Motion To Compel

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Courtney Gillespie;
Melody Gillespie;
c/o P.0. Box 8323
Porterville, California
Courtney Gillespie,
Melody Gillespie,
Plaintiffs,
.VS-
Nicklas Hoffman;
Et AI,
.,:,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF TULARE
Case #: 10-238961
NOTICE OF & MOTION OF
Melody & Courtney GillesPie
FOR ORDER COMPELLING DEFENDANTS
TO ANSWER DISCOVERY DEMANDS
PREVIOUSLY SERVED ON THEM;
& FOR SANCTIONS INCLUDING COSTS
&/OR EVIDENTIARY OR DISMISSAL
SANCTION, & FOR AN ORDER RESCHEDULING
THE TRIAL DUE TO DELAY IN ANSWERING
DISCOVERY & INSUFFICIENT TIME TO BRING
SUMMARY JUDGMENTiADJUDICATION
MOTION
& orHER DISPOSITORY MOTTONS, ETC.
HEARTNG DATE:
l[
tMt zotz
DEPT. 7; TIME: 8:30 A.M.
1. TO: THE CLERK OF THE ABOVE NAMED COURT & ALL INTERE,STED
PARTIES IN THE ABOVE ENTITLED ACTION, PLEASE TAKE NOTICE OF
THE FOLLOWING:
tl
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2. On the day otllttkOt2 at the hour of 8:30 a.m., or as soon thereafter as Plaintiffs can be
heard, Plaintiffs Courtney & Melody Gillespie will Move the above named Court &
Dept. 7 Judge Paul Vortman for an Order Directing Defendants / Cross Complainants
Nicklas Hoffman & Nickol Gerritsma to answer the Discovery Requests & Demands of
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Plaintiff Melody Gillespie that were previously served upon them, which they did not
respond to whatsoever in Violation of the Discovery Statutes of Californial for an
Order removing the Case from the Trial Calander, & re scheduling the Trial Date, re
setting Discovery deadlines, & for an Order granting Monetary Sanctions & I or other
Sanctions including Cost of bringing the Motion & Evidentiary or Dismissal Sanctions
against said Defendants, and for an Order rescheduling the Trial date in this Case
based on Delay & Stalling tactics of Defendant Nicklas Hoffman, which Motion is made
upon the following grounds:
(1) This Court, Dept. 7 Judge Paul Vortman has Ruled that this case should be heard on
the merits, & stated that the Gillespies
"are
going to get their discovery" &
"pretrial
Motions" at the hearing on Defendants /Cross Complainants Motion for Bifurcation
on 6 / 22 12012; The Court set a Trial Date & this Court issued an Order thereafter re
opening Discovery in this Case & Establishing Discovery deadlines in the Casel
(2) Plaintiffs previously informed the Court in this Case that they intend to file Dispositive
Motions after obtaining Discovery & filing Motions to Compel Discovery if it is
necessary in this Caseq Without such Orders the Gillespies will be denied their State &
Federal Inalianable Rights to Due Process of Law & a fair impartial hearing or Trial on
the disposition of this Case, which will result in a Gross Miscarriage of Justice, for
which there is no adequate speedy Remedy in the Ordinary coarse of Law.
(3) Plaintiffs herein have served Discovery Demands on Nicklas Hoffman & Nickol
Gerritsma, on two separate occasions, the first time they objected that discovery period
had closed and refused to answer; The second time they have not provided any
response whatever, in total Violation of the Civil Discovery Statutes which has denied
Plaintiffs State & Federal Due Process of Law, & has deprived Plaintiffs of the ability to
prepare Dispositive motions including Summary Judgment Motion, & other dismissal
sanction Motions, or Judgment on the pleadings; & has further denied Plaintiffs the
ability to prepare for Trial;
(4) Such denials have also contributed to a Gross Miscarriage of Justice.
)a
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3. This Motion is based on this Notice, all the Pleadings in the Courts Case file, all
Court Orders & Rulings in the Courts Case file.
4. Wherefore Plaintiffs Pray to the Creator of Universe for the following Relief:
(1) The Court takes Judicial Notice as Requested herein, & as Required by Law, andq
(2) The Court Grants this Motion, andq
(3) The Court issues an Order directing Defendants /Cross Complainants to Answer
the last Discovery Demands that were seived on them immediately & forthwith,&
(4) The Court Orders the Trial Date rescheduled to at least 90 days into the future to
allow for completion of Discovery & for preparation & hearing of Summary
Judgment Motions & other dispositive Motions, &
(5) The Court issue monetary sanctions for the Cost of bringing this motion in the amount
S 250 Dollars, &,
(6) The Court in the alternative issue an evidentiary sanction or a Dismissal Sanction
Dismissing Defendants Cross Complaint;
(7) The Court Grant any other Relief it Deems Right & Proper under all the Facts,
Law & Equities of the Case.
On this day, the-24th-day-of-the-Tenth-month-of-two-thousand-twelve,
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Courtney Gillespie
c/o P.O. Box 8323
Courtney Gillespie,
Melody Gillespie,
Plaintiffs,
-VS-
Nicklas Hoffman;
Et Al,
Case #: 10-238961
MEMORANDUM OF POINTS & AUTIIORITIES
IN SUPPORT OF MOTION OF PLAINTIFFS
Melody & Courtney Gillespie
FOR ORDER COMPELLING DEFENDANTS
TO ANSWER DISCOVERY DEMANDS
PREVIOUSLY SERVED ON THEM;
& FOR SANCTIONS INCLUDING COST
&/OR EVIDENTIARY OR DISMISSAL SANCTION
& FOR AN ORDER RESCHEDULING THE TRIAL
DUE TO DELAY IN ANSWERING
DISCOVERY & INSUFFICIENT TIME TO BRING
SUMMARY JUDGMENTiADJUDICATION MOTION
& OTHER DISPOSITORY MOTIONS
Defendants.
STATEMENT OF FACTS
On June 22,2012 the Court, Dept. 7 Judge Paul Vortman Granted a Motion to Bifurcate
Trials in this Case, and at that hearing stated on the Record that the Gillespies were going
to get their Discovery, & would be able to file the necessary Pretrial Motions, etc. He
thereafter Granted the Motion of Defendants Cross Complainants to Bifurcate the Trials in
this Case,& thereafter set the Trial Date for the
Quiet
Title filed by Cross Complainants. In
so doing the Court omitted any Order reopening Discovery as Required in the California
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Civil Discovery Act under the Code of Civil Procedure. Because this was not done the
Defendants recently refused to comply with Discovery Demands & Requests of the
Gillespies, & only answered the prior served Discovery Demands & Requests with an
objection because the original Trial Date had come and gone & this Court did not issue
an Order Re- Opening Discovery in this Case. Based upon the said objection, the Gillespies
were forced to bring a Motion for an Order re-opening Discovery, & allowing for pretrial
Motions, etc. The Court Granted the Motion for an Order reopening Discovery
and this process took up at least 3* months of time from the first issuance of the first
Discovery Demands to Defendants,until the courts Order Granting reopening of Discovery.
Thereafter Melodv Gillespie re served the said Discoverv Demands & more Discoverv
Demands to Nicklus Hoffmsn & Nickol Gerritsms, & said Defendants Failed & refused to
answer whatsoever, even failing to serve anv written response, not even obiections to the
Discoverv Demands, which has now caused Plaintiffs herein to huve to file this Motion to
Compel Answers to Discoverv, which is now the second Discoverv Motion csused bv
Defendants taking up extra time & takins awav from the time Plaintiffs h)ould have
had to bring a Summarv Judgment Motion or other Dispositive Motions. In addition to
the forsoins, in the recent
psst
Plaintiff Melodv Gillespie slipped & fell inside the Tulare
Countv Superior Court , breaking a bone in her foot. which has also slowed her down to some
degree, having to
go
to a doctor, etc. After her foot has healed, she has hud to work double
shifts ctt work of approximatelv 16 hours, which has taken awav from her abilitv to work on
this Cuse. Plaintiff Courtnev Gillespie also works full time & has been workins overtime
including 6 dav work weeks which tukes swav from his abilitv to work on this Csse. Since the
refusals of ssid Defendants.to answer discoverv, Plaintiffs have served s written meet and
confer letter in a
good
faith attempt to settle the dispute without the necessitv of
going
to court,
which was served bv US Mail on ssid Defendants on October 12, 2012. which was not
responded to bv Defendants, which has now caused the necessitv of bringing this Motion.
Because of the intentional delsvs & stallins. tactics of suid Defendunts Plaintiffs have not had
the opportunitv to obtain discoverv,
prepqre pretrial
Motions, or
prepare
for trial & will not be
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readv for trial at the
present
Trial date, which reqaires that this Court remove the Case from
the trial Calendsr & re schedule it for at least 90 davs in the future,
which Plsintiffs herein
request this Court to do.
ISSUES
I
THE COURT DEPT.7 JUDGE VORTMAN HAS STATED THAT
THIS CASE SHOULD BE HEARD ON THE MERITS & THAT
THE Gillespies
"WILL
GET THEIR DISCOVERY" & AN
OPPORTUNITY TO BRING APPROPRIATE
DISCOVERY & PRETRIAL MOTIONS
A
EVEN AFTER THIS COURT GRANTED THE PRIOR MOTION TO
REOPEN DISCOVERY DEFENDANTS CROSS COMPLAINANTS
NICKLAS HOFFMAN & NICKOL GERRITSMA HAVE FAILED &
REFUSED TO RESPOND IN ANY WAY TO DISCOVERY DEMANDS
SERVED ON THEM BY MAIL ON AUGUST 22 & 25 2012 IN
vIoLArroN?l;;Tf
-$'Jf'"?'i3H'"Jillt?f
sIoNS
B
SAID REFUSALS TO ANSWER DISCOVERY DENIED PLAINTIFFS
THEIR RIGHTS TO ADAQUATELY PREPARE PRETRIAL MOTIONS
& TO PREPARE FOR ANY TRIAL IN THIS CASE WHICH NOW
REQUIRES MORE TIME FOR DISCOVERY & RESCHEDULING OF
THE TRTAL DATE
C
IF THE COURT DOES NOT GRANT THIS MOTION THE Gillespies
WILL BE DENIED THEIR RIGHTS TO STATE & FEDERAL
DUE PROCESS OF LAW & A FAIR IMPARTIAL TRIAL
INCLUDING THE RIGHT TO PREPARE EFFECTIVE
SUMMARY JUDGMENT/ADJUDICATION
MOTIONS
OR OTHER DTSPOSITIVE MOTIONS BEFORE ANY
TRIAL TO DISPOSB OF THE MATTERS BEFORE
THE COURT
INCORPORATION BY REFERENCE
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Movants herein, the Gillespiers hereby incorporate by Reference as if fully set forth herein,
the Discovery Demands served on August 22 & 25 2012 by Mail, on Defendant /Cross
Complainants Nicklas Hoffman & Nickol Gerritsma which are attached as Exhibit # 1 to
the Accompanying Supporting Declaration Served & filed herewith this Motion, which is
hereby made a part of this Motion, which Movants herein Request the Court to take
Judicial notice of Pursuant tot California Evidence Code Section 450-459. Movants further
incorporate by reference as if fully set forth the contents of Exhibit# 2 attached to the said
Supporting Declaration, which are : (1) Good faith Meet & Confer Letter, served by mail
on Nicklas Hoffman & Nickol Gerritsma via their Attorney Robert Fletcher on October 12,
2012; (2) Letters of Attorney Robert Fletcher of 611212012;812412012;911112012;.9129/2012
As set forth in the accompanying Declaration & herein above, the Judge Paul Vortman
stated previously in open Court at the hearing on the Motion of Nicklas Hoffman, Et El to
Bifurcate the Trial in this Case that the Gillespies
"would
get their Discovery", & would be
allowed to file necessary Discovery Motions & Pretrial Motions before any Trial. After
the Defendant Nicklas Hoffman & His Attornev heard this Coart make the above cited
statement that the Gillespies
"would
get
their Discoverv", thev hsve done their utmost best
to make Judge Vortman out to be a Liar, in totallv ignoring the Discoverv Demands served
on Ausust 22 & 25, 2012 bv US First Mail. This has caused this Motion to be filed.
Furthermore, Regarding Discovery Motions,
hereafter, that, there is no Requirement for u Separate Statement in a Discoverv Motion
when there has been no ansreer to the Discoverv. In this case there has been no
response to the Request, whatsoever.
Rule 3.1345. Format of discovery motions:
"(b)
Separate statement not required A separate statement is not required when no
response has been provided to the request for discovery."
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The California Supreme Court sat in Bank in 1961 in the Case of Greyhound Corp. v
Superior Court,56 Cal. 2d 355
[Sac.
No. 7274.In Bank. Aug.3,1961], For the purpose of
settling many outstanding questions concerning, what was then, the new Civil Discovery
Act for the State of California. Since that time the Duties under the Act of Parties to Civil
Actions in Culiforniq have become well settled. The
provisions
of the Act
prettv
h,ell
speak for themselves. California Code of Civil Proiedure Section 2030.210 Mandates the
following regurding Duties to respond to Intenogatories:
2030.210.
(d
The
pqrtv
to whom intewogatories have been
propounded
shall respond in
writing under oath separqtelv to each intewogatorv bv snv of the followins:
(1)
An answer containing the informstion sought to be discovered.(2t An exercise of the
partvts option to
produce
writings.(3) An obiection to the
particulsr
interrogatorv.
(bt
In the first
parasrsph
of the response immediqtelv below the title of the case, there shall
appesr the identitv of the responding nartv, the set number, and the identity of the
propounding partv.
kI Each answer, exercise of option, or obiection in the response
shsll bear the same identifving number or letter and be in the same sequence as the
cowesponding intewogatorv. but the text of thqt interrogatorv need not be repeated.
California Code of Civil Procedure Section CCP 2030.260 Mandates:
CCP 2030.260.
(ut
Within 30 dqvs after service of interrosatories. the
partv
to h'hom the
interyogatories are
propounded
shall serve the original of the response to them on the
propounding partv.
unless on motion of the
propounding partv
the court has shortened the
time for response. or unless on motion of the resoonding nartv the court has extended the time
for
response.
California Code of Civil Procedure Sections 2031.250 & 2031.260 provide the following
regarding demands for inspection, etc. :
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The California Supreme Court sat in Bank in 1961 in the Case of Greyhound Corp. v
Superior Courtr 56 Cal. 2d 355
[Sac.
No. 7274.In Bank. Aug.3,1961], For the purpose of
settling many outstanding questions concerning, what was then, the new Civil Discovery
Act for the State of California. Since thst time the Duties under the Act of Psrties to Civil
Actions in California have become well settled. The
provisions
of the Act
prettv
well
speak for themselves. California Code of Civil Probedure Section 2030.210 Mandates the
following regarding Duties to respond to Interrogatories:
2030.210.
(d
The
partv
to whom interrogatories have been
propounded
shsll respond in
writing under oath separatelv to each interyogstorv bv anv of the following:
(11An
answer containing the informstion sought to be discovered.(2t An exercise of the
psrtv's
option to
produce
writings.(3) An obiection to the
pqrticular
interrogstorv.
(bt
Jn the first
parugrsph
of the response immediatelV below the title of the case, there shsll
appear the identity of the responding
partv,
the set number, and the identitv of the
propounding partv. (cI
Each snsh)er. exercise of option, or obiection in the response
shsll bear the same identifving number or letter and be in the same sequence as the
corresponding interrogatorv, but the text of that intenogatorv need not be repeated.
