed to the fenant(4 d hisllrer/their ptace pf ',qesid-en (d-ate ma
lled, dfferent
il
).
ffdifferent
I'
F{ecuteg ofi
uD-100
ATIOijiJr'OR
PARTY WTHOUT ATTORNEY (iVamq
Sfal
umber, and addtess):
FOR COURT USE ONLY
JICKLAS A. HOFFMAN, TRUSTEE NICKOL D. GERRITSMA, TRUSTEE 1614 NORTH BRADLEY STRE
ET VISALIA CA 93277 PREPARED BY DEBBIEIS LEGAL TYPING
TELEPHoNENo.:
E
(559) 901-5256
FlxNo.pprionat):
lvrAL ADDRESS fop&ral);
PRO PER SUPERIOR COURT OF CALIFORNIA" COUNTY OF TULARE
ATToRNEYFoR(ilamel:
STREETADDRESS: MATLTNGADDREsS,
IN
crrYANozrPcoDe:
BRANclttlAME:
87 EAST MORTON AVENUE 87 EAST MORTON AVENUE PORTERVILLE' CA 9325'7
,-,iii'i,
' ::i--iiit i,;i;,lT . r,fii;.,i
:, : -a_t
: -'
'--1'--.|-- \GEORGE MASON
.:
,-,
li
f t?
irl
PLAINTIFF:
PORTERVILLE DTVTSION H.M. WYSOCKI fRREVOCABLE TRUST
l';,'ir " : t:i..tlii1ii
*:l
J
&f
i ai:"
DEFENDANT: COURTNEY
GILLESPIE,
ME],ODY
CASTILLO,
tX]
DoES
1
To
10
INCLUSIVE COMPLAINT
/' _
UNLAWFUL DETAINER*
CASE NUMBER:
A:,-)
l---l cottlplatNT [x
I
AMENDED coMPLAtNT (Amendment Number):
-1PCL1381BO
Jurisdiction lcheck all that apply):
[Tl
l-_l I---l
acrroru rs A LrMrrED crvrL cAsE
Amount
demanded l-X I
does not exced $10,000 exceeds $10,000 but does not exceed $25,000 CASE (amount d
emanded exceeds $25,000)
l*-l [-_l f_-l
ncnon ls AN uNLlMtrED clvlL
nCnON lS RECLASSIFTED by this amended complaint or cross-complaint (check all th
at appty): frorn unlawful detainer to general unlimited civil (possession not in
issue) f*] ftot limited to unlimited general limited civil {possession not in i
ssue} I I trom unlimited to limited fro* unlawful detainer to
1. PLAINTIFF (nameeach): WM WYSOCKY TRUST

alleges causes of action against DEFENDANT (name each): COURTNEY MASON
GILLESPIE,
MELODY
CASTILLO,
GEORGE
2. a. Plaintiff
is
(1) (2) (3)
l-X
I
! |
an individual over the age of 18 a public
agency.
years.
(4) (5)
T-l T-l
a partnership. a corporation
lother(specify):
b.
l--l
Plaintiff has complied with the fictitious business name laws and is doing busin
ess under the fictitious name of (specity):
3. Defendant named above is in possession of the premises located at (street add
resg apf. no., city, zip code, and county): 1831 NORTH LIME STREET #A, PORTERVIL
LE, 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 plain
tiff. 6. a. Onorabout (date): AUGUST 2004 defendant (nameeach): COURTNEY
GILLESPIE,
MELODY
CASTILLO,
GEORGE MASON
(2)agreedtopayrentof g
(3) agreed
(1) agreed to rent the premises as
b. This
(1) (2)
l--l fll plaintifi. T-l plaintiffs agent.
tenancy l--l other tenancy (specify): payable l-_l monthly l--l other (specifyfr
equency): to pay rent on the i-*-l first of the month [--l other day (specify):
wriften [-X I oral agreement was made with
a I
month-to-month
(3) (4)
f_l
plaintiffs predecessor in interest. other (specr'fi):
Defendant had an oral- agreement with p3.aintiff
FormApprovedfsoptimar
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., $
Judicial Courcil of Califmia UD-l00 [Rev. July 1, 2005]
they couJ.d park their motortrome 1161alemporarily on property
pase r or3
use
COMPLAINT_UNLAWFUL DETAINER
^ )oruf,rons Q PIus
i.egal
code or civir
ri,ll*?*?ssrlr??ri",?*
PLAINTIFF (Name):
DEFENDANT N
WYSOCKI TRREVOCABLE TRUST
CASE NUMBER:
(Name): COURTNEY
GfLLESPIE,
PCL13B18O MELODY
CASTILLO,
GEORGE
6. c. I X
I
The defendants not named in item 6a are
(1) l-fl subtenants. ror f v_l assrgnees. (z) rA I ^ ' (3) I--l other (specify):
The agreement was later changed as follows (specify):
d.
n l--l
e.
f.
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 re
sidential property, unless item 6f is checked. See Code Civ. Proc., S 1166.) res
identiat property) A copy of the written agreement is not attached because (spec
ify reason): l-for (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 f
or nonpayment of rent (Code Civ. Proc., $ 1161(2)).' eacfr); COURTNEY
7.f-- a. Defendanl(name
GILI,ESPIE,
MELODY
CASTILLO'
GEORGE MASON
was served the following notice on the same date and in the same manner: (4) 3-d
ay notice to perform covenants or quit (1) 3-day notice to pay rent or quit ($ l
-X Sday notice to quit (2) l---l 30-day notice to quit (6) Other (specify): (3)
T_l 60-day notice to quit the period stated in the notice expired at the end of
the day. 2009 (1) On (date): DECEMBER b. (2) Defendants failed to comply with th
e requiremenls of the notice by that date. c. All facts stated in the notice are
true. d. [-il fne notice included an election of forfeiture. e. l-Xl n copy of
the notice is aftached and labeled Exhibit 2. (Required for residential property
. See Code Civ' Proc., s r766.) f. T-_-.l One or more defendants were served (1)
with a different notice, (2) on a different date, or (3) in a different manner,
as stated in Attachment 8c. (Gheck item 8c and aftach a statement praviding the
information required by
t--l
31,
l--l I n
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 f
ollows: 2409 (1) TX-l by personally handing a copy to defendant on (dat{: DECEMB
ER 2I ' (2) l--by leaving a copy with (name or description): at defendant's a pe
rson of suitable age and discretion, on (date): AND mailing a copy to defendant
at defendant's place of residence on l-_.l residence i-.l business (date): becau
se defendant cannot be found at defendants residence or usual (3)
T*l
place of business by posting a copy on the premises on (date):
(dale):
[-_l
nruO giving a copy to a person found
residing at the premises AND mailing
a copy to defendant at the premises on
(4)
T-l
r
,-. f_-l (c)r
b.
because defendant's residence and usual place of business cannot be ascertained
OR because no person of suitable age or discretion can be found there. (Not for
3-day notice; see Civil Code, g | 946 before using) by sending a copy by certifi
ed or registered mail addressed to defendant on (date): (Not for residential ten
ancies,' see Civil Code, $ 1953 before using) in the manner specified in a writt
en commercial lease between the parties.
l--l &) T-l
(a)
".
d.
[--] fxl
was served on behalf of all defendants vuho signed a joint written rental agreem
ent. Information about service of notice on the defendants alleged in item 7f is
stated in Attachment 8c. Proof of service of the notice in item 7a is attached

and labeled Exhibit 3.
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,'6EORGE
MA
F 11 . il
1
9. f-J,
0.
1.2-r:f
Ptaintiff d-einan(tqjpqsses6iotifiom eechiie?ridan(:because of:erpirationof afixd
:{erm:leasq At.the time lhe Sday notice to pay renl or qvit.'aas serve.d, the an
ounlf renl due was $ Tt-ielaii r.e4!6rlvglue of .pcr daI. Deferifants+. nljriqed
f,oslie9ltion,.tr rna{lcious.snd:pl6intif,is entit{ed:t'o:slatutorydamqges,o-rde
r C-i}de of Civil Frqggdure
&e"premisesis,$:
f] M. fJ
13.
seetionr'l174(!)',ftaleisp*nfrEfads,sutpo'liiigdaiairi,iipi.ta 60OInAttdehnentTL)
A written agreementtetween he parties proviJes ficf qttorney Le-es.
De$ndanfS tenancy is subject to the local rent control or eviction Gontrol ordin
ance 9f
(W
ot county, tittd ef ofdinance,
anddato'af passage):
FIaintifi has:rn-etal!: applioable requrremerit$ d! lhd oidirJaaQES.
15.
16. Flaiafitracaepl,s:theiuiisdictt-olr?l,litii.rl,if.aqy;,eF:the coort
.Cxher allqgiatii.Dns
arestrted ini{tbchrnenl f5.

TZ]PLAISNFFR-E.@EST
e. jtdS$dssfqn irtthE Itremiss. b. co-$G inixrned in thibproaeeding:
f. fi
E
,oamaoes. aJ
n iiasttirrdr'ri't of-$ d. Ef] :reasi:nablE atomryfees. 13: 1NA1;RRE ,e- f-l :for
feiture of the:agreernent.
,G
(datel:
t2hg ralestated in
ltFr-r d,1 from
&reacfidaythat
gntr6,*obn1s: r_emdn.f-n posseosion thro.ugh edry,A_f Jt dgrnenL fJ"$iafu.tiory da
mages up to,$600 Tgr the condurl alleged:in
itern
f-fi
o*rer.(svwffy1; EE-I.f*:EI,
P.ROEER
sugE orEER ..A-ND F.U8TEE-R .t}'iAt ttig COURF: DEEU-S ,tUS?
SNq
$.
[n.
Number of pages
afte- chgid
6peii,ry]:
:t:l:-l
UNt-Al,lfFUt OETAIBERAS-S|STAIII flB
*iP, .fof., Code, 9$ 6.40e-641 5)
19. {Comileteioefl'cdses.I An'snlalnfuldeiaher,rassistan{ OiC,npJ' a.io tul.empe
nsaUonpiveadvbeg.ra$sistarcg, .lr,nflthi*brm , ,{lf:plsintitfhas tweiJrg:d ao.y.
!1elp'El.p"dficr, fpt'ppyittxri aa:*itfviiola*diiix.axisaa6.:sHtQ:
,:+'iAssistanfs hame: 'b. tree-taddres. B. dty:, and zlp cdd6;

