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Melody & Courtney Gillespie

c/o P.O. Box 8323


P orterville, C al ifornia
rurnnreanilS?rnron
In Pro Per VISALIA DIVISION

FEB 15 2CI1n

LARAYNE CLEEK, OITRK

TULARE COTINTY SUPERIOR COURT


VISALIA DIVISION

Melody and Couftnel' Gillespie se No.: No. l0-238961


t0
OTION FOR MANDATORY JUDICIAL
il VS. OTICE. of Case No. 138180 IN SUPPORT OF
LAINTIFFS' MOTION TO STzuKE AND
t2 Nicklas Hoffman, et al EMURRER TO DEF'ENDANT'S CROSS-
OMPLAINT
IJ Defendant to EC 45 I-460
rursuant

t4 Plaintiffs Couftney and Melody Gillespie, in the above entitled Action


15 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
I1 here accompanying MOTION FOR MANDATORY JUDICIAL NOT'ICE, OF CASE NUMBER PCL

l8 138180 IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE, AND DEMURRER TO


DEFEN DANT' S CROSS-COMPLAINT
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MATTBRS TO BE JUDICIALLY NOTICED
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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 Judgment
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by Hon. Glade Roper, attached hereto.

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

.A
LA
Date: 02/ll/2011 C]]q!5tnel'
.-, -
Gif les pie, Pla i rit i ffs
z) / t/-LL-'((l
/ V,-,-<,., /-:.- t

Melody Gillespie, Plaintiff

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE. I


MEMORANDUM OF POINTS AUTHORITIES &
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IN SUPPORT OF MOTION

The foregoing matters are appropriate for this Court to take Judicial Notice of in

Support of this Motion under the express Provisions of California Evidence Code

Sections 450-459, WHICH STATE,S:

450. .Iudicial notice may not be taken of any matter unless authorized
or required by law.45 I . Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of
this state and of the United States and the provisions of any charter
described in Section 3, 4, or 5 ofArticle XI of the California
Constitution.
t0 (b) Any matter made a subject of judicial notice by Section
11343.6,11344.6, or 18576 of the Government Code or by Section 1507
ll Of Title 44 of the United States Code.
(c) Rules of professional conduct for members of the bar adopted
t2 pursuant to Section 6076 of the Business and Professions Code and
rules of practice and procedure for the coutts of this state adopted
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by the Judicial Council.
(d) Rules of pleading, practice, and procedure prescribed by the
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United States Supreme Court, such as the Rules of the United States
l5 Supreme Court, the Federal Rules of Civil Procedure, the Federal
Rules of Criminal Procedure, the Admiralty Rules, the Rules of the
16 Courl of Claims, the Rules of the Customs Courl, and the General
Orders and Forms in Bankruptcy.
17 (e) The true signification of all English words and phrases and of
all legal expressions.
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(f) Facts and propositions of generalized knowledge that are so
universally known that they cannot reasonably be the subject of
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disoute.

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


extent that they are not embraced within Section 451 :
22 (a) The decisional, constitutional, and statutory law of any state
of the United States and the resolutions and private acts of the
23 Congress of the United States and of the Legislature of this state.
(b) Regulations and legislative enactments issued by or under the
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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.
(d) Records of (1) any court of this state or (2) any court of
record of the United States or of any state of the United States.
(e) Rules of court of (1) any court of this state or (2) any court
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of record of the United States or of any state of the United States.
(f) The law of an organization of nations and of foreign nations
and public entities in foreign nations.
(g) Facts and propositions that are of such common 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 accurate determination by
resort to sources of reasonably indisputable accuracy.

452.5. (a) The official acts and records specified in subdivisions


(c) and (d) of Section 452 include any computer-generated official
r0 court records, as specified by the Judicial Council which relate to
criminal convictions, when the record is certified by a clerk of the
lt superior courl pursuant to Section 69844.5 of the Government Code at
the time of computer entry.
t2 ft) An official record of conviction certified in accordance with
subdivision (a) of Section 1530 is admissible pursuant to Section
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1280 to prove the commission, attempted commission, or solicitation
of a criminal offense, prior conviction, service of a prison term, or
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other act, condition, or event recorded by the record.
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453. The trial court shall take judicial notice of any matter
t6 specified in Section 452 if a party requests it and:
(a) Gives each adverse parfy sufficient notice of the request,
t7 through the pleadings or otherwise, to enable such adverse party to
prepare to meet the request; and
18 (b) Furnishes the court with sufficient information to enable it
to take judicial notice of the matter.
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45a. @) In determining the propriety of taking judicial notice of


a matter, or the tenor thereof:
(1) Any source of pertinent information, including the advice of
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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 apply except for Section
t3 352 and the rules of privilege.
(b) Where the subject ofjudicial notice is the law of an
24 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.

) 455. With respect to any matter specified in Section 452 or rn


subdivision (f) of Section 451that is of substantial consequence to
the determination of the action:
(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 reasonable opportunity, before the jury is
instructed or before the cause is submitted for decision by the
court, to present to the court information relevant to (1) the
proprietv of taking judicial notice of the matter and (2) the tenor
of the matter to be noticed.
(b) If the trial court resorts to any source of information not
received in open court, including the advice of persons learned in
the subject 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
l0 notice of the matter mav be taken.

ll 456. lf the trial court denies a request to take judicial notice of


any matter, the court shall at the earliest practicable time so
t2 advise the parties and indicate for the record that it has denied the
request.
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457 . If a matter judicially noticed is a matter which would
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otherwise have been for determination by the jury, the trial court
may, and upon request shall, instruct the jury to accept as a fact
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the matter so noticed.
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458. The failure or refusal of the trial court to take judicial
notice of a matter, or to instruct the jury with respect to the
t7 matter, does not preclude the trial court in subsequent proceedings
In the action from taking judicial notice of the matter in accordance
l8 with the procedure specified in this division.

t9 459. (a) The reviewing court shall take judicial notice of (1) each
matter properly noticed by the trial court and (2) each matter that
the trial court was required to notice under Section 451 or 453. The
reviewing couft may take judicial notice of any matter specified in
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Section 452. The reviewing court may take judicial notice of a
matter in a tenor different from that noticed by the trial court.
(b) In determining the propriety of taking judicial notice of a
23 matter, or the tenor thereof, the reviewing court has the same power
as the trial court under Section 454.
(c) When taking judicial notice under this section of a matter
specified in Section 452 or in subdivision (f) of Section 451 that is
25 of substantial consequence to the determination of the action, the

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 4


reviewing court shall comply with the provisions of subdivision (a)
of Section 455 if the matter was not theretofore iudiciallv noticed
in the action.
(d) In determining the propriety of taking judicial notice of a
matter specified in Section 452 or in subdivision (f) of Section 451
that is of substantial consequence to 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 subject matter, the reviewing court shall afford each parly
reasonable opporlunity to 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 case, judicial

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Notice of it may be taken, thus it is proper for the Courl in this case to take judicial
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Notice of the contents of the Courts Case file in the prior Case of WYSOCKI TRUST,
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NICKLAS HOFFMAN, NICKOL GERRITSMA vs. Melody Castillo, Courtney Gillespie,
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George Mason, case number 138180, Tulare County Superior coufi, Porterville Division. THE
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RECORDS OF A COURT OF THIS STATE COME WITHIN THE PROVISIONS OF
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SUBDTVISION (dxl) OF SECTTON 452 OF CALIFORNIA EVIDENCE CODE.
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PEOPLE VS MAXWELL (1978) 78 CAL. APP. 3d I24 AT PAGE 130. "WHEN
lt A REQUEST TO TAKE JUDICIAL NOTICE OF SUCH A RECORD IS MADE EVEN
ORALLY, SECTION 453 THEN MAKES IT CONDITIONALLY MANDATORY
l8 THAT THE COURT DO SO. IT IS MANDATORY TO TAKE SUCH JUDICIAL NOTICE
WHEN (I) SUFFICIENT NOTICE IS GIVEN TO THE ADVERSE PARTY, (2) THE
l9 COURT IS FURNISHED WITH SUFFICIENT INFORMATION FOR IT TO
TAKE JUDICIAL NOTICE OF THE MATTER.'' PEOPLE VS MAXWELL,
20 SUPRA. 78 CAL APP. 3d 124 AT PAGE I3O:

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

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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STzuKE - 5


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J I, 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 correct

copies of the original, and certilied by the clerk of the Tulare County Superior Court .

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Porterville Division.

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Dated: February I l, 2011
8 llespie

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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 6


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. I, Melody Gillespie has direct person knowledge of the following matters of fact and law.
3. Affiant is competent to testiSr if called upon, and willtestif,, if called upon, of the following
matters:
4. On or about November 29,2009, Plaintiffs and Defendant Hoffman attempted to reconcile
differences and come to agreements to live together peacefully and fulfill the agreement made for
the purchase of tlie property known as 1831 North Lime Street, Porterville, Plaintiffs believed all
parlies, which are the defendants and the Plaintiffs in the above named case, had reached an

agreement mediated by the elders of the church with both parlies. The defendants had led
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Plaintiffs to believe that the contract could be fulfilled by Plaintiffs bearing the costs of the split
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of the propefty, then in return, defendants would properly ledger the account against the note
t2 signed by Plaintiff Courtney Gillespie, and Plaintiffs would pay off the account as agreed in the

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contract signed by both Courlney Gillespie and Nicklas Hoffinan.
5. Immediately, within that same week, Plaintiffs went to the county, pulled up all the documents on
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the properly, and obtained forms to apply for the division of the property. Plaintiffs found out
l5 that the properly was under the Williamson Act and could not be divided immediately, and
certainly not without the help of Nickol Gerritsma, whose name is the only name as trustee, on
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the Grant Deed
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6 . On or about December 1 5 , 2009 , Plaintiffs sent a letter to Ms. Geritsma, requesting her help in
18 the division of the property. Plaintiff s sent the letter, ceftified, return receipt, and received the
green receipt back, that Ms. Gerritsma had indeed received the letter. However, there was no
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response from Ms. Gerritsma.
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7 . On or about January 4,2010, Plaintiffs sent out a second request for her assistance with the
21 change in status of the property in order to make the property divisible.
8. On or about January J,2010, the, Nicklas Hoffman, in the name of WYSOCKI TRUST and
Nickol Genitsma filed an unlawful detainer action in an attempt to evict Plaintiffs from the
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property known as l83l North Lime Street, Porterville.
9. Defendants had hired a legal typing service to type, file and serve the complaint for unlawful
detainer. The defendants in the above named case were without an attorney when the complaint
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was filed, but had an attorney at the tirne of trial.

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 7


10' The legaltyping service typed and filed the unlawful detainer forms in case number 138180
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because Defendant Hoffman falsified the information in the complaint for the unlawful detainer,
2 including what was typed onto the THREE DAY NOTICE. In the first complaint filed on

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January 1,2010, Plaintiffs admitted that the properly was bare land on the first page item #3, and
that Mr. Gillespie had been living on the property since August2004.in item #4. See
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COMPLAINT-LTNLAWFUL DETAINER, incorporated herein by reference as if fully set forlh
5 and request rnandatory judicial notice of such. This is contradictory to the allegation made in

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cross-complaint filed into the above named couft on Novemeber 19,2010 attached hereto, and
incorporated herein by reference as if fully set for1h. On page 3, Item #4, lines 1 1- 14 of
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Defendant's cross-complaint, it states: "On or about Febru ary 2005, cross defendants Couftney
8 and Melody Gillespie, entered and took possession of approximately one and three quafters acres

o of the subject property and has since that time withheld possession of this occupied Property fro
cross-complaintant"
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11. On the arnended COMPLAINT FOR LTNLAWFUL DETAINER, item #3, was changed to state:
ll "1831 NORTH LIME STREET #A," and the term (Bare Land) was removed so it would appear

l2 to be a rental apaftment. See COMPLAINT FOR UNLAWFUL DETAINER, amended page one
incorporated herein by reference as if fully set forth, and request mandatory judicial notice of.
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12. Because of Defendant Hoffman's misstatements and falsification of the complaint, in case
t4 number PCL 1 38 I 80, the defendants in the above named case failed to have the relief they

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wanted. See Exhibit 1, Complaint for unlawful detainer, incorporated herein by reference, as if
fully set fofth, and request for the court to take mandatory Judicial Notice of said document.
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13. h Defendant's cross complaint, exhibit 5, incorporated herein by reference as if fully set forth,
t/ defendants in the above named case, have submitted the many of the same misstatements to the

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couft in the cross complaint as was put forth in the unlawful detainer action of PCL 138180.
Some of the same exhibits that were submitted to the court in PCL 138180, during trial, have
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been attached to llefendants cross complaint. Plaintiff s request judicial notice of the entire
20 cross-complaint submitted to the above named court.
14. The documents attached to Defendant's cross complaint are false, and altered documents, with
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the intent to lead the coutl to believe that the one contract with 2 pages and one attachment, is
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actually 2 separate documents of some kind of proposed agreernent that there may be an option
-/. J for a purchase in the unknown future, and depending on that unknown, somehow, Plaintiffs

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moved onto the property against the will of the true owners. The true and coruect copy of the
contract, which is 2 pages, in which Defendant Hoffman signs the second page, and has a one
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page attachment showing the amoftization of the private financing is attached to the Defendants

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 8


of PCL 138180 answer. At no time did the Plaintiffs of the unlawful detainer object to the
attachments. Instead, Plaintiffs of PCL 138180 discussed the contract many times in the trial
transcript. See Defendant Gillespie's ANSWER-Unlawful Detainer, incorporated herein by
reference as if fully set fofih, and request mandatory Judicial Notice of such, and the attachments
to the answer. Melody Castillo and Melody Gillespie are the same. Mr. Hoffman knew Melody
for several years prior to Melody's marriage to Mr. Gillespie. The intent of the name differences
r.vas to make it look like Melody and Courtney Gillespie were business partners rather than
husband and wife, living in a home on the propefiy known as 183 I North Lime street, Porler"ville.

The intent was to clairn that Defendants in PCL 13 81 80 had a storage salvage yard business on

the property. When the ruling of Hon. Glade Roper was in favor of the defendants of PCL
138180, (the Plaintiffs in the above named case), Mr. Hoffman began sendingthe letters attached

to Plaintiffs' complaint for Injunction presented in the above named case incorporated herein by
reference as if fully set fofth, and request for mandatory judicial notice of such,
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15. On several occasions within the trialtranscript, Defendant Hoffman, who was one of the plaintiffi

ll in PCL 13 8180, stated that the agreement was a land sales agreement and Defendant Hoffman di
not refer to it as an option to be exercised in the future at Hoffman's whim. See pages 8 line 17-
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20; Page 9, Line 8-10; page 43,line2} thru26; on page 21 Lines 14- 26, Courtney Gillespie
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testifies to the contract, without objection or being refuted by the other side, and his testimony
t4 continues through page 22,line 1-2; on page 44,line 1-5 Mr. Hoffman continues to testify; page
46, fine 26,page 4T lines l-26,page 48,lines 16-27,page 50,line 8-10 and line16-26;page 51,
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line l-2 and line 15-26;Page 52,line 1-13; page 53, lines 2-7. All sites mentioned herein, are
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incorporated by reference as if fully set forth, and request mandatory judicial notice of such. For
l7 the testimony that was not Mr. Hoffman's in the trial transcript of PCL I38 1 80, of the above

mention sites, the plaintiffs did not object, cross examine, contradict, or refute what was stated by
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witnesses other than Mr. Hoffman. It was accepted as true by both sides.
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16. This Declarant now requests comparison with the above referenced sites from the trial transcript
20 of PCL 138180 to Defendants' cross complaint in the above named case, attached here to, and
incorporated by reference, as if fully set forth, and request Mandatory Judicial notice of such. On
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page 3 of the cross complaint, item#4, item #5, page 6, item #11, page 8, item #18, cross

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


LJ 17. On page 4, item #6, where cross-complaintant states: "Under the Installment Note (Exhibit C),
which had been prepared by cross-defendants and presented by cross-defendants, the cross-
defendants had proposed paying $600.00 per month at seven (7)percent interest, and did pay the
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sum of $4800, but failed to take any material action to obtain the requisite sub-division approval

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 9


by either the cross-complaintant or the County of Tulare which led to the tender and delivery of a
check for full refund of the said sum paid, voidance of the proffered lnstallment Note (Exhibit

C) and terrnination of the negotiation for sale" which completely contradicts previous testimony
given by both Mr. Hoffinan and Mr. Gillespie in PCL 138180,
18. On page 26,line 1-11 of the trial transcript, Mr. Gillespie states, under oath: "Q. Did you believe

that you were signing a unilateral contract that could be discarded by one side at will? A. No, I
did not. Q. Did you fully believe that when the contract said that once you made a payment
that the private transfer of property rights would be transferred to you as a trustee? A. That
was his agreement" He wrote that up. I didn't write that and put that language in there. He wrote

it and signed it." This testimony was never refuted by the other side. The plaintiffs did not
object, cross examine on his statement, or contradict his statement.
19. On page 44,line 20-26, of the trial transcript, Mr. Hoffman states under oath: "At that time I
gave Mr. Gillespie a check for the full amount that he had paid for the eight months at $600 and
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told him because we don't have an agreement on how the property is supposed to be split, that we
ll can't go through with it. So I attempted to return all of the payments. It was atthat time that he

said he wanted to go to the mediation that we agreed upon and I told him to go ahead and anange
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it." Mr. Hoffman testifies under oath that he offered to pay Mr. Gillespie back for only eight
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months, when Mr. Gillespie had paid for a full year of payments, plus Mr. Hoffman's electric bill
t4 for the Hoffman household and Hoffman's radio station, and all of the work developing the
property. Mr. Hoffman testifies that Mr. Gillespie opted for mediation. See Mr. Gillespie's
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testimony on pages 2lthrough page26 of TrialTranscript of PCL 138180.
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20. On page 2 of the Defendant's cross-complaint, line 12-19, Defendant states: "And is entitled to
I1 possession of all real property and improvements thereon located in the County of Tulare, State ol

California commonly known as 1831 North Lime street, Porterville, California. . . " In the
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PCL138l80 Trial Transcript, on page 23line 18-26,page24line 1-26, Page25line 1-25 Mr.
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Gillespie testifies to the coutl under oath of all the work he has done to improve the properly,
approximately $30,000 (thirfy thousand) dollars of work improving the property and building the
houses that Mr. Hoffman and his family now occupy. Mr. Hoffman has never compensated mr.
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Gillespie for all the work he has done. Mr. Hoffman nor anyone of WYSOCKI TRUST ever
refuted Mr. Gillespie's testimony, never cross-examined his testimony about his work, or
z.) contradicted what Mr. Gillespie had to say. His testimony was accepted as true by both sides.