California Code of Civil Procedure Section CCP 2030.260 Mandates:
CCP 2030.260.
(al
Within 30 davs after service of interrosatories, the
partv
to whom the
interrogstories are
propounded
shall serve the originsl of the response to them on the
propounding partv.
unless on motion of the
propounding partv
the court has shortened the
time for response, or unless on motion of the responding
purtv
the court has extended tlxe time
fouetpaa;g,
California Code of Civil Procedure Sections 2031.250 & 2031.260 provide the following
regarding demands for inspection, etc. :
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"2037.250.
(a)
Th
directed shall sign the response under oath unless the response contains onlv obiections."
"2031.260.
(s)
V
sampling, the
partv
to whom the demand is directed shsll serve the original of the response to
it on the
partv
making the demand, and a copv of the response on sll other
purties
who have
sppesred in the sction, unless on motion of the
partv
making the demand, the court has
shortened the time for response, or unless on motion of the
partv
to whom the demand has
been directed. the court has extended the time for
response."
This Court in its order settins a Trial Date at the 6/ 22/12 hearins allowed about 6 months
before that date for Discoverv & Pretrial Motions, Etc., but fsiled
to stute in itts Order that
it was reopening Discoverv, thereafter the Defendsnts Cross Complainants
plaved
thst
omission to the hilt, even though thev well heard the Courts statement ut the hearing that
the Court intended there to be discoverv, which bad faith tactics exhausted 3 r months in
obtaining sn Order reopening the Record v,ith a clesr Order so there could be no more
excuses bv the Defendants left to dodge or avoid answering Discoverv Demsnd* us the
Discoverv Demands alreadv served are needed to
prove
& support specific sllegutions against
Mr. Hoffman, including that he is a fubricator, s lisr,
periurer
& has no credibilitv as a
witness whatsoever, & has committed knowing fraud & deception on the Gillespies, the
Courts.& the Public, among other criminal conduct which will be used in a Motion to
Dismiss for
Bresch of the Clean Hands Doctrine, & for evidence at snv trial in this
Case. The Discoverv Requests
previouslv
filed in the Court Record in this Case with
the
prior
Motion to reopen Discoverv
, attsched as Exhibit 1, & the responses of Hoffman
via his Counsel speuk for themselves: though he wants further responses from the Gillespies
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to discoverv alreadv answered, Ixe refuses to
provide
snv answers on the merits or to
produce
anvthing requested in recent Discoverv Demands of the Gillespies. The ample Discoverv
Demends served on Nicklas & Nickol in Exhibits uttached to the Declaration in support of
this Motion are essentisl in establishins
qll
matters avewed & claimed bv Plsintiffs in this
appropriate Order Directing Hoffman & Gerritsma to answer on the Merits of the Requests.
or that he be sanctioned if he fails to do so. Also attached us Ex. 2 is the Good faith
attempt
to settle this dispute out of court before bringing this Motion, tehich was served bv mail
on 10/12/2012, which attem,' wss not res -ded to bv H,otfman or his Attornev, but totallv
ignored, which left no choice but to bring this Motion,which this Court is now requested to
Grant,& to issue the appropriate Relief . including an Order removing the Case from the Trial
Calsnder, & rescheduling the trial for 90 davs into the future to allow for completion of
Discoverv & Necessarv Pretrial Dispositive Motions,
previouslv
mentioned herein.
CONCLUSION
Based upon all the foregoing Movants herein respectfully Request that this Court Grant
this Motion & issue an Order Directing Defendants to answer the Discovery previously
served on them, and removing the Case from the trial Calender, rescheduling it for at least
90 days into the future to allow time to complete discovery & pretrial Motions before any
trial is had.Movants also request the court Grant them costs of this Motion as a sanction up
to 250 dollars, or in the alternative issue an Order dismissing the Defendants Cross
Complainants Cross Complaint as a sanction for continuous bad faith delays & tactics
intending to deny due process of law to Plaintiffs, with disregard for the Courts prior
Orders, Statements & intentions, on the Record. Plaintiffs finally request this Court grant
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them any other relief it deems appropriate under all the facts, Equities, & Law of this Case.
Respectfully Presented,
On this day, the-Z4th -day-of-the-Tenth-month-of-two-thousand-twelve,
Courtney Gillespie
Melody Gillespie
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Courtney Gillespie, Melody Gillespie
c/o P.O. Box 8323
Courtne.v" Gillespie.
Melody Gillespie,
Plaintiffs,
-VS-
Nicklas Hoffman;
Et Al,
Case #: 10-238961
DECLARATION OF PLAINTIFFS Gillespies'
IN SUPPORT OF MOTION OF PLAINTIFFS
TO COMPEL ANSWERS TO DISCOVERY. ETC.
Defendants.
l. We the undersigned say & Declare :
2. We were witness to and have direct personal Knowledge of the following matters
of fact & law, & we are competent to testify to the truth of the same if we are
called upon to do so, & we will so testify if called upon.
3. We were present at the hearing before Dept. 7, before Judge Paul Vortman on
June 22, 2012, on the Motion of Defendants / Cross Complainants for'oBifurcation".
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4. At said hearing said Judge clearly stated on the record that the Gillespies
"were
going to get their Discovery" & were going to be able to bring their pre trial
Motions, & whatever Motions were relevant to the Case, before any Trial was had
in the case.
5. Thereafter the Court Granted the Motion for Bifurcstion & set a dqte for Trial.
however the Court failed to to set anv dates for
pretrial
Motions & Discoverv in the
Cuse, & the defbndant Nicklas Hoffman has refused to answer unv Discoverv in
the Case because of the
provisions
in the CCP relating to Discoverv deudlines that
sav there is no Discoverv sllora,ed after 30 davs before the first Trial dq.te set bv the
Court. & the fuct fust the Court hs
come &
gone
due to the
proceedings
in Bqnkruptcv &
proceedings in Federsl
District Court.
6. Nicklas lloffman & his Attorney were at the hearing & heard the Court state that
the Gillespies will get their Discovery, but instead Hoffman, via his Counsel, issued
Objections to the Discovery Requests,which were filed with this Court with the last
Motion to reopen discovery, which the Court can take Judicial Notice of in the Courts
Case File.
7. Since said events the Court Granted the Gillespies Motion to reopen Discovery, which
process took up over 3 months, which has taken away from the time the Gillespies would
have had to prepare pretrial Motions to Dispose of Defendants Cross Complaint in a
Summary Judgment Motion, etc., & to prepare for any Trial in this Case.
8. Now Defendants Nicklas Hoffman & Nickol Gerritsma have totally failed & refused to
provide any response whatsoever to Plaintiffs Discovery Demands Violating the Civil
Discovery Act & Plaintiffs Due Process Rights, which has now denied the Gillespies
the ability to prepare adequate Pretrial Motions, including Summary Judgment/
Adjudication Motion, or other dispositive Motions in this Case, & has denied Plaintiffs
the ability to adequately prepare for Trial, which will result in a Gross Miscarriage of
Justice if this Court does not take immediate Action Correcting the situation including
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issuing an Order rescheduling the Trial Date for at least 90 days into the future to
allow for the completion of Discovery & Pretrial Motions before any Trial.
9. GOOD FAITH ATTEMPT TO MEET AND CONFER :
Since the Discovery Disputes arose in this Case Plaintiffs Gillespies have made atleast2
attempts to settle these matters out of court, to avoid the necessity to bring this Motion,
the first being in June 2012,4 months ago, the second recently mailed to defendants on
October 12r2012, but the attempts were not answered both times, the latest attempt &
settlement proposal being served by mail on said Defendants.
10. If this Court does not Grant this Motion Plaintiffs will be Denied their State & Federal
Due Process Rights, including the Right to Discovery, Preparation of essential Pretrial
Motions, including Summary Judgment / Adjudication Motionl & other Dispositive
Motions to Dispose of the Actions without necessity of Trial, as well as the Right to
adequately Prepare for any Trial, should it become necessary in these Cases.
11. Based upon the foregoing Movants herein request that this Court Grant this Motion &
issue the Relief Requested, & any other Relief the Court Deems Right & Proper under
all the facts, Equities & Law of this Case.
-DECLARATION-
[, Courtney Gillespie, a Plaintiff herein, hereby declare under penalty of perjury
under the Laws of the State of California that the foregoing is true and correct.
I, Melody Gillespie, a Plaintiff herein do declare under penalty of perjury
under the Laws of the State of California that the foregoing is true and correct.
On this day, the- 24th-d,ay- of-the-Tenth -month-of-T.h:lt
?"dfl,
-/:-
<-
,{
Courtne$ illespie
PROOF OF SERVICE
I the undersigned hereby declare under penalfy of perjury under the laws of
the state of California that I served the here attached document described as:
NOTICE OF & MOTION OF Melody & Courtney Gillespie FOR ORDER
COMPELLING DEFENDANT TO ANSWER DISCOVERY DEMANDS PREVIOUSLY
SERVED ON THEM; & FOR SANCTIONS INCLUDING COSTS &/OR
EVIDENTIARY OR DISMISSAL SANCTION, & FOR AN ORDER RESCIIEDULING
THE TRIAL DUE TO DELAY IN ANSWERING DISCOVERY & II{SUFFICIENT TIME
TO BRING SUMMARY JUDGMENT / ADJUDICATION MOTION & OTHER
DISPOSITORY MOTIONS, ETC.
On the day of
/O
12fl2012 on the parties named below at the addresses to follow:
DEFENDANTS NICKLAS HOFFMAN. ET AL.
C/O: ATTORNEY OF RECORD ROBERT J. FLETCHER
P.O. BOX 824, Tulare, Ca. 93274.
Said Service was by personal service at the designated location fro service on Defendants
Attorney Robert Fletcher, 139 E. Tulare, Tulare California. I am not a party to the
within Cause of Action. I am over the age of Eighteen Years . My business address
is:
[934
W. Henderson, Porterville California,93257l P.M.B. #:132. Executed by my
hand on this day,the 24th day of October
,2012,
in the Republic of California,Tulare County
150F15
5
6
1
8
9
10
11
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74
15
L6
L1
18
I9
2A
2I
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23
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2B
EXHIBIT PAGE
INDEX OF EXHIBITS
#1: THE DISCOVERY DEMANDS SERVED ON AUGUST 22 & 25 2012 BY MAIL, ON
DEFENDANT /CROSS COMPLAINANTS NICKLAS HOFFMAN & NICKOL
GERRITSMA
#22 (l) Good faith Meet & Confer Letter, served by mail on Nicklas Hoffman
& Nickol Gerritsma via their Attorney Robert Fletcher on October 12,
2012; (2) Letters of Attorney Robert Fletcher of 6ll2l20t2;812412012;
9llll20l2: 912912012
150F1 5
#L
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,
Melody Gillespie,
-
c/o P.O. Box 8323,
Porterville, C alifomia, 9 325 7
TELEPHONE NO.:
FlxNO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR
lName;:
N.A.
State Bar number, and address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE
221 s. MoonevBlvd.. Visalia. California. 93291-4593
SHORT TITLE OF CASE:
Gillespie VS Hoffmen
FORM INTERROGATORI ES_GEN ERAL
Melody Gillespie
Nicklas Hoffman
I
Asking Party:
Answering Party:
Set No.:
CASE NUMBER:
r0-238961
Sec. 1. Instructions to All Parties
(a) Interrogatories are written questions prepared by a party
to an action that are sent to any other pa(y in the action to be
answered under oath. The interrogatories below are form
interrogatories approved for use in civil cases.
(b) For time limitations, requirements for service on other
parties, and other details, see Code of Civil Procedure
sections 2030.010-2030.410 and the cases construing those
sections.
(c) These form interrogatories do not change existing law
relating to interrogatories nor do they affect an answering
pa(y's right to assert any privilege or make any objection.
Sec. 2. lnstructions to the Asking Party
(a) These interrogatories are designed for optional use by
parties in unlimited civil cases where the amount demanded
exceeds $25,000. Separate interrogatories, Form
lnterrogatories-Limited Civil Cases (Economic Litigation)
(form DISC-004), which have no subparts, are designed for
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be
used in unlimited civil cases.
(b) Check the box next to each interrogatory that you want
the answering party to answer. Use care in choosing those
interrogatories that are applicable to the case.
(c) You may insert your own definition of INCIDENT in
Section 4, but only where the action arises from a course of
conduct or a series of events occurring over a period of time.
(d) The interrogatories in section
'l
6.0, Defendant's
Contentions-Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plaintiffs injuries and damages.
(e) Additional interrogatories may be attached.
Sec. 3. lnstructions to the Answering Party
(a) An answer or other appropriate response must be
given to each interrogatory checked by the asking party.
(b) As a general rule, within 30 days after you are served
with these interrogatories, you must serve your responses on
the asking party and serve copies ofyour responses on all
other parties to the action who have appeared. See Code of
Civil Procedure sections 2030.260-2030.270 for details.
Form Approved for Optional Use
Judicial Council of Califomia
DISC-001
IRev. January 1, 20081
(c) Each answer must be as complete and straightfonruard
as the information reasonably available to you, including the
information possessed by your attorneys or agents, permits. lf
an interrogatory cannot be answered completely, answer it to
the extent possible.
(d) lf you do not have enough personal knowledge to fully
answer an interrogatory, say so, but make a reasonable and
good faith effo( to get the information by asking other persons
or organizations, unless the information is equally available to
the asking party.
(e) Whenever an interrogatory may be answered by
referring to a document, the document may be attached as an
exhibit to the response and referred to in the response. lf the
document has more than one page, refer to the page and
section where the answer to the interrogatory can be found.
(f) Whenever an address and telephone number for the
same person are requested in more than one interrogatory,
you are required to furnish them in answering only the first
interrogatory asking for that information.
(S) lf you are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the privilege or
state the objection in your written response.
(h) Your answers to these interrogatories must be verified,
dated, and signed. You may wish to use the following form at
the end of your answers:
I declare under penalty of perjury under the laws of the
State of California that the foregoing answers are true and
correct.
(DATE) (SIGNATURE)
Sec. 4. Definitions
Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:
(a) (Check one of the following):
t-l (1) INCIDENT includes the circumstances and
events surrounding the alleged accident, injury, or
other occurrence or breach of contract giving rise to
this action or proceeding.
Page 1 of 8
Code of Civil Procedure,
ss
2030.01 0-2030.41 0, 2033.71 0
ww.courtinfo.ca.gov
FORM INTERROGATORIES-GE NERAL
Includes all circumstances. events. & acts
lleged by Plaintiff Melody & Courtney
illespie in the instant Action in Case
:10- 238961
Z tZl
INCIDENT means (insert your definition here or
on a separate, attached sheet labeled "Sec.
(b) You
includes you, your agents, your employees, your insurance
companies, their agents, their employees, your attorneys, your
accountants, your investigators, and anyone else acting on
your behalf.
(c) PERSON includes a natural person, firm, association,
organization, partnership, business, trust, limited liability
company, corporation, or public entity.
(d) DOCUMENT means a writing, as defined in Evidence
Code section 250, and includes the original or a copy of
handwriting, typewriting, printing, photostats, photographs,
electronically stored information, and every other means of
recording upon any tangible thing and form of communicating
or representation, including letters, words, pictures, sounds, or
symbols, or combinations of them.