T.el9rtlippe ttq;:
F
d. ftunt11 of reglsiralion
-c..
9'
Regis-trstl'rn,No.;
f- Eolresor fdateJi'
Date: JANUARY
1, 2A1.A
veflF,rFATjO$l
{lJse a,tfrerent'vertrieilon fitrmif,t}n uerlflerrtiott.s;bf:aifftornEy'grbFdtif
fi:ietia,ii6i.!Eitne!ship-} li,ain:lllg:p.Fit{iff ii}ffi$ftroeedlngrand have xed'
th:in:cornpainLt,apdare undsr pe.nals-of:ped.uryuRd,ejf.le laiGof thq Stalgpf es
ffiomib &at the;fqEgelrrg is tfire{nd pojTee}
DaiB: JAISUABt'
?'4 20,10
NICKI,AS AI]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
of
uD-105
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nafto and
Addss).
IELEPHONE NO
FOR COURT USE ONLY
Courtney Gillespie, Melody Castillo, George Mason
c/o 1831 North Lime Street Porteruiiie, California
'i
r
ATTORNEY FOR r/Name):
;'rr_ ; :.i :, t rl:,:i.,
r:i-;
i
I
NAMEoFcouRr
STREETADDRESS
MATLTNGADDRess
SUPERIOR COURT OF CALIFORNIA, TULARE COTINTY
87 EAST MORTON AVENUE 87 EAST MORTON AVENUE
(.,a t: 1
,.,e,/, 4 i.', i; t ; ;.',:.:
clT.rANozlpcooe BRANcH NAME PLAINTIFF:
DEFENDANT:
PORTERVILLE. CALIFORNIA. 9325'7 Porterville Division H. M. WYSOCKI IRREVOCABLE T
RUST
-ti;...'1,.'. l
..'r ,:l \ ':--.
f
: r
: ..t
I I
;{
CASE NUMA6R
ANSWER-Unlavvful Detainer
PCL 138180
u',,ilnr'"ia
2
than
fi*' E '- nQb"\ ('tsn/lo '
$1
G<c 07< Yt'as a tJ
answers the complaint as follows:
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
,000.
b [_-l
(1) Defendant ciaims the following statements
Defendant admits that all of the statements of the complaint are true EXCEPT of
the complaint are false (use paragraph numbers from the ccmplaint or explain)'
|
| Continued
on Attachment 2b (1).
(2) Defendanthasnoinformationorbeliefthatthefollowingstatementsofthecompiaintare
true,sodefendantdenies
them (ase paragraph numbers from the complaint or explain).
l---l
3.
Continued on Attachment 2b (2)
AFFIRMATIVE DEFENSES (NOIE: For each box checked, you must state brief facts to
support it in the space provicled at the top of page two (iten 3j)). a. of rent
only) Plaintiff has breached the warranty to provide habitable premises. (nonpay
ment of rent only) Defendant made needed repairs and properly deducted. the cost
from the rent, and plaintitf did not give proper credit. before the notice to p
ay or quit expired, defendant [@onpayrnent of rent on!y) An offered the rent due
but plaintiff would not accept it. d. Plaintiff waived, changed, or canceled th
e notice to quit e. Plaintiff served defendant with the notice to quit or filed
the complaint to retaliate against defendant.
[fonpayment b i--l
c
@ate).
f l-_-] S
n [--l
By serving defendant with the notice to quit or filing the complaint, plaintiff
is arbitrarily discriminating against the defendant in violation of the Constitu
tion or laws of the United States or California. TPlaintiff s demand for possess
ion violates the local rent control or eviction control ordinan of (city or coun
ty, title of ordinance, and date of passage):
e
h f :] i. | /1
(Also, biefly state the facts showing violation of the ordinance in iten 3j.) Pl
aintiff accepted rent from defendant to cover a period of time after the date th
e notice to quit expired. Other affirmative defenses are stated in item 3i.
'l ol
Fom Approvd by lhe Judraai
Council ot Calilomia UD'105 lRev. Jenuary t.20071
ANSWER-Unlawful Detainer
uD-l05
PLATNTIFF
(Name): H.
(Nane):
M. WYSOCKI IRREVOCABLE TRUST
CASE NUMEER
DEFENoANT
Courtney Gillespie, Ivlelody Castillo, George Mason
PCL 138180
3
AFFIRMATIVE DEFENSES (cont'd) j Facts supporting affirmative defenses checked ab
ove (identify each item separately by its letter from page onel.
WYSOCKI TRUST, by its representatives Nickol Gerritsma and Nicklas Hoffman, sold
property rights to Courtney Gillespie in a land contract. See exhibit "A". Ther
e are no rental or lease agreements. All defendents request that Plaintiff prove
any and allclaims to the parcel of property in question.
4
(1) I-7-l All the facts are stated in Attachment 3j OTHER STATEMENTS a. Defendan
t vacated the premises on (date).
(2) |
/ I
Facts are continued in Attachment 3j
l-_l b [--l
c
Thefairrental valueof thepremisesallegedinthecomplaintisexcessive (explain)
5
DEFENDANT REQUESTS that plaintiff take nothing requested in the complaint. ccsts
incurred in this proceeding. reasonable attorney fees. th at pla intiff be orde
red 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.
a b c f7'l d [--l
e
f7l
Number of pages attached (specity).
f q a M [-.]
UNLAWFUL DETAINER ASSISTANT (Business angl,Professions Code sections 6400- 6415)
OiO for compensation give advice or did not (Must be completed in all cases) An
unlavuful detainer assistant assistance with this form. (lf defendant has recei
ved any help or advice for pay from an unlav,tful detainer asslslanf, sfale
^ n ^î^l^^rr^ d. n>>l>(dtR> ^^-^, |rdlilE.
b
Telephone No.:
c. Street address, city, and ZIP:
d. County of registration:
e. Registration No.:
f. Expires on (date)
\
(IYPE OR PRINI NAME)
7
(SIGI]ATURE OF OFENCANT 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 s
ign this answer unless his or her attorney signs.l
VERIFICATION (use a different verification form if the verification is by an att
orney or for a corporation or paftnership. ) lam the defendant in this proceedin
g 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
IWPE
OR PRINT NAME)
/ol-F
UD'105 [R6v January 1,20071
ANSWER-UnlaMul Detainer
Pag6 Z ol 2
PLAlNrlFFiPErlrloNER:
DEFENDANT/RESpoNDENT:
H. M. WYSOCKI TRUST Courtney Gillespie, Melody Castillo, G. Mason
DECLARATION
CASE NUMBER:
PCL 138180
(This form must be attached to another form or couft paper before it can be fite
d in courl.)
l. Nicklas A. Hoffman, AGENT OF WYSOCKI TRUST, approached Declarant approximatel
y February 200-l about buying a piece of properfy together.
2. After consideration of a few different properties,
as 1831 North Lime street in Porterville, California
a mutual decision was made on
the l0 acre parcel knorvn
N. A. Hoffman. AGENT, stated that Declarant and N. A. Hoffman rvould split the p
roperry, and help each other rvith building 2 residences, subdivide properfy, an
d share the equitable interest.
-1. Approximately August2004, after installing the power utilities, Melody Casti
llo and Declarant moved onto the proposed 5 acres to be subdivided and sold to D
eclarant usins a land contract. 1, 2005, Declarant and Nicklas A. Hoffman, AGENT
, signed an agreement to split the property. Title of property was placed in WYS
OCKI TRUST and the property rights was sold to Declarant by
3
5. On or about February
land contract. See exhibit "A". Since that time, WYSOCKI TRUST, it's AGENTS & AS
SIGNS, have failed to perform on the conrract. After numerous requests to WYSOCK
i TRUST to subdivide, its ACENTS and ASSIGNS have failed to sLrbdivide or to fil
e any notice of impending subdivision.
6.
7. Declarant denies any and all allegations made in the original complaint. 8. D
eclarant
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)
l-l t]
Form Approved tor Optional Us Judiciai Council ol Catifomia
Attorney for Respondent
f, E
ptaintitr
Otner
l-l
petition",
Mercnaant
,.Specity):
MC{31 [Rv July
ATTACHED DECLARATION
Pago 1 ot
1
1, 20051
MC-031
PLAI NTIFFiPETITIONER:
DEFENDANTiRESPONDENT:
H. M. WYSOCKI TRUST Courtney Gillespie, Melody Castillo, G. Mason
DECLARATION
CASE NUMBER:
PCL 138180
(This form must be attached to another form or court paper before it can be file
d 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 Castillo
(TYPE OR PRINT NAME) TURE OF OECLARANT)
fl E
Fom Approved for Optjonal Use
Judrcial Counql ol Califomia MC{31 (Rv July 1, 2005)
Attorney for
Respondent
tl Plaintiff I-l Petitione, E(Defendant
T Other (Specify):
Pag. 1 of I
PLAlNrlFFrPErrrloNER:
DEFENDANT/RESpoNDENT:
H. M. WYSOCKI TRUST courtney Gillespie, Melody castillo, G. Mason
DECLARATION
CASE NUMBER:
PCL 138180
(This form must be attached to another form or court paper before it can be file
d 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 of the State of California tha
t the foregoing is true and correct
Date 0ll21l20l0
Ceorge Mason
(TYPE OR PRINT NAME)
Ptainiiff
Fom Approvod for OpUonal Use
Judicial Council ot Catitomia MC-031 [Rov. July 1. 2005]
[-lPetitioner VDefendant
Pagc 1 ol I
lw.UscourrForm3 @
lAme.ican LegalNet.
Inc.
I
I
Exhibit
tt
rytt
THIS NOTE: when paid, this N<)ue and t,he Deed. of Trust, mus! be surrendered wi
Eh a request for reconveyance.
DO NOT DESTROY
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
' designat,ed., locaEion, 'the sum of sixty: Eho,rt"hd Uott.t"" .' (S6q,000) lwi
t,h inE,eresE, from Ehe date of execut,ion of t.his'rrq not,e unEil. paid, at, E
,he interesE, raEe of 7 p8,,-cenE, per,r;i1l annum, ppyable in monthly insE.allme
nts of at leiasE, $500.00,:i';.-;,' beginning on Ehe first, day of the third mon
th of 2005 and '.' continuing .monthly t.hereafEer unEil paid in full :
aE,...,:
'
The
lI M Wysocki Irrevocable
TrusE,
r et order,
Should. int,erest, noE be so paid, iE shall thereaft.er bear like inf-eresF. is
fhe nrinr:ini'l , hrrl- qttch unoaid interest q9 Sc rarugr 5^rv5!/q4 s 9 9 9aa9
Y! compounded:shaIl noE, exceed an amounE ecrual,Eo simple inE.ereSE,.,'r. :r' r
' or=r'Ehe unpaid:principal: aE, the maximum ra.te permiLged, bv 1aw.:..-1i' ..
' '. ',', '.;:i 'r'l .i'i;+.1-i4+,1#:.: I :i,fS -! :,,i shciuld defdult, be mad.
e',ln'Cne patment, of any i#iteiiment oe'..i'i' inE.erest'when due, their Ehe wt
iole 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', sec
uiea uy 'a;,fji: certain DEED 'OF TRUST to Nicklas Art.hur, as TrusE.ge. .' ,, ,
'.-:ii,i . =.,i:*i :i,. rn the event, of voluntary saIe, dny alienation o'lt'bor
r.r.y3ni"'i,i-9 of ..all or any portion of t,he real propert,y d.escribed in:the
-:ir.f: deed of , qru-3C .se_curing' E,h-i.s ncC.e, - any ind.ebt,edness'. oiff
l
eLtIIUer r .ctL ?brig?:l:liit| 1",:".:ld1L,-,::and payable. i1',-tl-?-,?!E'ion i
rmnediately become due::and
LLS.L
-.t
within
^ l..r.i,i,.: ..,^ Payor'l - -. --'
reserves Ehe privilege and option of prepaying the ;:i -I- - - -.. noE,g in full
or part, dE any tirne, without. penalty _r-ti.
:,
1
' "T f
or-,,lhe :;l?rd?', . *3v#li
' " :,''-'
.
:
.?
payment
Privat.e t,ransf er of property rights wiChj.n Trust,. Acceptance of f irst. ver
ifies Ehis transfer of propert,y rights to Gourtney GeIIespie Lir-e eof fowing d
escribed propert.y and rA of permit.ced act,ivicy per Count,y of T\rlare wi-th E
hg obligaEions incurred thereby. Tulare Count,y APN2551rf} fooF
. 230-004. . property DescripE,ion: Of Ehe approximat.ely L0 acre parcel the sou
t,h 120 feel of:t.he easE half and Ehat, part, of t.he west half excluding Ehe n
ort.h
pa).menEs sha1l be a minimum of $5OO/mont.h wi[h a 7% apr and aII due on Tax obl
igaeion (St.aEe rent) is ret,roacEive t.o 1-15 -20L2 (7yrs) . possession and' po
rtion shall be due upon demand per CounLy of T\rlare.
This is.a privat,e law documenE, dtry adjudication shalI be assigned only by the
church'afl Kaweah board of elders or other body of Christian men per lCor 6:1.
I hereby accept, the above Lerms and position of t.rustee of the H. M.
Wysocki Trust..
Nicklag ArEhur fo:' H M Wysocki IT
coL'RTlrEy
cfr
r,pgp1g
TO
H. M.
VrySOCKI TRUST q >JZ> I
1E31 N I.IME ST
YUKlEKvI&,
<5
1-10-2005 palaraE drtr 3-01-05
ACRES
AT RD 248 & AUE 1?I bogl--iug belalco
50,000. 348.
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COLN,TNEY GELLESPIE
TO
H. M. WYSOCKI TRUST 18]1 N LI}{E ST PORTERVILLE, CA 9]2S?
<5
ACRES
AT
R.D
248 &
A\TE 171
-2005 pa)acEt detc
1_10
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60,000.
348.
lntcrcaE
Prlmc rE
accruad (7t- x.0058/roo,) Balalcc accruad (7t' x.0058/no.) Balaacc EaIancc
-600.
59,7,18,
347 .
4-01-05 5-01-05
intorcst, PaleonE
-9VU.
59,495,
345.
tatarGsts accrrrod (71. x. 0058,/no. )
PalBeE!
-600.
59,2{0.
M
COURTNEY GELLESPIE
TO H. M. WYSOCKI TRUST 1831 N LIME ST
TUKlT,KVI.LrJL, Lfi >JZJ/
<5 t-10-200s payment date 3-01-05
payment
ACRES
AT RD 248 & AVE
171
beginning balance
60,000.
4-01-05
pa)rment
payment, =================================================================
h-tt | -lt\
- 500
.
payment
=========-=======================================================
-500.
-OUU.
/-uJ--u)
payment
=================================================================
d-uJ.-u)
pa)nnenE
-600. -600.
=================================================================
payment
=================================================================
IU-UI--U5
palnnenE
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =r=l=
--n71=
_./
====== === ===== ========
-------- :ii:::-- I'i.w
POS-030
ATTORNEY OR PARTY WTHOUT ATTORNEY (NAME, SIAIE 8AT NUMbCL ANd AddreSS):
FOR
COUR| USE ONLY
c/o l83l North Lime street Porterville, Califon, ia
TELEPHONE NO:
-[.1AlL AODRESS (OPrtotal) F.dX NO.
(Oprotal)
ATTORNEY FOR lName)l
SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUIATC
sTREETADDRESs
T,TATLINGADDRESS
87 East Morton Avenue 87 EaSt MOltOn Avenue
crry
AND zrp
cooE:Porterville,
California
93257
Porterville Division PErlrloNER/PLAINTIFF: H. M. WYSOCKI IRREVOCABLE TRUST
BRANcH NArdE:
t^ !.it'.
.
.;iil
,
.
{)
\
I
:-i''""tl:4/
RESpoNDENT/DEFENDANT:Courtney
Gillespie, Melody Castillo, G. Mason
CASE NUMBER
PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVIL
PCL 138180
j
.
(Do not use this Proof of Service to show service of a Summons and Complaint.) 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
I mailed from (city and state) On (date):0112212010 the following documents (spe
cifu):
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-Ci
vil (Documents Serted) (form POS-030(D))
I served the documents by enclosing
them in an envelope and (check one):
a i7-t b f__l
depositing ihe seaieci enveiope with the United Staies Posial Sei'vice'"vith the
postage fu!ly prepaid. placingtheenvelopeforcollectionandmailingfollowingourord
inarybusinesspractices. lamreadilyfamiliarwiththis h,,-i^^^-'!- ^.^^|ice for col
lecting and processing correspondence for mailing. On the same day that correspo
ndence is uu5r tEJ- ) Pt duLl
nrenorr fnr nnttoe{inn and mailing, it iS deposited in the ordinarv course of bu
sinesS with the United States POStal Service
rn
a sealed envelope with postage fully prepaid. The enveiope was addressed and mai
led as follows: Name of person served:H. M. WYSOCKI TRUST,
a
Nickol Gerritsma. TRUSTEE; Nicklas Hoflman
b.
Address of person served:
H. M. WYSOCK] TRUST 1614 Bradley street Visalia, CA93292
Nicklas Hoffman
1831 North Lime street
Porterville, California 93251
[-me
by
Fi
name and address of each person to whom | mailed the documents is listed in the
Attachment to Proof of Service 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 tha
t the foregoing is true and correc't.
Date:0112212010
A,rLu
3
RSON COMPLETING THIS FORM)
Form Approved for Oplional U3o Judicial Council ot Califomia POS-030 [Nw January
I, 20051
PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVIL
Codo of Crvrl P.o@dure. 5S 1013, 1013a
(Proof of Service)
w.coutlinlo.a.gov
LegalNet, Inc
USCourtFoms.@m
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
IÎYSOCKI IRREVOCABL H . 14 TRUST,
.
Pl ai
VS.
nti
ff,
NO, PCL 1 381 80
COURTNEY GILLESPIE.
Defendant
.
Portervi I 1e,
Cal
ifornia
REPORTER'S TRANSCRIPT
Harch 23, 2410
UNLAWFUL DETAINER PROCEEDINGS
Civil
APPEARANCES:
For the
Pl a'i
nti ff :
ANDRE GASTON, Attorney Law
at
For the Defendant:
PRO PER
Tulare County Superior Court
ANN CAVIN, csR #13189
1
Tuesday, March 23 , 2010
-o0oTHE C0URT: Wysocki
2
3
Trust versus
G-i
I I espi e
4
5
and
Castillo and Mason.
Mr. Hason filed an answer, but he has then
6 7
passed away?
I djed just I
10
11
GILLESPIE; He is deceased, yes. He a few days before the hearing. THE COURT: Oka
y. you have on1 y one wi tness?
DEFENDANT
MR. GASTON: Yes, Your Honor.
THE COURT:
0kay. Go ahead ,
HOFFT'IAN
p'l
.
ease.
12 13 14 15
Stand and rai se your ri ght hand, p'lease
NICKI.AS
Produced as a wi tness on behal f of
16 17
18
having been first duly sworn, testified as follows:
the
Plaintiff,
DIRECT EMMINATION
19
2A
21
BY },IR.
GASTON
:
22 23 24 25 26
0. pl ease state your name and spel] your last name for the record. A. My name i
s Ni ckl as Hoffman
H-O-F-F-M-A-N,
0.
Wysocki Trust?
Are you the owner
of the trustees H.I,l.
A.
Yes, I
am.
TuJare Countv Superior Court
1
2 3
property
0. Is that property owned by the is the at 1838 Ljme Street #A in Porterville, T
ulare A. 0. HS .
Yes, it is.
And
CASTI LLO
County, owned. the by trust?
4
5',
6 7
:
Excuse ile
,
p-l
ease
,
there are
I I
10
11
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
some
.
12 13
Gillespie was here. And unless your recorder can see
dead people, he wasn't
here.
He was deceased
at that
14
15 16 17 18 19
time. I
was the one
MS
that
was here.
THE COURT: Al
I
ri ght
Me1
.
.
CASTI LLO
:
ody
Ca
st'i I I o .
here: Court indicates to Plaintiff Nicklas Hoffman that a trustee can't
And
it
says
represent himself and the Court will continue the case 20 so the defendant could
hire an attorney. 21 You never did order us to hire an attorney. 22 THE COURT:
Okay. That was obviously 23 i ncorrect
.
24 25 26
l'ls
.
CASTI LLO
:
And then
THE COURT: Why does
that
matter?
MS. CASTILLO:
Well, I would like a correct
Tul
are Countv Superior Court
1
record.
THE COURT: Does any
2
3
of that
matter?
MS. CASTILL0:
I
don'
t
know.
I don't know i f
4
5 6 7
B
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't
it
matters or not
I
10
11
come with one. THE C0URT: The mi nute
orderi s obvi ousl y
i
n
12 13 14
15
present, and the i nd'icat'ing that the defendant coul d hi re an attorney was s
o that the Pl a'inti ff coul d take an attorney, lls. CASTI LL0: And we had a mo
ti on before the
error saying that
George Hason was
Court
16
17 18
that's never been responded to for judgment on the pleadings, and I'd ljke a rul
ing on that before we
proceed any further. And I'd like
because
19
to propose a motion before the Court at thi s ti me that thi s case be d-ismi ss
ed
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
THE COURT:
.
20
21
22 23 24 25 26
Honor.
HS
.
CASTI LLO
: I have 'i t ri ght
here
.
He ' s
1
had over a month
moti on
2 3 4
5
to it. THE C0URT: Your client did not submit the to
resPond
MR, GAST0N: Thi
to
you?
s i s the fi rst f 've heard there was a motjon for a judgment on the pleadings,
Your Honor.
THE C0URT: Al
6 7 8
I
ri ght , I ' m go'i ng
to take the
.
of j udgment for pl ead'ings under submi ss j on A1 I right. What was your secon
d motjon Yrou I 10 wanted to make? MS. CASTILL0: Moti on to di smi ss , because
11 12 there is two reasons. Essential parties of the case are missing and 13 14
the other one is the fact that the Unlawful Detainer 15 UD-100 is not a proper a
ction because -it's a land 16 contract that's never been disputed, and there was
no
moti on
17 18
rental contract
agreement on the pleadings.
The UD-100 is for rental of structures. 19 There was never any structure. There
is no rent
20
21
22 23 24 25 26
contract, there is no structure, it's bare land. There is no action for bare lan
d, and we were tenants in common, not landlord tenants. And, common tenancy come
s under djfferent rules, they don't come under the unlawful detainer action. Thj
s is an improper action.
THE COURT:
All right. I djdn't
understand
Tul
are
Countv Superior Court
1
2
3
4 5 6 7
I I
10
11
your argument that necessary parties are not involved. HS. CASTILLO: The propert
y's been deeded to Shawn Ray Enterpri ses . Wysock'i gave up i t ' s j nterest A
nd Nicklas Hoffman, he's not a trustee of record, he's not an owner of record. T
here 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's been ever di sputed before thi s
court . There -is no evi dence of any I andl ord -tenant rel ati onsh'i p THE C
0URT: Al I ri ght . I 'm goi ng to take that al I under subm'i ssi on
.
.
.
12
MS. CASTILLO:
I
have a copy
of the escrow
13 14
15 16
papers
that
tr-ial
.
the owners are THE COURT: We' re go'i ng to proceed wi th the I 'l I take that u
nder submi ssi on and rul e at the
show who
same time.
17 18
19
Go ahead
BY MR.
GASTON
:
,
p-lease
.
20
21
0. And the property at 1831 North Lime Street # A in Portervjlle, Tu'lare County
, is that owned
by the Wysockj Trust?
22 23 24
A. 0.
Yes, it is.
And August
of 2004, di d you enter
i nto
an agreement wi th Courtney Gi I I espi e and Me'lody 25 Castillo regarding this
property?
A.
26
No, we di d not
.
Tulare
County Superior Court
1
2 3 4
0. A.
agreement
.
Was
there an agreement? February of 2005, there was
an
0. 0kay. What was that agreement i n 5 February of 2OO5? A. It was an offer to
urchase, and there 6 7 was a note and whi ch was suppose to be fol I owed by I
ubdivision of the property to be done by the note I holder and then they would
ive us a trust deed to
that note and there was no money down. Payments were to be a mj ni mum of $600
er month. That's
secure
basi ca1-ly
p
s
g
p
10
11
12
13 14 15
16
did the defendants follow with the terms of that agreement?
And
0.
through
17
18 19
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:
,
20
21
22 23 24 25 26
the last time the defendants made any payment to you or the Wysocki Trust? A. Th
at woul d have been the fi rst week of 0ctober i n 2005. 0. What action did you
take after the
When was
0.
defendants stopped making any payments?