)A This Declarant can attest that Mr. Gillespie was indeed telling the truth. Neither Mr. Hoffman
nor anyone from WYSOCKI TRUST has ever compensated Mr. Gillespie for his work and his
expense in irnproving or developing the land, but have reap the benefit thereof. The failure of

JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 10


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

of the Defendant's cross-complaint is false and misleading. Also, on page 4,Item #6, line 12-25,
cross complaintant is careful about the wording used, and states: "and that cross-defendants

would not have to pay any cash money as a down payment..." This is worded this way to
purposely mislead the court. lt would be presumed that Mr. Gillespie supplied thirty thousand

dollars of work and improvements to the property that the crossplaintant has failed to
acknowledge. Mr. Gillespie is not the one who has defaulted on the agreement, Mr. Hoffman,
and Ms. Gerritsma have defaulted, and failed to perform their duty. Item #6 on page 4 and Item
#1 on page 2 are false and misleading statements.
21 . On page 5 Item 6 continued, cross-complaintant states: "At no time mentioned herein has any

land sales contract agreement been accepted by cross-complaintant". This is a false and

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


incorporated herein by reference as iffully set forth.
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22.Item #18 restates what is in item #6. Item #6 continues: "There has been no recording of any
ll land sales agreement wit the office of the Tulare County Recorder, nor has there been any change
in the real propefty tax status with the office of the Tulare Counry Assessor, nor has any "Deed of
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Trust" as contemplated by the offer "Installment Note Secured by Deed of Trust" (Exhibit C)
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ever has been prepared or executed or delivered or accepted or recorded by any parlies ofthis
t4 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
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DETAINER, incorporated herein by reference as if fully set forth, and request mandatory judicial
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notice of. The first 2 sentences ofthe sales contract state: "Private transfer ofpropeffy rights
\l within the trust. Acceptance of the first payment verifies this transfer of property rights to
Courtney Gillespie" (rnisspelled in contract) and paragraph 3 states: "This is a private
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document", and paragraph 4 states: "I hereby accept the above terms and position of trustee of
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the H.M. Wysocki Trust." The contract is privately recorded with the Community Church of
Kaweah. Mr. Gillespie is also a trustee of WYSOCKI TRUST, according to the contract, and
therefore what is recorded as Wysocki Trust would also apply to Mr. Gillespie and there would
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be no change in the real property taxes with the office of the Tulare County Assessor.
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L) I, Melody Gillespie, a Plaintiff herein, do declare under penalty of perjury pursuant to the Laws of the State of
Califomia that the foregoing is true and coffect to the best of my knowledge and understanding.
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1 DECLARATIoN BY tJ, f {r} ,'ujl.-,
:

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t, {!tit, (t , J' Q-tt( ^. do hereby declare as follows:
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o I am not apafty ofinterest to the above entitled case, and am over 18 years ofage.

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2. I personally served Motion for Judicial Notice in supporl of MOTION TO STRIKE
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CROSS-CMPLAINT on behalf of the Plaintiffs at 139 Tulare Avenue. Tulare California on
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JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE - 12


EXH IBIT 1

PLAI NTI FFS WYSOCKI TRUST.

NICKLAS HOFFMAN. AND

NICKOL GERRITSMA COMPLAINT

tN PCL 138180
sutuMoNs FOR COURT USE ONLY
(ctTActoN JUDtctAL) $oLa PARA USO DE tACORTq

R Er E N cyilhi[i[;]hBE,ilTF[#Xl?1?t s A Lo r o)
NOTICE TO DEFENDANT:
(AVISO AL DEMA,NDADO):
COURTNEY GITIESPIE; MELODY CASTILLO, GEORGE MASON

YOU ARE BEING SUED BY PLAINTIFF:


(LO ESTA DEMANDANDO EL DEMANDANTE):
H.M. WYSOCKI TRREVOCABLE TRUST
You have 5 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a 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 if you want the court to hear your case. There may be a court form that you can use for your response.
You can find these cou( forms and more information at the California Courts Online Sef-Help Center (www.courtinfo"ca.gou/selfhelp), your county
law library, or the courthouse nearest you. lf you cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you do not file your response on
time, you may lose the case by default, and your wages, money, and property may be taken without further waming from the court.
-you
There are other legal requirements. You may want to call an attomey right ailay. lf you do not kno\ , an attomey, may want to call an attorney
refenal service. lf you cannot afford an atorney, you rnay be eligible for free legal services frorn a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (r,nvw. lawhelryalifomia.ory), the California Courts Online Setf-Help Center
(www.courtinfo.ca.gou/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a stratutory lien for waived fees and
costs on any settlement or arbitration award of $1 0,000 or more in a cMl case. The court s lien must be paid before the court will dismiss the case.
Tene 5 DIAS DE CALENDARIO despu's de que h enteguen esta citaci6n y papehs legales para presentar una respuesta W escnto en esla
corle y hacer que se entregue una copia al demandante. (Pan cabubr bs cinco dias, cuente hs s6bados y bs domingospero 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 pr escrito tierc que estar en formato legal
correcto si desea que preesen su caso e', la code. Es pos6& que haya un fomulario que usted pueda usar para su respuesta. Puede encontnr
estos formularbs de la cute y mds informaci6n en el Centro de Ayuda de hs Codes de Calitomia {1M^M.sucorte.ca -gov), en la bdbteca de leyes de
su condado o en Ia cofte que b qude m1s cerca. Si no puede pagar la cuota de presentaciin, pida al secretario de la cofte que b dA un 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? m€is advedencia.
Hay oilas requisitos bgales. Es recomendabte que name a un abqado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio
de remisk5n a abogados. Si no puede pagar a un abqado, es pos6/e que cumpla @n hs rcqubitos para obtener servic:tos legahs gratuitos de un
programa de servbbs bga,bs sitt fines de lucto. Puede encontraresfos garpos sln fines de htcro en el sitio web de Califomia LegalServbes,
(www.lawhelpcalifornia.org], en el Cenbo de Ayuda de las Cqtes de Califomia, (www.sucorte.ca.gw) o ponandose en contacto con la cofte o el
colegb de abqados bcabs. A V/SO Por by, la oofte ti:'ne derecho a reclamar las cuotas y bs costos exentos por imponer un gnvamen sobrc
cualqubr recuperacbn de 510,M 6 mds de valor recibkla mediante un acuerdo o una concesbn 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.

The name and address of the court is:


(El nombre y direcci6n de la cofte es):
TULARE COUNTY SUPERIOR COURT
87 EAST MORTON AVENUE
87 EAST MORTON AVENUE
PORTERVTI,LE, CA 93251
PORTERVILLE DIVISION
2. The name, address, and telephone number of plaintiffs attomey, or plaintiff without an attorney, is:
(El nombre, la direcci6n y el n1mero de tel6fono del abogado del demandante, o del demandante que no tiene abogado, es):
NICKLAS A. HOFFMAN, TRUSTEE (ss9) 901-5256
NICKOL D. GERRTTSMA, TRUSTEE
16i4 NORTTi BRADLEY STREET
PREPARED BY DEBBTEIS I,EGAL TYPING
3. (Must be answered in all cases) An unpryfpl detainer assistant (Bus. & Prof. Code, did not [--l
oio
for compensation give advice or assisfarltffl{{|1.-this form. (lf plaintiff has rgqe}yed apy y from an unlawful
the nexfFwb'.".1_
O on ffie
detainerass,stggt,conptele^itgJn u ndi(fagc).t, . ilrY. / U in
,^r::'"'"' """oj'fftl{"9T%ffl
(Fecha)
"n
" i"f crerk, ty
(Adjunto)
lsecre
(For proof of se.:l.ice of this summons, use Proof of Service of Summons (form POS410).).
de esfa citaii1n use elformulario Proof of Servici of Summons, (POS-010)).
4. NOTICE TO THE PERSON SERVED: You are served
a. l*--l as an individual defendant.
b. [-as
the person sued under ihe fctitious name of (specify):
c. f--l as an occupant
d.
under: I--l ccp 416.10 (corporation) l---l cCP 416.60 (minor)
l--l ccp 416.20 (defunct corporation) [--ltcp 416.70 (conservatee)
[--l CCp 416.40 (association or partnership) [-_l CCp 416.90 (authorized person)
[-_l ccp 415.46 (occupant) l--l other (specifv):
5. Page 1 ot?
-Fomldopted for Mmdatory Use Code ot Civil Proc€dure SS 412-20, 415.456, I 167
suMMoNs-uNLAWFUL DETAI NER-EVICTION
Judicial Courcil of qtgl:1
soffi,
JRN-?-PA1E 7?z?9P FR0l'1: .n:ZgtSZ?4 P.1

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.= ptatnti# musr file thie qqver- glieet wfth the ffi paper{ifed'ihri#ffin or pti<ueding
(Encept'sn $9.es cpr-np o1 cases filetl
-=#ruti#ilti;Gilofi; -lell
F","ity:€oe, Jiwsr66ia;d- ilriri,iio-Ncod;i [cir. nuteirircori4 rute,s.zzo.) Failure'to file mav result
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-r- lflfiisq4s9ismmplexundenru]e3.400etseq.ofthebamomiaRutesotCourl,yoijlhustserueaeopyofthiscoversheetonall
otherdarties to thi action orprqce9dins. .i_ . ., in L^ ..__*._r^.h.i-&ra^l i,,jx^66-
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ATTORNEY CR PARTYWITHOUTATIORNEY f/Vame, Stde garnumbet, aN €ddFJss): FOR COURT USE ONLY

JICKLAS A. HOFFMAN, TRUSTEE


NTCKOL D.
GERRTTSMA, TRUSTEE
1614 NORTH BRADLEY STREET
VISALIA CA 93277
PREPARED BY DEBBIE'S LEGAL TYPING
IELEPHoNE No.: (559 ) 941-5256 FAXNO. (Atrional):
E+4AfL ADDRESS (O$onal):
t i; 5::-.
IN PRO PER
ATTORNEYFORllrlame.l:
: tiui'11\' 3iil' i{ii-.r i'iii? l

SUPERIOR GOURT OF GALIFORNIA, COUNTY OF TU],ARE ;nilj-i:1, ::-l-!'::ir. j'ri I

srREErADoREss' 87 EAST MORTON AVENUE


MATLTNGADDRESs: 87 EAST MORTON AVENUE ; j!
i,-i i l
i,' :-i
1,
a ,, i, iil
cmyANDzrPcoDE: PORTERVIl,LE, CA 93251
BRANCH NAME: PORTERVILLE DIVISTON -,'ii ii.1,'iif- i:-i i: l' :ll-i il}
PLAINTIFF: H.M. WYSOCKI IRREVOCABLE TRUST rj,!,.
!/1n
GfLLESPfE, '!f-/Lt' ,."n-t d"tdsAtn'XJ '/
DEFENDANT: COURTNEY
MASON
MELODY CASTfLLO, GEORGE
l,/
til DoESlro 10 rNcLUSrvE
COMPLAINT UNLAWFUL DETAINER*
l-xl conaplatNT l-_l
-
AMENDED COM PLAINT (Amendment N um ber) :- ff!*iqlt &c,
Jurisdiction lcheck all that apply):
tf AcnoN rs A LrMrrED crvrL cAsE
Amountdemanded fX I Ooesnotexceedgl0,000
l---l
exceeas $10,000 but does not exc€ed $25,000
fl ACTION lS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
n ACTTON lS RECLASSIFIED by this amended complaint or cross-complaint (che* alt that apply):
l-_l frorn unlawful detainer'to general unlimited civit (possession not in issue) [---l froln limited to unlimited
f--l from unlawfut detainer to general limited civil (possession not in issue) f-_l troln unlimited to limited
1. PLAINTIFF(nameeach): WM WYSOCKY TRUST

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

2. a. Plaintiff is (1) E an individual over the age of 18 years. (4) T-l a partnership.
(2) fl a public agency. (5) | | acorporalton.
rr2\
\v/ t] other (specify):

b. | | Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

Defendant named above is in possession of the premises located at (sfreef address, apt. no., city, zip code, and county):
1831 NORTH LIME STREET, (BARE LAND) PORTERVILLE, TULARE COUNTY CALIFORNIA 9325'I

4. Plaintiffs interest in the premises is


l-Xl as owner other (specify): l--l
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout(date): AUGUST 2004 defendant (name each): COURTNEY GfLLESPfE, MEIODY
CASTIL],O, GEORGE MASON

(1) agreed to rent the premises as a l--l month-to-month tenanry [--l other tenancy (specify):
(2) agreed to pay rent of$ payabfe l-monthly [-l other (specify frequency):
l--l
(3) agreed to pay rent on the first of the month [--l other day (specify):
b. This [-l written [-Fl oral agreement was made with
(1) TX I plaintiff. (3) T_l plaintiffs predecessor in interest.
(2) l--l plaintiffs agent. (4)
Defendant had an oral agreement with plaintiff they could park their rnotorhome
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., $ 1161bBmporarj-ly on property
Pagc I of 3

Form AppmEd forOptlmal Use co Mp LAt T-U LAWF U L D ETAr * r


qPhtss
N N code of c M,,99.?ydss.1??r1ia
Judicial Cour}cil of Califomia
Ut>1oo [ReY. July 1,2005]
t"rff8l"
WYSOCKI REVOCABI,E TRUST

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

I XI The defendants not named in item 6a are

E (1) subtenants.
(2) LXJ assignees.
(3)l lother(specify):
l-fne agreement was later changed as follows (specify):

e- | | A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. proc., 1166.)
S
f. l-(For resMentiat property) A copy of the written agreement is not attached because (specf rason):
(1) T-l the written agreement is not in lhe possession of the landlord or the landlord's employees or agents.
. (2) l-_-l tnis aclion is solely for nonpayment of rent (Code Civ. Proc., g 1161(2)).

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

was served the following notice on the same date and in the same manner:
(1) L-J 3-day notice to pay rent or quit (4) |
| 3-day notice to perform covenants or quit
(2) q
3Gday notice to quit (5) E
3-day notice to quit
(3) |
| 60-day notice to quil (6) | I
Other(specify):
b. (1) On (date): DECEMBER 31,
2009 the period stated in the notice expired at the end of the day
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. l-i-l The notice included an election of forfeiture.
e. lxl 4 99qy of the notice is attached and labeled Exhibit 2. (Required for residentiat property. See Code Civ. proc.,
f. I I
_ s 1166.)
One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and aftach a statement providing the information required by
items 7a-e and 8 for each defendant.)

8. a. [X I The notice in item 7a was served on the defendant narned in item 7a as follows:
(1) l-T-l by personally handing a copy to defendant on (date): DECEMBER 2 B
, Z00g
(2) T-] by leaving a copywith (name ordescription):
a person of suitable age and discretion, on (date): at defendanl's
,r_-l residence [--_l business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) | I by posting a copy on the premises on (date): [-l nruO giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on
(date):
(a) l-_l because defendant's residence and usual place of business cannot be ascertained OR
(b) [-] because no person of suitable age or discrelion can be found there.
(4) f]
(Not for 3'day notice; see CivilCode, $ 1946 before using) by sending a copy by certified or registered mail
addressed to defendant on {date):
(5) T(Not far residentialtenancies; see CivitCode, S 1953 before using) inthe manner specified in a written
commercial lease between the parties.
b.
was served on behalf of all defendants who signed a joint written rental agreement.
c. f--l Information about service of notice on the defendants alleged in item 7f is stated in Attachment gc.
d. f-xl Proof of service of the notice in item za is attached and labeled Exhibit 3.

UO-10e [Rev. Juty 1, 2@51


COMPLAINT_UNLAWFUL DETATNER Page 2 of 3
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I
tifqf$*trfffiJrJrFpmdla;rd',bs*!ftrdslslrnrryhliittlmss$sg;rFntFef$*s-y:sod€rffie,1d!4$ffft#SaFif'
Cdtumb;ent&e{ffisdqgi*tg&f,a$ilgFFEt;
Selb: J$tifi*E.g 7r giltg
'.
oYEpt?&lfrdarc]
irie-troi D. eerfi tsrna" NJe|ilgi: A.. Eolrn.{l ,Lindlold{sf

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

t t.r t0
To,TEi6Nri$)AND.ALIPERS6N($)IN,F0-sSE$$lOFf
'i{ogAhEtiEAEBY"i$OTFlEEInrzrf nc'teiianff"tih.deirlJiFfi}.o$ofcrlpy, fre prpmlseF,shett diid,thr€e f3},days
:afie.rllledatg oJs-ennte,o! sE.pyo.tthisn-attig upOn*au;attd,Yaerare.r.qluiref to quif and defiverqp.p.6gsessian"af
lhe:premlses.tc.the underCgned'on'or befor"ethat date
-trJi
lfydu.FA!L TO' DO $.g, Jegd pRtqednge $l{tt ,be fir.EEtuled agshsl you ,fqi;pF-SsFssie-R 'ot:tie pr-eOi-sd5,
fofriture oflhg rentalagreemenl and forsuctrmonetary damagesas rnay be atlowe.d by{aw.
Thg premlses ltereiii refensdt+-Which you lroE andlof occupied by you ,are;
A$rg#-t, . . _ttslSEBx#llErEis{.REEiT _ .: -:ENr{V[P{OqTq'P.OR , :

citjti :p-o-=B,T.B-&-y.=rL. - - state: **.**==..*.,. ziv -*;Fz;4-


,,.-,,,, r,,,.,.r=',',',",-,,T,{F=$F, - =..,,,,=,.,,,, :.,, -
-IHE:REA5.QI{:ft lls.NOTl€E:L$F-Ell{G$E.iV,ED;I$;

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


PERI!trSSION.