(e) HEALTH CARE PROVIDER includes any PERSON
referred to in Code of Civil Procedure section 667.7(e)(3).
(f) ADDRESS means the street address, including the city,
state, and zip code.
Sec. 5. Interrogatories
The following interrogatories have been approved by the
Judicial Council under Code of Civil Procedure section 2033.710:
CONTENTS
1.0 ldentity of Persons Answering These Interrogatories
2.0 General Background Information-lndividual
3.0 General Background lnformation-Business Entity
4.0 Insurance
5.0
fReserved]
6.0 Physical, Mental, or Emotional Injuries
7.0 Property Damage
8.0 Loss of Income or Earning Capacity
9.0 Other Damages
10.0 Medical History
11.0 Other Claims and Previous Claims
1 2.0 | nvestigation-General
'l
3.0 Investigation-Surveillance
14.0 Statutory or Regulatory Violations
15.0 Denials and Special or Affirmative Defenses
16.0 Defendant's Contentions Personal Injury
17.0 Responses to Request for Admissions
18.0
[Reserved]
19.0
[Reserved]
20.0 How the Incident Occurred-Motor Vehicle
25.0
[Reserved]
30.0
[Reserved]
40.0
[Reserved]
50.0 Contract
60.0
/Reserved/
70.0 Unlawful Detainer
/See
separate form DISC-0031
101.0 Economic Litigation
[See
separate form DISC-004]
200.0 Employment Law
/See
separaf e form DISC-0021
Family Law
[See
separate form FL-145]
Drsc-001
1.0 ldentity of Persons Answering These Interrogatories
Z
ll State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
re p rod u ce d fhe responses.,)
2.0 General Background lnformation-individual
M z.t state:
(a) your name;
(b) every name you have used in the past; and
(c) the dates you used each name.
Z
Z.Z State the date and place of your birth.
Y
Z.ZAI the time of the INCIDENT, did you have a driver's
license? lf so state:
(a) the state or other issuing entity;
(b) the license number and type;
(c) the date of issuance; and
(d) all restrictions.
V
Z.q At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? lf so,
state:
(a) the state or other issuing entity;
(b) the license number and type;
(c) the date of issuance; and
(d) all restrictions.
M z.s state,
(a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
(c) the dates you lived at each ADDRESS.
M z.o stut",
(a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and
(b) the name, ADDRESS, dates of employment, job
title,
and nature of work for each employer or
self-employment you have had from five years before
the INCIDENT until todav.
[Z z.z state'
(a) the name and ADDRESS of each school or other
academic or vocational institution you have attended,
beginning with high school;
(b) the dates you attended;
(c) the highest grade level you have completed; and
(d) the degrees received.
V
Z A Have you ever been convicted of a felony? lf so, for
each conviction state:
(a) the city and state where you were convicted;
(b) the date of conviction;
(c) the offense; and
(d) the court and case number.
A
Z.g Can you speak English with ease? lf not, what
language and dialect do you normally use?
V
Z.lO Can you read and write English with ease? lf not, what
language and dialect do you normally use?
DISC-001
[Rev. January 1, 2008]
FORM INTERROGATORIES_GENERAL
Page 2 of 8
Y Zll At the time of the INGIDENT were you acting as an
agent or employee for any PERSON? lf so, state:
(a) the name, ADDRESS, and telephone number of that
PERSON: and
(b) a description of your duties.
V
Zn At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or
condition that may have contributed to the occurrence of the
INCIDENT? lf so, for each
person
state:
(a) the name, ADDRESS, and telephone number;
(b) the nature of the disability or condition; and
(c) the manner in which the disability or condition
contributed to the occurrence of the INCIDENT.
Z
ZiS Within 24 hours before the |NC|DENT did you or any
person involved in the INCIDENT use or take any of the
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? lf
so, for each
person
state:
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken;
(d) the date and time of day when each substance was used
or taken;
(e) the ADDRESS where each substance was used or
taken:
3.0
a
(f) the name, ADDRESS, and telephone number of each
person who was present when each substance was used
ortaken; and
(g) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who prescribed or furnished
the substance and the condition for which it was
prescribed
or furnished.
General Background Information-Business Entity
3.1 Are you a corporation? lf so, state:
(a) the name stated in the current articles of incorporation;
(b) all other names used by the corporation during the past
10 years and the dates each was used;
(c) the date and place of incorporation;
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.
3.2 Are you a partnership? lf so, state:
(a) the current partnership name;
(b) all other names used by the partnership during the past
10 years and the dates each was used;
(c) whetheryou are a limited partnership and, if so, under
the laws of what
jurisdiction;
(d) the name and ADDRESS of each general partner; and
(e) the ADDRESS of the principal place of business.
3.3 Are you a limited liability company? lf so, state:
(a) the name stated in the current articles of organization;
(b) all other names used by the company during the past 10
years and the date each was used;
the date and place of filing of the articles of organization;
the ADDRESS of the principal place of business; and
whether you are qualified
to do business in California.
Dlsc,001
V)
3.4 Are you a
joint
venture? lf so, state:
(a) the current
joint
venture name;
(b) all other names used by the joint venture during the
past 10 years and the dates each was used;
(c) the name and ADDRESS of each
joint
venturer; and
(d) the ADDRESS of the principal place of business.
E
g.S
Are you an unincorporated association?
lf so, state:
(a) the current unincorporated association name;
(b) all other names used by the unincorporated association
during the past 10 years and the dates each was used;
and
(c) the ADDRESS of the principal place of business.
E
g.O
Have you done business under a fictitious name during
the past 10 years? lf so, for each fictitious name state:
(a) the name;
(b) the dates each was used;
(c) the state and county of each fictitious name filing; and
(d) the ADDRESS of the principal place of business.
V
Sl Withinthepastfiveyears has any public entity regis-
tered or licensed your business? lf so, for each license or
registration:
(a) identify the license or registration;
(b) state the name of the public entity; and
(c) state the dates of issuance and expiration.
4.0 lnsurance
V
ql
At the time of the INGIDENT, was there in effect any
policy of insurance through which you were or might be
insured in any manner (for example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
the damages, claims, or actions that have arisen out of the
INCIDENT? lf so, for each policy state:
the kind of coverage;
the name and ADDRESS of the insurance company;
the name, ADDRESS, and telephone number of each
named insured;
the policy number;
the limits of coverage for each type of coverage con-
tained in the policy;
(a)
(b)
(c)
(d)
(e)
V
n
(f) whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
company; and
(g) the name, ADDRESS, and telephone number of the
custodian of the policy.
4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INGIDENT? lf
so, specify the statute.
[Reserved]
Physical, Mental, or Emotional Injuries
6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (/f your answer is "no," do not
answer interrogatories 6.2 through 6.7).
6.2 ldentify each injury you attribute to the INCIDENT and
the area of your body affected.
(c)
(d)
(e)
a
5.0
6.0
V
n
DISC-oo'1
lRev.
January
'1,
20081
FORM INTERROGATORIES_GE N ERAL
Page 3 of I
E
O.S Do you still have any complaints that you attribute to
the INCIDENT? lf so, for each complaint state:
(a) a description;
(b) whether the complaint is subsiding, remaining the same,
or becoming worse; and
(c) the frequency and duration.
A A.+ Did you receive any consultation or examination
(except from expert witnesses covered by Code of Civil
Procedure sections 2034.210-2034.310) or treatment from a
HEALTH CARE PROVIDER for any injury you attribute to
the INCIDENT? lf so, for each HEALTH CARE PROVIDER
state:
(b) the type of consultation, examination, or treatment
provided;
(c) the dates you received consultation, examination, or
treatment: and
(d) the charges to date.
E
O S Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? lf so,
for each medication state:
(a) the name;
(b) the PERSON who prescribed or furnished it;
(c) the date it was prescribed or furnished;
(d) the dates you began and stopped taking it; and
(e) the cost to date.
E
O.O Are there any other medical services necessitated by
the injuries that you attribute to the INCIDENT that were not
previously listed (for example, ambulance, nursing,
prosthetics)? lf so, for each service state:
(a) the nature;
(b) the date;
(c) the cost; and
(d) the name, ADDRESS, and telephone number
of each orovider.
V Al Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries
that you attribute to the INGIDENT? lf so, for each injury
state:
(a) the name and ADDRESS of each HEALTH CARE
PROVIDER:
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the
treatment.
7.0 Property Damage
l{ | 7.1 Do you attribute any loss of or damage to a vehicle or
other property to the INCIDENT? lf so, for each item of
propefty:
(a) describe the property;
(b) describe the nature and location of the damage to the
property;
Drsc-001
(c) state the amount of damage you are claiming for each
item of property and how the amount was calculated; and
(d) if the property was sold, state the name, ADDRESS, and
telephone number of the seller, the date of sale, and the
sale price.
Z
l.Z Has a written estimate or evaluation been made for any
item of property referred to in your answer to the preceding
interrogatory? If so, for each estimate or evaluation state:
(a) the name, ADDRESS, and telephone number of the
PERSON who prepared it and the date prepared;
(b) the name, ADDRESS, and telephone number of each
PERSON who has a copy of it; and
(c) the amount of damage stated.
V)
Z.S Has any item of property referred to in your answer to
interrogatory 7.1 been repaired? lf so, for each item state:
(a) the date repaired;
(b) a description of the repair;
(c) the repair cost;
(d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;
(e) the name, ADDRESS, and telephone number of the
PERSON who paid for the rePair.
8.0 Loss of Income or Earning Capacity
V
Al Do you attribute any loss of income or earning capacity
to the INCIDENT? (/f your answer is "no," do not answer
interrogatories 8.2 through 8.8).
17 s.z state'
(a) the nature of your work;
(b) your job tltle at the time of the INGIDENT; and
(c) the date your employment began.
E
a.s State the last date before the INGIDENT that you
worked for compensation.
V
A.+ State your monthly income at the time of the INCIDENT
and how the amount was calculated.
E
A S State the date you returned to work at each place of
employment following the INCIDENT.
E
g
O State the dates you did not work and for which you lost
income as a result of the INCIDENT.
V
g.l
State the total income you have lost to date as a result
of the INCIDENT and how the amount was calculated.
E
a.a Will you lose income in the future as a result of the
INCIDENT? lf so, state:
(a) the facts upon which you base this contention;
(b) an estimate of the amount;
(c) an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-o01
[Rev.
January 1,2008]
FORM INTERROGATORIES-GEN ERAL
Page 4 of 8
9.0 Other Damages
Z
g.l
Are there any other damages that you attribute to the
INCIDENT? lf so, for each item of damage state:
(a) the nature;
(b) the date it occurred;
(c) the amount; and
(d) the name, ADDRESS, and telephone number of each
PERSON to whom an oblioation was incurred.
A
g.Z
Do any DOCUMENTS support the existence or amount
of any item of damages claimed in interrogatory 9.1? lf so,
describe each document and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT.
10.0 MedicalHistory
Z
rc: At any time before the INGIDENT did you have com-
plaints or injuries that involved the same part of your body
claimed to have been iniured in the INCIDENT? lf so. for
each state:
(a) a description of the complaint or injury;
(b) the dates it began and ended; and
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or
who examined or treated vou.
l{ | 10.2 List all physical, mental, and emotional disabilities you
had immediately before the INGIDENT. (You may omit
mental or emotional disabilities unless you attribute any
mental or emotional injury to the INCIDENT.)
f
f O.e At any time after the INCIDENT, did you sustain
injuries of the kind for which you are now claiming
damages? lf so, for each incident giving rise to an injury
state:
(a) the date and the place it occurred;
(b) the name, ADDRESS, and telephone number of any
other PERSON involved;
(c) the nature of any injuries you sustained;
HEALTH CARE PROVIDER who you consulted or who
examined or treated you; and
(e) the nature of the treatment and its duratlon.
1 1.0 Other Claims and Previous Claims
11.1 Except for this action, in the past'10 years have you
filed an action or made a written claim or demand for
compensation for your personal injuries? lf so, for each
action, claim, or demand state:
(a) the date, time, and place and location (closest street
ADDRESS or intersection) of the INCIDENT giving rise
to the action, claim, or demand;
(b) the name, ADDRESS, and telephone number of each
PERSON against whom the claim or demand was made
or the action filed,
Dtsc-001
(c) the court, names of the parties, and case number of any
action filed;
(d) the name, ADDRESS, and telephone number of any
attorney representing you
;
(e) whether the claim or action has been resolved or is
pending; and
(f) a description of the injury.
V
f.2 In the past 10 years have you made a written claim or
demand for workers' compensation benefits? lf so, for each
claim or demand state:
(a) the date, time, and place of the INCIDENT giving rise to
the claim;
(b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;
(c) the name, ADDRESS, and telephone number of the
workers'compensation insurer and the claim number;
(d) the period of time during which you received workers'
compensation benefits;
(e) a description of the injury;
(f) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who provided services; and
(g) the case number at the Workers' Compensation Appeals
Board.
12.0 Investigation-General
V
n: State the name, ADDRESS, and telephone number of
each individual:
(a) who witnessed the INGIDENT or the events occurring
immediately before or after the INCIDENT;
(b) who made any statement at the scene of the INCIDENT;
(c) who heard any statements made about the INCIDENT by
any individual at the scene; and
(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
claim has knowledge of the INCIDENT (except for
expert witnesses covered bv Code of Civil Procedure
section 2034).
V
p.z
Have YOU OR ANYONE ACTING ON YOUR
BEHALF interviewed any individual concerning the
!NCIDENT? lf so, for each individual state:
individual interviewed
;
(b) the date of the interview; and
PERSON who conducted the interview.
Y
Q3 Have YOU OR ANYONE ACTING ON YOUR
BEHALF obtained a written or recorded statement from any
individual concerning the INCIDENT? lf so, for each
statement state:
individual from whom the statement was obtained;
(b) the name, ADDRESS, and telephone number of the
individual who obtained the statement;
(c) the date the statement was obtained; and
PERSON who has the original statement or a copy.
DISC-oo'1
[Rev.
January 1, 2008]
FORM INTERROGATORIES_GEN E RAL Page 5 of 8
Y
n.q Do
yoU
oR ANyoNE AcrNG oN
youR
BEHALF
know of any photographs, films, or videotapes depicting any
place, object, or individual concerning the INCIDENT or
plaintiffs injuries? lf so, state:
(a) the number of photographs or feet of film or videotape;
(b) the places, objects, or persons photographed, filmed, or
videotaped;
(c) the date the photographs, films, or videotapes were
taken;
individual taking the photographs, films, or videotapes;
and
(e) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the
photographs, films, or videotapes.
Sn
25 Do YOU OR ANYONE ACTING ON YOUR BEHALF
-
know of any diagram, reproduction, or model of any place or
thing (except for items developed by expert witnesses
covered by Code of Civil Procedure sections 2034.210-
2034.310) concerning the INCIDENT? lf so, for each item
state:
(a) the type (i.e., diagram, reproduction, or model);
(b) the subject matter; and
PERSON who has it.
Vf
12.6 Was a report made by any PERSON concerning the
-
(a) the name, title, identification number, and employer of
the PERSON who made the report;
(b) the date and type of report made;
PERSON for whom the report was made; and
PERSON who has the original or a copy of the report.
f,
tz.t Have YOU OR ANYONE ACTING ON YOUR
BEHALF inspected the scene of the INCIDENT? lf so, for
each inspection state:
individual making the inspection (except for expert
witnesses covered by Code of Civil Procedure
sections 2034.210-2034.3 1 0); and
(b) the date of the inspection.