A. In January of 2006, I
Tul
gave them
their
are
1
2 3 4 5 6 7 8
wrote on it: "Vojd. No agreement.,, I told them that we were no longer intereste
d in pursu.ing their purchase offer and that they should at the same time r aske
d them to take some time so they could stay on the property for a while to look
for another pl ace and save up the-ir money so they can move. f'ls . CASTI LLO :
I obj ect . I rrel evant note back and
.
I
THE COURT: 0verrul ed. BY I'IR. GASTON:
I
10
11
12 13
14
15 16
17
1B
so you returned the notice, crossed out and out wrote "Void" on it? A. Yeah, I w
rote "Voi d', on i t Tol d them to take thei r t-ime , a few 0. months, then mov
e off. D'id they ever move off the property? A. No, they never di d. 0. Di d the
y ever pay you or make any further payments on the note or any further rental
.
0.
19
payments
after
Januany 2006? October 2005 was the
20
21
A. No.
rast time we
received anything from them. 22 0. Did you take any further action 23 regardr'ng
thei r occupancy of the premi ses? 24 A. No, I didn't take any action until
25 26
August
of 2009 when I noti fi ed them that we were interested the trustees of the trust
were interested
1
2
3
4
5 6 7
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
that
i
n
se1
1
-ing
conversati on?
A.
immediately
Wel
I , they
became hosti I e towards us
I
9
10
11
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 to cooperate and had no jntention of
leaving on 0ctober 22nd, T had mai I ed to them through the post offi ce a
12 13
notice to vacate by December 31st of 2009. 0. Did they vacate after you mailed
them
14 15
16 17
1B
that notice?
A. No, they dj d not 0. Djd you give them any further notices? A. Well, he objec
ted to vacating to the
.
19
20
21
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
22 23 24 25
26
called
upon and meet
for mediation.
that mediation with? That mediation was with the church we both attended at that
time, The agreement, made that with the elders of the church Kaweah.
Who was
0. A.
Tulare County
Superi
or
Court
1
0
medi
.
And what was
the resul t of that
2 3
ati
on?
A.
purchase
4
5
the
in jt's 6 interested in purchasing the property. 7 0. So what happened after tha
t? A. Also, they agreed to apply as per the 8 I origina1 agreement for the subdj
vision of the property
note
10
11
had the money to property. That they want to pay off the entirety because they w
ere stjll They said
that they
within seven days, which they did not, so they
defaulted on the mediation agreement.
12 13
0.
So what was
the
after thi s was a
mediation within the church
MS. CASTI LLO: Obj ecti on . There i s no
14 15
16
evidence
17
18
of any mediation before this court. THE COURT: He just testified to it. MS. CAST
ILL0: There wasn't one. We never
THE C0URT: You may d'i sagree
recei ved one
19
2A
21
, but there 'i s ev-idence of it because he testified to it. Your obj ect'ion j
s out of I i ne
.
22
23
0verrul ed. MS. CASTILLO: Okay.
BY HR. GASTON:
24 25
26
0. Is this a copy of what was the result of
medi
ati
on?
Tuj
are
1
2 3
A. Yes. A copy of thi s was mai I ed to me and suppose to have been mailed to th
em. 0. That is the copy of the original stamp
on it?
4
5
6
A.
si gnature
Yeah
.I
have a copy
of the ori gi nal
.
MR. GILLESPIE: With no signatures on
THE WITNESS: Wi th
it.
7
the church seal and the
I I
10
11
of the pres-idi ng el der. MR, GASTON: I need to show that to you.
12 13 14 15 16 17 18 19
Honor, I the Court
l'lR. GILLESPIE: Who i s that? MR. GASTON: I don't want that marked, Your want t
he copy marked. I just wanted to show
that there is
an
original.
MS. CASTI LLO: f ' ve never been presented wi th
that before.
signatures, Your THE COURT: Why i s thi s rel evant?
MR. GILLESPIE: No MR. GAST0N:
Honor.
It's just to show that there

had been an attempt to mediate and subsequent promise 20 made and promises weren
't followed through. 21 THE C0URT: Do you want to I ook at thi s , Fls .
22 23 24 25 26
Cast.il I o?
MS
.
CASTI LLO
:
Yes
,
p-l
ease
.
BY MR. GASTON:
after this attempt to mediate, what steps were presented that the tenants were g
o'ing to
So
Tul
0.
are
1
take?
2 3
4
5 6
7
A. They were goi ng to adhere to the medi at'ion . They made that apparent A. Bu
t what were the representations that they were going to do as a result of this m
ediation?
.
What had been agreed
to between you?
A, 0h, okay . That they woul d appl y for I subdivision of the property because
they stjll wanted I to purchase, 10 MR, GILLESPIE: It's in a trust. It can't
11
12
13 14 15 16
THE COURT: Si
r, don't i nterrupt
d
appl
hi m j
na
middle
of his testimony, please.
THE WITNESS: They woul
y for
the
17
18 19
of the property i n whi ch we woul d cooperate the trustees of the trust would c
ooperate with that when it was injtiated, and then they would purchase. They wer
e going to pay off the note in it's
subdi vi si on
20
21
entirety because the notes stipulate that we could i f -it was i n defaul t we c
oul d demand payment on the
ful
I
note on the ful
I
amount.
22
23
24 25
26
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?
Tu'l
are
ANN CAVIN, CSR #13189
1
A.
Yes, it is?
2 3
l4R. GILLESPIE: Who
js
shawn Ray Enterprises?
4
5 6 7
8
}4R.GAST0N:Ijustneedtoshowthattoyou' I need to give it to the Court. MS. CASTILL
0: 0h, I 'm sorry.
MR. GILLESPIE: today?
THE C0URT:
Is
Shawn Ray
Enterprises here
Are you submj
.
tti ng thi s as an
9
exhi bi t?
10
11
MR.
GAST0N
: Yes
12
13 14 15
16
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
.
17
18 19
THE C0URT: TheY' re what?
MS. CASTILL0: Unfounded
si
.
There's
no
gnature, noth-ing to veri fY i t
THE COURT: So you'
.
20
21
re obj ect'ion i s
based on
there being no foundation?
MS. CASTILL0: There
22
23
is
nothing
to verify
or
anyth-ing
to say that
those weren't j ust made up on a
24
computer today. THE COURT: So are you offeri ng these 25 26 j ust wanted them ma
rked?
or
you
Tul
are
1
MR.
GAST0N
: Just marked
.
2 3
THE COURT: And
your objection
is
premature.
MS. CASTILL0: 0kaY.
BY MR.
GASTON
:
4
5 6 7
B
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 ha
d not started the process for the
I
10
11
subdivision of the property and let me know that they were no way go'i ng to kee
p the medi at i on agreement '
THE C0URT: Who i
12 13 14 15
16 17
1B
s
he?
Gi 1 I
l'lR. Your Honor.
BY MR. GASTON:
HOFFMAN
:
Courtney
espi
e.
I 'm sorry,
at that point, did you g-ive them a three-day notice to quit?
And
0.
19
20
21
I did not g'ive them a three-day notjce to quit at that point. That was later on
. 0kay . So di d you at some po'i nt gi ve a. A.
No,
them a three-day notice
to quit?
22 23 24 25 26
A. Yes. They were served. 0. Is this a copy of the note attached to
the complaint?
A. 0.
Yes, it is. Did you serve that
to
them on
1
December 28th
,
2OO9?
2 3
A. 0.
premi ses?
Yes, it was. Are you seeking possession of the
Yes, we are.
Have
4
5
6 7
B
A. 0,
A.
the tenants vacate and remove al I
property?
their items from the
Yes.
I
10
11
0. Are you seeking any kind of monetary damages or j ust seeking possession of t
he property?
A.
premi ses
.
Real
1y, we just want possess-ion of the
12 13 14 15
's a1 1 , your Honor. THE COURT: All right. lvlr. Gillesp-ie, did you have any q
uestions for Mr. Hoffman?
MR.
GASTON
:
That
16 17
18 19
MR. GILLESPIE: yeah,