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


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

4. rE-LT'(iALeoAI[fs{fdNOFp.SRr4BLj*lYo-fL-r GAL-.- $rtrUCTUnE TOrIt&I[ysERWCEs


w.Iftro.Itt'nsQur*ElEf orff,f y.:PJRif {r.rs"
n Bio.-q$lGErtrrrv'sEiia.cbI'NfjYP.6.ff$.Irngg:o,Tr,:lyE* .Ifff;,rrJtr-Ex{dwTE

1:

:1

,i
l, ihe undersigned, being al least 18 years of age, declare-under penalV,of pedury nat tserved the above notice, of.which
thisis ewe copy, on.the bllotding tehant(s) in possession in the manner(s)indicateg hlo,!,lr'
ihe notiee io'i1he renant{s)
| .psted Oe, rolice in
:q .@sspigeus place dt rrltre lesHene of 'the
E10r :,.a'fei-attelilFtJr0 FrqLa[se.Flap",l tanantfs],Ailtr-.ldeFiiil(sr5,lt-ue:ipptiit'the'us.
, 'hali_@ f1C ng!,ae de e.i$€I*itr o-f',!r]it4F,.age ;ind Mail il a sepled erwelepe with pqstiigs -fully
,ditrdeggn atthe t€Sidetiae&i$ness df tE, EbaDtts}. prppaid, addr.esed to the fenant(4 d hisllrer/their
AN.D { derypsited,,:a !r-re' @FE;in::the. 'U--$; lVlajlr in .a
ptace pf ',qesid-en€ (d-ate malled, il
dfferent
sbd. eovefeFe,wtlh pEstatqftilly prep;il;, addr,e-s-sed ).
to the lenant(g at his/her4heir f,ace. o{ msfidence {date
mailed ffdifferent - I'
F{ecuteg ofi
uD-100
ATIOijiJr'OR PARTY WTHOUT ATTORNEY (iVamq Sfal umber, and addtess): FOR COURT USE ONLY

JICKLAS A. HOFFMAN, TRUSTEE


NICKOL D. GERRITSMA, TRUSTEE
1614 NORTH BRADLEY STREET
VISALIA CA 93277
PREPARED BY DEBBIEIS LEGAL TYPING
TELEPHoNENo.: (559) 901-5256 FlxNo.pprionat):
E lvrAL ADDRESS fop&ral);
:, : -a_t
PRO PER
ATToRNEYFoR(ilamel: IN
' ::i--iiit i,;i;,lT
SUPERIOR COURT OF CALIFORNIA" COUNTY OF TULARE . r,fii;.,i
STREETADDRESS: 87 EAST MORTON AVENUE
MATLTNGADDREsS, 87 EAST MORTON AVENUE : -' li
,-, f t?
irl
crrYANozrPcoDe: PORTERVILLE' CA 9325'7
BRANclttlAME: PORTERVILLE DTVTSION ,-,iii'i, l';,'ir " : t:i..tlii1ii
PLAINTIFF: H.M. WYSOCKI fRREVOCABLE TRUST '--1'--.|-- \- .: *:l J &f i ai:"

DEFENDANT: COURTNEY GILLESPIE, ME],ODY CASTILLO, GEORGE MASON A:,-)


/'
tX] DoES 1 To 10 INCLUSIVE
COMPLAINT _ UNLAWFUL DETAINER* CASE NUMBER:

l---l cottlplatNT [x I AMENDED coMPLAtNT (Amendment Number): -1- PCL1381BO


Jurisdiction lcheck all that apply):
[Tl acrroru rs A LrMrrED crvrL cAsE
Amount demanded l-X I does not exce€d $10,000
l*-l exceeds $10,000 but does not exceed $25,000
l-_l ncnon ls AN uNLlMtrED clvlL CASE (amount demanded exceeds $25,000)
I---l nCnON lS RECLASSIFTED by this amended complaint or cross-complaint (check all that appty):
[-_lfrorn unlawful detainer to general unlimited civil (possession not in issue) f*] ftot limited to unlimited
f_-lfro* unlawful detainer to general limited civil {possession not in issue} I I trom unlimited to limited
1. PLAINTIFF (nameeach): WM WYSOCKY TRUST

alleges causes of action against DEFENDANT (name each): COURTNEY GILLESPIE, MELODY CASTILLO, GEORGE
MASON

2. a. Plaintiff is (1) l-X I an individual over the age of 18 years. (4) T-l a partnership.
(2) !| a public agency. (5) T-l a corporation
(3) lother(specify):

b. l--l Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specity):

3. Defendant named above is in possession of the premises located at (street addresg apf. no., city, zip code, and county):
1831 NORTH LIME STREET #A, PORTERVILLE, TULARE COUNTY CALIFORNIA 93251
4. Plaintiffs interest in the premises is [Xl as owner l--l other (specify):
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
6. a. Onorabout (date): AUGUST 2004 defendant (nameeach): COURTNEY GILLESPIE, MELODY
CASTILLO, GEORGE MASON

(1) agreed to rent the premises as a I tenancy l--l other tenancy (specify):
month-to-month
(2)agreedtopayrentof g payable l-_l monthly l--l other (specifyfrequency):
(3) agreed to pay rent on the i-*-l first of the month [--l other day (specify):
b. This l--l wriften [-X I oral agreement was made with
(1) fll plaintifi. (3) plaintiffs predecessor in interest.
(2) T-l plaintiffs agent. (4) -f_l other (specr'fi):
Defendant had an oral- agreement with p3.aintiff they couJ.d park their motortrome
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc.,
$ 1161alemporarily on property pase r or3

FormApprovedfsoptimar use COMPLAINT_UNLAWFUL DETAINER i.egal ri,ll*?*?ssrlr??ri",?*


Judicial Courcil of Califmia
UD-l00 [Rev. July 1, 2005]
^
)oruf,rons
code or civir

Q PIus
PLAINTIFF (Name): WYSOCKI TRREVOCABLE TRUST CASE NUMBER:

PCL13B18O
DEFENDANT (Name): COURTNEY GfLLESPIE, MELODY CASTILLO, GEORGE
N

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


(1) l-fl subtenants.
ror rA
(z) f v_lI assrgnees.
^ '
(3) I--l other (specify):
d. n The agreement was later changed as follows (specify):

e. l--l A copy of ihe written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., S 1166.)
f. l-for residentiat property) A copy of the written agreement is not attached because (specify reason):
(1) T-l the written agreement is not in lhe possession of the landlord orthe landlord's employees or agents.
(2) l*_l tnis action is solely for nonpayment of rent (Code Civ. Proc., $ 1161(2)).'
7.f-- a. Defendanl(name eacfr); COURTNEY GILI,ESPIE, MELODY CASTILLO' GEORGE MASON

was served the following notice on the same date and in the same manner:
(1) t--l
3-day notice to pay rent or quit (4) l--l
3-day notice to perform covenants or quit
(2) l---l 30-day notice to quit I
($ l-X Sday notice to quit
(3) T_l 60-day notice to quit (6) n
Other (specify):
b. (1) On (date): DECEMBER 31,
2009 the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requiremenls of the notice by that date.
c. All facts stated in the notice are true.
d. [-il fne notice included an election of forfeiture.
e. l-Xl n copy of the notice is aftached and labeled Exhibit 2. (Required for residential property. See Code Civ' Proc.,
s r766.)
f. T-_-.l One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Gheck item 8c and aftach a statement praviding the information required by
items 7a-e and 8 for each defendant.)

a. l-X I The notice in item 7a was served on the defendanl named in item 7a as follows:
(1) TX-l by personally handing a copy to defendant on (dat{: DECEMBER 2I 2409
'
(2) l--by leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
l-_.l residence i-.l business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendants residence or usual
place of business
(3) T*l by posting a copy on the premises on (dale): [-_l nruO giving a copy to a person found
residing at the premises AND mailing a copy to defendant at the premises on
(date):
(a)l--l because defendant's residence and usual place of business cannot be ascertained OR
&) T-l because no person of suitable age or discretion can be found there.
(4) T-l (Not for 3-day notice; see Civil Code, g | 946 before using) by sending a copy by certified or registered mail
addressed to defendant on (date):
,-. f_-l (Not for residential tenancies,' see Civil Code, $ 1953 before using) in the manner specified in a written
(c)r r

commercial lease between the parties.


b.
was served on behalf of all defendants vuho signed a joint written rental agreement.
[--] Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
".
d. fxl Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

Page 2 of3
rJD-lOo
[Rc'..July 1, 2OO5l COMPLAINT_T'NLAWFUL DETAIN ER
JAt't-7-eAtA 1?:P9p FROi'1:
-.1:7815??4

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
9. f-J, Ptaintiff d-einan(tqjpqsses6iotifiom eechiie?€ridan(:because of:erpirationof afixd:{erm:leasq
1
F
0. At.the time lhe Sday notice to pay renl or qvit.'aas serve.d, the anounl€f renl due was $
11 . il Tt-ielaii r.e4!6rlvglue of &e"premisesis,$: .pcr daI.
1.2-r:f Deferifants+. nljriqed f,oslie9ltion,.tr rna{lcious.snd:pl6intif,is entit{ed:t'o:slatutorydamqges,o-rder C-i}de of Civil Frqggdure
seetionr'l174(!)',f€taleisp*nfrEfads,sutpo'liiigdaiairi,iipi.ta 60OInAttdehnentTL)
13.f] A written agreementtetween he parties proviJes ficf qttorney Le-es.
M. fJ De$ndanfS tenancy is subject to the local rent control or eviction Gontrol ordinance 9f (W ot county, tittd ef ofdinance,
anddato'af passage):

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


15. .Cxher allqgiatii.Dns arestrted ini{tbchrnenl f5.
-
16. Flaiafitracaepl,s:theiuiisdictt-olr?l,litii.rl,if.aqy;,eF:the coort
TZ]PLAISNFFR-E.@EST€
e. jtdS$dssfqn irtthE Itremis€s. f. fi ,oamaoes. aJ hg ralestated in ltFr-r d,1 from
b. co-$G inixrned in thibproaeeding: (datel: &reacfidaythat
,G n iiasttirrdr€'ri't of-$ tr6,*obn1s: r_emdn.f-n posseosion thro.ugh edry,A_f Jt dgrnenL
d. Ef] :reasi:nablE atomryfees. 13: 1NA1;RRE E g- fJ"$iafu.tiory damages up to,$600 Tgr the condurl alleged:in
,e- f-l :forfeiture of the:agreernent. itern t2-
n- f-fi o*rer.(svwffy1; sugE orEER ..A-ND F.U8TEE-R
EE-I.f*:EI, .t}'iAt ttig COURF: DEEU-S ,tUS? SNq
P.ROEER
$. [n. Number of pages afte- chgid 6peii,ry]: :t:-
UNt-Al,lfFUt OETAIBERAS-S|STAIII flB - *iP, .fof., Code, 9$ 6.40e-641 5)

19. {Comileteioefl'cdses.I An'snlalnfuldeiaher,rassistan{ l:-l


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

,:+'iAssistanfs hame: T.el9rtlippe ttq;:


-c..
'b. €tree-taddres. B. dty:, and zlp cdd6; d. ftunt11 of reglsiralion
9' Regis-trstl'rn,No.;
f- Eolresor fdateJi'

Date: JANUARY 1, 2A1.A

veflF,rFATjO$l
{lJse a,tfrerent'vertrieilon fitrmif,t}n uerlflerrtiott.s;bf:aifftornEy'grbFdtiffi:ietia,ii6i.!Eitne!ship-}
li,ain:lllg:p.Fit{iff ii}ffi$ftroe€edlngrand have xed'th:in:cornpainLt,apdare undsr pe.nals-of:ped.uryuRd,ejf.le laiGof thq Stalgpf
esffiomib &at the;fqEgelrrg is tfire{nd pojTee}
DaiB: JAISUABt' ?'4 20,10

NICKI,AS A- I]OT'FAMN

UD.10g tFav....iny. ,i, ?0051 GQ M P LAf t{T-U N LAWFUT UETA.I-N EF Prsel gft
EXH IBIT 2

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 Add€ss). IELEPHONE NO FOR COURT USE ONLY

Courtney Gillespie, Melody Castillo, George Mason


c/o 1831 North Lime Street
Porteruiiie, California
'i
r:i-; i
;'rr_ ; :.i
r I

ATTORNEY FOR r/Name): rl:,:i., :, t

NAMEoFcouRr SUPERIOR COURT OF CALIFORNIA, TULARE COTINTY


i; t ;.',:.:
STREETADDRESS 87 EAST MORTON AVENUE i.', ;

MATLTNGADDRess 87 EAST MORTON AVENUE


-ti;...'1,.'. 'r ,:l : r
clT.rANozlpcooe PORTERVILLE. CALIFORNIA. 9325'7 (.,a
-

BRANcH NAME Porterville Division l


PLAINTIFF: H. M. WYSOCKI IRREVOCABLE TRUST
t:
1 ,.,e,/, 4 ..-
\':--. f : ..t
II
;{
DEFENDANT: Courtney Gillespie, Melody Castillo, George Mason
CASE NUMA6R

ANSWER-Unlavvful Detainer PCL 138180

u',,ilnr'"ia fi*' E '- nQb"\ ('tsn/lo ' G<c 07< Yt'as a tJ


answers the complaint as follows:
2 Check ONLY ONE of the next two boxes:
a. [Defendant generally denies each statement of the complaint. (Do not check this box if the complaint demands more
than $1 ,000.
b [_-l Defendant admits that all of the statements of the complaint are true EXCEPT
(1) Defendant ciaims the following statements of the complaint are false (use paragraph numbers from the ccmplaint
or explain)'

| | Continued on Attachment 2b (1).


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

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


3. AFFIRMATIVE DEFENSES (NOIE: For each box checked, you must state brief facts to support it in the space provicled at
the top of page two (iten 3j)).
a.[fonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
b i--l (nonpayment of rent only) Defendant made needed repairs and properly deducted. the cost from the rent, and plaintitf did
not give proper credit.
c [@onpayrnent of rent on!y) An @ate). before the notice to pay or quit expired, defendant
offered the rent due but plaintiff would not accept it.
d. n Plaintiff waived, changed, or canceled the notice to quit
e. [--l Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
f l-_-] By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the
defendant in violation of the Constitution or laws of the United States or California.
S e
TPlaintiff s demand for possession violates the local rent control or eviction control ordinan of (city or county, title
of ordinance, and date of passage):

(Also, biefly state the facts showing violation of the ordinance in iten 3j.)
h f :] Plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired.
i. | /1 Other affirmative defenses are stated in item 3i.

'l ol
Fom Approv€d by lhe Judraai
Council ot Calilomia
UD'105 lRev. Jenuary t.20071
ANSWER-Unlawful Detainer
uD-l05
PLATNTIFF (Name): H. M. WYSOCKI IRREVOCABLE TRUST CASE NUMEER

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

3 AFFIRMATIVE DEFENSES (cont'd)


j Facts supporting affirmative defenses checked above (identify each item separately by its letter from page onel.
WYSOCKI TRUST, by its representatives Nickol Gerritsma and Nicklas Hoffman, sold property rights to
Courtney Gillespie in a land contract. See exhibit "A". There are no rental or lease agreements. All
defendents request that Plaintiff prove any and allclaims to the parcel of property in question.
(1) I-7-l All the facts are stated in Attachment 3j (2) | / I Facts are continued in Attachment 3j
4 OTHER STATEMENTS
a.l-_l Defendant vacated the premises on (date).
b [--l Thefairrental valueof thepremisesallegedinthecomplaintisexcessive (explain)

5 DEFENDANT REQUESTS
a that plaintiff take nothing requested in the complaint.
b ccsts incurred in this proceeding.
c f7'l reasonable attorney fees.
d [--l th at pla intiff be ordered to ( 1 ) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
e

f7l Number of pages attached (specity). f qa


UNLAWFUL DETAINER ASSISTANT (Business angl,Professions Code sections 6400- 6415)
(Must be completed in all cases) An unlavuful detainer assistant M
did not [-.]
OiO for compensation give advice or
assistance with this form. (lf defendant has received any help or advice for pay from an unlav,tful detainer asslslanf, sfale
n ^^i^l^^rr^
^ n>>l>(dtR>
d. ^^-^,
|rdlilE. b Telephone No.:
c. Street address, city, and ZIP:
d. County of registration: e. Registration No.: f. Expires on (date)

\
7
(IYPE OR PRINI NAME) (SIGI]ATURE OF O€FENCANT OR AITORNEY)

)
(TypE oR PRINT NAME) (SIGNATURE oF DEFENOANT oR ATTORNEY)

(Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.l
VERIFICATION
(use a different verification form if the verification is by an attorney or for a corporation or paftnership. )
lam the defendant in this proceeding and have read this answer. ldeclare under penalty of perjury underthe laws of the State of
California that the foregoing is true and correct. Date:

/ol-F
Courtney Gillespie,Melody Castillo/G. Mason
IWPE OR PRINT NAME)

Pag6 Z ol 2
UD'105 [R6v January 1,20071
ANSWER-UnlaMul Detainer
PLAlNrlFFiPErlrloNER: H. M. WYSOCKI TRUST CASE NUMBER:
DEFENDANT/RESpoNDENT: Courtney Gillespie, Melody Castillo, G. Mason PCL 138180

DECLARATION
(This form must be attached to another form or couft paper before it can be fited in courl.)

l. Nicklas A. Hoffman, AGENT OF WYSOCKI TRUST, approached Declarant approximately February 200-l
about buying a piece of properfy together.

2. After consideration of a few different properties, a mutual decision was made on the l0 acre parcel knorvn
as 1831 North Lime street in Porterville, California

3 N. A. Hoffman. AGENT, stated that Declarant and N. A. Hoffman rvould split the properry, and help each
other rvith building 2 residences, subdivide properfy, and share the equitable interest.

-1. Approximately August2004, after installing the power utilities, Melody Castillo and Declarant
moved onto
the proposed 5 acres to be subdivided and sold to Declarant usins a land contract.

5. On or about February 1, 2005, Declarant and Nicklas A. Hoffman, AGENT, signed an agreement to split the
property. Title of property was placed in WYSOCKI TRUST and the property rights was sold to Declarant by
land contract. See exhibit "A".

6. Since that time, WYSOCKI TRUST, it's AGENTS & ASSIGNS, have failed to perform on the conrract.
After numerous requests to WYSOCKi TRUST to subdivide, its ACENTS and ASSIGNS have failed to
sLrbdivide or to file any notice of impending subdivision.

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

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

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

Date:

(SIGNATURE OF DECLARANT)

l-l Attorney for f, ptaintitr l-l petition", Mercnaant


t] Respondent E Otner ,.Specity):

Form Approved tor Optional Us€


Judiciai Council ol Catifomia ATTACHED DECLARATION
MC{31 [R€v July 1, 20051
Pago 1 ot 1
MC-031
PLAI NTIFFiPETITIONER: H. M. WYSOCKI TRUST CASE NUMBER:

DEFENDANTiRESPONDENT: Courtney Gillespie, Melody Castillo, G. Mason PCL 138180

DECLARATION
(This form must be attached to another form or court paper before it can be filed in courl.)

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

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

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

Date 0ll2l12010

Melody Castillo
(TYPE OR PRINT NAME) TURE OF OECLARANT)

fl Attorney for tl Plaintiff I-l Petitione, E(Defendant


E Respondent T Other (Specify):
Fom Approved for Optjonal Use
Judrcial Counql ol Califomia ATTACHED DECLARATION
MC{31 (R€v July 1, 2005) Pag. 1 of I
PLAlNrlFFrPErrrloNER: H. M. WYSOCKI TRUST CASE NUMBER:
DEFENDANT/RESpoNDENT: courtney Gillespie, Melody castillo, G. Mason PCL 138180

DECLARATION
(This form must be attached to another form or court paper before it can be filed in
court.)

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

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

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

Date 0ll21l20l0

Ceorge Mason
(TYPE OR PRINT NAME)

Ptainiiff [-lPetitioner VDefendant

Fom Approvod for OpUonal Use


Judicial Council ot Catitomia ATTACHED DECLARATION
MC-031 [Rov. July 1. 2005]
Pagc 1 ol I

lAme.ican LegalNet. Inc. I

lw.UscourrForm3 @ I
Exhibit
tt
rytt
DO NOT DESTROY THIS NOTE: when paid, this N<)ue and t,he Deed. of
Trust, mus! be surrendered wiEh a request for reconveyance.

Installment Note Secured by Deed of Trust


On or before Ehe f irst day of the second month in t.he year,.::
20LZ A. D. , f or value received, Lhe undersigned, Courtney .:-;:
Gillespie, promise to pay in lawful money of the Unit.ed States',:.
of 'Amerida;I
' The lI M Wysocki Irrevocable TrusE, r et order,
' locaEion, 'the sum of sixty: Eho,rt"hd Uott.t"" .'
designat,ed.,
aE,...,:

(S6q,000) lwit,h inE,eresE, from Ehe date of execut,ion of t.his'rrq


not,e unEil. paid, at, E,he interesE, raEe of 7 p€8,,-cenE, per,r;i1l
annum, ppyable in monthly insE.allments of at leiasE, $500.00,:i';.-;,'
beginning on Ehe first, day of the third month of 2005 and '.'
continuing .monthly t.hereafEer unEil paid in full :
Should. int,erest, noE be so paid, iE shall thereaft.er bear like
inf-eresF.
rarugr s 9 9 is fhe
q9 9aa9 nrinr:ini'l
Y! 5^rv5!/q4 ,
hrrl- qttch unoaid interest Sc l

compounded:shaIl
:r' r' noE, exceed an amounE ecrual,Eo simple inE.ereSE,.,'r.
or=r'Ehe unpaid:principal: aE, the maximum ra.te permiLged, bv 1aw.:..-1i'
.. ' '- -! :,,i ',', '.;:i . 'r'l .i'i;+.1-i4+,1#:.: I :i,fS
shciuld defdult, be mad.e',ln'Cne patment, of any i#iteiiment oe'..i'i'
inE.erest'when due, their Ehe wtiole sum of the princip"t'.tt6,ii:
inEerest,' shalL becorne inne.Ciately due and payabte, dL Lne.;tr'
opElon of thg-tro1der."of-tthis.
'OF noEe.1 tni= note is', secuiea uy 'a;,fji:
certain DEED TRUST to Nicklas Art.hur, as TrusE.ge. .' ,, ,'.-:ii,i
. =.,i:*i
:i,.
rn the event, of voluntary saIe, dny alienation o'lt'borr.r.y3ni"'i,i-9
of ..all or any portion of t,he real propert,y d.escribed in:the-:ir.f:
deed of , qru-3C .se_curing' E,h-i.s ncC.e, - any ind.ebt,edness'. oiff
?brig?:l:li t| eLtIIUer r .ctL
i1',-tl-?-,?!E'ion
LLS.L or-,,lhe :;l?rd?', . *3v#li
irmnediatelyi 1",:".:ld1L,-,
-.t

::and payable.
become due::and
" :,''-
-' '

l..r.i,i,.: ..,^^ :, 1
' "Tf :
.