1 3.0 Investigation-Surveillance
@
lS.t Have YOU OR ANYONE ACTING ON YOUR BEHALF
conducted surveillance of any individual involved in the
INCIDENT or any party to this action? lf so, for each sur-
veillance state:
individual or party;
(b) the time, date, and place of the surveillance;
individual who conducted the surveillance; and
PERSON who has the original or a copy of any
surveillance photograph, film, or videotape.
Dtsc-001
V
B.ZH".
"
*itt"n report been prepared on the
surveillance? lf so, for each written report state:
(a) the title;
(b) the date;
individual who prepared the report; and
PERSON who has the original or a copy.
'14.0 Statutory or Regulatory Violations
A
u.t Do
you
oR ANyoNE AcrNG oN
youR
BEHALF
contend that any PERSON involved in the INCIDENT
violated any statute, ordinance, or regulation and that the
violation was a legal (proximate) cause of the INCIDENT? lf
so, identify the name, ADDRESS, and telephone number of
.
each PERSON and the statute, ordinance, or regulation that
was violated,
Z
U2 Was any PERSON cited or charged with a violation of
any statute, ordinance, or regulation as a result of this
INCIDENT? lf so, for each PERSON state:
PERSON;
(b) the statute, ordinance, or regulation allegedly violated;
(c) whether the PERSON entered a plea in response to the
citation or charge and, if so, the plea entered; and
(d) the name and ADDRESS of the court or administrative
agency, names of the parties, and case number.
15.0 Denials and Special or Affirmative Defenses
A
rc: ldentify each denial of a material allegation and each
special or affirmative defense in your pleadings and for
eacn:
(a) state all facts upon which you base the denial or special
or affirmative defense;
(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and
(c) identify all DOGUMENTS and other tangible things that
support your denial or special or affirmative defense, and
state the name, ADDRESS, and telephone number of
the PERSON who has each DOCUMENT.
16.0 Defendant's Contentions-Personal Injury
V
rc: Do you contend that any PERSON, other than you or
plaintiff, contributed to the occurrence of the INCIDENT or
the injuries or damages claimed by plaintiff? lf so, for each
PERSON:
(a) state the name, ADDRESS, and telephone number of
the PERSON:
(b) state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and teleohone number of the PERSON who has each
DOCUMENT orthing.
Z
rc.2 Do you contend that plaintiff was not injured in the
INCIDENT? lf so:
(a) state all facts upon which you base your contention;
(b) state the names, ADDRESSES, and telephone numbers
(c) identify aIIDOGUMENTS and othertangible things that
DOCUMENT or thing.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES_GEN ERAL
Page 6 of 8
l/ | 16.3 Do you contend that the injuries orthe extent of the
injuries claimed by plaintiff as disclosed in discovery
proceedings thus far in this case were not caused by the
INCIDENT? lf so, for each injury:
(a) identify it;
(d) identify all DOGUMENTS and other tangible things that
DOCUMENT or thing.
f]
lO.+ Do you contend that any of the services furnished by
any HEALTH CARE PROVIDER claimed by plaintiff in
discovery proceedings thus far in this case were not due to
the INCIDENT? lf so:
(a) identify each service;
DOCUMENT or thing.
|-_] f O.S Do you contend that any of the costs of services
furnished by any HEALTH CARE PROVIDER claimed as
damages by plaintiff in discovery proceedings thus far in
this case were not necessary or unreasonable? lf so:
(a) identify each cost;
(d) identify all DOCUMENTS and othertangible thingsthat
DOCUMENT or thing.
f
f O.O Do you contend that any part of the loss of earnings or
income claimed by plaintiff in discovery proceedings thus far
in this case was unreasonable or was not caused bv the
INGIDENT? If so:
(a) identify each part of the loss;
(d) identify all DOGUMENTS and other tangible things that
DOCUMENT or thing.
@rc1
Do you contend that any of the property damage
claimed by plaintiff in discovery Proceedings thus far in this
case was not caused by the INGIDENT? lf so:
(a) identify each item of property damage;
DOCUMENT or thino.
Drsc-001
f
tO.A Do you contend that any of the costs of repairing the
property damage claimed by plaintiff in discovery
proceedings thus far in this case were unreasonable? lf so:
(a) identify each cost item;
(d) identify all DOCUMENTS and othertangible things that
DOCUMENT or thinq.
Z
ro.g Do
yoU
oR ANyoNE AcrNG oN
youR
BEHALF
have any DOCUMENT (for example, insurance bureau
. index reports) concerning claims for personal injuries made
before or after the INCIDENT by a plaintiff in this case? lf
so, for each
plaintiff
state:
(a) the source of each DOCUMENT;
(b) the date each claim arose;
(c) the nature of each claim; and
PERSON who has each DOCUMENT.
[Z
16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF
-
have any DOCUMENT concerning the past or present
physical, mental, or emotional condition of any plaintiff in
this case from a HEALTH CARE PROVIDER not previously
identified (except for expert witnesses covered by Code of
Civil Procedure sections 2034.210-2034.310)? lf so, for
each plaintiff state:
(a) the name, ADDRESS, and telephone number of each
HEALTH GARE PROVIDER;
(b) a description of each DOCUMENT; and
PERSON who has each DOCUMENT.
17.0 Responses to Request for Admissions
I
lZ.l ls your response to each request for admission served
with these interrogatories an unqualified admission? lf not,
for each response that is not an unqualified admission:
(a) state the number of the request;
(b) state all facts upon which you base your response;
of all PERSONS who have knowledge of those facts;
ano
support your response and state the name, ADDRESS,
DOCUMENT or thing.
18.0
[Reserved]
19.0
[Reserved]
20.0 How the Incident Occurred-Motor Vehicle
I
zo.r State the date, time, and place of the INCIDENT
(closest
street ADDRESS or intersection).
J
ZO.Z For each vehicle involved in the INCIDENT, state:
(a) the year, make, model, and license number;
(b) the name, ADDRESS, and telephone number of the
driver;
DISC-oo1
[Rev. January 1, 2008]
FORM INTERROGATORIES_GENERAL
Page 7 of 8
occupant other than the driver;
registered owner;
(e) the name, ADDRESS, and telephone number of each
lessee;
(f) the name, ADDRESS, and telephone number of each
owner other than the registered owner or lien holder;
and
(g) the name of each owner who gave permission or
consent to the driver to operate the vehicle.
f]
zo.s State the ADDRESS and tocation where your trip
began and the ADDRESS and location of your destination.
Z
ZO.q Describe the route that you followed from the
beginning of your trip to the location of the INGIDENT, and
state the location of each stop, other than routine traffic
stops, during the trip leading up to the INCIDENT.
I
ZO.S State the name of the street or roadway, the lane of
travel, and the direction of travel of each vehicle involved in
the INCIDENT for the 500 feet of travel before the
INCIDENT.
I
ZO.o Did the INCIDENT occur at an intersection? lf so,
describe all traffic control devices, signals, or signs at the
intersection.
Z
ZO.t Was there a traffic signal facing you at the time of the
(a) your location when you first saw it;
(b) the color;
(c) the number of seconds it had been that color; and
(d)whetherthe color changed between the time you first
saw it and the INCIDENT.
E
ZO.e State how the INCIDENT occurred, giving the speed,
direction, and location of each vehicle involved:
(a) just
before the INGIDENT;
(b) at the time of the INGIDENT; and (c) just
after the INCIDENT.
I
ZO.g Do you have information that a malfunction or defect in
a vehicle caused the INCIDENT? lf so:
(a) identify the vehicle;
(b) identify each malfunction or defect;
(c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each malfunction or defect: and
(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.
!
ZO.1O Do you have information that any malfunction or
defect in a vehicle contributed to the iniuries sustained in the
INCIDENT? lf so:
(a) identify the vehicle;
(b) identify each malfunction or defect;
(c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each malfunction or defect; and
Dtsc-001
(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.
I ZO.l1 State the name, ADDRESS, and telephone number of
each owner and each PERSON who has had
possession
since the INCIDENT of each vehicle involved in the
INCIDENT.
25.0
[Reserved]
30.0
/Reserved/
40.0
[Reserved]
50.0 Contract
f]
SO.f For each agreement alleged in the pleadings:
(a) identify each DOCUMENT that is part of the agreement
and for each state the name, ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;
(b) state each part of the agreement not in writing, the
name, ADDRESS, and telephone number of each
PERSON agreeing to that provision, and the date that
part of the agreement was made;
(c) identify all DOCUMENTS that evidence any part of the
agreement not in writing and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;
identify all DOCUMENTS that are part of any
modification to the agreement, and for each state the
PERSON who has the DOCUMENT;
state each modification not in writing, the date, and the
PERSON agreeing to the modification, and the date the
modification was made;
(0 identify all DOCUMENTS that evidence any modification
of the agreement not in writing and for each state the
PERSON who has the DOCUMENT.
50.2 Was there a breach of any agreement alleged in the
pleadings? lf so, for each breach describe and give the date
of every act or omission that you claim is the breach of the
agreemenr.
50.3 Was performance of any agreement alleged in the
pleadings excused? lf so, identify each agreement excused
and state why performance was excused.
Z
SO.+Was any agreement alleged in the pleadings terminated
by mutual agreement, release, accord and satisfaction, or
novation? lf so, identify each agreement terminated, the date
of termination, and the basis of the termination.
|7] SO.S ls any agreement alleged in the pleadings unenforce-
able? lf so, identify each unenforceable agreement and
state why it is unenforceable.
E
SO.O ls any agreement alleged in the pleadings ambiguous?
lf so, identify each ambiguous agreement and state why it is
ambiguous.
60.0
/Reserved/
(d)
(e)
n
V
DISC-oo'1
IRev. January 1,20081
FORM INTERROGATORIES_GEN ERAL
Page 8 of I
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PROOF OF SERVICE
I the undersigned hereby declare under penalty of perjury under the laws of
SET # 1 OF FORM INTERROGATORIES OF PLAINTIFF Melody Gillespie
TO DEFENDANT Nicklas Arthur Hoffman
On the day of 512312012 on the parties named below at the addresses to
follolv:
DEFENDANTS NICKLAS HOFFMAN ET AL,
Said Service was bv first Class U.S. Mail with the document enclosed in a
sealed Envelope with the postage therefor fully paid by me. I am not a party
to the within Cause of Action. I am over the age of Eighteen Years . My
business address is:
[934
W. Ilenderson, Porterville Californiar93257] P.M.B.
#z 132. Executed by my hand on this day, the 23 day of May, 2012,, in the
Republic of California, Tulare County,
,.tt7r-
,,
i ..--,.---
- -
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Proof of Service
I the undersigned hereby Declare under Penalty of Perjury under the Laws of
the State of California that I served the here attached document Described as:
FORM INTERROGATORIES OF PLAINTIFF
Melody Gillespie to Defendant Nicklas Arthur Hoffman,l't set
ON THE DAY OF: 8 /2212012, BY US FIRST CLASS MAIL, on the persons or
parties named below at the addresses to follow:
DEFENDANT NICKLAS ARTHUR HOFFMAN,
Said Service was by First Class US Mail with said Document enclosed inside a
sealed envelope addressed as set forth above, with the postage fully prepaid by me.
I am not a party to this matter. I am over the age of eighteen years. My business
address is 934 W. Henderson, PMB#z 132, Porterville, Californiao93257.
Executed by my hand on this 24th day of October, 20l2,in the Counfy of Tulare,
Republic of California,
Alan David
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Proof of Service
FORM INTERROGATORIES OF PLAINTIFF
Melody Gillespie to Defendant Nicklas Arthur Hoffman,l't set
ON THE DAY OF: 8 12212012, BY US FIRST CLASS MAIL, on the persons or
DEFENDANT NICKLAS ARTHUR HOFFMANO
I am not a party to this maffer. I am over the age of eighteen years. My business
address is 934 W. Henderson, PMB#: l32o Porterville, California,93257.
Executed by my hand on this 24th day of October, 2012, in the County of Tulare,
Republic of California,
Alan David
,:r
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Melody
& Courtney
Gillespie;
C/O: P.O. Box 8323,
porterville,
Californi
a,93ZS7
SUPERIOR
COURT
OF THE STATE
OF CALIFORNIA
IN AND F'OR
THE COUNTY
OF TULARE
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11
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14
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YgJoaV
Gillespie;
Courtney
Gillespie;
Plainfiffs,
-VS.
Nicklas
Arthur
lfoffman,
Et Al,
Defendants.
Propounding party:
plaintiff
Answering
party:
Defendant
lst Set.
CASE #: t0-238961
DEMAND
FOR INSPECTION
& COPYING
OF DOCUMENTS
& TANGIBLE
THINGS
OF PLAINTIFF
Melody Gillespie TO
DEFENDANT
Nicklas
Arthur
-Hoffman
L't Set.
[Calif. C.C.P. Secr"203t.0t0;
2030.020
]
Melody
Gillespie;
Nicklas
Arthur
Hoffman;
To: Defendant
Nicklas
Arthur
rroffman
in the above
entifled
Action:
This set 1 of DEMAND
FoR rNsp'crroN
& copyrNc,
is hereby
served
upon you pursuant
to the Authority
set out in the california
code
of civil Procedure
sections
203r.0r0;
2030.020,among
other Authority.
You are required
by carifornia
Law to answer under oath within thirty
days of Service
of this Demand
upon you. rf you
fail to so
answer
Plaintiffs
wil Move the above named court rortun order for
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Monetary & or Evidentiary Sanctions to be imposed upon you, including
the possible Dismissal of your Cross Complaint in this Case, & also for
an order compelling
you to answer the Production Demand on the
Merits immediately & forthwith. You are Directed to provide the Original
of said Documents at the post office box in the upper left hand corner of
this document, which is: Melodf & eourtney Gillespie
;
c/o: P.o. Box
8323, Portervilleo California, 93257,for Copying
'
or you may
provide a copy of the original of each document Requested.
Inspection
Demand #:
1. Produce a True & Accurate copy of any & all check stubs, canceled checks,
receipts for payment, regarding ine payment of $2000
dollars to any telephone
Company for tne d,ggi"g of tfe trench in front of the property at 183-1 N'
Lime St.
portervine,
L-aniornia 93257, & for connecting
your telephone line to the
utility pole at the South East Corner of the said property at 183I" N' Lime Street,
Porterville, Californi a' 93257 .
2. Produce a True & Accurate Copy of any & atl Bills or Billing Statements
from the Telephone Company to wfich you paid $2000
dollars for trenching &
connecting
your Telepnone line to the Utility pole at the South East Corner of
the propeity located at 1831N. Lime Street, Porterville, California,93257'
3.
produce
a True & Accurate Copy of any & all Bills or Billing Statements,
receipts, canceled checks, check stubs, for your payment of $200 dollars for the
utilify pole which you recently erected in front of your home on the north side of
the property at 1831 N. Lime Street, Portervitle, california,93z57.
4. Produce a True & Accurate copy of any & aII written Documents &
records relating to the creation & current existence of the H'M' WYSOCKI
IRREVOCABLE
TRUST.
5. Produce a True & Accurate copy of any & all written Documents
&
records relating to the creation & current existence
of WYSOCKI
TRUST'
6. Produce a Tbue & Accurate copy of any & atl written Documents
&
records relating to the creation & current existence of WYSOCKI
FAIVILY
TRUST.