THE c0uRT:
the papers.
we need
No. Let me
to c1arify
this.
I'm trying to do th'is 'in an order'ry manner.
20
21
22 23 24 25 26
is not your opportunity to testify. you'll
ter on, but if you have any quest'ions for
elicit any relevant evidence, then you can
you may not testify right now. If you have
time to ask him.
This
Tul
are
have a full opportunity to testify ra

Mr , Hoffman that you want to ask to
do that, You may not argue with hjm.
questions for hjm. then th'is is the
1
Di
d you have any quest'ions for
hi
m?
2 3 4 5 6
7
B
MS. CASTILLO:
THE C0URT: THE COURT:
I
.
do
'
I'm not talking
NO. Ms
Mr- Gillespie?
MR. GILLESPIE: cross-exami ne?
Casti I I o, do you wi sh to
MS. CASTILLO: Yes.
CROSS- EXAMINATION
I
10
11
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.
12 13
14 15
16
0.
ri ght
now?
How many bui I d'i
ngs are on the property
17
1B
19
20
21
A. 0n the part you occupy or 0. Okay, the part we occupy. A. There are no perman
ent structures on that part of the property. 0. That wasn't my questi on.
How many
buildings are on there at this time?
22 23 24 25
26
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.
Tul
are
1
0.
yours, right?
So, okay, there are buildings on the
2
3
property and you just admitted that none
of them are
on
4
5
A.
the property.
Yeah, w have no permanent rentals
Yes.
6
7
B
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
0.
I not a question, it's
10
11
argument.
BY MS. CASTILLO:
0.
OkaY.
12 13
So when we moved there
or began occupat.ion of
bare land?
that part of the property,
was
it
14 15
16 17
'18
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 ejectment I don't want i t to be.
other questions?
time.
proceedi ngs.
19
2A
21
MS. CASTILL0:
THE COURT: Do you have any
MS. CASTILLO: No, l4R, GASTON : Not
Honor.
THE C0URT: Any
that's it at this
22 23
THE C0URT: Any redi
at
rect? thi s t'ime. No, Your
present?
24
25 26
further evidence to
MR.
GAST0N
:
No, Your Honor.
Tul
are County Superi or Court
1
THE C0URT:
Are you
submi
tti ng these .
2 3
exhi bi ts?
MR. GASTON: No.
THE C0URT:
4
5 6
Okay.
Al
I
ri ght ,
do.
l,lr
Gi I I
espi
e
,
did you want to offer any evjdence?
7
B
I THE C0URT: Al I r-ight .
MR. GILLESPIE: Yes,
Were you goi ng to
testi fy?
MR. GILLESPIE: Yes.
THE C0URT: Can you
I
10
11
stand and raise your
right hand, please, to
be sworn,
GILLESPIE,
12 13
COURTNEY
14
15 16
The Defendant, having been
first duly sworn,
testi f-ied as fol
I ows
:
MR. GILLESPIE: They
17
1B
19
20
21
22 23 24 25 26
to d'ivide the property. I It is so convoluted into trust. They told me that the
trust, trustee, or the person who had the property would have to divide th-is u
p. I told him I have $00,000 to pay for it, but he has to divjde. He has to get
the dlvis1on of the property. He's denied me this. f've sent him letters back to
second response that he needs to divide the property so that we can go through
with this land contract, and he's denied me of that.
Tul
talked about that I had cannot divide the property.
are
1
2 3
4 5 6 7
8 9
For six years, I've paid the power on the property. Paid his power on the proper
ty. The power meter comes i nto my property and -it's been i n my name or my fat
her's name, and he refuses to divide the
property.
THE COURT:
"He," is Mr. Hoffman? MR. GILLESPIE: l,|r. Hoffman.
MS
.
CASTI LLO
: 0r anyone f rom Wysock'i Trust
Castillo, he's testjfying
.
.
THE COURT: Ms.
10
11
ri ght
now.
MS. CASTI LLO: f 'm sorry
THE COURT: You'l
12 13
I
have a ful
I
opportuni
ty to
testi fy.
MR. GILLESPIE: We have asked him
14
15 16
at that
He ' s
ti
me
to at I east pay hal f of the power b'i I I .
.
refused -it
17
18
When we had
talked to the attorney outside,
we said we can come to an agreement here if he wants to 19 pay half of his elect
ricity and pay me $10,000 for 20 -improvements, we can revolve this prob-lem. An
d they
21
would not resolve.
22 23
I don't wish to be there. I don't wish to be
under the humiliation that he's put me through these 24 last sjx years. 25 f t's
I i ke the ma'il box. We had the mai I box i n 26 f ront of our house. l,rlhen
thi s started, he pu1 1ed the
Tul
are
1
2 3
4
5
it and moved it down 300 feet. It's already been filed in with the postmaster. W
hen the Court tried to send us mail, the mail was gone. So I'd have to come to c
ourt and find
majlbox out and jerked
out what was go'ing on here.
The
6 7
B
rest of it is in the motions. Your Honor.
That's
THE COURT: Anyth'i ng el se?
MR. GILLESPIE:
it.
to
cross-examine?
I
10
11
THE COURT: Do you
wish
CROSS- EXAMINATION
12 13 14 15
BY MR. GASTON:
0.
A
Did you receive the note back from
Mr. Hoffman with the "void" back
in late
2AO5?
.
16
17 18 19
20
21
22 23 24 25
26
. Yeah , wj th my checks stapl ed to 'it So you d1d recei ve i t? 0. A. Yes. He
told me "no. " He says the contract, you can't do it. He says because of the con
tract 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 have
n't made my payments since October of 2005? A. I pa'id his $1 ,000 a month elect
ric bill a. And you occupy the premises? A. Yes.
Tul
.
are
1
2 3 4
5
0. A.
there,
You have
trailers on the premises? I have bu-il di ngs. I have sheds that are
MS. CASTILL0:
I object to that.
That's
6 7 8
'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-day notice. And that's slander and libel. Whatever pos
ition we're in js because of his refusal to
THE COURT: BY MR. GASTON:
I
10
11
Objections overruled.
0.
And you have el ectri ci
ty
hooked up
to
12
13 14
15 16 17
1B
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'ity al so? A.
Yes, I do. And the agreement js he -is
to pay half.
19
0.
effect?
Do you have a wri
tten
agreement
to that
20
21
22
A. Wel I , woul d you pay somebody's electricity for six years?
THE COURT:
23 24 25
26
Just answer the question,
p'lease.
THE WITNESS: No.
MR. GASTON: No
THE C0URT:
Ms
further questjons.
1
. Casti
-lo
,
d
j
d you have any
Tul
are
1
questions
for Mr. Gillespie?
2 3 4 5 6
7
BY MS. CASTILLO:
0. Okay. By el ectri c bei ng hooked up to travel trailers or sheds, did you mea
n that they're you know, what I mean is hooked up to the utilities
that they' re connected d'irectl
y?
.
A. No. They can be unpl ugged B 0. So there 'isn't a code v'iol ati on? A. No. T
hey can be unpl ugged I 10 0. And when Nj chol as had you s'ign th'is 11 contrac
t, did he at any time tell you that he could 12 revoke it at at any time or by s
ome alleged group
.
oh
13
wait.
14
15
Djd he
tell
you
it I
could be revoked at
was
any
ti
me?
16
17 18 19
A. No. it
on the contract.
He said
trustee, which states
20
21
0. Read that there. A. Private transfer of property rights within trust except o
f first payment verifies this transfer of property rights to Courtney Gillespie
as
followed describes the property of one half permitted acti v'ity per County of T
ul are wi th obl i gati ons j ncurred thereby Tulare County jn the APN number pr
operty approximately described ten acres 120 south feet do, d?, da.
22
23 24 25 26
Tul
are
1
Payments
shall be paid of
$600 a month, seven
2
3
4
5 6 7
B
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, I don't want on do bus j ness
w-ith you anymore, get off of the property?" A. 0r God tells him that
I
10
11
0. No. A. or that he doesn't want to. 0. Don't whatever God saYS might
hearsay. What you bel i eved yourse'lf
.
12
13 14
15 16
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 to
17
18 19
split this, figure out the dlmensions, and spf it this
thing 50/50.
20
21
at that time he says that the county takes so much of the road up front, so I wo
uld have to allot him for what the county is taking him on the
Wel
I,
22
23
road,
0.
di
And how much
He wanted 30
of the frontage property
24
25
d he want?
A
26
feet of my frontage. The contract says half. It's not half of three or half of
Tul
.
are
1
2 3
two. It's half of ten acres. 0. What about the draw'ing up of the property? Did
the county oh, one question.
that
What happened when you took the divjsions he wanted to make through the county?
A
4
5
6
7
B
. They sai d , flo way we coul d that . you'l I have to do 'it straight down the
mjddle. county refused
me
on the divisions.
I
10
11
0.
down
And di d
Ni
ckl as agreed wi th
sp1 i
tt-ing j t
the
mi
ddl e?
12
A. 0.
A
No, he did
And i s
That
not.
He wanted
it his way. ',
that
when he decj ded he no 1 onger
"Nope. He says
13
14 15
wanted you there?
.
's when he sai d,
contract ended.
16 17
1B
19
20
21
22 23 24 25 26
0. Did you provide did you put the plumbing in on that property? A. I did ail th
e plumbing. I djd alt the electrical. I did all the trenching. What about I evel
-ing? a. 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 dirt
to build his
house.
How many bui I di
0.
there?
ngs di d you he.lp bui I d
Tul
are
1
2
3
4 5
6
a'long was hi s house when he decjded he no longer wanted you there? A. He had j
ust finished it. 0. How much of the fenci ng have You provided for that property
?
And
how
A. 0,
Two.
at what
far
7
B
ve rol I s of sheep wi re. There are probab'ly 200 feet i n each rol I , p1 us t
wo rol I s of
A.
Al
Fj
I
10
11
Barbwi
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 re.
posts.
12 13
0.
you done?
How much
of developing of the land have
14
15 16 17 18 19
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
el ectri
underground service.
What i s your qua'li f i cati ons
0. A. 0.
for
doi ng
20
21
cal and pl umb'ing?
I 'm a stati onary eng-ineer Whi ch does what? What does i t take
.
22 23 24 25 26
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
Tul
are
County Superi
or
Court
1
qual i fy
to do plumbing
2
3
4
5 6 7
B
A. 0. A. 0.
you
now? A
and electrical? Through mY trade of 30 Years.
And You have
.
be
jf
Certi fi cati ons So about how much monetary I oss woul d you just walked away f
rom the property right
I
10
11
. Probabl Y about $30,000. 0. Is that including the electrical? A. Wel I , el ec
tr-ical probabl y runs i nto
for
the
.
about $25,000 and you figure another 10-15
i mprovements 0
12 13
14
15 16 17
1B
d you have done thi s i f you bel i eve you were renting and it was a unilateral
agreement?
.
Woul
Could
bel i eve
you
never mind.
Would you have done these improvements
if
you
that you were noth'ing but a renter?
19
: Obj ecti on , THE COURT: 0verrul ed .
MR.
GASTON
'l
eadi ng .
Can you answer that
20
21
questi on?
THE !'JITNESS: Yeah We di
.
22 23
d a contract , we s'igned THE C0URT: The questi on j s woul d you have
THE WITNESS:
NO.
24
25
done
that if you believed you were a renter?
:
26
BY I'IS. CASTI LLO
Tul
are
1
2 3 4
5
d you bel i eve that you were si gn'i ng a unilateral contract that could be dis
carded by one side
0
.
Di
at will?
D'id you f u1 1 y bel i eve that when the contract said that once you made a pay
ment that the private transfer of property rights would be
A. 0.
No,
I did not.
6 7 8
transferred to you as a trustee?
I
10
11
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 g
ned i t
0.Whenyouattemptedtogetinformationon the trust after you were a trustee, what ha
ppened? A. He got he didn't want to go into the trust and trustee. And fina1ly,
you know, with all of
12
13 14 15 16
17
1B
19
20
21
the PI work and research work, w finally located it to where everything js at. Ye
ah, 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. A. 0.
So do you
feel that
Nj
ckl as was bei ng
22
23 24 25 26
what's the term? Gave you full disclosure upon the contract when you made the ag
reement with them?
of todaY, flo. did you send not'ices Did you try to to the only trustee that we
could find of record to
As
ANN CAVIN, csR #13189 Tul are County Superior Court
1
request?
2
3
4
5 6 7
B
Garjshma. Garishma Trust, yeah, with the address that's on the title company and
they refused service.
A.
0.
Ri
ght
here?
I
10
11
Are you saying that the title of the property is not in Wysocki Trust? THE WITNE
SS: No, it's Garishma, Garishma Trust. MS. CASTILLO: No, not Garishma. Here's th
e example and I have one for you too. Let's see if I can
THE COURT:
12 13
f.ind
it.
THE COURT: Have you seen
thi
s?
14 15 16 17
1B
MR. GASTON: No.
. I got one f or you This was what the electrjc bill usually run.
f'ls CASTI LLO
.
:
Here
.
BY MS. CASTILLO:
0.
Do you remember what
the interest
19
payments were on
the property?
20
21
22
23 24
25 26
A. Seven percent. 0. No, what the average A. 0h, the average? No, I do not. 0. 0
kay. Do you remember what hj s average bill is?
The average electricity bill? A. Average el ectr-ici ty bi I I
$1
w-i
I
I
run
between $600 and
200 a month.
1
A.
be?
And which
his half of his share would
2
3
4
5
A. Hal f. 0. I know. 0f 600, 700, is what? A. Yeah.
THE COURT: Thi
6 7
8
s i s j ust a copy of the Court
,
m'inute order. MS. CASTI LLO : 0h , okay
THE WITNESS: We di
I
10
11
d put i n a separate
service meter
in
December.
BY I4S. CASTI LLO:
12 13
0. A.
that
that?
i n.
And what
was js that something that
at the church to
put
had been di scussed
at the church?
14
15 16 17 18 19
That was discussed