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

Privat.e t,ransf er of property rights wiChj.n Trust,. Acceptance of f irst.


payment verifies Ehis transfer of propert,y rights to Gourtney GeIIespie
Lir-e eof fowing described propert.y and rA of permit.ced act,ivicy per Count,y
of T\rlare wi-th Ehg obligaEions incurred thereby. Tulare Count,y APN255-
230-004. . .
property DescripE,ion: Of Ehe approximat.ely L0 acre parcel the sout,h 120
feel of:t.he easE half and Ehat, part, of t.he west half excluding Ehe nort.h
1rf} fooF

pa).menEs sha1l be a minimum of $5OO/mont.h wi[h a 7% apr and aII due on


1-15 -20L2 (7yrs) . Tax obligaeion (St.aEe rent) is ret,roacEive t.o
possession and' portion 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


1E31 N I.IME ST
YUKlEKvI&, q >JZ> I

<5 ACRES AT RD 248 & AUE 1?I


1-10-2005 bogl--iug belalco 50,000.
palaraE drtr
3-01-05 i:r!o!.rt rccrued (7t- x.0058/no.) 348.
P a)tlqc tl !
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IL -3&-eE o F t-- J J F
COLN,TNEY GELLESPIE TO H. M. WYSOCKI TRUST
18]1 N LI}{E ST
PORTERVILLE, CA 9]2S?

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


1_10-2005 bogl.-lng baluoc 60,000.
pa)acEt detc
J-Ul-s) lntcrcaE accruad (7t- x.0058/roo,) 348.
Prlmc rE -600.
Balalcc 59,7,18,
4-01-05 intorcst, accruad (7t' x.0058/no.) 347 .
PaleonE -9VU.
Balaacc 59,495,
5-01-05 tatarGsts accrrrod (71. x. 0058,/no. ) 345.
PalBeE! -600.
EaIancc 59,2{0.

M
COURTNEY GELLESPIE TO H. M. WYSOCKI TRUST
1831 N LIME ST
TUKlT,KVI.LrJL, Lfi >JZJ/

<5 ACRES AT RD 248 & AVE 171

t-10-200s beginning balance 60,000.


payment date
3-01-05
payment

4-01-05
pa)rment - 500 .

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

payment -500.
=========-=======================================================
/-uJ--u)
payment -OUU.
=================================================================
d-uJ.-u)
pa)nnenE -600.
=================================================================

payment -600.
=================================================================
IU-UI--U5
palnnenE _./
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =r=l= --n71= ====== === ===== ========

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


POS-030
FOR COUR| USE ONLY
ATTORNEY OR PARTY WTHOUT ATTORNEY (NAME, SIAIE 8AT NUMbCL ANd AddreSS):

Courtney Gillespie, Melody Castillo, George Mason


c/o l83l North Lime street
Porterville, Califon, ia

TELEPHONE NO: F.dX NO. (Oprotal)

€-[.1AlL AODRESS (OPrtotal)

ATTORNEY FOR lName)l

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUIATC


sTREETADDRESs 87 East Morton Avenue
T,TATLINGADDRESS 87 EaSt MOltOn Avenue . .;iil ,
.

crry AND zrp cooE:Porterville, California 93257 t^


!.it'. {)
Porterville Division
BRANcH NArdE:
\
I
:-i''""tl:4/
PErlrloNER/PLAINTIFF: H. M. WYSOCKI IRREVOCABLE TRUST

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

CASE NUMBER

PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVIL PCL 138180

(Do not use this Proof of Service to show service of a Summons and Complaint.)
j . I am over 1 8 years of age and not a pa rty to this action. I am a resident of or employed in the county where the mailing
took olace.

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

3 On (date):0112212010 I mailed from (city and state)


the following documents (specifu):
Answer to Unlawful Detainer '',vith declarations and exhibit "A" attached

l-ff,e documents are listed in the Attachment to Proof of Service by FirslCtass Mait-Civil (Documents Serted)
(form POS-030(D))
I served the documents by enclosing them in an envelope and (check one):
a i7-t depositing ihe seaieci enveiope with the United Staies Posial Sei'vice'"vith the postage fu!ly prepaid.
b f__l placingtheenvelopeforcollectionandmailingfollowingourordinarybusinesspractices. lamreadilyfamiliarwiththis
h,,-i^^^-'!- ^.^^|ice
uu5r tEJ- ) Pt duLl for collecting and processing correspondence for mailing. On the same day that correspondence is
nrenorr fnr nnttoe{inn and mailing, it iS deposited in the ordinarv course of businesS with the United States POStal Service rn

a sealed envelope with postage fully prepaid.


The enveiope was addressed and mailed as follows:
a Name of person served:H. M. WYSOCKI TRUST, Nickol Gerritsma. TRUSTEE; Nicklas Hoflman
b. Address of person served:
H. M. WYSOCK] TRUST Nicklas Hoffman
1614 Bradley street 1831 North Lime street
Visalia, CA93292 Porterville, California 93251

[-me name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Cl a ss M a il-C ivi I (Persons Se rved) (POS-030( P)).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correc't.

Date:0112212010

A,rLu 3 RSON COMPLETING THIS FORM)

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


Form Approved for Oplional U3o
Judicial Council ot Califomia
PROOF OF SERVICE BY FIRST-CLASS MAIL_CIVIL w.coutlinlo.a.gov
POS-030 [N€w January I, 20051 (Proof of Service)
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

.
H . 14 I^IYSOCKI IRREVOCABL
TRUST,

Pl ai nti ff,
VS. NO, PCL 1 381 80
COURTNEY GILLESPIE.

Defendant .

Portervi I 1e, Cal ifornia Harch 23, 2410

REPORTER'S TRANSCRIPT
UNLAWFUL DETAINER PROCEEDINGS
Civil
APPEARANCES:

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


Attorney at
Law

For the Defendant: PRO PER

ANN CAVIN, csR #13189


Tulare County Superior Court
1 Tuesday, March 23 , 2010
2 -o0o-
3 THE C0URT: Wysocki Trust versus G-i I I espi e
4 and Castillo and Mason.
5 Mr. Hason filed an answer, but he has then
6 passed away?
7 DEFENDANT GILLESPIE; He is deceased, yes. He
I djed just a few days before the hearing.
I THE COURT: Okay. you have on1 y one wi tness?
10 MR. GASTON: Yes, Your Honor.
11 THE COURT: 0kay. Go ahead , p'l ease.
12 Stand and rai se your ri ght hand, p'lease .

13 NICKI.AS HOFFT'IAN

14 Produced as a wi tness on behal f of


15 the Plaintiff,
having been first duly
16 sworn, testified as follows:
17
18 DIRECT EMMINATION
19 BY },IR. GASTON :

2A 0. pl ease state your name and spel] your


21 last name for the record.
22 A. My name i s Ni ckl as Hoffman
23 H-O-F-F-M-A-N,
24 0. Are you the owner of the trustees H.I,l.
25 Wysocki Trust?
26 A. Yes, I am.

ANN CAVIN, csR #13189


TuJare Countv Superior Court
1 0. Is that property owned by the is the
2 property at 1838 Ljme Street #A in Porterville, Tulare
3 County, owned. the by trust?
4 A. Yes, it is.
5', 0. And
6 HS . CASTI LLO : Excuse ile , p-l ease , there are
7 some thi ngs from the I ast heari ng that we need to go
I over before we start any tri al .

I THE COURT: Al I ri ght . What was that?


10 MS. CASTILL0: Number one, the minute order
11 i s 'incorrect . It says that George Mason and Courtney
12 Gillespie was here. And unless your recorder can see
13 dead people, he wasn't here. He was deceased at that
14 time. I was the one that was here.
15 THE COURT: Al I ri ght .

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


17 And it
here: Court indicates to
says
18 Plaintiff Nicklas Hoffman that a trustee can't
19 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 l'ls . CASTI LLO : And then


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

ANN CAVIN, csR #13189


Tul are Countv Superior Court
1 record.
2 THE COURT: Does any of that matter?
3 MS. CASTILL0: I don' t know. I don't know i f
4 it matters or not for posterity.
5 THE COURT: All right, Do you plan on
6 submi tt'ing th j s to your posteri ty?
7 l'ls. CASTILL0: f 'm sorry, I j ust dj dn' t want
B it unorder for us to hire an attorney when we didn't
I come with one.
10 THE C0URT: The mi nute orderi s obvi ousl y i n

11 error saying that present, and the


George Hason was
12 i nd'icat'ing that the defendant coul d hi re an attorney
13 was so that the Pl a'inti ff coul d take an attorney,
14 lls. CASTI LL0: And we had a moti on before the
15 Court that's never been responded to for judgment on
16 the pleadings, and I'd ljke a ruling on that before we
17 proceed any further.
18 And I'd like to propose a motion before the
19 Court at thi s ti me that thi s case be d-ismi ssed
20 because
21 THE COURT: Just a mj nute, p1 ease .

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


23 moti on of j udgment of the p'leadi ngs?
24 MR. GAST0N: Fi rst I've heard of i t . Your
25 Honor.
26 HS . CASTI LLO : I have 'i t ri ght here . He ' s

ANN CAVIN, csR #13189


Tulare County Superior Court
1 had over a month to to it.
resPond
2 THE C0URT: Your client did not submit the
3 moti on to you?
4 s i s the fi rst f 've heard
MR, GAST0N: Thi
5 there was a motjon for a judgment on the pleadings,
6 Your Honor.
7 THE C0URT: Al I ri ght , I ' m go'i ng to take the
8 of j udgment for pl ead'ings under submi ss j on
moti on .

I A1 I right. What was your second motjon Yrou

10 wanted to make?
11 MS. CASTILL0: Moti on to di smi ss , because
12 there is two reasons.
13 Essential parties of the case are missing and
14 the other one is the fact that the Unlawful Detainer
15 UD-100 is not a proper action because -it's a land
16 contract that's never been disputed, and there was no
17 rental contract agreement on the pleadings.
18 The UD-100 is for rental of structures.
19 There was never any structure. There is no rent
20 contract, there is no structure, it's bare land. There
21 is no action for bare land, and we were tenants in
22 common, not landlord tenants.
23 And, common tenancy comes under djfferent
24 rules, they don't come under the unlawful detainer
25 action. Thjs is an improper action.
26 THE COURT: All right. I djdn't understand

ANN CAVIN, csR #13189


Tul are Countv Superior Court
1 your argument that necessary parties are not involved.
2 HS. CASTILLO: The property's been deeded to
3 Shawn Ray Enterpri ses . Wysock'i gave up i t ' s j nterest .

4 And Nicklas Hoffman, he's not a trustee of


5 record, he's not an owner of record. There is nothing
6 that can t-ie hjm into it except at one time he dld make
7 a I and contract agreement w-ith us and none of that's
I been ever di sputed before thi s court . There -is no
I evi dence of any I andl ord -tenant rel ati onsh'i p .

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


11 that al I under subm'i ssi on .

12 MS. CASTILLO: I have a copy of the escrow


13 papers that show whothe owners are
14 THE COURT: We' re go'i ng to proceed wi th the
15 tr-ial . I 'l I take that under submi ssi on and rul e at the
16 same time.
17 Go ahead , p-lease .

18 BY MR. GASTON :

19 0. And the property at 1831 North Lime


20 Street # A in Portervjlle, Tu'lare County, is that owned
21 by the Wysockj Trust?
22 A. Yes, it is.
23 0. And August of 2004, di d you enter i nto
24 an agreement wi th Courtney Gi I I espi e and Me'lody
25 Castillo regarding this property?
26 A. No, we di d not .

ANN CAVIN, csR #13189


Tulare County Superior Court
1 0. Was there an agreement?
2 A. February of 2005, there was an
3 agreement .

4 0. 0kay. What was that agreement i n


5 February of 2OO5?
6 A. It was an offer to purchase, and there
7 was a note and whi ch was suppose to be fol I owed by
I subdivision of the property to be done by the note
I holder and then they would give us a trust deed to
10 secure that note and there was no money down. Payments
11 were to be a mj ni mum of $600 per month. That's
12 basi ca1-ly
13 0.
did the defendants follow
And through
14 with the terms of that agreement?
15 A. They made payments of $600 for ei ght
16 months and that's'all and then stopped making payments.
17 MS. CASTI LLO : I obj ect . Rel evance ,

18 THE COURT: 0verrul ed ,

19 BY MR. GASTON:
20 0. the last time the defendants
When was
21 made any payment to you or the Wysocki Trust?
22 A. That woul d have been the fi rst week of
23 0ctober i n 2005.
24 0. What action did you take after the
25 defendants stopped making any payments?
26 A. In January of 2006, I gave them their

ANN CAVIN, csR #13189


Tul are County Superior Court
1 note back and I wrote on it: "Vojd. No agreement.,, I
2 told them that we were no longer interested in pursu.ing
3 their purchase offer and that they should at the
4 same time r asked them to take some time so they could
5 stay on the property for a while to look for another
6 pl ace and save up the-ir money so they can move.
7 f'ls . CASTI LLO : I obj ect . I rrel evant
.

8 THE COURT: 0verrul ed.


I BY I'IR. GASTON:
10 0. so you returned the notice, crossed out
11 and out wrote "Void" on it?
12 A. Yeah, I wrote "Voi d', on i t .

13 0. Tol d them to take thei r t-ime , a few


14 months, then move off.
15 D'id they ever move off the property?
16 A. No, they never di d.
17 0. Di d they ever pay you or make any
1B further payments on the note or any further rental
19 payments after Januany 2006?
20 A. No. October 2005 was the rast time we
21 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 Augustof 2009 when I noti fi ed them that we were
26 interested the trustees of the trust were interested

ANN CAVIN, csR #13189


Tulare County Superior Court
1 i n se1 1
-ing
the property and that they woul d ei ther have
2 to make an offer to purchase the property or make other
3 f iving arrangements.
4 0. And what happened as a result of that
5 conversati on?
6 A. Wel I , they became hosti I e towards us
7 immediately towards the tenants of the property.
I 0. Did you serve a notice on the tenants?
9 A. Yes . When I say they were unw'i1 1 i ng to
10 cooperate and had no jntention of leaving on 0ctober
11 22nd, T had mai I ed to them through the post offi ce a
12 notice to vacate by December 31st of 2009.
13 0. Did they vacate after you mailed them
14 that notice?
15 A. No, they dj d not .

16 0. Djd you give them any further notices?


17 A. Well, he objected to vacating to the
1B property per the notjce and he brought forward our
19 agreement. Our sale agreement of 2005, which we both
20 signed for mediation upon.
21 So I set up a mediation that we both agreed
22 upon and called upon and meet for mediation.
23 0. that mediation with?
Who was
24 A.
That mediation was with the church we
25 both attended at that time, The agreement, made that
26 with the elders of the church Kaweah.

ANN CAVIN, csR #13189


Tulare County Superi or Court
1 0 . And what was the resul t of that
2 medi ati on?
3 A. They said that they
had the money to
4 purchase the property. That they want to pay off the
5 in jt's
note entirety because they were stjll
6 interested in purchasing the property.
7 0. So what happened after that?
8 A. Also, they agreed to apply as per the
I origina1 agreement for the subdjvision of the property
10 within seven days, which they did not, so they
11 defaulted on the mediation agreement.
12 0. So what was the after thi s was a
13 mediation within the church
14 MS. CASTI LLO: Obj ecti on . There i s no
15 evidence of any mediation before this court.
16 THE COURT: He just testified to it.
17 MS. CASTILL0: There wasn't one. We never
18 recei ved one
19 , but there 'i s
THE C0URT: You may d'i sagree
2A ev-idence of it because he testified to it. Your
21 obj ect'ion j s out of I i ne .

22 0verrul ed.
23 MS. CASTILLO: Okay.
24 BY HR. GASTON:
25 0. Is this a copy of what was the result of
26 medi ati on?

ANN CAVIN, csR #13189


Tuj are County Superior Court
1 A. Yes. A copy of thi s was mai I ed to me
2 and suppose to have been mailed to them.
3 0. That is the copy of the original stamp
4 on it?
5 A. Yeah .I have a copy of the ori gi nal .

6 MR. GILLESPIE: With no signatures on it.


7 THE WITNESS: Wi th the church seal and the
I si gnature of the pres-idi ng el der.
I MR, GASTON: I need to show that to you.
10 l'lR. GILLESPIE: Who i s that?
11 MR. GASTON: I don't want that marked, Your
12 Honor, I want the copy marked. I just wanted to show
13 the Court that there is an original.
14 MS. CASTI LLO: f ' ve never been presented wi th
15 that before.
16 MR. GILLESPIE: No signatures, Your Honor.
17 THE COURT: Why i s thi s rel evant?
18 MR. GAST0N: It's just to show that there
19 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 Cast.il I o?
23 MS . CASTI LLO : Yes , p-l ease .

24 BY MR. GASTON:
25 0.after this attempt to mediate, what
So
26 steps were presented that the tenants were go'ing to

ANN CAVIN, csR #13189


Tul are County Superior Court
1 take?
2 A. They were goi ng to adhere to the
3 medi at'ion . They made that apparent .

4 A. But what were the representations that


5 they were going to do as a result of this mediation?
6 What had been agreed to between you?
7 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 THE COURT: Si r, don't i nterrupt hi m j na


13 middle of his testimony, please.
14 THE WITNESS: They woul d appl y for the
15 of the property i n whi ch we woul d
subdi vi si on
16 cooperate the trustees of the trust would cooperate
17 with that when it was injtiated, and then they would
18 purchase. They were going to pay off the note in it's
19 entirety because the notes stipulate that we could
20 i f -it was i n defaul t we coul d demand payment on the
21 ful I note on the ful I amount.
22 0. And you woul d gi ve them a bal ance due?
23 A. Yes.
24 A. Did you do that?
25 A. Yes, I did.
26 0. Is that the copy you presented to them?

ANN CAVIN, CSR #13189


Tu'l are County Superior Court
1 A. Yes, it is?
2 l4R. GILLESPIE: Who js shawn Ray Enterprises?
3 }4R.GAST0N:Ijustneedtoshowthattoyou'
4 I need to give it to the Court.
5 MS. CASTILL0: 0h, I 'm sorry.
6 MR. GILLESPIE: Is Shawn Ray Enterprises here
7 today?
8 THE C0URT: Are you submj tti ng thi s as an
9 exhi bi t?
10 MR. GAST0N : Yes .