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7. Produce a True & Accurate Copy of any & alt written Documents &
records relating to the creation & current existence of NEW PARADIGM
HOLDING COMPANY.
8. Produce a TFue & Accurate Copy of any & all written Documents &
Records relating to the Assignment of Nicklas Arthur Hoffman as a Trustee
for the H.M. Wysocki Irrevocable Trust.
9. Produce a True & Accurate Copy of any & all written Documents &
records relating to the Acceptance by Nicklas Arthur Hoffman of Assignment
as Trustee for the H.M. WYSOCKI IRREVOCABLE TRUST.
records relating to the creation & current existence of
'6WYSOCKI
TRUST".
1L. Produce a Tfue & Accurate Copy of any & all written Documents &
records relating to the creation & current existence of Shaun Ray Enterprises.
12. Produce a T?ue & Accurate Copy of any & all written Documents &
Records relating to the Assignment of Nickol Gerritsma as Trustee of the
H.M. Wysocki Irrevocable Trust.
13. Produce a TFue & Accurate Copy of any & atl written Documents &
Records relating to the Acceptance of Nickol D. Gerritsma of the Assignment
as Trustee for H.M. Wysocki Trust.
14. Produce a Tfue & Accurate Copy of any & all written Documents &
records relating to the lawful removal of Courtney Gillespie as a Trustee of
H.M. Wysocki Irrevocable Trust.
15. Produce a Tbue & Accurate Copy of any & all written Documents &
records relating to your payments to Anne Mintor as of the current date, for
your purchase of the real property located at what is commonly described as L831
N. Lime Street, Porterville, Californiar93}S7, including records or documents that
show the current status of any outstanding balance of amounts owed by you
to Anne Mintor.
16. Produce a True.& Accurate Copy of any & atl written Documents &
records relating to receipts, written sales agfeements, billing statements or notices,
regarding the sale of Water Shares for the real property located at what is
commonly described as: 1831 N. Lime Street, Porterville, California,93257.
records relating to receipts, & payments received for products sold on your
web sites or web pages at:
CrossTheBorder.org
I
nicklasarthur.wordpress.com,/videos ;
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FirstAmendmentRadio.com
;
http:i/firstamendmentradio.net ;
http://wwfar.com/rates.html
;
http:/ilibertyarchives.com; http://www.aareff.com;
http:l/streema.com/radios/First_Amendment_Radio ;
htEr://tunein.com/radiolFirst-
Amendment-Radio-s73 89/
see attached copies of said website pages setling your products marked Exhibits 1-8
On this day, the-fourteenth -day -of -the -fifth-month -of-Two-thousand-twelve,
all Rights Reserved
4-of-5
EXHIIT PAGE
INDEX OF EXHIBITS
RE: WEB PAGES FROM WEB SITES
OF NICKLAS ARTHUR HOFFMAN
# 1- : C to tsTheBorder.or g
;
nicklasarthur.wordpress.com/videos
#2 : first
q.mendmentRadio.com
#3 : nttpr//firstamendmentradio.net
#4 Z nttp r//wwfar.com/rates.html
#5 : nttpt//libertyarchives.com
#6 : nttp,//www.aareff.com
#7 : nttpr//streema.comiradios/First-Amendment-Radio
#8 : nttp t//tunein.com/radio/First-Amenment-Radio-s7389/
#ll
Videos
-l'CrossTheBorder. org
CrossTheBorder'org
Aicltr.t 14rfhur' -
Brblical Srudrias
http ://nicklasarlhur.wordpress.
com/videol
Videos
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Rockefeller scientists remotely control genes in mice
Nanoparlicles heated by radio waves switch on genes in mlce.
o
qonments
scientists switch mouse's genes off and on with radio waves
Geneticists at New Yark's Rockeieller University gave laboratory mice speciaily engineered
insuling-producing genes, These genes were then remolely activated using radio waves This
could mean a whole new field oi medical pfocedures in which we turn genes on
"nO
ott
ItJ'J;"","
Soros Tides Foundation under investigation for funding foreign radicals
George Soros is curently under investigation by the Canada Revenue Agency lor lunding foreign
radicals for nefarious endeavors.
o commnrs
INVASION: U.S. foreign-born population at highest level since 1920
13%
jn
U.S. foteign-born, a levol last seen in 1920: Ol 40 million born abroad' the greatest number
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PROOF OF SERVICE
I the undersigned hereby declare under penalty of perjury under the laws of the
state of California that I served the here attached document described as:
DEMAND FOR INSPECTION & COPYING OF DOCUMENTS & TANGIBLE
THINGS OF PLAINTIFF Metody Gillespie TO DEFENDANT Nicklas Arthur
Hoffman 1't Seto
On the day of 5lL4l20\2 on the parties named below at the addresses to
follow:
Said Service was by first Class U.S. Mail with the document enclosed
sealed Envelope with the postage therefor fully paid by me. I am not
to the within Cause of Action. I am over the age of Eighteen Years .
[934
W. Henderson, Porterville California,93257l
#z 132. Executed by my hand on this day, the 14'h day of Muy, 20L2,
ina
a party
My
P.M.B.
in the
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Proof of Service
Demand For Inspection & Copying of Documents & Tangible things of Plaintiff
Melody Gillespie To Defendant Nicklas Arthur Hoffman, l't Set
ON THE DAY OF: 8/ 2212012, BY US FIRST CLASS MAIL, on the persons or
DEFENDANT NICKLAS ARTHUR IIOFFMAN,
address is 934 W. Henderson, PMB#: 132, Porterville, California,932l7.
Executed by my hand on this day, the 24th day of October
,2012,in
the County
of Tulare, Republic of California.
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Melody & Courtney Gillespie;
C/O: P.O. Box 8323.
Porterville. C aliforni a, 93257
Melody Gillespie; Courtney
Gillespie;
Plaintiffs,
_vs-
Nicklas Arthur Hoffman, Et Al,
Defendants.
IN AND FOR THE COUNTY OF TULARE
CASE #: 10-238961
SPECIALLY PREPARED WRITTEN
INTERROGATORIES
OF PLAINTIFF
Melody Gillespie TO DEFENDANT Nicklas
Arthur Hoffman
L't Set.
[Calif.
C.C.P. Sect. 2030.010; 2030.020-.030]
Propounding Party: Plaintiff Melody Gillespie;
Answering Party: Defendant Nicklas Arthur Hoffman;
lst Set.
TO: Defendant Nicklas Arthur Hoffman in the above entitled Action:
This Set I of SPECIALLY PREPARED WRITTEN INTERROGATORIES'
is hereby Served upon you pursuant to the Authority set out in the
California Code of Civil Procedure Sections 2030.010; 2030.020-.030, among
other Authority. You are required by California Law to answer under oath
within thirty days of Service of these interrogatories upon you.If you fail
10F5
set 1 of specially prepared interrogatories of pJ-aintiff Melody Gillespie
I
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Melody & Courtney Gillespie;
C/O: P.O. Box 8323,
Porterville, C aliforni a, 93257
Melody Gillespie; CourtneY
Gillespie;
Plaintiffs,
-vs-
Nicklas Arthur Hoffman, Et Al,
Defendants.
CASE #z 10-238961
SPECIALLY PREPARED WRITTEN
INTERROGATORIES
OF PLAINTIFF
Melody Gittespie TO DEFENDANT Nicklas
Arthur Hoffman
L't Set.
[Calif.
C.C.P. Sect. 2030.010; 2030.020-.030]
Propounding Party: Plaintiff Melody Gillespie;
Answering Party: Defendant Nicklas Arthur Hoffman;
lst Set.
TO: Defendant Nicklas Arthur Hoffman in the above entitled Action:
This Set 1 of SPECIALLY PREPARED WRITTEN INTERROGATORIES'
is hereby Served upon you pursuant to the Authority set out in the
California Code of Civit Procedure Sections 2030.0L0; 2030.020-.030, among
other Authority. You are required by Catifornia Law to answer under oath
within thirty days of Service of these interrogatories upon you.If you fail
10F5
set 1 of specially prepared interrogatories of plaintiff Melody Gillespie
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to so answer Plaintiffs will Move the above named Court for an Order for
Monetary & or Evidentiary Sanctions to be imposed upon you' including
the possible Dismissal of your Cross Complaint in this Case, & also for
an Order Compelling you to answer the Interrogatories on the Merits
immediately & forthwith.
Interrogatory #:
Provide the date, month day & year that you paid the two thousand
dollars for the trenching & connecting of your telephone line as you stated
in court to Department 10 Judge Lloyd Hicks on 3/ 0512012 .
Provide the name of the telephone company you paid the 2000 dollars to
for the trenching & connecting
your telephone line as you stated in Court
to Department 10 Judge Lloyd Hicks on 3 10512012 -
3. Provide the days & times the trenching & connecting your telephone line
were carried out & completed as you stated in Court to Department 10
Judge Lloyd Hicks on 3 I 512012 .
Provide the names & or titles of any persons who carried out & completed
the trenching & connecting your telephone line, as stated in Court
to Department 10 Judge Lloyd Hicks on 3 | 512012 .
Provide the name & or title of any persons who sent you' or who signed
their name on any billing statement or bill for $ 2000 dollars for the
trenching & connecting
your telephone line, as stated in court
to Department 10 Judge Ltoyd Hicks on 3 / 512012 .
Provide the name of the business, or person who sold you the Utility pole
which you recently erected at the front of your property at 1831 N. Lime
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Street, Porterville, California, 93257.
7. Provide the name & title of any person who billed you for the $200
dollars you recently stated it would cost for the utility pole you recently
erected in front of your home at 1831 N. Lime Streeto Porterville,
California,93257.
8. Where did you obtain the fire wood stacked in your yard at 1831N.
Lime Street, Porterville, California, 93257 ?
g.
Provide the name & title of the Edison company Employee who you claim
talked to you & authorized
you to break into the front fence & cut the
power lines in front of the front gate of Courtney & Melody Gillespie at
the south east part of the property at 1831 N. Lime Street, Porterville,
California, 93257.
1,0. When (day/month/year) was Nicole Gerritsma Assigned or Appointed as a
Trustee for H.M. Wysocki lrrevocable Trust ?
11. Who Appointed or Assigned Nicole Gerritsma as a Trustee for H.M'
Wysocki Irrevocable Trust ?
12. State the month, day, & year when Nicole Gerritsma accepted the
Appointment or Assignment as Trustee for H.M. Wysocki lrrevocable Trust
13. Has the H.M. Wysocki Irrevocable Trust made its final payment to Anne
Minter that was recently due on the property at 1831 N. Lime Street
Porterville, California.
14. If the answer to number 13 above is yes, state the name & title of the
person who made the payment to Ann Minter.
15. If the answer to number 13 herein is yes, state the method of the
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16.
payment made to Anne Minter.
Are there any outstanding amounts owed by the H.M. Wysocki Irrevocable
Trust to Anne Minter for the purchase of the real property located at
1831 N. Lime Street. Porterville California, 93257 ?
If the answer to number 16 above is yes, what are the outstanding
amounts owed by the H.M. Wysocki Irrevocable Trust to Anne Minter ?
If the answer to number 16 above is yes, when (month/day/year) are the
outstanding amounts owed by the H.M. Wysocki Irrevocable Trust to Anne
Minter due to be paid ?
19. State or recite the
ooprovisions
1-14 inclusive, of the fictitious Deed of Trust
recorded June 1, 1953, in the book and at the page of official records in the
office of the county recorder of the county where said property is located,
noted here with the name of such county, viz
;
T[lare countyo book 1679,
page 106" referred to in Document #: 2006'0002762, "DEED
OF TRUST"
Recorded in Tulare County Recorders Office on 1/11/2066 bv Nickol D
Gerritsms. Trustee of the H. M. Wysocki lrrevocable Trust.
20. State the name & title of any person holding the promissory note
referred to in Document #:'02006-0002762"
"DEED
OF TRUST" Recorded
on llll/2006 by Nickol D. Gerritsma, Trustee of the H. M. Wysocki
Irrevocable Trust".
21". What was your cost for installation of the power pole, & installation of
your power panels, & the trenching & the required permit from the County of
Tirlare recently erected, installed, & dug at the front of your home at
1831 N. Lime Street. Porterville California 93257 ?
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Executed by my hand
thousand-Tlvelve.
on this day, -Twentieth-day-of-the-fifth-month-Two-
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set 1 of specially prepared of plaintiff Melody GillesPie
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PROOF OF SERVICE
SET # 1 OF SPECIALLY PREPARED INTERROGATORIES OF PLAINTIFF
Melody Gillespie TO DEFENDANT Nicklas Arthur Hoffman
On the day of 5l2ll20l2 on the parties named below at the addresses to
follow:
Said Service was by first Class U.S. Mail with the document enclosed in a
sealed Envelope with the postage therefor fully paid by me. I am not a parfy
to the within Cause of Action. I am over the age of Eighteen Years . My
[934
W. Henderson, Porterville California,93257] P.M.B.
#:132. Executed by my hand on this day, the 21tr' day of May, 2012, in the
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SPECIALLY PREPARED WRITTEN INTERROGATOIRES OF PLAINTIFF
Melody Gillespie to Defendant Nicklas Arthur Hoffman, l't set
ON THE DAY OF: 8 12212012, BY US FIRST CLASS MAIL, on the persons or
address is 934 W. Henderson, PMB#:132, Porterville, California,93257.
Executed by my hand on this day, the 24th day of October, 2012, in the County of
Tulare, Republic of California.
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Melody Gillespie
c/o P.O. Box 8323
Porterville, California,
932s8.
Melody Gillespie,
Plaintiffs,
-VS-
Nicklas Hoffman;
Et Al,
Defendants
CASE #z 10-238961
SPECIAL WRITTEN INTERROGATORIES
TO DEFENDANT NICKLAS HOFFMAN
OF PLAINTIFF Melody Gillespie
Set 2
Cross Complainants,
Nicklas Hoffman, Et Al,
PROPOUNDING PARTY: Plaintiff Melody Gillespie
ANSWERING PARTY: Defendant Nicklas Hoffman
SET 2
To: Defendant Nicklas Hoffman:
The following Speiial written interrogatories are being propounded to you
pursuant to the Express Provisions of California Civil Discovery Act found in
in the California Code of Civil Procedure
;
You are required to deliver a written
Response to Plaintiff Melody Gillespie within 35 days of date of mailing to you,
or in the case of personal delivery 30 days of the date of such personal Service.
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If you fail or refuse to answer as Required Plaintiffs will move the Court for an
Order Directing you to do so, & for Monetary & or Evidentiary Sanctions or a
Dismissal Sanction against you.
Interrogatory #:
1. Did you build a house located on the properfy in Terra Bella California
described as:
o'that
portion of lot 379 of Terra Bella Lands Subdivision No. 9, as per map
recorded in book 9 at page 27 of Official Maps, county of Tulare, Republic of
California, described as follows: That certain parcel of land designed and
delineated as
"Parcel2"r"5.06 Ac. Gross",on Tentative Parcel Map PPM 78-
1434, filed April ll,1978, with the planning Commission of said county, and
approved April 28,1978 by Resolution No. 3612 of the Parcel Map Committee of
said counfy."