And what was
0. A.
0
Mr. Hoffman's response to
He came over and
try to run my
contractors off.
20
21
22 23
, And then what di d he do? What di d you have to do to stop him from A. Well, h
e 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 told him to go home. He was trespassing. Then he called
the code enforcement out and the code enforcement
ANN CAVIN,
24 25 26
csR #13189
1
2 3 4
5
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
I
ooked
,
6 7
B
to comply with what you understood had been agreed upon at the church? A. I 'm s
t'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 with
these agreement.
I
10
11
0.
out of it?
What was your understanding
of
when
all
of us talked and you felt that there may have been
agreement between you and N-ichol as . What di d you get
12 13 14 15
16
that he needed to pay half the electricity and that he needed to do the parcel s
plit so he can get his $60,000 and everybody
woul
A.
They al I three agreed
17
1B
d be happy.
0.
agreement?
And what
did they say about the
19
20
21
A.
much
You know,
I don't thjnk
they ever said
about the agreement because when he left, he 22 stayed there and they al1 confir
med together. So I 23 don't know what they 24 0. After you left?
25 26
A. Yeah.
They confi rmed
after
we I eft
it really wasn't a mediation hearing, jt
Tul
.
of
So a
was more
are
1
hang jury.
2 3 4 5 6
7
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?
mean
A. Yeah. None of it was true. 0. Well, I wouldn't say that. I
WAS
SOME
there
I I
10
11
THE C0URT:
MS
Is that a quest-ion?
.
.
CASTI
LLO: I 'm sorry
BY MS. CASTILLO:
12 13 14 15
questi on .
Don't say none of it was true. MR. GASTON: Obj ecti on, your Honor THE C0URT: Su
sta-i ned . That ' s not a You ' re ask'i ng hi m a quest'ion?
0. 0kay.
.
16
17 18 19
2A
21
MS. CASTILL0: That was nonresponsive, I'm
sorry.
BY MS. CASTILLO: 0
.
Okay.
When
you I ooked
at what he handed
upon
you
right
now, does
it
look like what was agreed
at the church?
yeah, the hal f owner subdivision. The subdivisjon they told me no way they're g
oing to subdivide it that way. 0. Well, the county probably would have to tell n
ever mjnd. I'm not going to say it. I
Hal
22
A.
f owner
23 24 25 26
had
Tul are County Superior Court
31
1
wi
thdraw that one.
A.
2
3
4
5
you the calculated balance this know, th'i s here ('indicating) and demand for p
ayment 15 days, thi s was never agreed to. Okay. That part was never discussed?
0.
Yeah
6 7
A.
No.
0.
document?
So di d you w-itness anyone si gni ng that
I I
10
11
12
A. Nope. A. Now, are you famj I i ar wi th A. I know these guys. Yeah, because I
go to church with them. Fred Bator, I've known him for 15
years.
13 14
15 16 17 18 19
d that I ook 1lke hi s si gnature? Fred's very proud of his signature and he wou
ld have put his signature on there. These other two, maybe 0. So, do you believe
that that's not a
0
Di
. A.
20
21
of an authent-ic document? Those men could have submi tted to you to hel p you a
nd N-ickl as resol ve
copy
your
would say the 23 three wise men of Church Kaweah, they would have put 24 thei r
signature on it.
25 26
22
A. If
they were the
men I
MR. GASTON: Obj ecti on , specul ati on. THE COURT: Sustai ned
,
1
BY MS. CASTILLO:
2
3
0.Doyoubelieveyouhavedoneeverything
you could
Ni
to resolve the differences
between you and
4 5
ckl as?
there's ways few ways that 6 we can go. Two or three ways that we can go ' He ca
n parce'l sp'l i t i t , get hi s money, get 7 his $60,000 that we agreed to, ho
nor the contract that B I he signed or he can pay me for the half the power that
10 he's used along with what I put into the property. You know, this can be don
e with. We don't sit here and 11
A.
You know
12 13
have
to fight.
14
15 16 17
1B
sent out the notices requesting who the board of trustees were and to MR. GAST0N
: Does the Court want to try to
When we
0.
19
this thing to try to get this resolved? I mean, I don't know if it can happen. T
HE C0URT: Yeah , not at thr's t'ime MR. GILLESPIE: I'm willing to resolve this,
mediate
,
20
21
Your Honor.
THE COURT: What
are you proposi ng?
22
23 24 25 26
either honor his contract, 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?
MR. GILLESPIE: He can
Tul
are
County Super-ior Court
1
THE WITNESS:
2 3 4
5
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 fo
r him?
It
6
7 8
BY HS. CASTILLO:
0
.
When we
attempted the
I
etters,
we sent
how many
I
10
11
letters did we send to the trustee? A. We sent two of them. 0. And what happened
three days after we
second letter?
sent
this
12 13
14
15 16 17 18 19
A. We got retal i ati on. 0. Whi ch was? A. Thi s here. Was thi s here, ask'ing
for the 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
20
21
further
cross?
l4R.
GASTON
:
No
, Your Honor
22
23
THE COURT: Al
I
r.ight
,
di d you have any other
ev'idence you wanted
to present Mr. Gj I I espi e?
the request
'l
THE COURT:
We1
24 25 26
MS. CASTILL0: Other than
,
you ' 1
t
have the
full
opportunity to present any evidence. I'm asking
1
j
f
Mr
.
Gi I I
esp-ie have any?
2 3 4 5
6
MR. GILLESPIE: No, Your Honor.
THE COURT: Al
I
ri ght .
Pls
.
Cast j I I o, do you
have anything else you want
MS
to
present?
do
.
.
CASTI
LL0:
Yes
,I
7
8
I
10
11
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:
.
THE COURT: Stand and

raise your right
hand.
12 13
]'IELODY CASTILLO,
The Defendant, having been
fjrst duly sworn,
14
15 16 17
1B
testified as follows:
THE COURT:
0kay. Go ahead, pl ease,
MS. CASTILLO: 0kay. Number one, r didn't want to even enter an agreement with Mr
. Hoffman, but I went with my
into
19
20
21
22 23 24 25 26
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 understanding that onc
e the money had passed that the contract couldn't be obliterated without a prope
r lawsuit for some kjnd of breach. We continued, try to pay, but he tore up our
checks. we had no because he lives at the same property and receives mail at the
same
husband's Tulare County Super-ior Court
1
address, we couldn't send
it certified
returned
2
3
4
5 6
7
receipt, so we continued to pay the electricity because 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
pay as soon as we coul d I get these i ssues resol ved, but he wasn't di vi d'in
g the 10 property.
8
j ch we fu1
'l
y
i ntended
to
11
12
to di vi de the property was to have all the frontage road except for a very sma
ll part
How he wanted
13 14
15 16
where we can have our entrance
at, the county would not
go
for that.
He refused
17
18 19
20
21
to resolve and have it divided the way the county would agree to. It's basically
up to the county on how that this be done. They're not going to go with just an
y type of property sp1it, so that was beyond our w-ithout hi s cooperati on, tha
t's beyond our abil ity.
To say that we're not complying with the 22 contract because we d'idn't do that,
he cannot benefit 23 from hi s own harm.
24 25 26
l4R.
GAST0N
:
Obj
ecti
on
argumentati
ve. It 's not test-imony.
, your Honor . It ' s
THE C0URT:
Objectjon sustained.
1
2 3
4
5
fu11y berieved at the time he handed it to us, that's why the only resolving we
could do at that t'ime without total 1y not paying him so that he could call us
derelict is to pay the el ectri c'ity because he refused to accept any other
payment.
MS. CASTILLO:
This
is what I
6 7 8
I
10
11
fu11y believe that that was the way to keep him from being harmed and for us to
remain jn active part'ici pati on unti I we coul d get i t resol ved He let this
go on for fjve years wjthout a
.
I
12 13
There was no modjfication to the agreement. we had until 2012 to come up wi th $
60 , 000 , and he was a'l ready recei v-ing
i
compl ai
nt
.
There was no comp'lai nt
.
14 15
16 17
1B
nterest
.
far as him accelerating the payment in December, there was no agreement to accel
erate the payment and we were still in limbo as far as getting
As
19
20
21
22 23 24 25 26
anything 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 ag
reed at $60, 000 . And we bel .ieve that I believe that he put us'in that sjtuat
ion so he could bring us to this point because he wanted to increase hjs profits
from the property. Now, he sord our water shares and he kept the
proceeds. He sold the $60,000 interest in the property
1
2
3
in the ten acres and he kept the proceeds from that, That's all the documentatio
n that you have there.
As tenants i n common, w were suppose to sp-l 'it the proceeds and so therefore t
hat shoul d go agaj nst whatever he cl ai ms that we owed ' We' re sti I l not s
ure 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
We
4
5 6
7
I I anything about the trust.
10
11
tried to find
meeting
12 13
14
15 16 17 18 19
records, anything we could find, Nothjng, So the only thing we could come up wit
h 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 tha
t the fact that he has refused to work things out with us and has filed this law
suit slandering our interest in the property, I beljeve is evidence of the fact
that that's what he intended to djd was swjndle us. He has suffered no damage fr
om having us there.
.
20
21
MR.
GAST0N
:
Obj
ect'ion
,
argument j ve
.
THE C0URT:
You're argui ng, yeah.
22 23 24 25 26
Now, do you have any other evjdence to present?
0kay. You got thi s , ri ght? And I have the letters that we sent. THE C0URT: We
ll, are you offering these into
MS, CASTILLO:
Tulare County Superi or Court
1
evi dence?
2
3
4 5 6
7
. We have the ori gi nal Okay, here's our first letter and here's our second I e
tter, and I have
|v|S, CASTILL0: Yes
.
about the copi es of the recorded documents that you submitted.
THE C0URT: I 'm ta1 k'i ng
MS. CASTI LLO : Yes .
THE COURT:
I I
10
11
Are you offeri ng those 'i nto
evi dence?
MS. CASTILLO: Yes.
12
13 14 15
16 17
1B
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 to that. MS. CASTILLO: That shows whe
re the documents came from. That wasn't just
THE C0URT: Any obj THE COURT: As
to the recorded
documents.
19
it's still with those. MR. GAST0N : No obj ecti on to the recorded
documents, Your Honor.
THE COURT: Al
20
21
I
rj ght . Let
me
mark. I 've
22
23
24
25 26
got a deed of trust recorded January 11th, 2006. MR. HOFFMAN: That was the secon
d mortgage on the property. THE C0URT: From Nickol Gerritsma as trustor
and New Parad'igm Hol di ng Company as
trustee.
And then
Tul
are
1
2 3
4
5
there's a grant deed recorded May 17th, 2A04 from Anne Mjnter, trustee, grants t
o 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.
6
7
8
I
10
11
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.
"
12 13
i
(Defense Exhibit B marked denti
for
fi catj on . )
Do you obj
14 15
16 17 18 19
ect the
Ch'icago Ti
tl e Company
.
-informati on?
l'lR.
assessors record.
GASTON
: It ' s hearsay. No foundati on
MS. CASTILL0: That's
straight from the tax

that the second document i s . That's a pub]i c
THE C0URT: There i
20
21
s a I etter from Courtney
undated.
22 23 24 25 26
Gillespie to Nickol Gerritsma
MS. CASTILLO: No,
it's dated. It's up above. THE COURT: Thank you . Dated January 4th
,
2010
.
MS. CASTI LLO : And here' s
Tul
are
1
THE C0URT:
Are you offeri ng that?
2
MS, CASTILLO:
Just to show that they never
.
3
responded
4
5 6
7 8
to our request for i nformat'ion MR. GI LLESPIE : She' s a trustee
THE COURT: So you ' re
w'i
th her
address. Never responded. offeri ng that as an
exhi bi t?
MS. CASTILLO: Yes
THE C0URT: And
.
I
10
11
is thjs suppose to be taped
'
to it?
MS. CASTILL0: Yeah , that
s the
that
shows
12
and this is the 13 was recejved, the other one was rejected.
that it
was sent
in receipt
letter that
14 15
THE COURT:
Just a moment. Let
me show him
thi s fi rst.
16
17
1B
CASTILLO: Uh- THE C0URT: Just a moment , Any objection this this?
MS. MR. GASTON: No.
THE COURT: Al
pl ease.
19
20
21
22
I ri ght . Let me have that marked as Defendants "C, " and then you had somethin
g e'lse you wanted to submi t?
(Defense Exhibit C marked for
i denti
23 24 25 26
fi cati on . )
Tul
are
MS. CASTILLO: Yes.