11 THECOURT:Doyouhavetheotherexhib'it
12 there, Ms. Castillo?
13 MS. CASTILLO: Yes, I do. I object to both
14 of those exhibits.
15 THE COURT: 0n what basi s?
16 MS. CASTI LLO: Wel I , they' re unfounded .

17 THE C0URT: TheY' re what?


18 MS. CASTILL0: Unfounded . There's no

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

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


21 there being no foundation?
22 MS. CASTILL0: There is nothing to verify or
23 anyth-ing to say that those weren't j ust made up on a
24 computer today.
25 THE COURT: So are you offeri ng these or you

26 j ust wanted them marked?

ANN CAVIN, csR #13189


Tul are County Superior Court
1 MR. GAST0N : Just marked .

2 THE COURT: And your objection is premature.


3 MS. CASTILL0: 0kaY.
4 BY MR. GASTON :

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


6 balance due, Iess the electrical cost?
7 A. Once I presented them with the demand as
B per the med'iati on, he scoffed at me and made i t crystal
I clear that they had not started the process for the
10 subdivision of the property and let me know that they
11 were no way go'i ng to keep the medi at i on agreement '
12 THE C0URT: Who i s he?
13 l'lR. HOFFMAN : Courtney Gi 1 I espi e. I 'm sorry,
14 Your Honor.
15 BY MR. GASTON:
16 0. at that point, did you g-ive them a
And
17 three-day notice to quit?
1B A. I did not g'ive them a three-day
No,
19 notjce to quit at that point. That was later on.
20 a. 0kay . So di d you at some po'i nt gi ve
21 them a three-day notice to quit?
22 A. Yes. They were served.
23 0. Is this a copy of the note attached to
24 the complaint?
25 A. Yes, it is.
26 0. Did you serve that to them on

ANN CAVIN, CSR #13189


Tulare County Superior Court
1 December 28th , 2OO9?
2 A. Yes, it was.
3 0. Are you seeking possession of the
4 premi ses?
5 A. Yes, we are.
6 0, Have the tenants vacate and remove al I
7 their items from the property?
B A. Yes.
I 0. Are you seeking any kind of monetary
10 damages or j ust seeking possession of the property?
11 A. Real 1y, we just want possess-ion of the
12 premi ses .

13 MR. GASTON :
's a1 1 , your Honor.
That
14 THE COURT: All right. lvlr. Gillesp-ie, did
15 you have any questions for Mr. Hoffman?
16 MR. GILLESPIE: yeah, the papers.
17 THE c0uRT: No. Let me we need to c1arify
18 this.
19 I'm trying to do th'is 'in an order'ry manner.
20 This is not your opportunity to testify. you'll have a
21 full opportunity to testify rater on, but if you have
22 any quest'ions for Mr , Hoffman that you want to ask to
23 elicit any relevant evidence, then you can do that,
24 You may not argue with hjm. you may not
25 testify right now. If you have questions for hjm. then
26 th'is is the time to ask him.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 Di d you have any quest'ions for hi m?

2 MS. CASTILLO: I do '

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


4 MR. GILLESPIE: NO.

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


6 cross-exami ne?
7 MS. CASTILLO: Yes.
B

I CROSS- EXAMINATION

10 BY MS. CASTILLO:
11 0. At what ti me di d You Present the
12 Gjllespie's with the rental agreement?
13 A. Never had a rental agreement.
14 0. How many bui I d'i ngs are on the property
15 ri ght now?

16 A. 0n the part you occupy or


17 0. Okay, the part we occupy.
1B A. There are no permanent structures on
19 that part of the property.
20 0. That wasn't my questi on.
21 How many buildings are on there at this time?
22 A. I have no clue.
23 0. You I i ve next door.
24 A. We have not put any bu-il di ngs on the
25 property. There are a lot of portables, sheds, and
26 stuff like that.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 0. So, okay, there are buildings on the
2 property and you just admitted that none of them are
3 yours, right?
4 A. Yeah, w€ have no permanent rentals on
5 the property. Yes.
6 0. So i t's bare I and that we occupi ed when
7 we went over there and we bui I t the property.
B MR. GASTON : Obj ecti on , Your Honor . That ' s
I not a question, it's argument.
10 BY MS. CASTILLO:
11 0. OkaY.
12 So when we moved there or began occupat.ion of
13 that part of the property, was it bare land?
14 A. Yes. It was bare land, that's correct.
15 0. I object to this being an ejectment
16 proceedi ng.
17 THE COURT: It's not an ejectment
'18 proceedi ngs.
19 MS. CASTILL0: I don't want i t to be.
2A THE COURT: Do you have any other questions?
21 MS. CASTILLO: No, that's it at this time.
22 THE C0URT: Any redi rect?
23 l4R, GASTON : Not at thi s t'ime. No, Your
24 Honor.
25 THE C0URT: Any further evidence to present?
26 MR. GAST0N : No, Your Honor.

ANN CAVIN, csR #13189


Tul are County Superi or Court
1 THE C0URT: Are you submi tti ng these
2 exhi bi ts?
3 MR. GASTON: No.
4 THE C0URT: Okay. Al I ri ght , l,lr . Gi I I espi e ,

5 did you want to offer any evjdence?


6 MR. GILLESPIE: Yes, I do.
7 THE C0URT: Al I r-ight . Were you goi ng to
B testi fy?
I MR. GILLESPIE: Yes.
10 THE C0URT: Can you stand and raise your
11 right hand, please, to be sworn,
12
13 COURTNEY GILLESPIE,
14 The Defendant, having been first duly sworn,
15 testi f-ied as fol I ows :

16 MR. GILLESPIE: They talked about that I had


17 to d'ivide the property. I cannot divide the property.
1B It is so convoluted into trust. They told me that the
19 trust, trustee, or the person who had the property
20 would have to divide th-is up.
21 I told him I have $00,000 to pay for it, but
22 he has to divjde. He has to get the dlvis1on of the
23 property. He's denied me this. f've sent him letters
24 back to second response that he needs to divide the
25 property so that we can go through with this land
26 contract, and he's denied me of that.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 For six years, I've paid the power on the
2 property. Paid his power on the property. The power
3 meter comes i nto my property and -it's been i n my name
4 or my father's name, and he refuses to divide the
5 property.
6 THE COURT: "He," is Mr. Hoffman?
7 MR. GILLESPIE: l,|r. Hoffman.
8 MS . CASTI LLO : 0r anyone f rom Wysock'i Trust .

9 THE COURT: Ms. Castillo, he's testjfying


10 ri ght now.
11 MS. CASTI LLO: f 'm sorry .

12 THE COURT: You'l I have a ful I opportuni ty to


13 testi fy.
14 MR. GILLESPIE: We have asked him at that
15 ti me to at I east pay hal f of the power b'i I I . He ' s
16 refused -it .

17 When we had talked to the attorney outside,


18 we said we can come to an agreement here if he wants to
19 pay half of his electricity and pay me $10,000 for
20 -improvements, we can revolve this prob-lem. And they
21 would not resolve.
22 I don't wish to be there. I don't wish to be
23 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

ANN CAVIN, CSR #13189


Tul are County Superior Court
1 majlbox out and jerked it and moved it down 300 feet.
2 It's already been filed in with the postmaster.
3 When the Court tried to send us mail, the
4 mail was gone. So I'd have to come to court and find
5 out what was go'ing on here.
6 The rest of it is in the motions. Your Honor.
7 THE COURT: Anyth'i ng el se?
B MR. GILLESPIE: That's it.
I THE COURT: Do you wish to cross-examine?
10
11 CROSS- EXAMINATION

12 BY MR. GASTON:
13 0. Did you receive the note back from
14 Mr. Hoffman with the "void" back in late 2AO5?

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

16 0. So you d1d recei ve i t?


17 A. Yes. He told me "no. " He says the
18 contract, you can't do it. He says because of the
19 contract on the back. All I had to do was make one
20 payment on it, but he's accepted one years of payment
21 and now he's saying, [o, we can't do this.
22 0. And you haven't made my payments since
23 October of 2005?
24 A. I pa'id his $1 ,000 a month electric bill .

25 a. And you occupy the premises?


26 A. Yes.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 0. You have trailers on the premises?
2 A. I have bu-il di ngs. I have sheds that are
3 there,
4 MS. CASTILL0: I object to that. That's
5 'irrel evant . He's tryi ng to say that we' re doi ng
6 somethi ng i'l 1ega1 I'ike what he put on the three-day
7 notice. And that's slander and libel. Whatever
8 position we're in js because of his refusal to
I THE COURT: Objections overruled.
10 BY MR. GASTON:
11 0. And you have el ectri ci ty hooked up to
12 the sheds and trailers?
13 A. Travel trailers?
14 0. Yes.
15 A. I have a drop yes.
16 0. You've uti I j zed the el ectri c'ity al so?
17 A. Yes, I do. And the agreement js he -is
1B to pay half.
19 0. Do you have a wri tten agreement to that
20 effect?
21 A. Wel I , woul d you pay somebody's
22 electricity for six years?
23 THE COURT: Just answer the question, p'lease.
24 THE WITNESS: No.
25 MR. GASTON: No further questjons.
-lo
26 THE C0URT: Ms . Casti 1 , d j d you have any

ANN CAVIN, csR #13189


Tul are County Superior Court
1 questions for Mr. Gillespie?
2 BY MS. CASTILLO:
3 0. Okay. By el ectri c bei ng hooked up to
4 travel trailers or sheds, did you mean that they're
5 hooked up to the utilities you know, what I mean is
6 that they' re connected d'irectl y?
7 A. No. They can be unpl ugged .

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


I A. No. They can be unpl ugged .

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


11 contract, did he at any time tell you that he could
12 revoke it at at any time or by some alleged group oh
13 wait.
14 Djd he tell you it could be revoked at any
15 ti me?

16 A. No. He said I was trustee, which states


17 it on the contract.
18 0. Read that there.
19 A. Private transfer of property rights
20 within trust except of first payment verifies this
21 transfer of property rights to Courtney Gillespie as
22 followed describes the property of one half permitted
23 acti v'ity per County of Tul are wi th obl i gati ons j ncurred
24 thereby Tulare County jn the APN number property
25 approximately described ten acres 120 south feet do,
26 d?, da.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 Payments shall be paid of $600 a month, seven
2 percent 'i nterest due 1 | 1512012.
3 A. 0kay. When you agreed to thi s , di d you
4 understand it at any time that he could say, "No, I
5 don't want on do bus j ness w-ith you anymore, get off of
6 the property?"
7 A. 0r God tells him that
B 0. No.
I A. or that he doesn't want to.
10 0. Don't whatever God saYS might
11 hearsay. What you bel i eved yourse'lf .

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


13 0. What were the events that I ed up to hi s
14 cancel I ati on or hi s a1 l eged cancel I at-i on of a b-i I ateral
15 contract?
16 A . What i t was i s that we were goi ng to
17 split this, figure out the dlmensions, and spf it this
18 thing 50/50.
19 Welat that time he says that the county
I,
20 takes so much of the road up front, so I would have to
21 allot him for what the county is taking him on the
22 road,
23 0. And how much of the frontage property
24 di d he want?
25 A . feet of my frontage. The
He wanted 30
26 contract says half. It's not half of three or half of

ANN CAVIN, csR #13189


Tul are County Superior Court
1 two. It's half of ten acres.
2 0. What about the draw'ing up of the
3 property? Did the county oh, one question.
4 What happened when you took the divjsions
5 that he wanted to make through the county?
6 . They sai d , flo way we coul d that . you'l I
A
7 have to do 'it straight down the mjddle. county refused
B me on the divisions.
I 0. And di d Ni ckl as agreed wi th sp1 i tt-ing j t
10 down the mi ddl e?
11 A. No, he did not. He wanted it his way.
12 0. And i s that when he decj ded he no 1 onger
13 wanted you there?
14 A . That 's when he sai d, "Nope. ', He says
15 contract ended.
16 0. Did you provide did you put the
17 plumbing in on that property?
1B A. I did ail the plumbing. I djd alt the
19 electrical. I did all the trenching.
20 a. What about I evel-ing?
21 A. I did all the levelling of the land. We
22 he-lped him build that house. we levered --I worked
23 three weekends, which is probably 1zo hours moving dirt
24 to build his house.
25 0. How many bui I di ngs di d you he.lp bui I d
26 there?

ANN CAVIN, csR #13189


Tul are County Superior Court
1 A. Two.
2 0, And at what
a'long was hi s
how far
3 house when he decjded he no longer wanted you there?
4 A. He had just finished it.
5 0. How much of the fenci ng have You
6 provided for that property?
7 A. ve rol I s of sheep wi re. There are
Fj
B probab'ly 200 feet i n each rol I , p1 us two rol I s of
I Barbwi re. I of the si x i nch pi pe. There i s twel ve
Al
10 1O-foot, 6 inch pipes we put in all of the corner
11 posts.
12 0. How much of developing of the land have
13 you done?
14 A. I did all the disking. I did all the
15 underground service,
16 0. And el ectri ca1?
17 A. I did the electrical. I did all of the
18 electrical underground service.
19 0. What i s your qua'li f i cati ons for doi ng
20 el ectri cal and pl umb'ing?
21 A. I 'm a stati onary eng-ineer .

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

23 a stationary engineer?
24 A. Well, it's a skilled trades job. How
25 can I define it.
26 a. What f'm getting at is, what made you

ANN CAVIN, csR #13189


Tul are County Superi or Court
1 qual i fy to do plumbing and electrical?
2 A. Through mY trade of 30 Years.
3 0. And You have
4 A. Certi fi cati ons .

5 0. So about how much monetary I oss woul d


6 you be jf you just walked away from the property right
7 now?
B A. Probabl Y about $30,000.
I 0. Is that including the electrical?
10 A. Wel I , el ectr-ical probabl y runs i nto
11 about $25,000 and you figure another 10-15 for the
12 i mprovements .

13 0 d you have done thi s i f you bel i eve


. Woul

14 you were renting and it was a unilateral agreement?


15 Could you never mind.
16 Would you have done these improvements if you

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


1B MR. : Obj ecti on ,
GASTON
'l
eadi ng .
19 THE COURT: 0verrul ed . Can you answer that
20 questi on?
21 THE !'JITNESS: Yeah .

22 We did a contract , we s'igned


23 THE C0URT: The questi on j s woul d you have
24 done that if you believed you were a renter?
25 THE WITNESS: NO.

26 BY I'IS. CASTI LLO :

ANN CAVIN, csR #13189


Tul are County Superior Court
1 0 . d you bel i eve that you were si gn'i ng a
Di

2 unilateral contract that could be discarded by one side


3 at will?
4 A. No, I did not.
5 0. D'id you f u1 1 y bel i eve that when the
6 contract said that once you made a payment that the
7 private transfer of property rights would be
8 transferred to you as a trustee?
I A. That was his agreement. He wrote that
10 up. I didn't write that and put that language in
11 there. He wrote 'it and he si gned i t '

12 0.Whenyouattemptedtogetinformationon
13 the trust after you were a trustee, what happened?
14 A. He got he didn't want to go into the
15 trust and trustee. And fina1ly, you know, with all of
16 the PI work and research work, w€ finally located it to
17 where everything js at.
1B Yeah, I still don't even know who is the
19 trustee, trustees, or secretaries or any of it. There
20 is no paperwork. I don't even know if he's a trustee'
21 0. So do you feel that Nj ckl as was bei ng
22 what's the term? Gave you full disclosure upon the
23 contract when you made the agreement with them?
24 A. of todaY, flo.
As
25 0. Did you try to did you send not'ices
26 to the only trustee that we could find of record to

ANN CAVIN, csR #13189


Tul are County Superior Court
1 request?
2 A.
Garjshma. Garishma Trust, yeah, with
3 the address that's on the title company and they
4 refused service.
5 0. Ri ght here?
6 Are you saying that the title of
THE COURT:
7 the property is not in Wysocki Trust?
B THE WITNESS: No, it's Garishma, Garishma
I Trust.
10 MS. CASTILLO: No, not Garishma. Here's the
11 example and I have one for you too. Let's see if I can
12 f.ind it.
13 THE COURT: Have you seen thi s?
14 MR. GASTON: No.
15 f'ls . CASTI LLO :
. I got one f or you
Here .

16 This was what the electrjc bill usually run.


17 BY MS. CASTILLO:
1B 0. Do you remember what the interest
19 payments were on the property?
20 A. Seven percent.
21 0. No, what the average
22 A. 0h, the average? No, I do not.
23 0. 0kay. Do you remember what hj s average
24 bill is? The average electricity bill?
25 A. Average el ectr-ici ty bi I I w-i I I run
26 between $600 and $1 200 a month.

ANN CAVIN, csR #13189


Tulare County Superior Court
1 A. And which his half of his share would
2 be?
3 A. Hal f.
4 0. I know. 0f 600, 700, is what?
5 A. Yeah.
6 THE COURT: Thi s i s j ust a copy of the Court
7 m'inute order.
8 MS. CASTI LLO : 0h , okay ,

I THE WITNESS: We di d put i n a separate


10 service meter in December.
11 BY I4S. CASTI LLO:
12 0. And what was js that something that
13 had been di scussed at the church?
14 A. That was discussed at the church to put
15 that i n.
16 0. And what was Mr. Hoffman's response to
17 that?
18 A. He came over and try to run my
19 contractors off.
20 , And then what di d he do? What di d you
0
21 have to do to stop him from
22 A. Well, he took a swing at me and I shut
23 the gate and pushed him down on the ground. So he went
24 ahead and called sheriff's out, and sheriff's had told
25 him to go home. He was trespassing. Then he called
26 the code enforcement out and the code enforcement

ANN CAVIN, csR #13189


Tulare County Superior Court
1 I at i t and sai d al I you're doi ng -is a subpanel
ooked ,

2 and they left.


3 0. Do you feel that Ni ckl as has al J owed you
4 to comply with what you understood had been agreed upon
5 at the church?
6 A. I 'm st'il I wai ti ng on parcel spl i t .

7 0. That's not what I asked.


B A. No, he hasn't. He hasn't come up with
I these agreement.
10 0. What was your understanding of when all
11 of us talked and you felt that there may have been
12 agreement between you and N-ichol as . What di d you get
13 out of it?
14 A. They al I three agreed
that he needed to
15 pay half the electricity and that he needed to do the
16 parcel split so he can get his $60,000 and everybody
17 woul d be happy.
1B 0. And what did they say about the
19 agreement?
20 A. You know, I don't thjnk they ever said
21 about the agreement because when he left, he
much
22 stayed there and they al1 confirmed together. So I
23 don't know what they
24 0. After you left?
25 A. Yeah. They confi rmed after we I eft . So
26 it really wasn't a mediation hearing, jt was more of a

ANN CAVIN, csR #13189


Tul are County Superior Court
1 hang jury.
2 0. You felt it was a hang jury?
3 A. Yeah. You can see because they never
4 put their John Hancock on the paper.
5 0. Did you get a chance to read that?
6 A. Yeah. None of it was true.
7 0. Well, I wouldn't say that. I mean there
I WAS SOME

I THE C0URT: Is that a quest-ion?