2. Did you previously own the real properfy located at what is described as:
"that
portion of lot 379 of Terra Bella Lands Subdivision No. 9, as per map
recorded in book 9 at page 27 of Official Maps, county of Tulare, Republic of
California, described as follows: That certain parcel of land designed and
delineated as
"Parcel
2"
)
o'5.A6
Ac. Gross", on Tentative Parcel Map PPM 78-
1434, filed April ll,1978, with the planning Commission of said county, and
approved April 28,1978 by Resolution No. 3612 of the Parcel Map Committee of
said county."
3. Has the Title you claim to the Real Property at 1831 N. time Street, by Grant
Deed, attached as Exhibit A to your Cross Complaint ever changed since
Recording of said Grant Deed Document # 2004-0046807, on May 17,,2004 ?
4. If the Title to the Real Properfy at 1831 N. Lime Street has not changed since the
Recording of the Grant Deed Document #: 2004-00 46807 on May 17, 20A4,
what is the effect &,meaning of Document #:2006-0002762, Recorded on January
1I,2006, titled
"DEED
OF TRUST", Signed by
"Nickol
D Gerritsma, Trustee of
the H.M. Wysocki Irrevocable Trust", Notarized on June 8,2004 by
"STEPHEN
J. SLEEPER", CALIFORNIA NOTARY PUBLIC,COMMISSION NUMBER #:
1436722, SEE TRUE & ACCURATE COPY OF SAID DOCUMENT
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ATTACHED HERETO AS EXHIBIT # 1, WHICH IS HEREBY
INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH
HEREIN, & WHICH IS HBREBY MADE A PART OF THIS DOCUMENT.
WHEREIN THE DOCUMENT EXPRESSLY PURPORTS TO:
,,IRREVOCABLY"
"GRANT'" "TRANSFER''
AND
*ASSIGN"
"TO TRUSTEE
IN TRUST T4/ITH POWER OF SALE', THE REAL PROPERTY AT 1831
N. LIME STREET, TO "NEW PARADIGM HOLDING COMPANY'" WHICH
YOU NOW CLAIM IN YOUR CROSS COMPLAINT, IS OVYNED BY H.M.
Wvsocki lrrevocuble Trust.
5. Upon the Execution. Notarizution, & Recording of the above ssid Document
#: 2006-0002762, did vou ever complv witlt tlte Express Provisions set out in
,,DEED
OF TRUST WITH A
SECURITY" Document #: 2004-0046808, RECORDED IN TULARE COUNTY
RECORDERS OFFICE ON MAY ]7, 2004, STATING:
"
In the event of a vol
tlre real
propertv
described lterein, unv indebtedness or obligation under tlte
promissorv
note secured lterebv, at the optiort of the holder, slttrll
immecliately become due and
pavuble."
SEE ATTACHED COPY OF SAID DOCUMENT ATTACHED HERETO AS
EXHIBIT # 2, WITH SAID PORTION HIGHLIGHTED IN YELLOW
,
WHICH
IS HEREBY INCORPORATED HEREIN BY REFERENCE AS IF FULLY
SET FORTH, AND TYHICH IS HEREBY MADE A PART OF THIS
DOCAMENT.
O n this d ay, the-JSay- of- the-n inth- m onth-two-thous an d-twelve,
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all Rights Reserved.
EXHIBIT PAGE
INDEX OF EXHIBITS
#1: Grant Deed Document #: 2006-0002762, Recorded on January 11,2006 in the
Tulare County Recorders Office purporting to
"IRREVOCABLY" "GRANT",
*TR,.4NSFER''
AND
"AS
OF SALE'" THE REAL PROPERTY AT 1831 N. LIME STREET, tO
,,NEW
PARADIGM HOLDING COMPANY'':
#2.
"DEED OF TRUST WITH A
SECURITY" Document #: 2004-0046808, RECORDED IN TULARE
COUNTY RECORDERS OFFICE ON MAY 17. 2OO4
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#1
REC ORD I h\C R-E
Q
UESTE D B
y
and \\TIEN RECORDED N4AIL TO:
SIRE
(r
?)
I 3 ?
5
f4,{,tna A
Yg
tLsS
o
TUL*B_e Cfr
%xl{
rliltfililf liltliltf
f ilfllilf filtl
>-?
3
?aq'f5_*@
Recorded
0fficiai Hecards
County 0f
I ular8
SRESDRY 9. HRFDCSTL
Recordnr
lt:05ffi 11-Jan-?Sffi
a@a76e.
REC FEE lE. OS
Fage I of ?
DEED OF TRUST
T$rs DEED oF rRusr, Made chis Lwenty-Lhird day of May, 20a4, beLween
Nickol D. GerriLsma, Trust.ee of the H. M. tlysocki Irrevocable Trust, herein
called TRUSTOR; dnd
NEW PARADIGM HOLDING COMPANY, herein called TRUSTEE, and
herein ca1led BENEFICIARY,,
WITI{ESSET![: That fruaLor rrrevocably Grants, fransfers and Assigins to Truscee in Trust/
with Power of Saie, tbat. real- prcperty in TuIare county, California, DeSCfibed aS:
LOT ]-O OF HERMOSA ORANGE COLONY, COUNTY OF TUI,ARE, STATE OF CAL]FORNIA.
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2, PAGg ].3]. OF I',].APS, TULARB
COIINTY RECORDS.
APN 255-230-004
Together Wilh Lhc renls, issucs, and prolirs 1}ereol, Subjcct, Hcwcvcr, to thc right, pow*r, atid authority given to and eonl'ened upon Bcneiiciary
by Paragraph i{) ol'the provir-ions incorportrted hcrci:i by reterence to coilect and apply such rerrts, issues, and profits, l'or the purposr of securing
paynrentcftlreindebtcdnc'sseyidencedbt,aprotni.ssonr1111g,ol'evendalghcrc!yjth,e\Dgu1gdby.I.nr.storirtthesuraot.$60,520
sums and intorest thercon heruafl.er loancd bv Ilcnetiuiatl to the then record orvucr ol-said prope(y, which loans arc evi<iencetl by a gomissor
nole or rotcs, contirrning a rrlitirtjotr lhat t]is Dced of
'Jhrst
sccrrrcs the pu]tnent thercol, atry lau,lul chargc made hy Benetician lbr n statemcnt
regarding the obligations sr:cured herebv requcstcd by or I'or'l'ruskrr, and lhc pcrtilttluicc o['eauh agleement hcruirt contained.
To protccl llre security oltiris Decd of'tnrst,'fruslor agrees: by thc exccutiorr and dclivery ofthis Tnr-st Decd and the nore s-ccurcd hcreby, that
provisions I to 14, inclusive, ol'the lictitious Deeil ol"l'rust rccorded June I ,
I 9 5 3, irr the tnok and ut the pagc of Otlicial Rer;ords in the olilce of
thc county recorder ot'the county rvhere said propcrly is locatcd, noted hcrc with thc rrame ofsuch county,, viz.: Ttrlare county, book 1679, puge
106 (whiuhprovisionsareprintedonthereversehereol)hcrebyareadoptedandiur;orporatedhcreiuandmadeaparthereofaslullyasthoughset
tbrth herein at lenglh; tlrat Tru.stor will observe and perlbrm said provisionsl au<j thai thc ret'ererrce-s tr: property, obligations, and
iarties
ii said
provision"^ shall bc construed to rcter 10 th propcrty, obligations, an<l partics set lirrth in this Deecl ol"l'rust.
Thc undersigned'Irustor rctiuests that a copy ofany Noticc ofDet'ault aud urry Notice ol'Sale hereun<ier be muile4 thr a6tlress hcreinbclbre sct
lbrth.
sEa[e of California
I
Y,1.'4-r4.<,tY-t-yr(&{.n4)
_
iss.
Nickol D Gerritsma, Trustee of che
county of Tulare
)
H. M. wysocki rrrevocabre Trust
\e\^-rz-\\*t'-\
on.:\l--
L,
2o.:1
_,
before *.,
\$ep\e,.
t-,
(\"ep.f persona)ly appeareci
NiekQl D Gerfitsma
proved to me on Lhe basts of satisfactorv evidence tc be the person
whcse nanre is subscribed to the within inscrurnerrt and acknowledged to me that she execuied the
sane in her aut-horized capaci.ty, an,l that by her signature or the
j.nstrument
the person of the
entity upon behalf of r.rhichr the pe:son acced, executed the instrurnent.
WITIiESS my hand and of f icial sea1.
."
,Gcrrrnlonl
11&,7,|2
t{oby}f*..4+o[iro
DO NOr Rt)CORt)
Th c lbllo riin ! is a co nv of nrolisiono'
.l-
thru I 4, inclusive, ot'th e liot itious dcc<l ol rnrst rulcrrcd to in rho lbrgoing Deed of Trusr and inoorprraled by
rel'erence thereii as treing
ban
rhereofgs il'sJi tirnti iiii:nittiitrir*in
' -
To protect thc securityiri this J)ectl trfTrust. Trustor s-crers;
( I
)
To keep said proptrty in good condition and.repair; n.-ot ro rcmove or dernolish uny buiiding tbgr@n; 10 restor prompily and in good snd rvorkmanlike
mann-cr {-ny bulldlng.whlcfl tnay be conskulted, dshagcd or destroyed thercon und to pay rvhen due all claims for labor
irerforrncd
end rnatcrials fumished
tnerclor; to comply.wlrn 8ll isws atrecllng sard property 0r requlrrng 8ny slterations or imptovments Io bc rnadc thcrcon;noi to commit or pcmit waste thcreo.f:
not to commrt" sutrr or petmrt any act upon said proporty in viol,,l(ion of [uw; to cultivstc. irrigatc, t'ertilizc, fumigat, pruno and do sll otbcr octs whjch fioni
lne characler ot use DI 58ld propcdy muy bc reasonably necessury. thc sFeciljc cnumcrali()n.c hcrcin not excludinc thc c,eneral,
(2) To;rovidc, mrJntain snd deljrer to Beneficiary lirc insurunce suti(tactnry to and with lo"-s payablc to BcnctciarV. Ttc arnount colleclcd under env fire
or.olher ln.sutstlce poJlcy may be applieC by lleneliciary upon Bny irrdebtedncsr sccured hercbv snd in such order as Bcneticiary rnay detcrminc, or at o'ption
dl lJendtlciilry the.entrre itmount so.collccled or rny parl thcrcol-rnly bs rclascd l()'frus((lr. Such application or rclcasc shall r'ot cure or wuive any default or
notlcc r)t dclault thercunder or Invaltditlc any scl dDnp nuniu{nt lo such notice.
(-1)
To apperrr in and dol'end any aclion or
broceeding'prrrponing
kr allccl lhu sccurily hcruol'or thc righls or powers ol'Bcncficiary or Truslc; and to pay all
costs and exPcnses, :noludrnq co.st ol cvrdence ol tr tle ud altorney's, t'c-cs in l rcasrrnublc s.rm, in rny such sctit n or pruceeding in rrhich Bcncficiary or Trustee
may appar, snd in
gnv
sujt brought by Bcncliciary to lbreclosc tlris Dcud.
,
{4) To pay: ut least I 0 days belbru.dclinqucncv all taxes and-anse"-sments alJi'clirrg said property, including rssessments on afpurtcndnl watcr stock: rvhen
6ue. dl crlcunlbrancc$. cnafBes alld llcns- wrth rntersl on ss,rd
FroFrty
or tsr\y p'dlt thcrcol, whrch appcar 1D bc pnor or sufrctiof herclo: ell cost, l'ees and
cxoenscs of' this Trusl.
Should Truslor fail.trr mgkc any payntent or to do any act as horein prrrvried. thc lJuneliciun, or Trustee, but without obligetion .so to do and without ngticc
ro()rdmrndDpon lrustorsnd.rvLrhout-rclcrslnglrustor(romunvuhllsatiol\lrcre0l,muy:rlukctrrdothesameinsarehmunncrandtosuchcxenlueithcr
m1yd:9mnccg5sur1aprutucithcsecuri5lherco|Bcncticiaror'I.il.tlcc-bcingurttllorized-to.cnleruponsaid_propcrtylbrsuchpurpr>s
Lll
1"1'_:1 1' ll:'.:dl'lq, lu lljl
r,)cumt'tanco- chstilc o( ltcn whtch !n the.judgment $r srthsr sppqrs t(l bc
tlrior
()r
sulEriur hcrclrr; and, in rxerci.sing any such powers, pay neccsu|, expcnsoi,
cnrolov counsel an-d nav his rmsonsDJc tccs.
(l)
^lg
p"V immcdiirtely und wjthoul dernand all. sums so cxpcndcd bv ljcrruliciary or Truslec, with intcrcst liom date of cxpenditure at 7% per annum.
,(qlinatany,a1VaIdo|damaBes|0t{]nioctlo|,|stthanyct)l)delnna1iunlbrp.ublrr:usc.o|.ortr1ury1osaidpropertyoralyParttbcrc.o[ish
snali Dq pBlo- to I,cncllcla.ry wno.may spply or release such moncys rcarvcd bv hrm rn th0.(sme manncr and wtln tbe sSmc ellecf as ebovc provided for
Olsl,Oslllr)n OI ptoceeoS Ot llfe Or Otnet lnSUfdnCO.
(?),That by uwpting puymenl of any sum.sccurcd hereby ut\or ils durj dale, Ucncticiary doe"- nol waivo his right either to requirc prompt puymeni when due
0r all olncr sums s sccureo or ro oetare delault tor latlure l'o to oav.
(8) That
gt
any lirrre liom time to time, rvithout liabilify therctbi airrl rvithout roticc. upcn wrincn re4uest of Beneliciary and
prcirentst;on of rhis Deed and
seid-note l'or enSorsemcnl" und rvithout a$tsting the pcisonal liabilltv ol uny pcrs,rn l'oipuynrent ofrhi indebtcdn* sccurcd hercby, Trustec may: reconvcy
anyPafot'sa.idP.r.0pcly;con.scnt|olbcnraking-llfariyrnaporplatrier<l|;joiningrantinianycgsemenlther9on;orjoininunyer1'ensionagrelilcntran!
afrecm9nl subordrnulrng lhc llen ot charlc hersol,
19l Thut uoon
qritlenleouest
of Bcnel'rciarv strtin! that ull sums sccurud burcl:r have bcen naid, and upon suncnder of'this Deed and said notc tu Trustee
Ibi cancellution and rutuntion und upon repay;ncrlt ofiLs lees, Trustce shull rcconvcy, rvithout *;urranty, thi property tben held hcrundcr. Thc recitals in such
lcconveY[||cerr{.anvtnai1crsol.l.act.shal|bcionc|usi'enrooL),.lhctrtlthl.ulnessrltcrcot]].hegrntccinsuchreonvcyancemaybcde.scribcdas"eprsonor
perst:n.s.lrju}1ycntiilcdthurcto',.Fiveyarsullcrissua
l0 rctu rrt lhcm l.