2 3
BY MS. CASTILLO:
4
5
6 7 8
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 .
second one,
The
this
was
to Wysocki Trust.
thi
s?
THE COURT: Have you seen
I
10
11
Ariy obj ecti on
THE COURT:
to that
bei ng recei ved?
MR. GAST0N: No.
We'll
mark
this
Defendant's next
12 13
in order.
(Defense Exhibit D marked for
i dent'if i
14
15
cati on . )
Di
16
17
1B
d you have any other evi dence ,
lls
.
Casti I I o?
19
20
21
like for the Court to take mandatory judicial notice of the entire record or
MS. CASTILL0:
I
would
the case.
THE C0URT:
22 23
Are you ta1 ki ng about the Court
.
file?
LLO: The Court fi I e THE C0URT: Is there something specifical1y you want me to
cons'ider i n the Court fi I e?
MS
24 25 26
.
CASTI
I have al I of the the motjons. 2 exhibjts attached to the Court filing 3 Almost
all of them have been put forth here. THE COURT: I ' I I take j ud'ici al noti
ce of the 4 5 file. 6 Any other ev-idence you want to present? 7 MS. CASTILLO: N
o, that's it. 8 THE COURT: Al I ri ght . Dj d you have any I cross exami nat'ion
for her?
1
MS. CASTILLO: Yes .
10
11
MR. GAST0N: Yes .
12
13
I'm going to stand the objection as to Defendants nA' as no foundation. "B," 'rC
n and 'D" are received into evidence.
THE C0URT:
CROSS- EXAMINATION
14 15
16
BY MR. GASTON:
17
18
Did you receive this notjce to vacate October 21st in the mail? Do you recall re
ceiving that?
0.
19
2A
21
A. a.
to
present?
No.
No
further questions.
THE C0URT:
All right, I
any rebuttat evidence
22
23 24 25 26
MR. GAST0N: Yes . We cal
THE C0URT: Al
I
Mr
.
Hoffman
.
ri ght
.
REBUTTAL
Ht
Tul
are
43
1
BY MR. GASTON:
2
3
0. A. mother who is
You heard thei r questioning your
4 5 6 7 8
validity as a trustee. Can You respond to that and exp-l ai n to the Court who N
i ckol is?
Ni
ckol
Hoffman, H.M. Wysock'i
is
my
deceased.
I
10
11
Nickol Gerritsma is my daughter who is the trustee that js named on the grant de
ed 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
12 13 14
trust deed? 0. A. Yes. I'm a fam'i1Y trustee. MS. CASTILLO: Can I redirect on th
at?
THE C0URT: He ' s BY MR. GASTON: 0
l'lay 2004 . And are you also under the
15
16 17
1B
not
f -i ni shed Yet
.
19
You've heard the testi mony of the tenants regarding obligations to cooperate wi
th dividing the property; do you have a response to that?
.
20
21
A. Yes. The original
money
agreement was
for
no
22
23 24
25
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
We woul
was even made.
26
d have cooperated fu'l 1y had they kept
County Super-ior Court
Tul
are
1
the original agreement as per the note.
So i t was your agreement that they woul d take the actions and you would cooper
ate with them? A. Yes. It would be done at their expense.
2 3 4 5
6
0.
Correct,
7 8
0. There is testimony from the tenants that you failed to cooperate, that you di
dn't cooperate with them. They couldn't get the they couldn't get
anything djvjded.
I
10
11
12 13
14
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
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 ab
out exactl y how the property was to be spl-it At that ti me I gave Mr. Gi I l e
sp-ie a check for the full amount that he had paid for the eight months
i
.
15
16 17
1B
19
20
21
22 23 24
25 26
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 all of the pay
ments. It was at that time that he said he wanted to go to the mediation that we
agreed upon and I
$0OO
at
and
told
Tul
are
1
2
3
told hjm to go ahead and arrange'it, that I would abide by whatever the result w
as. They agreed upon
medi
4
5 6
7 8
ted three months, they never heard anything from them, never recejved any paymen
t. It
wai
at'ion .
I
was
at that ti me that we deci ded they were no -longer interested in the property,
that's when we returned note "void" on'it's face and told them we were no
the
I
10
11
12 13 14 15 16 17 18
longer interested in pursuing any other purchase offers and told them to take so
me 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 left
off jn January of 2006. I we started until we asked them this year to move off o
f the
We
haven't heard anythi ng unti
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 o
r negotiate into agreements
since then. t'ls. CASTILL0: l{ay I redi rect? THE COURT: He's not done yet
.
19
20
21
22 23
BY MR.
GASTON
:
0
.
24
25
water share.
There i s some testi mony about se'l 1 i ng Do you have any idea about that?
The water company was
26
too expensi ve. We weren't usi ng the water, so at the trustee meet'ing we
Tul
A.
are
1
decided
to sell the shares to another
person who needed
2 3 4 5 6 7
B
I
10
11
the water from the water company as the water was not -in pl ace even useabl e a
nd i nf rastructure was not even or kept up. So i t was j ust cost"ing us the pr
operty 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 testifying about the when I came over to in
spect the work on the that they were doi ng, but then I have noth'ing
el se.
12
A.
exami ne?
13 14
15
Nothing further, Your Honor. THE C0URT: Ms . Casti I I o, you wanted to cross
MS. CASTI LLO: Yes
.
16
17 18 19
BY MS. CASTILLO:
0.
that?
Thi
s board of trustees,
who was al I on
20
21
22
Myself and my daughter on that. 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 b
oard, but you never
di scl osed th'i s? MR.
GASTON
A. 0.
23 24 25 26
:
Obj
ecti on , argumentati ve.
BY MS. CASTILLO:
0. 0kay.
Did you ever disclose to Courtney
1
when you s'igned
2 3 4
5
the agreement and pai d you that at any time you could shut him out of the board
of trustees?
A. 0.
agreements?
No.
Did you disclose the
No,
trust
by'laws and
6 7
B
body
of
I
10
11
But yet he was suppose to be part of the trustees? A. No, he was not
.
A. 0. 0.
Any agreement he was board
of the
trustees?
12 13 14 15 16 17
1B
A. No. He sa'id he accepted the posi ti on.
around, he had already defaulted and there was no way we were going to accept hi
m as a trustee. 0. So you scheduled your meetings when it's
came
By the next
trustee meeting
conveni ent?
19
2A 21
A. No, our year'ly meeti ng i s on the second Saturday or third Saturday of Janu
ary of every year, 0. Did you ever djsclose this to
Mr. 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 sha
res of the property without discussing it with other tenants on the property?
22 23 24 25 26
1
2
3
4
5 6
A. 0f course. 0. Wi thout A. PropertY owner. 0. What about Shawn Ray Enterpri se
s? Who
i
s that?
A.
Who i
s
Shawn Ray Enterpri
se? What are
the
scope
7
8
you referring to?
MR. GASTON: Obj ecti on . Beyond
I
10
11
of
MS
. CASTI LLO :
Shawn Ray Enterpri
ses -i s
a
12 13
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:
14
15 16 17
1B
a. Okay. What date djd you sell
shares?
the water
19
20
21
22
23
A. I don't remember. I don't remember what date we sold the water shares. I'm su
re it was several it was at least a year after Courtney Gillespie default on his
note and sale of purchase agreement. Speak'ing of whi ch you sai d somethi ng 0
.
some
about negoti at'i ng a new agreement and you had sent 24 kind of document, djd y
ou bring that with you? 25 A. f'm sorry, I don't understand the
26
questi on .
ANN CAVIN, csR #13189 Tul are County Super-ior Court
1
2
3
testified earlier about some document that you gave Courtney to make new
You
arrangement0.
4
5
- iv'ing arrangement. A. No, I returned the note and I
1
gave him
6
7
I I
10
11
tol d hi m that 'informati on that we were no l onger interested. I don't have a
letter or a note that I attached to that. 0. And you said five years of silence
. How far away do you I i ve from the Gi I I espi e' s?
I
A. 0.
Gillespie's?
Pardon?
How f
ar away do you I-i ve f rom the
12 13
14
15
16 17
18 19
A. Well, probably about a hundred feet. And how of ten were you com'ing over 0.
before al I of thi s started? A. I have no idea. How about dai y? 0. A. I don't
understand the question or the
1
rel evance.
20
21
0.
commun'icati
You claimed
that there
was no
e'
on between you and the
Gi I I espi
s that
22 23 24 25
26
there was silence for five
years 4 years.
across
A.
the face of
whatsoever.
There was no communication on the matter There was no communication on that
of the returned note with "void" and "canceled"
it.
1
0.
If
you were cancel'li ng the contract
.
2
3 4 5
6
p1
: Obj ecti on . Argumentati ve THE COURT: Wel I , I di dn't hear the questi on
MR. GAST0N MS. CASTILL0: Pardon
ease.
me?
.
THE C0URT: Go ahead and BY I,IS. CASTI LLO :
ask your question,
7 8
I
10
11
believe your duties are you're trying to amend the contract and jt's clear Gi I
I espi e doesn't want to. MR. GAST0N : Obj ectj on . That ' s a I ack of
What do you foundat'i on
.
0.
when
Mr.
12 13
THE WITNESS:
I don't understand the
,
14
15 16 17 18 19
questi on
.
THE C0URT:
I don't understand the quest'ion
that
MS. CASTI LLO: He' s cl ai mi ng when he stated there was silence and nobody eve
r tried to
20
21
22 23 24 25 26
renegotiate a contract. Our stance is, there was a contract. Why should we negot
iate a new one? I want to know why he bel j eved there was silence and no commun
ication between the two of them over negot-iati on of a new agreement when he wa
s over daily on a daily basis, had barbecues at our house. THE C0URT: Di d you h
ave any dj scussj on regarding modification of an agreement?
ANN CAVIN, csR #13189 Tul are County Superior Court
1
THE I^JITNESS: No
2 3
THE C0URT: 0kay.
4
5 6 7 8
t'ls. CASTILLO: Mr. Gillespie would bel'ieve that THE C0URT: He' s testi fyi ng
.
you
BY MS. CASTILLO:
felt that there should have been a renegotiation, who do you believe duties it w
as when 0.
you
you were the one who was
If
I
10
11
trying to
change the contract?
12 13 14 15 16 17
18
to facts not in evi dence. "Tryi ng to change the contract . " Hi s testimony wa
s that he returned it as being void. THE COURT: I think the question is ambjguou
s. He's already testified that. Di d you make any attempt to modi fy any
HR. GAST0N: Objection as
agreement?
THE WITNESS:
No, si r
.
THE COURT: Di d anybody make
THE WITNESS:
any attempts?
19
2A
21
No, si r.
Okay. So there is no attempt made. That ' s hi s testi mony.
THE COURT:
22 23 24 25 26
BY MS. CASTILLO:
are you basi ng your bel lef on that you, by yourself, can change a contract tha
t's been jn effect for a year and it's for sjx years or
0.
Then what
seven years?
3
4 5 6 7
B
to change anything. But you're saying there is no contract? There is a default o
f agreement. There is a default of sale agreement. 0. Default? A. Defaulted acco
rding to the results the note is defaulted upon. Payments were ceased jn October
of 2005. No payment has been made since. I
A. 0. A.
There was no attempt
I
10
11
12 13
14
15
16
17 18 19
returned 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 n
ew agreement since then, That's my testimony. I can only say it so many ways. TH
E 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 I
20
21
can say
lt?
BY MS. CASTILLO:
22 23 24 25 26
But how often was Nicklas over to the house whether he was wanted or not wanted?
0.
or Sundays when we had barbecues. He lives a hundred feet away. THE C0URT: Did d
jd you have any argument as
Everyday on Saturdays
Tul
A.
are