10 MS . CASTI LLO: I 'm sorry .

11 BY MS. CASTILLO:
12 0. 0kay. Don't say none of it was true.
13 MR. GASTON: Obj ecti on, your Honor .

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


15 questi on . You ' re ask'i ng hi m a quest'ion?
16 MS. CASTILL0: That was nonresponsive, I'm
17 sorry.
18 BY MS. CASTILLO:
19 0 . Okay. When you I ooked at what he handed
2A you right now, does it look like what was agreed upon
21 at the church?
22 A. f owner
yeah, the hal f owner
Hal
23 subdivision. The subdivisjon they told me no way
24 they're going to subdivide it that way.
25 0. Well, the county probably would have had
26 to tell never mjnd. I'm not going to say it. I

ANN CAVIN, csR #13189


Tul are County Superior Court
31

1 wi thdraw that one.


2 A. the calculated balance this
Yeah you

3 know, th'i s here ('indicating) and demand for payment 15


4 days, thi s was never agreed to.
5 0. Okay. That part was never discussed?
6 A. No.
7 0. So di d you w-itness anyone si gni ng that
I document?
I A. Nope.
10 A. Now, are you famj I i ar wi th
11 A. I know these guys. Yeah, because I go
12 to church with them. Fred Bator, I've known him for 15
13 years.
14 0. d that I ook 1lke hi s si gnature?
Di
15 A.Fred's very proud of his signature and
16 he would have put his signature on there. These other
17 two, maybe
18 0. So, do you believe that that's not a
19 copy of an authent-ic document? Those men could have
20 submi tted to you to hel p you and N-ickl as resol ve
21 your
22 A. If they were the men I
would say the
23 three wise men of Church Kaweah, they would have put
24 thei r signature on it.
25 MR. GASTON: Obj ecti on , specul ati on.
26 THE COURT: Sustai ned ,

ANN CAVIN, csR #13189


Tulare County Superior Court
1 BY MS. CASTILLO:
2 0.Doyoubelieveyouhavedoneeverything
3 you could to resolve the differences between you and
4 Ni ckl as?
5 A. there's ways few ways that
You know
6 we can go. Two or three ways that we can go '
7 He can parce'l sp'l i t i t , get hi s money, get
B his $60,000 that we agreed to, honor the contract that
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
11 know, this can be done with. We don't sit here and
12 have to fight.
13 0. sent out the notices requesting
When we
14 who the board of trustees were and to
15 MR. GAST0N: Does the Court want to try to
16 mediate this thing to try to get this resolved? I
17 mean, I don't know if it can happen.
1B THE C0URT: Yeah , not at thr's t'ime ,

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


20 Your Honor.
21 THE COURT: What are you proposi ng?
22 either honor his
MR. GILLESPIE: He can
23 contract, parcel split jt, get his $60,000 that he
24 agreed to on the note his agreement, or he can pay
25 me half the power for what he's used over sjx years.
26 THE COURT: How much i s that?

ANN CAVIN, CSR #13189


Tul are County Super-ior Court
1 THE WITNESS: might run into $30,000'
It
2 MR. GAST0N: Forget i t , Your Honor '
3 MR. GILLESPIE: I 'm wi'l1i ng
4 THE COURT: Let's j ust go ahead '
5 Do you have any other questions for him?
6 BY HS. CASTILLO:
7 0 . When we attempted the I etters, we sent
8 how many letters did we send to the trustee?
I A. We sent two of them.
10 0. And what happened three days after we
11 sent this second letter?
12 A. We got retal i ati on.
13 0. Whi ch was?
14 A. Thi s here. Was thi s here, ask'ing for
15 the trustee to resolve this.
16 THE COURT: Are you fi ni shed wi th your
17 questi on?
18 MS. CASTILLO: Yes .
19 THE C0URT: Any cross-examination or any
20 further cross?
21 l4R. GASTON : No , Your Honor .

22 THE COURT: Al I r.ight , di d you have any other


23 ev'idence you wanted to present Mr. Gj I I espi e?
24 MS. CASTILL0: Other than the request
'l
25 THE COURT: We1 , you ' 1 t have the
26 full opportunity to present any evidence. I'm asking

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1 j f Mr . Gi I I esp-ie have any?
2 MR. GILLESPIE: No, Your Honor.
3 THE COURT: Al I ri ght . Pls . Cast j I I o, do you
4 have anything else you want to present?
5 MS . CASTI LL0: Yes ,I do .

6 THE COURT:Are you testi fyi ng?


7 MS. CASTILL0: 0h, I need to swear.
8 THE C0URT: You want to be sworn to testify?
I MS. CASTILL0: Yes .

10 THE COURT: Stand and raise your right hand.


11

12 ]'IELODY CASTILLO,
13 The Defendant, having been fjrst duly sworn,
14 testified as follows:
15 THE COURT: 0kay. Go ahead, pl ease,
16 MS. CASTILLO: 0kay.
17 Number one, r didn't want to even enter into
1B an agreement with Mr. Hoffman, but I went with my
19 husband's wishes. when he threw thjs envelope at us
20 that had the marking "void" across the paper, that was
21 the original contract, we were under the understanding
22 that once the money had passed that the contract
23 couldn't be obliterated without a proper lawsuit for
24 some kjnd of breach. We continued, try to pay, but he
25 tore up our checks. we had no because he lives at
26 the same property and receives mail at the same

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1 address, we couldn't send it certified returned
2 receipt, so we continued to pay the electricity
3 because the electricity was the same amount as the
4 interest payments.
5 His electricity was the same amount as the
6 interest payments, so, therefore, he would recejve no
7 damage. The contract was to last a full payment upon
8 2012 wh j ch we fu1 'l
y
pay as soon as we coul d
i ntended to
I get these i ssues resol ved, but he wasn't di vi d'ing the
10 property.
11 to di vi de the property was to
How he wanted
12 have all the frontage road except for a very small part
13 where we can have our entrance at, the county would not
14 go for that.
15 to resolve and have it divided the
He refused
16 way the county would agree to. It's basically up to
17 the county on how that this be done. They're not going
18 to go with just any type of property sp1it, so that was
19 beyond our w-ithout hi s cooperati on, that's beyond
20 our abil ity.
21 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 l4R. GAST0N : Obj ecti on , your Honor . It ' s
25 argumentati ve. It 's not test-imony.
26 THE C0URT: Objectjon sustained.

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1 MS. CASTILLO: This is what I
fu11y berieved
2 at the time he handed it to us, that's why the only
3 resolving we could do at that t'ime without total 1y not
4 paying him so that he could call us derelict is to pay
5 the el ectri c'ity because he refused to accept any other
6 payment.
7 I
fu11y believe that that was the way to keep
8 him from being harmed and for us to remain jn active
I part'ici pati on unti I we coul d get i t resol ved .

10 He let this go on for fjve years wjthout a


11 compl ai nt . There was no comp'lai nt .
There was no
12 modjfication to the agreement. we had until 2012 to
13 come up wi th $60 , 000 , and he was a'l ready recei v-ing
14 i nterest .

15 far as him accelerating the payment in


As
16 December, there was no agreement to accelerate the
17 payment and we were still in limbo as far as getting
1B anything resolved about the property.
19 Th'i s al I came about when i n August he deci ded
20 he wanted to sel I us the property at $2q0,000 after we
21 had a1 ready agreed at $60, 000 . And we bel .ieve that
22 I believe that he put us'in that sjtuation so he could
23 bring us to this point because he wanted to increase
24 hjs profits from the property.
25 Now, he sord our water shares and he kept the
26 proceeds. He sold the $60,000 interest in the property

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Tulare County Superior Court
1 in the ten acres and he kept the proceeds from that,
2 That's all the documentation that you have there.
3 As tenants i n common, w€ were suppose to
4 sp-l 'it the proceeds and so therefore that shoul d go

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


6 not sure lf he's the correct party to be here standing
7 and suing, because we couldn't get any answers from the
I trust j f i ndeed i t even ex'ist . We went to try to fi nd
I anything about the trust. We tried to find meeting
10 records, anything we could find, Nothjng, So the only
11 thing we could come up with is that these trusts were
12 i ntended to keep us f rom ever own'ing the property from
13 the beg'i nni ng and i t was wi th the j ntent to swi ndl e us .

14 I think that the fact that he has refused to


15 work things out with us and has filed this lawsuit
16 slandering our interest in the property, I beljeve is
17 evidence of the fact that that's what he intended to
18 djd was swjndle us. He has suffered no damage from
19 having us there.
20 MR. GAST0N : Obj ect'ion , argument j ve .

21 THE C0URT: You're argui ng, yeah.


22 Now, do you have any other evjdence to
23 present?
24 MS, CASTILLO: 0kay. You got thi s , ri ght?
25 And I have the letters that we sent.
26 THE C0URT: Well, are you offering these into

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Tulare County Superi or Court
1 evi dence?
2 . We have the ori gi nal
|v|S, CASTILL0: Yes .

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


4 second I etter, and I have
5 about the copi es of
THE C0URT: I 'm ta1 k'i ng
6 the recorded documents that you submitted.
7 MS. CASTI LLO : Yes .
I THE COURT: Are you offeri ng those 'i nto
I evi dence?
10 MS. CASTILLO: Yes.
11 THE C0URT: Any obj ect'ion to that?
12 MR. GAST0N: The first two pages, it's Ch-icago
13 Ti tl e report . I don't th'ink i t's anyth'ing spec'ifi c to
14 that.
15 MS. CASTILLO: That shows where the documents
16 came from. That wasn't just
17 THE COURT: As to the recorded documents.
1B it's still with those.
19 MR. GAST0N : No obj ecti on to the recorded
20 documents, Your Honor.
21 THE COURT: Al I rj ght . Let me mark. I 've
22 got a deed of trust recorded January 11th, 2006.
23 MR. HOFFMAN: That was the second mortgage on
24 the property.
25 THE C0URT: From Nickol Gerritsma as trustor
26 and New Parad'igm Hol di ng Company as trustee. And then

ANN CAVIN, csR #13189


Tul are County Superior Court
1 there's a grant deed recorded May 17th, 2A04 from Anne
2 Mjnter, trustee, grants to Nickol Gerritsma, trustee.
3 And then there i s a deed recorded May 17th,
4 2004 a deed of trust with Nickol Gerritsma trustee as
5 trustor and Chi cago t j tl e as trustee, and a part'ia1
6 map.
7 Any objection to those being received?
8 l'lR. GASTON : No , Your Honor .

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


10 Defendant's "8. "

11

12 (Defense Exhibit B marked for


13 i denti fi catj on . )
14
15 Do you obj ect the Ch'icago Ti tl e Company
16 -informati on?
17 l'lR. GASTON : It ' s hearsay. No foundati on .

18 MS. CASTILL0: That's straight from the tax


19 assessors that the second document i s . That's a pub]i c
20 record.
21 THE C0URT: There i s a I etter from Courtney
22 Gillespie to Nickol Gerritsma undated.
23 MS. CASTILLO: No,it's dated. It's up above.
24 THE COURT: Thank you . Dated January 4th ,

25 2010 .

26 MS. CASTI LLO : And here' s

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Tul are County Superior Court
1 THE C0URT: Are you offeri ng that?
2 MS, CASTILLO: Just to show that they never
3 responded to our request for i nformat'ion .

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


5 address. Never responded.
6 THE COURT: So you ' re offeri ng that as an
7 exhi bi t?
8 MS. CASTILLO: Yes .

I THE C0URT: And is thjs suppose to be taped


10 to it?
11 MS. CASTILL0: Yeah , that ' s the that shows
12 that it was sent and this is the
in receipt letter that
13 was recejved, the other one was rejected.
14 THE COURT: Just a moment. Let me show him
15 thi s fi rst.
16 MS.CASTILLO: Uh- -
17 THE C0URT: Just a moment , pl ease.
1B Any objection this this?
19 MR. GASTON: No.
20 I ri ght . Let me have that
THE COURT: Al
21 marked as Defendants "C, " and then you had something
22 e'lse you wanted to submi t?
23
24 (Defense Exhibit C marked for
25 i denti fi cati on . )
26

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Tul are County Superior Court
MS. CASTILLO: Yes.
2 BY MS. CASTILLO:
3 0. Is this a letter that You sent?
4 A. Yes, it is,
5 0. OkaY. And i t shows?
6 A. Thi s was the fi rst one you got . The
7 second one, this was to Wysocki Trust.
8 THE COURT: Have you seen thi s?
I Ariy obj ecti on to that bei ng recei ved?
10 MR. GAST0N: No.
11 THE COURT: We'll mark this Defendant's next
12 in order.
13
14 (Defense Exhibit D marked for
15 i dent'if i cati on . )
16
17 Di d you have any other evi dence , lls .

1B Casti I I o?
19 MS. CASTILL0: I
like for the Court to
would
20 take mandatory judicial notice of the entire record or
21 the case.
22 THE C0URT: Are you ta1 ki ng about the Court
23 file?
24 MS .
LLO: The Court fi I e
CASTI .

25 THE C0URT: Is there something specifical1y


26 you want me to cons'ider i n the Court fi I e?

ANN CAVIN, csR #13189


Tulare County Superior Court
1 MS. CASTILLO: Yes .I have al I of the
2 exhibjts attached to the Court filing the motjons.
3 Almost all of them have been put forth here.

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


5 file.

6 Any other ev-idence you want to present?


7 MS. CASTILLO: No, that's it.
8 THE COURT: Al I ri ght . Dj d you have any
I cross exami nat'ion for her?
10 MR. GAST0N: Yes .
11 THE C0URT:I'm going to stand the objection
12 as to Defendants nA' as no foundation. "B," 'rCn and
13 'D" are received into evidence.
14 CROSS- EXAMINATION

15 BY MR. GASTON:
16 0. Did you receive this notjce to vacate
17 October 21st in the mail? Do you recall receiving
18 that?
19 A. No.
2A a. No further questions.
21 THE C0URT: All right, any rebuttat evidence
22 to present?
23 MR. GAST0N: Yes . We cal I Mr . Hoffman .

24 THE C0URT: Al I ri ght .

25 REBUTTAL

26 Ht

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43

1 BY MR. GASTON:
2 0. You heard thei r questioning your
3 validity as a trustee. Can You respond to that and
4 exp-l ai n to the Court who Ni ckol is?
5 A. Ni ckol Hoffman, H.M. Wysock'i is my

6 mother who is deceased.


7 Nickol Gerritsma is my daughter who is the
8 trustee that js named on the grant deed which holds the
I property in her name as trustee of the H'M. Wysocki
10 Trust so the H.M. Wysocki Trust does own the property
11 currentl y and as of l'lay 2004 .
12 0. trust deed?
And are you also under the
13 A. Yes. I'm a fam'i1Y trustee.
14 MS. CASTILLO: Can I redirect on that?
15 THE C0URT: He ' s not f -i ni shed Yet .

16 BY MR. GASTON:
17 0 .
You've heard the testi mony of the
1B tenants regarding obligations to cooperate with
19 dividing the property; do you have a response to that?
20 A. Yes. The original agreement was for no
21 money down. Instead of a down payment, they agreed to
22 i ni t j ate the subdi v'i s'ion wi th the county , wh j ch we
23 would fu11y cooperate with that, was never done.
24 I have even no evidence that that was never
25 done or any attempt was even made.
26 We woul d have cooperated fu'l 1y had they kept

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Tul are County Super-ior Court
1 the original agreement as per the note.
2 0.So i t was your agreement that they woul d
3 take the actions and you would cooperate with them?
4 A. Yes. It would be done at their expense.
5 Correct,
6 0. There is testimony from the tenants that
7 you failed to cooperate, that you didn't cooperate with
8 them. They couldn't get the they couldn't get
I anything djvjded.
10 A. We never received any documentation to
11 cooperate with. There was never I don't believe
12 that I've ever seen any evidence that any process was
13 injtiated as far as the subdivision of the property.
14 There was no application for subd'ivisjon I never
15 in'iti ated so there was absol utel y noth'ing to cooperate
16 with.
17 And on the sp1 i t, yes, i n November of 2004 we
1B had a djscussion where a disagreement arose about
19 exactl y how the property was to be spl-it .

20 At that ti me I gave Mr. Gi I l esp-ie a check for


21 the full amount that he had paid for the eight months
22 at $0OO and told
him because we don't have an agreement
23 on how the property 'is suppose to be sp1 i t , that we
24 can't go through with it. So I attempted to return all
25 of the payments. It was at that time that he said he
26 wanted to go to the mediation that we agreed upon and I

ANN CAVIN, CSR #13189


Tul are County Superior Court
1 told hjm to go ahead and arrange'it, that I would abide
2 by whatever the result was. They agreed upon
3 medi at'ion . I
ted three months, they never heard
wai
4 anything from them, never recejved any payment. It was

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


6 interested in the property, that's when we returned the
7 note "void" on'it's face and told them we were no
8 longer interested in pursuing any other purchase offers
I and told them to take some time to save up money. They
10 could stay on the property for whatever necessary time
11 they needed to make other living arrangement or look
12 for another piece of property, and that's where we left
13 off jn January of 2006.
14 We I we started
haven't heard anythi ng unti
15 until we asked them this year to move off of the
16 property. So four years of si I ence after us gi vi ng h'im
17 the note and cancel 1 -ing the agreement , they never
18 attempted to renegotjate or negotiate into agreements
19 since then.
20 t'ls. CASTILL0: l{ay I redi rect?
21 THE COURT: He's not done yet .

22 BY MR. GASTON :

23 0 . There i s some testi mony about se'l 1 i ng


24 water share. Do you have any idea about that?
25 A. too expensi ve. We
The water company was
26 weren't usi ng the water, so at the trustee meet'ing we

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Tul are County Superior Court
1 decided to sell the shares to another person who needed
2 the water from the water company as the water was not
-in pl ace
3 even useabl e and i nf rastructure was not even
4 or kept up. So i t was j ust cost"ing us the property
5 ordinance the hundreds of dollars a year for something
6 we hadn't used or could not use, so, YBS, we sold those
7 water shares. We had a right to sell them too.
B Well, there was the thing about testifying
I about the when I came over to inspect the work on
10 the that they were doi ng, but then I have noth'ing
11 el se.
12 A. Nothing further, Your Honor.
13 THE C0URT: Ms . Casti I I o, you wanted to cross
14 exami ne?
15 MS. CASTI LLO: Yes .

16 BY MS. CASTILLO:
17 0. Thi s board of trustees, who was al I on
18 that?
19 A. Myself and my daughter on that.
20 0. So, when you said that Courtney became a
21 trustee on part of it, then you and your daughter could
22 collude to have him be on the board, but you never
23 di scl osed th'i s?
24 MR. GASTON : Obj ecti on , argumentati ve.
25 BY MS. CASTILLO:
26 0. 0kay. Did you ever disclose to Courtney

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Tulare County Superior Court
1 when you s'ignedthe agreement and pai d you that at any
2 time you could shut him out of the board of trustees?
3 A. No.
4 0. Did you disclose the trust by'laws and
5 agreements?
6 A. No,
7 0. But yet he was suppose to be part of the
B body of trustees?
I A. No, he was not .

10 0. Any agreement he was board of the


11 trustees?
12 A. No. He sa'id he accepted the posi ti on.
13 By the next trustee meeting around, he had already
came
14 defaulted and there was no way we were going to accept
15 him as a trustee.
16 0. So you scheduled your meetings when it's
17 conveni ent?
1B A. No, our year'ly meeti ng i s on the second
19 Saturday or third Saturday of January of every year,
2A 0. Did you ever djsclose this to
21 Mr. Gillespie when he signed the contract?
22 A. Yes. I bel'ieve I di d tel I hi m when the
23 next meeting was.
24 0. And the board of trustees could sell the
25 water shares of the property without discussing it with
26 other tenants on the property?