{I0)TharaJadditionul sccuritv.'fru"-lorhcrebysivessndconlersunonBcnclicirtrythcright powerandsuthority,durinqtheconlinusnccoflhese Trusls.
to.co|{eclthcrcnl.-.issue,'andr'rui.itsofs"idnror,ci11rcscrvinqun19f1g51p1tltcrirrlri,priorio"riydeliiultbvTrustorinpur,entofan
hercbr,orin;xrlbrmanccol'unyagrccmcnthc,rcuirdei.toco||ect-andretairrsuchrcnti,isuesundprb[itsastheybecomcdui:airdpayub|e'Unulysuchdeflulq
Bcnctlciary muy ut uny tirne withrrut noticc. cilhcr in Dcnion. by atcrrl, or bv u rcccivcr kr be annointed by a courL and without rc{,ard to the adcquacv of unv
sruritv liir thcindcbtcrlncss hcrcby scculud errtcr unon and Ltc nir**cssion ol'suirl ororrcrw orLny nrrrtioi thcrcof. in hisown nami suefororotheirvisicoljcct
such rint.-, issvcs und prr:tits, including thosc nist dc !nd u n paid, u r: d a nply t hc sanjc, [css iost*- aird expenses ofopcration and collcction, includine reasonablc
atlotncv'.s lecs, uporr uny indebtcdn;ss 5eclred hcrcbv, and in suclr rirdir us tscncliciary ntsv detcrr;inc. Thc dnterin!, uoan and takinr oosstision ot suid
propert"i, tlre collcltion ol'r-uch renls, issuus and profili und thc application lhcrcof us ali':resaid, shrll not cure or wa'ive andy dcfaulior noticc of dcfBult
hercundcr or lnv4lrdBle 8nV $cl donc nu$uanl to such nottce.
(l I ) Tlrat upnn dclault by Trusror iir nuvrncnt ofanv indebtudne.rs sccurcd hcrcbv or in ocrlurmunce ot'unv agrsement hereunder. Beneliciary mav declarc
a]I:ûmsscuuicdlrcrebvim.nrcdiate|ydderindnaygblebvdeiivcn,ttrTrUS(ecoI.rvr;ttcJldoc|uigtionot.defgu|tanidimgndfors8leandol'writtenn
anij ol'eiection to caus0 to bs sold ssid properD,; which notjcc frustce shall sause tl) b tilcd tirr record. Bencliciary also shall dcposit witb Trustco this Decd,
seid note und all dr:cumcnts evidcncins expcndilures sccurcd hcrebv.
Mcr the lupw ol such time as n)ay then bc required bv law lbllo* iirr tlrc rcc,rrdation ot'xjd nodcc ofdeJbulL snd noticc of sle havins been slven ss rmuired
by law, Trl"-ire, u'ithout dcmand of Trustor, shr'll sell sriid prorre rly arihc rimu rrrd phcc lixed bv it in said notiie of salc, either as a whole or in
-scnarsrc
Ddrccls.
a-nd in such order as it mrv dctcrnrine, ut oublic adction to ihe hi[licst biodcr ti,r cuslr in lawl'ul ironev ofthe UniFd Ststes. nuvgble at time ofsalc. Trusice mav
pos|''}ongs8l()|s||oranvptlrlionot.saidj>roncrtvbynub|icunn-ouncctr1cDta|sllchtinIeandnleceoisaJe'sndfromtimetutictheralierm
iale iy public artuounccmcnl at thc lilnL'lix;d bi, picccdinu
rx).s{poucnrenl, Trustuc shull delivcr to such purchaser
its dred convcvinn such onioerir, .so .sold.
butwirhbutanycovenantor!vu'rr9nty.cxpressoiiirrplicd,fhi:rccir8tsinsuchdecd.r(.snymuttefSu'f'bctS:hallbeconc[usilenruofofihetruthl.une(sthereo!1
Ary person, rncluding Trustor,
'fnrslee,
or Bcneliciary us hereinatlcr de{incd. muv purchasc at such sale.
AJicr dcductinc all crr.sts, l'ecs and cxpenscs oflhc Trustw and ofthis'frust, inchiding cosr ofevidence ot'title in cunncction with sle, Trustee shsll 0Dnlv the
prrrcccds ol'sele lo puvrnent.r:t: alt sums cxpcnded undcr the terms hercrrl, nor thon rcpaid, with ucgrucd iillerest et ?Vc pcr annUm; all orhcr sums thcn'sicLrred
hercby;:rnd the rernaindcr, it-any, ro tlrc pcrson or per$on legulty entitlud rhcrcto.
(.1 2) That Trustor, or il said pr;pcrty shall havc been trunsierrid, thc thcn rocord owncr, tcgcthgr uith Bcnefioiary may liom time to trme, by inslrurnent in
wrrgng,.substi(ut.3 successdr or s\tcccssors to any Trus-tlr nanred lrvrciri trr lcling hcrcundcr. whiuh ins.trument" excutcd and acknowlcdged by each end
Trustuc
()r l'rustecs,. rvltrt sltall.
conttin thc narnc trftlte originrl
'I
ruskx,
'l
ruitec and Benriiciur bcicurrdcr. thc brrrk und pngc whcre this DseJis ritorded, snd the narnc snd uddr"r* oi'rhe
1tlslecshuI|,.\9vo'bccn,puidlo.5uch'TrU5leL.,
:ilroslllutton ot I fusless snalt Dc cxclustve Dl all ulhut nrovlslons l(rr suhstttuttr)n. sUlutrrrv or ()lhcrtilse,
(i3}1.batthisDccdapplir:r'to,inurestothcbencijt6|undbindsa|}pudicsheruto,ihcirhcin,loga1ees,devisees,
assigns.Thc1ermBeneticiurshu|lmgl)1heQwnurundho|dcr'irrcltrdihrrn|crlgcs.rt1.thcno1esccu.cdhereby,whether<)rnotn6mcdusBcne1icihelein,Jn
thisbsed, rvhcnevcr tlrc cunieN. so rctlttirur, Ihc ma"-culinc includcs tbc fcill,riir" undlLrr rrculcr. and thc s)ngular numbcr incJudes the piural.
(
i4)'Ihat Truslcc rcecnls this l'rust ivhun thjs Decd. drrlv cxccutcd und uckn,rllcdicd. is nrude l public ricord at orovidcd by isw.
'frustvc
is not oblipated
l0noiilyanvPr$,hcrclriol.PcndingsalcundurunyotcrDccdul..l.rus
unls55 !serlghl by Trustcc.
DO NO',r ttnc'oRl) R IiQ tJIiS'l' i;Olt I.'l J Ll, lt licoN\r IiYAN cll To hc usrrl lrnly rvhtn nole has bceR
n3i(1.
To
--_,'frllstcc
Dated
lTe-undeiilInTTf9l-aI.xvn-e-randf]a;7;l.lIT.i|lni5t6rsssccun:dbvthis[)ccdo|..liust'AjiJum.ssatired6-eI,E'-Ev-6-eenIi1iysatiif,dr;af
hercbv requesicd, accirrdinc to the terms ol ssjd Dccd ol'Tru.sl to cuncui rrll cyidcnues ofindehtcdness, secrrrcd by said Deed ol'Trust, delivercd to you hercwith
rogether iilir tha .said Decd ot'Trur! and to rcconvcy*t{tbdft rvarrunfy. trilhc prrnics dcsirratcd h\. the lermsilf ssid Dced u{'Trust, the rstale nuw held by
you undsr thc some.
, ;a.t,,)4*: ; i1.)il3jir''no).
l.
..{{il R"".nu.y.nrr,n,
i nr':,r>'!,'.1, ' :*JrA
: l''q)!''
'l'iJii,
x.-.--.-....
.' ...*1
n:*,:!--++!iut-*
-::-T;+AJ/
{
--
D0n0tI0scordestroythisDcgJirlTrrlsoi.t{rt.Mrti:t.iiijt{h'.i.uic-Bp'fn.u*,'hcdc|ivcrcdtr:TTusicelixclnccl1ationboforercgrtrvuylcewil1kmude.
#2
, RECORD]NG REOUESTED BY
'CH]CAGO
TITLE COI"IPANY
AND WHEN RECORDED I..,{AIL TO
iilt lil iln till I llll ll ilil ll ill ill
A.A@4-A@zts64@
t r'*-'
lt
g
I
A$llg M. MTNTER, TRUSTEE
23363 A1ENITE 190
sT:L\tHtqoFJ, cA 9326?
L
Escro* No. i05r'3?9
-
SRS
Order No. 105?319 - EH
X\
rl)
//
I
AB =i2-sas--
oss
- x*
Of
DEED OF TRUST WTH ASSIGNMENT
Recnrded
Bfficial Recsrds
Courty 0f
Tulare
6ftE6ORY 8. HARDCASTLE
Recorder
0B:00R1't t7-Hey*2004
Rtc FEE a3,90
NC
Page 1 of 4
_l
sPA6 ABovF TtllS Lli'l FoR RECQRDRS UsE
-.
Assesgor's Parcel No:
255-230-004
OF FEHTS AS ADDITIONAL SECURITY
This DEED OF TRUST, rnade thls 4rH
NICKSL D. GERRITSMA, TRUSjrSE OF
,2004 , betwBBn
WYSOCKI IRREVOCABIJE TRUST
cA 93292
hereln called IRUSTEE, and
IJIVING TRUST" ESTABLISHED NOVEI{BER
County of Tulare
COU$TY OF TULARE. SaATE OF CAIJIFORNIA, ACCORDING TO
2,
pAGE
131 OF MAPS, T'IfLARE COUNTY RECORIIS.
day oi l':ay
TTIR H M
herein called TRUSTOn, whose address is te re N. BIADLEy' vrsAlrA,
ctrICJlcO ?ITLE COHPI$y, a Callfornla Corpotatlon
ANNE M. MI}f,fER, TRUSISE UNDER
'THE
ANNE I'1. MII{TER
2, 1998
that proprlv in the
Galitornia, describecl as:
1JOT 10 OF HERMOSA ORANGE COIO}TY,
THE MAP TITEREOF RSCORDED IN BOOK
APN NO. 255-230-004
herein called BENEflCIARY, Trustor lnevocably grants, ransters and asslgns to Trustee in Trust, whh Power of Sale
In the even! of a volurltary sale, alienation or conveyajoce ot all or any portion ot
the real property described herein, arry indebtedness or obligatlon r:nder the
promiesory noLe secured hereby, aL the option of the holder, shall inrnedlately becorne
due ald payable,
fogsthor with tha r6nt8, issrer and
Frotils
theroof, subjact, howEver, to the right, power snd authotity hreinatiBl givon to and contslrgd upon
Banaficiary to collgct and appty such rents, lssuos and profiis,
For tha Purpo8 oi Securing (1) pE
ment of the sum ol $67,000.00 wlth intsregt thEreon according io the 16rms ot a
promiBsory nol or nstE5 ol wan dats harwlth made by Trustor, payable to ord6r of Baneflclary, and ex'tsnslons or ronswsls thgroof; (2) the
perlormanca ol each agrearnent of Trustor lncorporatod by relerence or conlainsd h8r6in ol rBcillng it i3 so sacuredl (3) PaymBnt crl sdditional sums
and intrest thereon which may hstaaftsr bs loaned to Tru6lot, ol his successor$ or a6signs. whon evidencd by a promissory nol or noles rsciting
that they ar6 Eocured by thls Dsd ot Trust.
DT1 PGl- 1 1 /1 8,/S4br
Page 1
EscrowNo:
Los737g
sRs
AsseBsor.s parceL
No: ZSS-Z3O-TA4
To
Proioct the ccurity o{ tli:}-t9^t"
Trust' and with respct b
qs
pryp:ry qb{o,,s
describd, Trusior expres*ly rnakso each and all o, ths
agfsomonts'
and sdoptB and agreos to psrform
and ba bound by each ano lit oi ttro torms snd provislone
set forth in subdivision A ol that csrtain
Fict'tioue
D6sd of Truh ratarcdcd irarrin, anJ rr iJ *ril"rry rg."d th"l;il
"i
lh;jiou"ron, sEr forrh ln subdivtEton B of thar cerHin Fictirious
ffinHuFJ,tJlrl*m*l:nKi,.,:*:l;lini,*,al
in fto offics or{"," iounty rocoroeioite;;;t;;,.
ssid pfoprryis
rocalsd,
collfry
BooK pt,aE
efamda
12gg 556
*lpine
3 10-31
Asdor
133 {39
Butte
$30 513
Calaveraa
lB5 339
Coluoa
323 39:
C{ntra costa 1681
1
Del ltorte
101 I{g
El Oora&
T0{ 635
FreEtro
50S? 6Zt
Gleal
{69
,16
Ilu*oldt
801 83
Inperial
1199 ?01
rnyo
165 672
Xern
3?56 690
eot'lrrY
BOOX PtoE
Kingl g5g
?11
ldle
{3? 110
bcren
19? 367
Ior Angele! T-39?g
g?l
l'dera
9n $6
tErin
1B{9 IZz
lhripoea
90 {53
t+ldocib
66? 99
&rced 1660 ?gJ
lbdoc
191 93
lb$
6t 30?
lbfteret
357 I39
La$a
?0{ 1tz
rb da
363 9{
Orange
7182 16
couHry
gootr
PJTCE
Placer
l0ZB 319
Plil.ra! 166 130?
Rlvertide
3??g 3t1
sacraEnto 71-10*16
615
San Berito 300 105
Saa Bcrrardino
6213 ?69
San Frarcisco lr80l 596
San Joaguln 2B5S ?93
Sar Lric ${spo 1311 13?
San lhteo {7?l 1?s
Santa Barbara 2065
gB1
Sada Clara 6626 66{
Sarta Cruz 1638 607
$e8ta 800 633
Sar Diego Serieg 5 Book 196{,
eourrrY BOoE
slerra
38
Siakipu
506
Sola*o IZ87
sonora 2061
stadrlaul 1910
Sutter 655
Thara {5?
Trlnlty 108
Iulare e$0
fuolume t11
ftntwa 2607
Yolo ?69
rula 398
Page 1{971{
PAgE
rbt
a r'!
t2'l
585
J'J
tu6
160
237
693
shatl inul6 to a'nd bind tha oarties harato, with resped 10 th properly
abavs describad. sald agreemenb, tarme and provisions
contained In Baid
subdivlsione
A and 8' gaentlcat-tn
"rl
;;;il;j-il;pirliro
oi., *'" iirrr-ing p"s.. hu,""r,. taie uy ilrL *itiiin i"rJ"n"" rhrsro, rncorporar.d hrsln and mad a part
ol this Desd o{ Trust for
"rr
bripoto.a" iurry ae n &o{i6r$r
"i'r.ngih
herern, s,nd Benorieiary rnay cr.rarge flr I statsment
rega/ding $e obligat)on seanred rrereon provbod
thJ ffilgo thr."or'd;;;-.r;;
rirl marirnum alowed by laws.
The undereigned rruetor' requssts lhat a copy of 8ny noilc ol dafault and any fio1ic o, sa.le hereundar bs rnailBd to hlm at his addresg
herinbtorosstforh.
.'
-
-',
*
NTCIJOJ, D, GERAITSI.IA, TRUSTEE OF
T}{E H. I,t. WYSOCKI IRRSVOCABLE TRUST
STATE OFCA1JFORNIA
BY:
COUNW OF
ffr,AR.E
}
S.S.
2aa
bslora m9,
*
i:1;y,R l,.'Tj,:g
sald county
"no
s"rilffiffiipJllEJ
{L%!_12._
sqRRrrsMA
Lfl
a{
LHiiiru'lJi;''i'
and acknowlodg=ed to me th{Fe/S/ney u"""rtra1fr" eao,a In his,thu lthbtl
llTy:_1 .pgryI":)r
and. thai by- his/!{thet ;i;;;;;"i;i;J''il;
duil,ur{.eu qstssls/tres,,
"n:._tn:l,.,by
his/lg/their
"s+gE)
-dn
tire
anbtrumsnt ths
eglsolr(s),
or th8 enilty upon E;Jratt o{ wnrcn rne per8ol(s)
acted, BXeartsd ths instfumnt.