County Superi
or
Court
1
how
I
shoul
d deci de the ev-idence, Mr.
Gi I I espi e?
2 3 4 5 6
7
MR. GILLESPIE:
It's like I stated before.
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 po
wer and what I've put into the property and we'll leave. But he's accepted a yea
rs of payments.
I'm
wi 1'l i
I I
10
11
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
Now,
money
on the
contract.
And that as a
trustee, that's
a
breach
of the contract.
THE C0URT: Al
12 13 14
15
I
ri ght
.
16 17 18 19
2A
Ms. Castillo, do you have any arguments as to how I should decide the matter? MS
. CASTILLO: Yes , I do. Th1 s i s cl earl y someth'ing outsi de of the scope of
an unlawful detainer. There was no rental agreement and also no bu1lding the lan
d was bought together.
l'ly husband put i n al I of the work that 21 Nicklas couldn't do himself and th
en he says there is 22 no down payment . We put j n a I of of work and sweat 23
equity as well as money because he used all of our
24 25
26
tools and equipment to scope out the landscape to be able to put hjs house in. W
e helped him build his house. Once he had no use for us, then he didn't need
1
the agreement
we defaulted.
anymore.
He
tore up our checks and sa-id
2 3
4
5 6 7
the Civil and rejected,
to?
The Cal i forn-ia I aw i s very cl ear on that and Code is when a good faith pay
ment is tendered
it's a debt forgiven. He cannot
are you referring
THE COURT: What sect-ion
I I
10
11
I don't have it on hand to be able to present that to you. It's there, and THE C
OURT: 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:
12 13
MS. CASTILL0: 0kaY.
14
15
It's not very helpful for me when you say " f t 's very cl earin the Cal i forni
a Code"
THE COURT:
and not
sjte where you're talking
MS. CASTILL0: Okay,
THE C0URT:
PIS
about.
.
16
17 18 19
I
understand
Okay,
Go ahead
,
pl ease.
20
21
22 23
. CASTI LLO : Anyway , we di d our best not to do anything to harm hjm in anyway
and he-is in return try'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 b
e it's not a rental
rental agreement. There wasn't a presumed rental agreement. This js his way of
agreement, never has been a
24
25
26
cont'inuing
to take whatever we have left.
Tul are County Superior Court
1
THE COURT:
0kay.
1
Di
d you i ncur costs?
2 3
MR. GASTON : Fi 1 i ng fee.
Di
d you 'incur a fi
i ng fee?
4
5 6 7 8
MR. HOFFMAN: Yes .
9
10
11
I show a cost here of $325. THE COURT: All right. Did you incur costs? Court cos
ts in filing an answer? MS . CASTI LLO: Yes . We had to fi I e $700 $700 filing
fee plus the motjons. It was six something? Yeah, it was almost $ZOO.
MR. GAST0N:
.
THE COURT: You were?
don't know what the costs
wasn '
.
12 13 14
15
16 17
1B
t the one that pa'id 'it I just handed the money over. Whatever it was, it was t
o 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
l{S
.
CASTI
LL0: I
was e1 derl y
was?
.
19
THE COURT:
No? You don't know how much i t
20
21
22
I don't. MS . CASTI LL0: Whatever cost for the c.ivi I
MR. GILLESPIE: No, Your Honor,
23 24
25 26
matter times three.
AlI right. I wjII take the matter under submission, do my best to sort through f
rom the last of evidence.
THE C0URT:
Tul
are
1
I thjnk my parting word would be, no matter
what could be said about th'is case, the word "c1ear'ly" should never have been
used jn any of the statements,
Thank you.
2
3 4 5 6 7 8
(Proceedings concl uded.
-o0o)
I
10
11
12 13
14
15 16 17 18 19
20
21
22 23
24
25
26
Tul
are
1
STATE OF CALIFORNIA
) )
2 3
ss.
COUNry OF TUI-ARE
)
4
5 6 7
B
Official Certified Shorthand Reporter of the Superior Court of the State of Cali
fornia, do hereby certify: I,
ANN CAVIN,
an
I
10
11
That the forego'ing acti on was taken down 'in stenographi c shorthand wri ti ng
and thereafter transcribed into typewriting, pages 1 through 56, and that the f
orego'ing transcri pt const'itutes a ful I , true,
and correct
12 13 14 15 16 17
1B
transcript of said proceedings.
Dated
:
March
23. 201 0.
19
20
21
fi ci al
22
23 24
.25
26
Tul
are
EXH IBIT 4
JUDGEMENT BY HON. GLADE ROPER
rN PCL 138180
tl-l:
,i
'
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNry OF TULARE PORTERVILLE DIVISION
,r'3t*rat
Dept. No. 3
Porterville, California, March 23, 2A10
H. M. WYSOCKI TRUST,
No. PCL
138180
Plaintiff,
VS
Judge: Honorable Glade F. Roper
Clerk: Maria Ledesma
COURTNEY GILLESPIE, et al,
Reporter: Ann Cavin
Defendants.
Nature of Hearing: TRIAL, MOTION FOR JUDGMENT ON THE PLEADINGS AND FOR DISMISSAL
FOR FAILURE TO INCLUDE AN INDISPENSABLE PARTY Attorney for the Plaintiff: Attor
ney for the Defendant: Plaintiff present ( X) Defendant present (X) Plaintiff no
t present
Andre Gaston
(
)
Defendant not present
()
The trial in this case was heard by the Court March 23,2010. Defendants moved fo
r judgment on the pleadings and for dismissal for failure to include an indispen
sabfe party. Both sides presented oral and documentary evidence and the matter w
as submitted. Defendants noted that the minute order of February 23,2010 was in
error in stating that George Mason was present, since he had died prior to that
time, and in stating that the matterwas continued so that "defendant could hire
an attorney." In fact, the matter was continued for Plaintiff to obtain an attor
ney since a trust may not appear in propria persona through one of the trustees.
Defendants' motions are denied.
The facts are muddy at best. None of the witnesses fully explained the relations
hip between the parties or the nature of the agreemeni, if any, by which Defenda
nts have possession of the subject property. -Some negotiations obviously occurr
ed and apparently the parties felt at one time that they had entered into an agr
eement for Defendants to purchase the property. Each side felt the other had bre
ached the agreement. lt was evident from all testimony that there was no agreeme
nt of any kind by which Defendants are tenants of the property as renters. Altho
ugh the complaint alleges an oral agreement for Defendants io parf a "motorhome"
on the prope8, no evidence supported the allegation. There being no rental agre
ement, the Three-Day Notice served by plaintiff on Defendants was a nullity. No
evidence was presented to support a claim of waste, nuisance or unlawful purpose
. No evidence was presented io support the allegations made in the Three-Day Not
ice to euit. Judgment is entered for Defendants, and Plaintiff is not entitled t
o any recovery. Defendants are entitled to costs but because they did not know t
he costs at the time of the trial rnust submit a memorandum of costs and formalj
udgment consistent this
ruling.
,.CF
Dated. March 23.2010
-2-
EXH IBIT 5
DEFENDANTS WYSOCKI TRUST, NICKLAS
HOFFMAN, AND
NICKOL GERRITSMA CROSS COMPLAINT
0
Cross-Complaint
(c tT Acto N J u Dtct A
SUMMONS
FORCOURT USE ONLY (soLo PARA USO DE LA CORTE)
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
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 a copy ssrvod on the cross-com
plalnant. A lettr or phone call will not protect you. Your written response must
bo in proper legal form if you want 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
more information at the California Courts Online Self-Help Center (www.courtinfo
.ca,gov/selflietp), your county law llbrary, or the courthouse nearest you. lf y
ou cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you
do not file your response on time, you may lose the case by default, and your wa
ges, money, and property may be taken without further warnlng from the court. Th
erg are other legal requlromsnts. You may want to call an attorney right away. l
f you do not know an attorney, you may want to call an attorney referral service
. lf you cannot afford an attorney, you may be eliglble for free legal services
from a nonprofit legal seryices program. You can locate these nonprofit groups a
t the California L6gal $ewices Web sito (www,lawhelpcalifomia.org), the Callforn
ia Courts Onf ine Self-Help Center (www.eoudinfo.ca.gov/seffhelp), or by contact
lng your local court or county bar assoclatlon. NOTE: The court 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's lien must be paid betoro the court will dls
miss the caso. Tiene 30 D'AS DE CALENDARIO despues de que te entreguen esta cita
ci6n y papeles tqates para presentar una respuesta por esqrito en esl cofte y hac
er gue so errtregue una copia al contrcdemandante. Una carta o una llamada telef
6nica na Io protegen. Su respuesta por escrito tiene que estar en formato legal
correcto si desea que procesen su caso en la corte. Es posiDre que haya un formu
lario que usted pueda usar para su respuesta. Puede encontrar estos formularios
de la code y mds informacifn en el Cen?.o de Ayuda de las Corfes 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 puede pagar la cuota de presentacidn, pida al secretar
io de la corte que le dA un formulario de exencldn cle pago de cuotas, Si no pre
senta su respues(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 con
oce a un abogado, puede llamar a un servicio de remisi6n a abogados. Si no puede
pagar a un abogado, es posrble que cumpla con /os requisitos pdra obtener sevic
ios ,egates gntuitos de un prcgnma de servicios lqgales sin fines de lucro, Pued
e encontrarestos grupos sin lTnes de lucro en el sitio web de California Lega, S
e,'vices, (vwrrw.lawhelpcalifornia.org) , en el Centro de Ayuda de ,as Corles de
Callfornia (www.sucortg.ca.gov), o oni6ndose en contacto con la cofte o el cole
gio de abogados locales. AVJSO.' Por ley, la corte tiene derecho a reclamar las
cuotas y los costos exerfos por imponer un gravagnen sobre cualquier recuperaci'
n de $10,000 6 m4s de valor reciblda mediante un acuerdo o una concesi6n de arbi
traja en un caso de derecho civil. Tiene que pagar el gravamen de la co,.',e ant
es de que la cofte pueda desec'ar e/ caso.
The name and address of the court is: (Etnombre y direcciIn de la corte es;;
SHORT NAME OF CASE (lrcm Complaint). (Nombe de C$o)
SUPERIOR COURT OF THE
GILLESPIE VS. HOFFMAN
CASE NUMBER: (Ndmerc del Casd:
STATE OF CALIFORNIA, COLINTY OF TULARE 221 S. MOONEY BLVD, VISALIA, CA9329I
I
0-23896 l
The name, address, and telephone number of cross-complainant's attorney, or rout
an attornev. is: (El nombre, la direcci5n y el nImero de telAfono del abogado d
el contrademandante, o del contrademandante que no tiene abogado, es):
6echa)(Parapruebadeentrega
{sEArj
Robert J. Fletcher, Attomey at Law, P.O. Box 824, Tulare , CA 93215 (559) 684- 1
795 r'.r''"i Clerk,by'r--' DArE: V
II
i-LllliJ
(For proof of service of this summons, use Proof of Service of Summons (form POB
tilOl')
'*t-fii! (secretario) i/'p ,' ;,rrtr'{
''\'
,'
6diunto)
deesfa citatilnuseel formularioProof of Serviceof Summons (POS-010).)
1 V1 2. f-]
3.
NOTICE TO THE PERSON SERVED: You are served as an individual cross-defendant. as
the person sued under the fictitious name of (specify):
under:
{--.-l
l*-l l-_l
CCP 416.10 CCp 416.20 (defunct CCP 416.4O (association or partnership)
(corporation)
corporation) t_]
[]
[f
CCP 416.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person)
4. f71
Fom Adopted for Mandatory Use
Judicial Council of Calilomia SUM-110 [Rev. July 1.2009]
other (specify): by personal delivery on (date):
l--_l
tofi
Code ot Civil Procedure, SS 412.20, 428.60, 465
SUMMONS_CROSS.COMPLAINT
ww.cgudinfo.ca gov
R. - ::;: J. Fletcher No. 1 19770 .\norney'at Law P.O. Box 824 Tulare, CA,93274
(sse) 684-1795 Attorney for Nicklas Hoffrnan and the Wysocki Irrevocable Trust
FILED
rul,qnE
$$|il
su
PRr o F
cou
RT
Nov 19
BY:
?0111
CLE-RK
URAYNECLEEK,
SUPERIOR COURT OF THE STATE OF CALIFORI{IA
IN AND FOR TT{E COTJNTY OF TULARE
Case
No.: f 0-238961
Courtney and Melody Gillespie,
l0
VS.
Plaintiffs,
1l
Nicklas Hoffrnaq et. al.
Defendants
l2
13
1A ta
t)
r6
1',7
THE I{.M. WYSOCKI IRREVOCABLE TRUST BY AND TTIROUGH ITS CO-TRUSTEES, NICKOL D. G
ERRITSMA AND MCKLAS HOFFMAN.
Cross-complainant,
vs.
t8
I9
20
zl ^1
22
COURTNEY GILLESPIE, MELODY GILLESPIE AND ALL PERSONS TJNKNOW}I CLAIMING ANY LEGA
L OR EQUIT,A.BLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY AI}VERS
E TO CROSSCOMPLATNANT',S TITLE, OR AI{Y CLOUD ON CROSS.COMPLAINANT'S TITLE TO TI
IE PROPERTY, AND DOES 1 THROUGH 100 inclusive.
Cross-defendants
CROSS.COMPLAINT FOR EJECTMENT, DECLARATORY RELIEF, QUIET TITLE AND DAMAGES
25
Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Da
mages
Wysocki lnevocable Trust vs. Gillespie
et.al.
Case
No. 10-238
G@P
CO\TES NOW cross-complainant, the H.M. Wysocki Trust by and through its
-.
j
4 J
-Trustees, Nickol D. Gerritsma and Nicklas Hoffinan and by way of cross-complain
t alleges
as
follows:
L
FIRST CAUSE OF ACTION EJECTMENT
6
I
l.
8
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
q
10
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 se
t
il
t2
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
i3 t4 l5
commonly known as 1831 North Lime Street, Porterville, California, consisting
of approximately ten (10) acres, more or less, hereinafter referred to
"Property" and is more particularly described as:
as the
lo
t7
18 19
Lot
10 of Hermosa Orange Colony, County of
Tulare,
State of California, according to the Map thereof Recorded in Book ZrPage 131 of
Maps, Tulare County Records

20
A.P.N.2ss-23q:q04
2.
2l
22
23
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
24 25
cross-complaint when that information is discovered. Cross-complainant is
informed and believes and based-{hereon alleges that each of the cross-defend
mages Wysocki lrrevocable Trust vs. Gillespie
et.al.
Case
No. l0-238961
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, ci
rcumstances, events and happenings alleged in this cross-complaint.
,1
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, empl
oyee, partner, joint venturer or surety of each of the remaining
cross- defendants, and at all times herein relevant was acting within the scope
and
5
6
7
8
purpose of said servant, employment, agency, partnership, joint venture or suret
y
a
relationship with the full knowledge and consent, either express or implied, of
each of the remaining cross-defendants.
l0
ll
I2
t1
14
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
t5
l6 l1 l8
t9 20
21
known or unknown, were satisfied. This negotiation process resulted in only two
written memorandums which are the documents attached hereto as Exhibit B, entitl
ed "Agreement to Terms" and Exhibit C, entitled "Installment Note Secured
by Deed of Trust" each of which documents are incorporated herein by this refere
nce as though fully set forth at lenglh.
5.
22
The document entitled "Agreement to Terms" (Exhibit B) was the only document
z1
25
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 Da
mages
wysocki lrrevocable Trust vs. Gillespie
et.al.
case No. l0-23s96r
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.
6.
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-defendan
ts, wrote
"voID LATE 2005"
across the face of the document
entitled "Installment Note Secured by Deed of Trust"(Exhibit C) and delivered it
l0
back to cross-defendant Courtney Gillespie and informed said cross-defendant tha
t the ongoing negotiations for the contemplated sales agreement were
u
t2
IJ
IA ln
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 ap
proximately ten (10) acres owned by cross-complainant and that
cross-defendants would not have to pay any cash money as a down payment
t5
fthe
l6
ll
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 Tular
e
l8
r9
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
2l
'r')
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
25
Note (Exhibit C) and termination of the negotiation for sale.
cross-complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Da
mages
Wysocki lrrevocable Trust vs. Gillespie
et.al.
Case No. 10-23g961
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
I
the real property tax status with the office of the Tulare County Assessor zar h
as
)
6
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 accepted
or recorded by any of the parties of this action.
or
I
9
8.
Following the above referenced termination of negotiations for sale,
cross-defendants remained in possession of the approximately one and three quart
ers (1-314) acres living in their travel trailer they had parked on this Propert
y
and paying for Nicklas Hoffman's own personal electrical services direct to the
r0
ll
t2
IJ 14
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-complainan
t 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
l5
16
11
co-trustee, Nicklas Hoffman, and by refusing to relinquish possession of the occ
upied property to cross-complainant or enter into a formal written rental
agreement for the occupied property all as requested by cross-complainant by and
l8
19
20
21
through its co-trustee, Nicklas Hoffrnan, who first made the request to cross'de
fendants 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 in
stallation 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 Da
mages
Wysocki Irrevocable Trust vs. Gillespie
22
23
24
)\
et.al.
Case
No. l0-238961
Because cross-defendants continue to withhold possession of the property,

cross-complainant has been denied the use and occupation of the property to cros
s-complainant's damage in the approximate sum of $1,200.00 per month
4
5
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.
6
T
8
II.
SECOND CAUSE OF ACTION
9
l0
1l
DECLARATORY RELIEF
10.
Cross-complainant hereby incorporates by this reference each allegation in Parag
raphs 1 - 8 of the first cause of action above as though fully set forth at lens
th.
l2
IJ
t+
15
11,
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
l6
17 18
ageements. Cross-complainant contends, and cross-defendants deny, that
cross-defendants have no right to require cross-complainant to transfer any titl
e interest to any portion of the subject Property to themselves because a full a
nd complete land sale agteement was never finalized between the parties and.beca
u
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.
lo
LV
21
22 23 24 25
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 Dam
ages wysocki Irevocable Trust vs. Gillespie
et.al.
case No. 10-23g961
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
3
each of the corttending parties in accordance with this stated controversy.
12.
,
5
Cross-complainant desires
a
judicial determination of cross-complainant's rights
and duties under the proposed land sale agreement and a declaration of its
6 1
8
non-existence or invalidity or its enforceability or non-enforceability or both.
13.
A judicial determination and declaration is appropriate and necessary at this ti
me
in order that the parties may ascertain their respective rights and duties there
under.
9
10
ilL
THIRD CAUSE OF ACTION
QUIET TITLE
II
t2
13
t4.
Cross-complainant hereby incorporates by this reference each allegation in Parag
raphs
l4
l5 t6
I*
8
ofthe first
cause
ofaction and Paragraph 1 I ofthe second cause
of action above as though fully set forth at length.