ANN CAVIN, csR #13189


Tulare County Superior Court
1 A. 0f course.
2 0. Wi thout
3 A. PropertY owner.
4 0. What about Shawn Ray Enterpri ses? Who
5 i s that?
6 A. Who i s Shawn Ray Enterpri se? What are
7 you referring to?
8 MR. GASTON: Obj ecti on . Beyond the scope
I of
10 MS . CASTI LLO : Shawn Ray Enterpri ses -i s a

11 critical part, because they also had an 'interest in the


12 property and I want to see jf we were treated the same
13 as Shawn Ray Enterprises.
14 THE COURT: Objection sustained.
15 BY MS. CASTILLO:
16 a. Okay. What date djd you sell the water
17 shares?
1B A. I don't remember. I don't remember what
19 date we sold the water shares. I'm sure it was several
20 it was at least a year after Courtney Gillespie
21 default on his note and sale of purchase agreement.
22 0. Speak'ing of whi ch you sai d somethi ng
23 about negoti at'i ng a new agreement and you had sent some

24 kind of document, djd you 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 0. testified earlier about some
You
2 document that you gave Courtney to make new
3 arrangement- - iv'ing arrangement.
1

4 A. No, I returned the note and I gave him


5 I tol d hi m that 'informati on that we were no l onger
6 interested. I don't have a letter or a note that I
7 attached to that.
I 0. And you said five years of silence. How
I far away do you I i ve from the Gi I I espi e' s?
10 A. Pardon?
11 0. How f ar away do you I-i ve f rom the
12 Gillespie's?
13 A. Well, probably about a hundred feet.
14 0. And how of ten were you com'ing over
15 before al I of thi s started?
16 A. I have no idea.
17 0. How about dai y? 1

18 A. I don't understand the question or the


19 rel evance.
20 0. You claimed that there was no
21 commun'icati on between you and the Gi I I espi e' s that
22 there was silence for five years 4 years.
23 A. There was no communication on the matter
24 of the returned note with "void" and "canceled" across
25 the face of it. There was no communication on that
26 whatsoever.

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Tulare County Superior Court
1 0. If you were cancel'li ng the contract
2 : Obj ecti on . Argumentati ve
MR. GAST0N .

3 THE COURT: Wel I , I di dn't hear the questi on .

4 MS. CASTILL0: Pardon me?

5 THE C0URT: Go ahead and ask your question,


6 p1 ease.
7 BY I,IS. CASTI LLO :
8 0. believe your duties are
What do you when
I you're trying to amend the contract and jt's clear Mr.
10 Gi I I espi e doesn't want to.

11 MR. GAST0N : Obj ectj on . That ' s a I ack of


12 foundat'i on .

13 THE WITNESS: I don't understand the


14 questi on .

15 THE C0URT: I don't understand the quest'ion ,

16 MS. CASTI LLO: He' s cl ai mi ng when he stated


17 that there was silence and nobody ever tried to
18 renegotiate a contract.
19 Our stance is, there was a contract. Why
20 should we negotiate a new one?
21 I want to know why he bel j eved there was
22 silence and no communication between the two of them
23 over negot-iati on of a new agreement when he was over
24 daily on a daily basis, had barbecues at our house.
25 THE C0URT: Di d you have any dj scussj on
26 regarding modification of an agreement?

ANN CAVIN, csR #13189


Tul are County Superior Court
1 THE I^JITNESS: No
2 THE C0URT: 0kay.
3 t'ls. CASTILLO: Mr. Gillespie would you
4 bel'ieve that
5 THE C0URT: He' s testi fyi ng .

6 BY MS. CASTILLO:
7 0. If
felt that there should have been
you
8 a renegotiation, who do you believe duties it was when
I you were the one who was trying to change the contract?
10 HR. GAST0N: Objection asto facts not in
11 evi dence. "Tryi ng to change the contract . " Hi s
12 testimony was that he returned it as being void.
13 THE COURT: I think the question is
14 ambjguous. He's already testified that.
15 Di d you make any attempt to modi fy any

16 agreement?
17 THE WITNESS: No, si r .

18 THE COURT: Di d anybody make any attempts?


19 THE WITNESS: No, si r.
2A THE COURT: Okay. So there is no attempt
21 made. That ' s hi s testi mony.
22 BY MS. CASTILLO:
23 0. are you basi ng your bel lef on
Then what
24 that you, by yourself, can change a contract that's
25 been jn effect for a year and it's for sjx years or
26 seven years?

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Tulare County Superior Court
A. to change anything.
There was no attempt
0. But you're saying there is no contract?
3 A. There is a default of agreement. There
4 is a default of sale agreement.
5 0. Default?
6 A. Defaulted according to the results the
7 note is defaulted upon. Payments were ceased jn
B October of 2005. No payment has been made since. I
I returned the note "void, canceled, no contract." That
10 was the end of it, as far as I was concerned. I never
11 heard any no one's retried to negotiate or trjed a
12 new agreement since then, That's my testimony. I can
13 only say it so many ways.
14 THE C0URT: Any other questions for him?
15 MS. CASTILLO: No, that's it.
16 THE C0URT: Al I ri ght . Anythi ng further?
17 Nope? 0kay.
18 MR. GASTON: No, Your Honor.
19 MS. CASTI LLO: Can he say someth.i ng or I
20 can say lt?
21 BY MS. CASTILLO:
22 0. But how often was Nicklas over to the
23 house whether he was wanted or not wanted?
24 A. or Sundays when we
Everyday on Saturdays
25 had barbecues. He lives a hundred feet away.
26 THE C0URT: Did djd you have any argument as

ANN CAVIN, CSR #13189


Tul are County Superi or Court
1 how I shoul d deci de the ev-idence, Mr. Gi I I espi e?
2 MR. GILLESPIE: It's like I stated before.
3 I'm ng to negot'iate here. There 'is two ways he
wi 1'l i
4 can go. Either he can as a trustee, he can go with the
5 original contract or he can pay me what he owes me on
6 the power and what I've put into the property and we'll
7 leave. But he's accepted a years of payments.
I I don't know if he's pa-id taxes on it or
Now,
I any of this, but the thing of it js he's accepted the
10 money on the contract. And that as a trustee, that's a

11 breach of the contract.


12 THE C0URT: Al I ri ght .

13 Ms. Castillo, do you have any arguments as to


14 how I should decide the matter?
15 MS. CASTILLO: Yes , I do.
16 Th1 s i s cl earl y someth'ing outsi de of the

17 scope of an unlawful detainer. There was no rental


18 agreement and also no bu1lding the land was bought
19 together.
2A l'ly husband put i n al I of the work that
21 Nicklas couldn't do himself and then 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 tools and equipment to scope out the landscape to be
25 able to put hjs house in. We helped him build his
26 house. Once he had no use for us, then he didn't need

ANN CAVIN, csR #13189


Tulare County Superior Court
1 the agreement anymore. He tore up our checks and sa-id
2 we defaulted.
3 The Cal i forn-ia I aw i s very cl ear on that and
4 the Civil Code is when a good faith payment is tendered
5 and rejected, it's a debt forgiven. He cannot
6 THE COURT: What sect-ion are you referring
7 to?
I I don't have it on hand to be
MS. CASTILL0:
I able to present that to you. It's there, and
10 THE COURT: Wel I , i f you' re goi ng to cj te the
11 1aw, you need to tell me what the c'itatjon is.
12 MS. CASTILL0: 0kaY.
13 THE COURT: It's not very helpful for me
14 when you say " f t 's very cl earin the Cal i forni a Code"
15 and not sjte where you're talking about.
16 MS. CASTILL0: Okay, I understand .

17 THE C0URT: Okay, Go ahead , pl ease.


18 . CASTI LLO : Anyway , we di d our best not to
PIS

19 do anything to harm hjm in anyway and he-is in return


20 try'ing to harm us.
21 This is clearly outside the scope of an
22 unlawful detarlner because it needs to be dec'ided who
23 owes what and it can't be it's not a rental
24 agreement, never has been a rental agreement. There
25 wasn't a presumed rental agreement. This js his way of
26 cont'inuing to take whatever we have left.

ANN CAVIN, CSR #13189


Tul are County Superior Court
1 THE COURT: 0kay. Di d you i ncur costs?
2 MR. GASTON : Fi 1 i ng fee.
3 Di d you 'incur a fi 1 i ng fee?
4 MR. HOFFMAN: Yes .
5 MR. GAST0N: I show a cost here of $325.
6 THE COURT: All right. Did you incur costs?
7 Court costs in filing an answer?
8 MS . CASTI LLO: Yes . We had to fi I e $700 .

9 $700 filing fee plus the motjons. It was six


10 something? Yeah, it was almost $ZOO.
11 THE COURT: You don't know what the costs
12 were?
13 l{S . CASTI t the one that pa'id 'it
LL0: I wasn ' .

14 I just handed the money over. Whatever it was, it was


15 to file the motjon for three people.
16 MR. GILLESPIE: I think it was $615 or 20,
17 MS . CASTI LLO: We had to pay for George . He

1B was e1 derl y .

19 THE COURT: No? You don't know how much i t


20 was?
21 MR. GILLESPIE: No, Your Honor, I don't.
22 MS . CASTI LL0: Whatever cost for the c.ivi I

23 matter times three.


24 THE C0URT: AlI right. I wjII take the
25 matter under submission, do my best to sort through
26 from the last of evidence.

ANN CAVIN, csR #13189


Tul are County Superior Court
1 I thjnk my parting word would be, no matter
2 what could be said about th'is case, the word "c1ear'ly"
3 should never have been used jn any of the statements,
4 Thank you.
5
6 (Proceedings concl uded. )

7 -o0o-
8
I
10
11

12
13
14
15
16
17
18
19
20
21

22
23
24
25
26

ANN CAVIN, csR #13189


Tul are County Superior Court
1 STATE OF CALIFORNIA )

2 ) ss.
3 COUNry OF TUI-ARE )

4
5 I, Official Certified
ANN CAVIN, an
6 Shorthand Reporter of the Superior Court of the State of
7 California, do hereby certify:
B That the forego'ing acti on was taken down
I 'in stenographi c shorthand wri ti ng and thereafter
10 transcribed into typewriting, pages 1 through 56, and
11 that the forego'ing transcri pt const'itutes a ful I , true,
12 and correct transcript of said proceedings.
13 Dated : March 23. 201 0.
14
15
16
17
1B

19
20 fi ci al
21

22
23
24
.25
26

ANN CAVIN, csR #13189


Tul are County Superior Court
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


Porterville, California, March 23, 2A10

H. M. WYSOCKI TRUST, No. PCL 138180 Dept. No. 3

Plaintiff, Judge: Honorable Glade F. Roper

VS 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: Andre Gaston

Attorney for the Defendant:

Plaintiff present ( X) Plaintiff not present ( )

Defendant present (X) Defendant not present ()

The trial in this case was heard by the Court March 23,2010. Defendants
moved for judgment on the pleadings and for dismissal for failure to include an
indispensabfe party. Both sides presented oral and documentary evidence and the
matter was submitted.

Defendants noted that the minute order of February 23,2010 was in error in
stating that George Mason was present, since he had died prior to that time, and in
stating that the matterwas continued so that "defendant could hire an attorney." In fact,
the matter was continued for Plaintiff to obtain an attorney since a trust may not appear
in propria persona through one of the trustees.

Defendants' motions are denied.


The facts are muddy at best. None of the witnesses fully explained the
relationship between the parties or the nature of the agreemeni, if any, by which
Defendants have possession of the subject property. -Some negotiations obviously
occurred and apparently the parties felt at one time that they had entered into an
agreement for Defendants to purchase the property. Each side felt the other had
breached the agreement. lt was evident from all testimony that there was no
agreement of any kind by which Defendants are tenants of the property as renters.
Although the complaint alleges an oral agreement for Defendants io parf a
"motorhome" on the prope8, no evidence supported the allegation.

There being no rental agreement, the Three-Day Notice served by plaintiff 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 Notice to euit.

Judgment is entered for Defendants, and Plaintiff is not entitled to any recovery.
Defendants are entitled to costs but because they did not know the costs at the time of
the trial rnust submit a memorandum of costs and formaljudgment consistent this
ruling. ,.CF

Dated. March 23.2010

-2-
EXH IBIT 5

DEFENDANTS WYSOCKI TRUST, NICKLAS


HOFFMAN, AND

NICKOL GERRITSMA CROSS COMPLAINT


0
SUMMONS FORCOURT USE ONLY
(soLo PARA USO DE LA CORTE)
Cross-Complaint
(c tT Acto N J u Dtct A L-co NT RADEM AN DA)
NOTICE TO CROSS.DEFENDANT:
(AVISO AL CONTRA-DEiliANDADO) :
COURTNEY GILLESPIE

YOU ARE BEING SUED BY CROSS.COMPLAINANT:


(LO ESTA DEMANDANDO EL CONTRADEMANDANTE):
.fHE
H.M. WYSOCKI TRUST BY AND THROUGH ITS ETC.ET.AL
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-complalnant. A lett€r 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 you cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you do not file your response on time, you may
lose the case by default, and your wages, money, and property may be taken without further warnlng from the court.
Therg are other legal requlromsnts. You may want to call an attorney right away. lf you do not know an attorney, you may want to call 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 at the California L6gal $ewices Web sito (www,lawhelpcalifomia.org), the Callfornia
Courts Onf ine Self-Help Center (www.eoudinfo.ca.gov/seffhelp), or by contactlng 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 dlsmiss the caso.
Tiene 30 D'AS DE CALENDARIO despues de que te entreguen esta citaci6n y papeles tqates para presentar una respuesta por esqrito
en esl€ cofte y hacer gue so errtregue una copia al contrcdemandante. Una carta o una llamada telef6nica 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 formulario 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 secretario de la corte que le dA un formulario de exencldn cle pago de cuotas, Si no presenta 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 conoce 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 sevicios ,egates
gntuitos de un prcgnma de servicios lqgales sin fines de lucro, Puede encontrarestos grupos sin lTnes de lucro en el sitio web de
California Lega, Se,'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 colegio 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 $10,000 6 m4s de valor reciblda mediante un acuerdo o una
concesi6n de arbitraja en un caso de derecho civil. Tiene que pagar el gravamen de la co,.',e antes de que la cofte pueda desec'ar e/ caso.
The name and address of the court is: SHORT NAME OF CASE (lrcm Complaint). (Nombe de C$o)
(Etnombre y direcciIn de la corte es;; 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 del contrademandante, o del contrademandante que no tiene
abogado, es):
Robert J. Fletcher, Attomey at Law, P.O. Box 824, Tulare , CA 93215 (559) 684- 1795
DArE: V II i-LllliJ Clerk,by'r--' r'.r''"i '*t-fii!
6echa)- (secretario)
,' ;,rrtr'{ i/'p
6diunto)
-
(For proof of service of this summons, use Proof of Service of Summons (form POBtilOl') ''\' ,'

-
(Parapruebadeentrega deesfa citatilnuseel formularioProof of Serviceof Summons (POS-010).)
NOTICE TO THE PERSON SERVED: You are served
{sEArj 1 V1 as an individual cross-defendant.
2. f-] as the person sued under the fictitious name of (specify):

3.

under: {--.-l CCP 416.10 (corporation) [] CCP 416.60 (minor)


l*-l CCp 416.20 (defunct corporation) t_] CCP 416.70 (conservatee)
l-_l CCP 416.4O (association or partnership) [f CCP 416.90 (authorized person)
l--_l other (specify):
4. f71 by personal delivery on (date):
tofi
Fom Adopted for Mandatory Use
Judicial Council of Calilomia SUMMONS_CROSS.COMPLAINT Code ot Civil Procedure, SS 412.20, 428.60, 465
ww.cgudinfo.ca gov
SUM-110 [Rev. July 1.2009]
R. - ::;: J. Fletcher No. 1 19770

.\norney'at Law FILED


rul,qnE su P€Rr o F cou RT
P.O. Box 824 $$|il
Tulare, CA,93274
(sse) 684-1795 Nov 19 ?0111

Attorney for Nicklas Hoffrnan and CLE-RK


the Wysocki Irrevocable Trust URAYNECLEEK,

BY:

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,


Plaintiffs,
l0
VS.
1l
Nicklas Hoffrnaq et. al.
l2 Defendants

13

1A
ta THE I{.M. WYSOCKI IRREVOCABLE
TRUST BY AND TTIROUGH ITS
t) CO-TRUSTEES, NICKOL D.
GERRITSMA AND MCKLAS
r6 HOFFMAN.
1',7
Cross-complainant,
t8
vs.
I9
COURTNEY GILLESPIE, MELODY
GILLESPIE AND ALL PERSONS CROSS.COMPLAINT FOR
20
TJNKNOW}I CLAIMING ANY LEGAL EJECTMENT, DECLARATORY RELIEF,
zl
^1
OR EQUIT,A.BLE RIGHT, TITLE, QUIET TITLE AND DAMAGES
ESTATE, LIEN, OR INTEREST IN THE
22 PROPERTY AI}VERSE TO CROSS-
COMPLATNANT',S TITLE, OR AI{Y
CLOUD ON CROSS.COMPLAINANT'S
TITLE TO TIIE PROPERTY, AND
DOES 1 THROUGH 100 inclusive.

25
Cross-defendants

Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

et.al.
Wysocki lnevocable Trust vs. Gillespie Case No. 10-238
G@P
CO\TES NOW cross-complainant, the H.M. Wysocki Trust by and through its

-. -Trustees, Nickol D. Gerritsma and Nicklas Hoffinan and by way of cross-complaint alleges

j
as follows:
4
L
J
FIRST CAUSE OF ACTION
6
EJECTMENT
I
l. Cross-complainant is, and at all times mentioned was, the owner in fee pursuant
8

q
to that Grant Deed recorded with the oflice of the Tulare County Recorder on

May 17, 2004 as document number 2004-0046807, a copy of which is attached


10

il hereto as Exhibit A and incorporated herein by this reference as though fully set

t2 forth at length, and is entitled to possession of all that real property and

i3 improvements thereon located in the County of Tulare, State of California

t4 commonly known as 1831 North Lime Street, Porterville, California, consisting

l5 of approximately ten (10) acres, more or less, hereinafter referred to as the

lo
"Property" and is more particularly described as:
t7
Lot 10 of Hermosa Orange Colony, County of Tulare,
18 State of California, according to the Map thereof
Recorded in Book ZrPage 131 of Maps, Tulare
19 County Records

20 A.P.N.2ss-23q:q04

2l 2. Cross-complainant is ignorant of the true names and capacities of the

22 cross-defendants sued herein as Does I through 100, inclusive, and therefore sues

23 these cross-defendants by sueh fictitious names and will amend this

24 cross-complaint when that information is discovered. Cross-complainant is

25
informed and believes and based-{hereon alleges that each of the cross-defend

Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

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,

circumstances, events and happenings alleged in this cross-complaint.


,1

3. Cross-complainant is informed and believes and based thereon alleges that


at all
5 times herein mentioned each of the cross-defendants was an agent, servant,

6 employee, partner, joint venturer or surety of each of the remaining

7
cross- defendants, and at all times herein relevant was acting
within the scope and
8 purpose of said servant, employment, agency, partnership, joint
venture or surety
a
relationship with the full knowledge and consent, either express or implied,
of
l0 each of the remaining cross-defendants.

ll 4. On or about February,2005, cross-defendants, Courtney Gillespie and Melody

I2 Gillespie, entered and took possession of approximately one and three quarters
t1
(I-314) acres of the subject Property and has since that time withheld possession

14
of this occupied Properfy from cross-complainant. This occupancy was initiated
t5 under an orally contemplated sales agreement which was understood by the

l6 parties would be fully set forth in writing at such point as a full and final
l1
agreement would be reached by all the parties wherein the different continsenci

l8 known or unknown, were satisfied. This negotiation process resulted


in only two
t9 written memorandums which are the documents attached hereto
as Exhibit B,
20 entitled "Agreement to Terms" and Exhibit C, entitled "Installment Note
Secured
21 by Deed of Trust" each of which documents are incorporated herein by this

22 reference as though fully set forth at lenglh.

5. The document entitled "Agreement to Terms" (Exhibit B) was the only document

z1 actually signed by both cross-defendant courtney Gillespie and wysocki Trust


25 co-trustee, Nicklas Hoffrnan. Noperson associated with wysocki
Trust ever

cross-complaint to euiet Title, For Ejectment, For Declaratory Relief


and For Damages

wysocki lrrevocable Trust vs. Gillespie et.al. case No. l0-23s96r


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-defendants, 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

u that the ongoing negotiations for the contemplated sales agreement were

t2 terminated. The terms that existed in the negotiation prior to, and at, this time o

IJ termination contemplated that the cross-defendants would purchase half of the


IA
ln approximately ten (10) acres owned by cross-complainant and that

t5 cross-defendants would not have to pay any cash money as a down payment fthe
l6 cross-defendants would apply for and obtain the contemplated subdivision of the

ll
Property in a configuration acceptable to all parties and to the County of Tulare

l8 all at cross-defendants' own personal expense. Under the Installment Note


r9 (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 seven (7) percent interest, and did pay the sum of $4,800.00, but failed to take an
'r')
material action to obtain the requisite sub-division approval by either the

cross-complainant or the County of Tulare which led to the tender and delivery o

a check for full refund of the said sum paid, voidance of the proffered Installment

25 Note (Exhibit C) and termination of the negotiation for sale.

cross-complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

Wysocki lrrevocable Trust vs. Gillespie et.al. Case No. 10-23g961


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 has

) any "Deed of Trust" as contemplated by the offered "Installment Note Secured by

6 Deed of Trust" (Exhibit C) ever been prepared or executed or delivered or

accepted or recorded by any of the parties of this action.

I 8. Following the above referenced termination of negotiations for sale,

9 cross-defendants remained in possession of the approximately one and three

r0 quarters (1-314) acres living in their travel trailer they had parked on this Property

ll and paying for Nicklas Hoffman's own personal electrical services direct to the

t2 electrical service company, all in lieu of any other cash rental payments to

IJ cross-complainant, all of which was with the oral permission by

14 cross-complainant until on or about December, 2009 at which time

l5 cross-defendants breached this oral tenancy by installing an electrical sub-panel

16 on the electrical service panel over the objections by cross-complainant's


11
co-trustee, Nicklas Hoffman, and by refusing to relinquish possession of the

l8 occupied property to cross-complainant or enter into a formal written rental

19 agreement for the occupied property all as requested by cross-complainant by and

20 through its co-trustee, Nicklas Hoffrnan, who first made the request to

21 cross'defendants in August, 2009 and continued periodically to make this request

22 through the time of cross-defendants' final breach in December, 2009 by virtue o

23 the installation of the above referenced electrical sub-panel. At all times

24 mentioned herein cross-complainant has performed all obligations required to be

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

cross-complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages

Wysocki Irrevocable Trust vs. Gillespie et.al. Case No. l0-238961


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

cross-complainant has been denied the use and occupation of the property to

cross-complainant's damage in the approximate sum of $1,200.00 per month

4 according to proof and will continue to sustain damages in the sum of


5 approximately $1,200.00 per month as long as cross-defendants withhold

6 possession of the property from cross-complainant.

8
II.
9
SECOND CAUSE OF ACTION
l0 DECLARATORY RELIEF
1l 10. Cross-complainant hereby incorporates by this reference each allegation in

l2 Paragraphs 1 - 8 of the first cause of action above as though fully set forth at

IJ lensth.

t+ 11, An actual and justiciable controversy now exists between the parties as to their
15 respective rights and duties under the above described oral tenancy and proposed

l6 sale ageements. Cross-complainant contends, and cross-defendants deny, that


17 cross-defendants have no right to require cross-complainant to transfer any title

18 interest to any portion of the subject Property to themselves because a full and
lo
complete land sale agteement was never finalized between the parties and.becau

LV the cross-defendants failed to make any material progress towards obtaining, and

21 did not obtain, either agreement to, or authority for, a sub-division lot split

22 acceptable by both cross-complainant and by the County of Tulare.

23 Cross-defendants contend, and cross-complainant denies, that afull and complete

24 land sale agreement was entered into by all relevant parties and that

25 cross-defendants are entitled to reouire specific performance of this contended

cross{omplaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

wysocki Irevocable Trust vs. Gillespie et.al. case No. 10-23g961


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.
, judicial determination of cross-complainant's rights
12. Cross-complainant desires a

5 and duties under the proposed land sale agreement and a declaration of its

6 non-existence or invalidity or its enforceability or non-enforceability or both.

1 13. A judicial determination and declaration is appropriate and necessary at this time

8 in order that the parties may ascertain their respective rights and duties there

9 under.

10 ilL
II THIRD CAUSE OF ACTION
t2 QUIET TITLE
13 t4. Cross-complainant hereby incorporates by this reference each allegation in

l4 Paragraphs I* 8 ofthe first cause ofaction and Paragraph 1 I ofthe second cause

l5 of action above as though fully set forth at length.

t6 l5 Cross-complainant seeks to quiet title against the claims of cross-defendants and

tt each of them as aforesaid. Cross-defendants claims are without any right and

18 cross-defendants have no right, title, estate, lien or interest in the above described

l9 Property all without exception.

20 16. Cross-complainant does not know the exact n€unes? capacities or interests in the

21 Property 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

z) estate, lien or interest in the Property adverse to cross-complainant's title, or any


.\^
cloud on cross-compiainant's title to the Property." Cross-complainant seeks to

25 quiet title in the Property against the claims of each such cross-defendant and

Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For Damages

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 Properry

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 "VOID LATE 2005" and the sales nesotiation was terminated bv


8 cross-complainant.

9 18. The claim of cross-defendants is contingent and uncertain in that at no time

10 mentioned herein has any land sales agreement been accepted by

1l cross-complainant norhas there been any recording of any land sales document

I2 with the office of the Tulare Qounty Recorder, norhas there been any change in

13 the real property tax status with the office of the Tulare County Assessor norhas

t4 any "Deed of Trust" as contemplated by the "Installment Note Secured by Deed

l5 of Trust" (Exhibit C) ever been prepared or executed ar delivered or accepted

l6 or recorded by any of the parties of this action.

t7 WHEREFORB CROSS-COMPLAINANT PRAYS as follows,

I8 0n the first cause pf action:

t9 1. That this Court decree that cross-complainant is entitled to have and recover

20 possession of the Properfy described in Paragraph I of this cross-complaint,


2l 2. That this Court issue its Writ of Execution directed to the Sheriffof Tulare

22 Counfy, California directing the Sheriff to remove cross-defendants and all those

23 claiming by, through or under cross-defendants and to place cross-complainant in

24 possession of the Properfy;

z)

Cross-Complaint to Quiet Title, For Ejectrnent, For Declaratory Relief and For Damages

Wysocki Irrevocable Trust vs. Gillespie et.al. Case No. 10-238961


3. For an award of damages for cross-defendants' wrongful wittrholding of the

z premises in the sum of $40.00 per day from and after December, 2009 according

J to proof until delivery of possession of the Property,

qA A
+. For costs of suit and prejudgment interest according to proof, and

5 5. For such other and further relief as the Court deems just and proper according to

6 proof.

7 On the second cause of action:

8 6. That this Court decree that the subject land sale agreement is void and of no legal

o
effect,

l0 For costs of suit and prejudgment interest according to proof, and

1l 8. For such other and further relief as the Court deems just and proper according to

l2 proof.

IJ On the third cause of actio.n:

t4 9. That this Court decree that all money or money equivalent paid by

l5 cross-defendant since entering into possession of that portion of the subject

i6 Property occupied by cross-defendants shall be retained by cross-complainant as

l1 payment for the fair rental value of the Property according to proof,

l8 10. For damages at the rate of $40.00 per day, from and after December,2}A9

r9 according to proof, for cross-defendants' wrongflrl detention of the premises until

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

LI 11. For a judgment that cross-complainant is the sole owner of the property and that

22 cross-defendants have no interest in the Property adverse to cross-complainant or

z3 any other interest,

24 t2. For costs of suit and prejudgment interest according to proof, and

25

Cross-Complaint to Quiet Title, For Ejectment, For Declaratory Relief and For Damages

Wysocki Irrevocable Tmst vs. Gillespie et.al. Case No. 10-238961


13. For such other and firther relief as the Court deems just and proper according to

2 proof.

4 TIIE H.M. WYSOCKI IRREVOCABLE TRUST


5

6 ickol D. Gerritsma Co-Trustee


7

9 Dated:ll-lb-lD
l0

ll
12 Robert J. Fletcher, Atto

l3

l4
VERIFICATION

l5 I, Nicklas Hoffman, hereby declare as follows:

l6
1. I am a co-trustee of the H.M. Wysocki Irrevocable Trust and I make this
t7
declaration of my own personal knowledge. If called I could and would testi$ competently
l8
hereto.
l9
2. I have read the foregoing cross-complaint and know its contents. The same is
20
to the best of my knowledge, information and/or belief.
2l
I declare under penalty of pedury under the laws of the State of California that the
22
foregoing is true and correct.
23

24
,^r"a,ll- lh - IA
25

Cross-Complaint to Quiet Title, For Ejectnent, For Declaratory Relief and For Damages

Wysocki krevocable Trust vs. Gillespie et.al. Case No. 10-238961


REQUL . BY
RECORDING
CHIC3GO IITLE eU.{PAtiFJ tlfiufffiffifflliilHHHil
AND \IIHEN RTOORDED IVIAIL To eoa4-aa+€€6:7
I ulcor,g D. GERRS'SHA, tggg.1'gg orr#i'Hi&d, MFEE S?8
151d lr. ERADITEY
VI9AIfIA, &, 93292 srueonv-intffimru
rtc0r6rF

ry'v 98:0Sl t7{ry-mf IE


Pagc I af ?

E3croP No. 1057379 - ss


4tttto' 10J73?c-eH- ' spcEr*vErH*ru'Fo.*oorcEfig'€E-
t -
nPN JJ;Jf- O e.3-g.- o g fi}p.A}1J.T nptrn g_rg!s!r,^! p_ascrl tbr
TIIE 6'RA,\$O&S)
DOCIJMEITIIARY TRAI.ISFIIR.TAXIS $bS. rO
fJ ur'norponr.drta EI O.yir poRlaR\rllljrja
f,El -np"r"aa lfi?firltvrluc of thc ilterterorpr6p.{t,cdrE;lcdrorb
fJ *pttto or rtc frtt ralue tcsr tte ratue of liror o6 casurnbil!.r. trea1rbg tinc of -ryr
*,!fi"il.tdffiiffi'#"ffiffi"iffiS:rffiffiffi
;1 61lc,
EoB A VALUAaLE- @NSIDERATION,recEipt ofwhichishcrcbvac&no*tcdmn
recsipt of which is bcrebv acltaorr,lcdrpd.
UNE tt. ldIltTER LnfuGI TRgSf' Esrarr,rspo NOrfisl,BER
2, 7.998

hereby GRANT(S) to
lrIcKoL D. GERRrrgilA, ltssTEE OF rHE F. l.t. rtrgocKr IRRE! oCAtT/E 1RO8T

qefo[d,jrgdescribedrealpropcfiylntlc C{ty of PORTERL:rI&E


{-ounryor TUITARA ,statcofcalifcnic
loT r.o oF HERtrogA onAtrctB colo!ilr, csuNly oF T['LARE, Sl[18 oF clu,rFoRllta, AcconDrNo To
TIIE }IAP TEREOF RE@BDNO IN BOOR 2, PecE 131 OF iilAls, fgLBRB gOUFff RtscpRDg.

APN liro. 255-230-OOA

Dated May 4. 2oO4 A$IiIE ItI. I{IIrIE|R, TRI'3TEE UIMER lEE


AICTE I'. HIN"SR I,I'DTC} I|IUBSI
SIATEOF CAIrISORNIA
@TTNTVOF
qt
f(iIlARE ,
:--l ss /l L-
f'rr brfore-mr. (4 -
L

Tl . 72I , * ,/z.o:
t tlotrry Ptdilbh rrd brreld Courrtyard $af, pcronAy lFFqttd
"",
ANIIB I'1. HINBER

potrondly loown tg rm (q pr€lod b mC on UL bg!! of ||ilnsbry


srldstc.) b be thr psronlr) rvhu nrrrrF) lrlen arbulbxt b the
wltiln indrurnmt and acl@udodgd b ma ttut hc/$cinry ocofid rha
samr ia tblrr/fnk auhorhed ar@t!gr.l, rrd ttar by f,by'ft'l,.]irut
rboatunF) oo $r lFtrsmont ttrc pcrron(s), sr &r artty upon b€hdf of
nfiloh the panon(sl erill4..rEqt!d$r hrtumarr

FOR tSIrFrS€At e gnll|P


Mrlll TA)( STATEMEI.IS TO p RTr S]Sf'fi ON FOIOA,ING UNE lF t{O PAfirY SO $tollil, ftrfiL AS OfrECfEO ABWE

@t -€ta/vrrr
rltLN { "T-C -fgayul i
A*K€b
f'.r"t-.';1;;g : ::ar:sii:: ci prcpert--:t :ights r'-i-]i:n T:-isi- . Ac:e:'Lalc+ ci f lls i
'Jtr.11eni 1.'ei:ia-1es ljr:-s L::a:isf er ci trr:ilJ"rt'/
1r
:::q'ni3 il: Gcur:nelt Ge)..esp::
rL.l:J
i:, ; ^' t ^,.,j - - .i:: rr..i i.:.i t:y.rrna>-a. -i
p:u!=- rr^
a:i\.i ^t trc.i ::-F i tri -\r n-y :-a.rrnrl
:*-I.iW:,li uEi!r!r=!. ;? ui -^..*;
JgJ-$l:LL:-u ce!.rr-Lf, Pg! LvurtL!
oj- T'.::are vi!l::hu rb:igi.ticns incurt-ed iherebi'. Tularc C:un:-v ApNz55-
2 -',1 - JO4 .
PT:pe=i;, Descrlp:lcn: Ci the apprcx.-:-naceJ-y :0 acre pa:ceJ- ch3 scuth 12C
fe:: oi Lhe *asc i:a..f ar:.d r-ha: pari of lhe wesr hal: exc}:iing the norta
- ai 5\^F

s:i:l'l h3 .t nj-rr*nLn of $6C0..'n.Cnih '*i:): a f ? aCr ar:d ail due ;r:


pal,.-rr+nl-,s
:t--i:-21L2 i7i'le) . 'lax cb-]-:,gscion israf-e rent) ,i.s retrcacii-.,'e L l
Lrcssessi.Jrl. crrrd p.ic j-on si:a:i )e iue upo:: Ceina::d pe: Ccunl--:/ ci Tuiare .

'i.h.is :-s a c-i'iv.::e iaw dcc.ment, an;'r aCjr-ldi:ac:c:: lji:d.-L: he ascicn=l .:,y:- '
i:-v ihe c::.u:ch ar' Karseah boarC of elCe;s or 15i1el h,-,.-l: r o: ihr:sti:n rE:.
n=i r'larr A.l
.li ""

T ir.--reh'.-r .;r.'Fnf !fe abC-,re e*e'j'{f,S a::3 pcS. L:on Cf i riisLee t1. the t!'
i^j','sockr T::u;i.

'!'o'9. .1 . sisoct(i 1i"-:s:'


t5l1 s LI;{g gt
_uts.t-6i: : _,
-a

< -5 l\gR€S .iT Fi 24s & iVE 1',?l


L. rl-i005 'rog:lulag b1foa. , 60'
- 'c0'
iirli.gg drlr :ie
-1 -11.-05
ht.3a! .rocr+cd (?i- x,00SS/En.i
-:
gr:atAs '

Belagcc .'
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
!1rJ.i!2 A.D.
-1 '!. ,-' fIJ:c: vair:e
vs!u= receir-/ed.
ts{-s{ -/Es, Ehe
ullc undersigried,
ul:udl.UJ.glrt(lr eeUr-qrigv
"tiu-+!.!ry, t-
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 1

designared locatLon, ihe ffi ;tE.-irir""r."a a"rr. . t


iS.60J 00_0L :i.ritir inieresE fronr itfu dace- f exeeu.Eion of thii .; i
not,e unEil paiil, ai fh{ incereft 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'' )

I 1 r r * f i
r,r.*r&r. r.ft.
si:nul.d :-lcer&gt
Si:nul-d ..& ne
r. l. hryr oti+,
lai{t ir
it sia}f
shall :her#feer
:nergCfeer beai' L:ke
bear like i
interest
i rrilrqF
-..-*T-' as
a< tth=
hthe
-B:"- il-, 'nul JSch .",ut pf,id-Jr"pr Lnieresc so
co:11tr$I'[ied ehd-1
co:tp$h.sed. e : ;-;' ;;,#-"lng.iffi ""tiiJ'u'.
cn rhe
E*ltu qt'].e.iE rr'edaxffi
=$;ry;iu,b:. 1',*.,,i,"
.
.t H';#iif,"un,
H; aiiff5ii"u"r ci .i i,
:.
ShcuLC a*?*qrt
shcuLc def*qlt \u made iq.;4J
{e *u:u rn i{Fen: .r
h*gi= "i,''
i:rterest
:.:iterest whe-rt" j1'3e,
wndan"c'le, rhenpdflefficlefEtFq
rhens{ cr rirg{rinc:.pai anci i,

inberesE' shall''%ecc€e inrgqd.iaceig dci and -pa}'able aL the .,'


cpeion cf the irc].der\fl;th1; noce{ Tili* nce. ir- secure<i b-w a:r",'.
ci-rtain DEED OF ?P*iiSTto ns
N:cie*as Aq-!J€, a€ T:-usEee. ,,.j
' :'-..' iii
{ ;{
I:r r-he er"enl c: rroluni.ary Eaie*t"*y aiie:iaticn cr conveyance
of al1 or an)r porricn of p\grf,aa1 proper!-v describeC j.n the
ceed of ' t,ur:si.-"sryurin3-";fiis ;lcEe, ai:y P-he
i::Cebt,Edness cr
cbligac ion :, hqf-eunapr, F the option cf hoider, may
inmrediately beccme$u and payable
Payor' reserr'es Lhe privilege ard opcio:r c:- prspaying the
within nr-Fc ,: n frrl or parL, 3L irny [ime, wiEhcuE penaiiT
-t

v iles