l5
Cross-complainant seeks to quiet title against the claims of cross-defendants an
d
each of them as aforesaid. Cross-defendants claims are without any right and
tt
18
cross-defendants have no right, title, estate, lien or interest in the above des
cribed Property all without exception.
16.
l9
20
21
Cross-complainant does not know the exact nunes? capacities or interests in the P
roperty of certain of the cross-defendants which cross-complainant designates
22
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, o
r any
z)
.\^
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
25
Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For D
amages
Wysocki lrrevocable Trust vs. Gillespie
et.al.
Case
No. 10-238961
each such cross-defendant has no right, title, estate, lien or interest in the P
roperry
z
or any part of
it.
Cross-complainant will serve this class of cross-defendants by
publication as the Court allows.
4
I7.
Cross-complainant seeks to quiet title against all cross-defendants and each of
them as of January 10,2006 which is the date on which the document attached
6
hereto as Exhibit C was delivered back to cross-defendants marked
1
8
"VOID LATE 2005" and the sales nesotiation was terminated bv
cross-complainant.
9 10
18.
The claim of cross-defendants is contingent and uncertain in that at no time men
tioned herein has any land sales agreement been accepted by cross-complainant no
rhas there been any recording of any land sales document
1l I2
13
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 norha
s any "Deed of Trust" as contemplated by the "Installment Note Secured by Deed
t4
l5
of Trust" (Exhibit C) ever been prepared or executed ar delivered or accepted or
recorded by any of the parties of this action.
l6
t7 I8 t9
20
WHEREFORB CROSS-COMPLAINANT PRAYS
as
follows,
0n the first
cause pf action:
1. 2.
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,
2l
22 23
That this Court issue its Writ of Execution directed to the Sheriffof Tulare
Counfy, California directing the Sheriff to remove cross-defendants and all thos
e claiming by, through or under cross-defendants and to place cross-complainant
in
possession of the Properfy;
24
z)
Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For D
amages Wysocki Irrevocable Trust vs. Gillespie
et.al.
Case
No. 10-238961
3.
z
J
A q
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,
+. 5.
A
For costs of suit and prejudgment interest according to proof, and For such othe
r and further relief as the Court deems just and proper according to proof.
5
6 7
8 o
On the second cause of action:
6.
That this Court decree that the subject land sale agreement is void and of no le
gal effect, For costs of suit and prejudgment interest according to proof, and
l0
1l
8.
For such other and further relief as the Court deems just and proper according t
o
l2
IJ
proof. On the third cause of actio.n:
9.
t4
l5
That this Court decree that all money or money equivalent paid by cross-defendan
t since entering into possession of that portion of the subject Property occupie
d by cross-defendants shall be retained by cross-complainant as payment for the
fair rental value of the Property according to proof,
i6
l1
l8
r9
20
LI
10.
For damages at the rate of $40.00 per day, from and after December,2}A9 accordin
g to proof, for cross-defendants' wrongflrl detention of the premises until
such time as the premises are restored to cross-complainant,

11.
For
a
judgment that cross-complainant is the sole owner of the property and that
22 z3
cross-defendants have no interest in the Property adverse to cross-complainant o
r any other interest,
24
25
t2.
For costs of suit and prejudgment interest according to proof, and
mages
Wysocki Irrevocable Tmst vs. Gillespie
et.al.
Case
No. 10-238961
13.
2
J
For such other and firther relief as the Court deems just and proper according t
o
proof.
4
5
TIIE H.M. WYSOCKI IRREVOCABLE TRUST
6
7
8
ickol D. Gerritsma Co-Trustee
9
Dated:ll-lb-lD
l0
ll
12
Robert J. Fletcher, Atto
l3
l4
l5
VERIFICATION
I, Nicklas Hoffman, hereby declare
as
follows:
l6
t7
1.
hereto.
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$ com
petently
l8
l9
20
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.
2l
22
I declare under penalty of pedury under the laws of the State of California that
the
foregoing is true and correct.
23
24 25
,^r"a,ll- lh
- IA
Wysocki krevocable Trust vs. Gillespie
Cross-Complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Da
mages
et.al.
Case No. 10-238961
REQUL . BY CHIC3GO IITLE eU.{PAtiFJ

RECORDING
AND \IIHEN RTOORDED IVIAIL To
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rtc frtt ralue tcsr tte ratue of liror o6 casurnbil!.r. trea1rbg
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DOCIJMEITIIARY TRAI.ISFIIR.TAXIS
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hereby GRANT(S) to
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qefo[d,jrgdescribedrealpropcfiylntlc C{ty {-ounryor TUITARA
of
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Fff RtscpRDg.
APN
liro.
255-230-OOA
Dated May
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HIN"SR I,I'DTC} I|IUBSI
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f(iIlARE ,
Courrtyard
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t tlotrry Ptdilbh rrd brreld ANIIB I'1. HINBER
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potrondly loown tg rm (q prlod b mC on UL bg!! of ||ilnsbry b be thr psronlr) rvh
u nrrrrF) lrlen arbulbxt b the wltiln indrurnmt and acl@udodgd b ma ttut hc/$cin
ry ocofid rha samr ia tblrr/fnk auhorhed ar@t!gr.l, rrd ttar by f,by'ft'l,.]irut
rboatunF) oo $r lFtrsmont ttrc pcrron(s), sr &r artty upon bhdf of
nfiloh the panon(sl
erill4..rEqt!d$r hrtumarr
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TA)( STATEMEI.IS TO
FOR tSIrFrSAt e gnll|P p RTr S]Sf'fi ON FOIOA,ING UNE lF t{O PAfirY SO $tollil, f
trfiL AS OfrECfEO ABWE
@t -ta/vrrr
A*Kb
f'.r"t-.';1;;g : ::ar:sii:: 'Jtr.11eni 1.'ei:ia-1es
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ci prcpert--:t :ights r'-i-]i:n T:-isi- . Ac:e:'Lalc+ ci f lls i ljr:-s L::a:isf
er ci trr:ilJ"rt'/ :::q'ni3 il: Gcur:nelt Ge)..esp:: 1r rb:igi.ticns
t:y.rrna>-a. -i p:u!=incurt-ed iherebi'. Tularc C:un:-v ApNz55^t ;? ui
::-F i tri ce!.rr-Lf, -\r
PT:pe=i;, Descrlp:lcn: Ci the apprcx.-:-naceJ-y :0 acre pa:ceJ- ch3 scuth 12C fe
:: oi Lhe *asc i:a..f ar:.d r-ha: pari of lhe wesr hal: exc}:iing the norta
ai 5\^F
- JO4 .
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 l Lrcsse
ssi.Jrl. crrrd p.ic j-on si:a:i )e iue upo:: Ceina::d pe: Ccunl--:/ ci Tuiare
pal,.-rr+nl-,s
.
'i.h.is :-s a c-i'iv.::e iaw dcc.ment, an;'r aCjr-ldi:ac:c:: lji:d.-L: i:-v ihe
c::.u:ch ar' Karseah boarC of elCe;s or 15i1el h,-,.-l:
n=i .li "" r'larr A.l
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abC-,re e*e'j'{f,S a::3 pcS. L:on
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ll]S liwllE; Iihea giaii, th:s l{ate and ;re DeeC :':g':e;iCered wfCi: a reqles!
fcr .reccn'el,'a::ce.
Installuent Nofe Secured by Deed of Trust
::. :: beiore ci:e i :h_ irr che :rear ! !2 A.D. , f c: vair:e receir-/ed. Ehe u
ndersigried, eeUr-qrigv 1rJ.i vs!u= ts{-s{ -/Es, IJ: ullc ul:udl.UJ.glrt(lr -1 '
!. -' t"tiu-+!.!ry, Jriles!::e, FrL:ririse :o pay ln lawful $oney of ihe Unrted
States i cf Ameriu'aI -' { Tne , H M i{ysccki l:re-4laebiq Trusc, cr order, at d
esignared locatLon, ihe ffi ;tE.-irir""r."a a"rr. . t iS.60J 00_0L :i.ritir inie
resE fronr itfu dace- f exeeu.Eion of thii .; i not,e unEil paiil, ai fh{ incere
ft rareiiof 7 per cent, per , ti arur,uiil, .pa$6,e in rnonthLfrirs;aUfu:ne=r$;
ac I'east $g0O.tn, i seEinning qr', ;tre Si$st ofu of che\r\rfrd rncnrh of 2C05
and ; contrni:inS Qcrr:hf.$rffiq:earfur urerildic ir futi. L'' f 1 r r * i Si:nu
l-d :-lcer&gt r.ft. ne ryr lai{t it shall :her#feer bear like si:nul.d r,r.*r&r.
r. l. h oti+, ir sia}f :nergCfeer beai' L:ke i ..& i rrilrqF a< hthe interest a
s tth= -B:"il-, 'nul JSch .",ut pf,id Lnieresc so -..-*T-' -Jr"pr
1
)
I
cn rhe
co:tp$h.sed. ehd-1 co:11tr$I'[ied e
inberesE' shall''%ecce inrgqd.iaceig dci and -pa}'able aL the .,' cpeion cf the i
rc].der\fl;th1; noce{ Tili* nce. ir- secure<i b-w a:r",'. ,,.j ci-rtain DEED OF
?P*iiSTto N:cie*as Aq-!J, a T:-usEee. ns ' iii :'-..' { ;{ I:r r-he er"enl c: rrol
uni.ary Eaie*t"*y aiie:iaticn cr conveyance of al1 or an)r porricn of p\grf,aa1
proper!-v describeC j.n the i::Cebt,Edness cr ceed of ' t,ur:si.-"sryurin3-";fii
s ;lcEe, ai:y P-he F hoider, may the option cf cbligac ion :, hqf-eunapr, inmred
iately beccme$u and payable Payor' reserr'es Lhe privilege ard opcio:r c:- prspa
ying the within nr-Fc ,: n frrl or parL, 3L irny [ime, wiEhcuE penaiiT
-t
""tiiJ'u'. =$;ry;iu,b:. 1',*.,,i," . shcuLc a*?*qrt {e *u:u iq.;4J h*gi= .t H';#
iif,"un, .i i, ShcuLC def*qlt \u made rn iff5ii"u"r ci "i,'' i{Fen: .r H; ai i:r
terest :.:iterest whe-rt" j1'3e, rhens{ c'le, rhenpdflefficlefEtFq cr rirg{rinc:
.pai anci E*ltu
qt'].e.iE
:
;-;' ;;,#-"lng.iffi
rr'edaxffi
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Melody & Courtney Gillespie c/o P.O.

departments of the United States and of any state of the United

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE - 3

DECLARATION IN SUPPORT OF JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE

6-27,page 50,line 8-10 and line16-26;page 51,

So I attempted to return all of the payments. It was atthat time that he

compensation is unjust enrichment and peonage. The statement made on Page

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

rvicio de remisk5n a abogados. Si no puede pagar a un abqado, es pos6/e que cump

JRN-?-PA1E 7?z?9P FR0l'1:

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heryraEsrnr"rt rerute ii: ffi oberlfryerl[{: SUW SsFEs .JiNg f,E-mEE-e@Lffi:rut

1. PLAINTIFF (nameeach): WM WYSOCKY TRUST

stated in Attachment 8c. Proof of service of the notice in item 7a is attached

arestrted ini{tbchrnenl f5.

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

TUTARE COUNW SUPERIOR COURT, PORTERVILLE DIVISION

defendants stopped making any payments?

It's just to show that there

MR. GILLESPIE: yeah,

have a full opportunity to testify ra

0. And el ectri ca1? A. I did the electrical. I did all of the

That was discussed

THE COURT: Stand and

straight from the tax

MS. CASTILLO: Yes.

ANN CAVIN, CSR #13189

Maps, Tulare County Records

Courmel' Gillespie, Melody Gillespie and all those cross-defendants designated

signed acceptance of the document entitled "Installment Note Secured by Deed

or is excused from further performance by cross-defendants' breach.

Because cross-defendants continue to withhold possession of the property,

agreement. Possession, or return of possession, of the approximately one and

of action above as though fully set forth at length.

such time as the premises are restored to cross-complainant,

REQUL . BY CHIC3GO IITLE eU.{PAtiFJ

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