Cornrntubn t ll3dt22
Notory Pub$c - Conhrnb
Tulore County
WTNESS my hand and olticial ssl.
rtFlls
ABEA FOR OFFICIA| NoTAjnt SEAL OF SrAMn
Escrow No: 105?379 sRs
DO NOT RBCORD
fh following is a oopy ot Sutvdhisbns A and B of tia fictidous f,bed ol Trust rec''l{j,ad in ssch Do{rnty it Calitornls ss 8trl6d in tha loregoing DBod
oi Trust and incorporstsd by ra{srshc in ssid Dd sf lrud as baing s part thereot a3 il st iorlh Bt lngth thor6ln.
A- To ptotact th sscurlty ei this Deed o{ Trus!, Trusto{ sgrseal
(1) To keap eald propcrty in good condiuon and repalr; not to ramovs or demollsh any bullding thsrson; to complsts or
(8stots promptly and In
good and workmanlik* rilanngr any building which may bs con6truelsd, damaged or desiroysd iheraon 6nd to pay whgn duo Bll clsirns fol labor
padormEd and malarial8 furnjshad thare{or; 10 comply with all law! Bfl6c{ng said propsrty or requking any allaraiions or improvemnte to b
mads thsreoo; no1 to comm'ii or permlt wasie thareol; fiot to commil, eutlar or permh any acl upon e8id propsrty in violstlon ot lawi to cultivate,
inigato, lsrtilize, fumigata, pruns sM do all other acte whlch from the characiar or uss of ssid propBrty may be reasonably necoesary, fia speciiic
cnum6rEtiong h6rsln nct oxduding th gn6ral.
(2) To provlde, maintain and doliwr to BsnBficiary lirE insurgncs sstlsfac-tory to and with tosr payebls to
gnticiary,
Th amount collctod
undsr srry fire or othsr lnsuranco policy rnay b sppliod by Banelidary upon sny indbtsdnesg Bscurod hraby and in sucft order as Benoflc{ary
rnay delormins, or at option o{ Eene{idary ihe enllre arnounl eo collscbd or sny p&rt thsrool msy bs rslaaead to Trustor. Such applicaiion or
releass sha{l not curo or walve any dolault or notjcg o{ dEfault he'sunder or Invalldats any act dons pursuanl to such notica.
(3) To appear in and delend any Bc,tlon or procoeding purporting to atfucl tfts socurity hareof of tha rtght3 of powBrs of Bneliciary or Truste;
a.nd to pay all cogt8 and oxpanss8, including cogt oi !t anc of tltl end attornsy's lBos in a reasonabla sum, ln any aclion or procsedlng In which
Eeneficiary or Tru6tes msy sppar, and in arry suit brought by Bngiolsry to ioracloss thie Dsed.
(
)
To pay sl lssst ten daye before delinquency all taxee
qnd
asssssmsnts affocting said ptoperty, Including essessmsnts on apPunsnafii watsr
etb;(; when Oua, all encumbrancru, chargas and lians, with intargst, on aald property or arry pBll thsreof, which aPpeaf to be prlor or 8rJp6rlor
har6to; all co6ts, t8es and 6xpan6oB of this Ttusl.
Strould Trustor tail to maks arry paynont or to do any Bcl aB hareln
provldod, than Be naficiary or TrustBB, bqt wlthotl
gbligatlon
80 to do snd
withoul notlc to or demand uion fruator and whhoui rcleasing Trusicr hom any obligation h6r6o{, rnay' mske or do ths samo ln euch manner
and to such extnt as elther may dssm nscoBsary to protsgtitre rscuflty l'6reof, EoneRctary ol Tru8tss baing authorized to Bntr upon sau
property lor ouch purposes; appiw ln and deland any action or proceeding purpo.ting to affsct ih soardty hetoof el rhe rlghts oI powsrs o{
Bnsficlary or Trustee; pay, purchaso, conissi or compromlee any ncumbr8nc, chargg, or lien which ln the
Judgement
of eithar aPpatsto bs
prior or superlor hareio; and, in axercising arry auc*r powrs, psy nacs$ery expsnaeg, employ counaal and psy hla or hf reasonablB leea.
(5) To pay lmmodiatev and without demand all sume 60 sxpcndod by Bene{i'dary or Trus16a, wlth Inlslsst from date of
gxpndtturd
at th
amount allowd by law in sftssl at th8 dato hereof, and to pay tor aily ltat8mrnt
prorlded lor by law ln otfect at tha dato heroot tegarding thg
obligation aecured hereby arry amount drmaiddd by tho Benenclary not to dxcssd tho marlmum allowed by law et ths tlrn whon ssld stalsmant
i6 d6manded.
B, tt is mutually egrgsd;
(1) That any award ol damagea in connction wlth any condemnation for publ'lc uc of of lnjury to said proporty or any part tharao'f is hereby
aesigned and shsjl ba paid to Brnificiary who may apply ot rslaaga such monsy8 roc6iv6d by him or hor ln ths Eam manrror snd with tho sams
t'(sct 68 abow providd lior rogardlng dispoEition st procoeds oi flra or other ineuranc!.
(2) Ttsf by accaptlng paymsrrt od any sum sbcured haraby affer ltr dua data,
ganollciary
dotsE not waiv6 his or h6r righi oithgr io rsquirg promd
payment when due ol sll other eurns so EoDured of to doclare dafauli tor failurs 90 to pay.
(3) That at eny time or from time to limo, without liabllity th{ofror and wlthout notlce, upon wrifien requast oi Bonefictary snd prosntatlon qf
this Deed and said not6 tor ondorosment, and wlthout affocting tfre pereonal lisbllity of a.ny person for peymont of ths indabtedness Bacured
hereby, Trustoo may: rEconvsy
qny
part a( said property; consnt to tho maklng of any map or pfat thsreoi;
Join
in grsnting any oasemsfit thoroni
or
join in any extsnsion sgramnt or any agreemeni rubordinatlnB tha ll6n or charg heteof .
i4)
Thal upon writtcn request of Beneficlary statlng that all
gtms
secursd hsrsby haw bggn pald, and upon zurrender of thls Dsd and sald
nois to T(ur{s tor csnclialion and rstantion or other dispoaitjon as Truatgs In ttg sole diecretion may choose and upon payrnant sl its lsss,
Trrsteo shalt rconvsy, withor,'t warranty, tilg proporty th6n held horoundsr. Tho recitslg fn $uch rscon!yanco of any mattgrB or fac*8 shall bs
conclusive proof oi th6 truth1ulnass thsrsor. Th6 Grant66 in euch reconveyance may be dascrlbed ae the parson or pfcons lagally sntitlsd
thsrsto.'
{5)
That as additional eocurity, Trustcir hareby glwe to end codaro upon Beneflciary the right, power and authofiry, during ths coniinuanco of
thos; Tfusls, to cotlct tha r6nta, irsuss anU pronG of BAid pfopsrty, redwlng unto Truslor tha rlghl, prlor l,o any dslsult by Trustor in pai'rnent of
any indebtadnoss scursd haraby or in performsnce oi any igreimanl hrraundor, to collosi snd retaln such tant3, iBguas and profitg as thay
bsbme du and pay&ble. Upon iny euch default, Eenaffciiry may at any tlme wlthout notlca, eithet ln prsonl by agnt' or by a recshsr to bB
appointBd by a court, and wlthout regard to the adoquacy of any Bscurity for lhe indgbiednees harby sscilred, onter upon_and taks posss8sion of
siiC proper{, or
qny partthreof, in hig or hsr own narni aue fdr or ottrouies mlleci euch rent8, iss.lss, and prqfib, including thoee paet duo and
unpaid, and-Epply ihe same, loss coBts snd oxpn8s ofopafation and colfoction, including l6asonabl6 Bttomay! fo6s, upon sny ind6btsdnsss
securod hereby, and In euch order Bs Boneficiary rnay dstaimina. ThB ontrlng upon anC bking posssssion of sald proporty, tho collection oi euch
rents, is6ue8 and prolits and thB applicstion tfiersof as aloresaid, ehall not cur6 or walva any de{ault or notca of defeult hereundor or invalidets any
aci dons
pursuant to such notics.
AsgeBsor's Parcel No: 255'23a'oo4
oTlPG38/O8/94b*
Page 3
EscrowNo;
10523?9
sRs
AsseEgor,e
parcel
No: 2s5-230-ao4
--(6)Jf1
upon dafault bV Ttjfl Ln
qrvtull ol.any lndetrtednse$ 8srured hereby oi in porlormancs of any agremont harsundar, Bensfidary
may dsdffe all sums sacutod hreby immadiately due and payabla by delivery lo"Trustse o{ written dsclaration of doteutt and demand fot sals
end ot *Yittn notica of defallt and oi alsctlon to ciuse to ba sord saio
jropcrty,
'wrrlctr
noucs Trurtoe ehall csuBo !o ba filed {or record, B,snsficlary
also
ghall
depoa.il with Trustos thls Deed, ssid not6 and all documntg svldenclng oxpanditures socurd h6rby.
After the lapss ot Eudl time as may then ba raquired by law toilaving ths reoordation of said notico oi dofault, and nolcs o{ eala having boen
giwn aE thln requirod bv law, Truetei withcut damand oi rruetor, r'nai ;it ;'[
;6;;-ry
al tho
gmo
and place {ixed by ir in seid notica ot sate,
8iffior ea I wi?ol6 of in sapafst parcels,
and ln Bu6h otdar s lt maydaiermhe, at
ludiic
aucrion !o th6 hlghoBt blddsi tor ca6h In lswtul monoy of
il1u1l16d siat88, payabLo
al.lirne of sa-le, Trustoo rn.y
io*tponu salo o{ all or any porflon of Eaict proprty by public ennounc.mnt at such timr
and p{sc' ot sale, and lrom tjrno to tima tsrsatlimay'portpona
euch sale-by public announ*msnr!i tha time fixed by th6 prsc6dlng
PostPonsmant' Trustss thall deliver to suoh pulchaEr
ite deia dnwlang the properi so sold, but v/llhout any oovsnanr or waranty, sxprsss o,
impliod' Tho recitalg in guch
deed of any matter* or iacts ehatl b; ;dd;;;
t;;'Jthe
truthtulness thr6of. Any pereon, inc,trlding Trueror,
]rruslos, or Banetlcisry a9 hdreinafiar defifu, may gutd.tsRs etsuch salr.
Altar deducting sll coBis, f88 and xPsns8s o{ Truslo and ol thlg Trud, Including coBt o{ vidonca ot titl in connection wlth sal6, Trustss shall
apPly the procoods of ssle to payment ii: all sums oxpended uodof the term* horad, not then repald, with accru6d lntsrgst at ths smount allowd
by taw in etfect 8t ths date horaof; 8^ll othsr sumg thn
'gocurgd
hsrsby; and th6 remaindEr, it any, io ttre p"r"on or prtso;s bgatty Bntiggd thoroto.
P)
Bsnaftclary, or any succs8or lrcwnetehlp of a.ny indbtodnosa socurod hereby, msy from tims ro tme, uy insrrumsnl in witjng, substitute
8 strcc68o/ of
guccagorB
to
?ny
Trustoo namsd hersin or actlng hereunder, whlctr instrumsnt, exscutdi by tha Bnsfidaif arro oury
acknowlsdged and recordsd in the'qffice of the rscorder of tha coun! or countiss where ssld property ls eftualed,'shall bo conclusiva proo{ oi
propor substitutlon ol such Buccsssof Trusiee or Trueteee, who ehall,
irvlthoul
oonveyance {rom'thg Trustee pr6dscas_sor, succoed lo all hs,iltlo,
astata, rlghrs' powars and duties. $8ld ins'trumonl musl conlaln tha narno of ihd origlnal Trustor, TrijstaB and Bcnaflciary hBrsunder, ih6 bosk and
pag6 wharo this D6od la rocofd6d and ths namo and addrsss of the now Trurto!,
(8) That thls Deed applita to, inutes to the bnafit o{, and blnds all parties herto, *1eir hsirs, lsgataa8, davlsss, edmlnistator8, xoculor8,
guccesor8,
and arsigne, Tho Jrm Beneficiary shall mean hs otynar and holder, IncJuding pledgoasloi the not6 tecured haraby, whother or noi
qamf a9 funellctary harcin' ,n this Deed, whenovor ths conioxt so fquhas, rhe meeculii! genier lnciudes tho fomlnine andr/oi tne nsutDr, and
ths singuler numbf indudes the
plural.
. lo)
r\ Trust$ accspts thi3 TruBt r/vhsn
lhls Oead, duly exscuted and aeknowlodgod, ls mado a public record a! pro4/ldsd by law. Trustea is no1
obllgaled q nolify srry perty horsto of psnding
salo und6r any olhr Dead ol Trust ir of any ac{on or proceedlng in whlch rlistor, aenaicrary oi
Trustae Bhall bd a pEr-ty unl6s* brorrght by frustee.
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO CHIGAGO T'TLE COMPANY
Tho undorslgnad is tfE lsgel owner and holdar of tha notB or no16s, and o.f all oihot indobitodnoas sscured by ths lofogoing Dod ot Ttu6.t. Said
note or no1B8, togthar with all other lrdebtedness aarurod by sald D6d ot Trust hsvs bsan tulfy patd and sati6ed; and you irc heraby requested
8nd dirqod, on. payment
t"
ryj^g i1y
sums owing to.you undar th6 rerms ot sald ood of Trust, io canosl ssld nota or not abovs montionsd,
and 8ll othel avldencd ol indebtadnss
scrrled
$
sati oreo pt
lrust Js,;vsrod 6 yo; harewith, together wiirr tla said DEed o{ Trust, and to
raconvoy' without wafranty, to the patli8 dslgnated by th6 tarnre crl ssld Dosd ot Trusi alt the ostate nd# ne16 by you undar tha same.
Datsd
Pts8so rnail Desd ol Trusl,
Nols Bnd Reconveyancs$
Do not-losa ot destroy thle Ded od T, ruet OB THE NOTE whlch it sacuree. Both must be daltvered to th Trustea lor
cancallatlon befors reconveyance wtti Oe miia'e.
DTIPG4+810/9{bl(
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Proof of Service
SPECIAL WRITTEN INTERROGATORIES TO DEFENDANT NICKLAS
HOFFMAN OF PLAINTIFF Melodv Gillespie Set 2
ON THE DAY OT:9L5 \ON.BY MAIL ON THE PERSONS OR PARTIES
BELOW AT TI{E ADDRESSES TO FOLLOW:
DEFENDANTS Nicklas Hoffman , ET AL,
I am not a parfy to this matter. I am over the age of eighteen years. My business
address is 934 W. Henderson, PMB#z 132, Porterville, California,93257.
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//
qkST&.tz
"/ /
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Melody Gillespie
c/o P.O. Box 8323
Porterville, California,
93258.
Melody Gillespie,
Courtney Gillespie,
Plaintiffs,
-VS-
Nicklas Hoffman;
Et AI,
CASE #: 10-238961
DEMAND FOR PRODUCTION
TO DEFENDANT Nickol Gerritsma
OF PLAINTIFF Melody Gillespie
Set 1.
Defendants
Cross Complainants,
Nicklas Hoffman, Et Al,
PROPOUNDING PARTY: Plaintiff Melody Gillespie
ANSWERING PARTY: Defendant Nickol Gerritsma
SET 1
To: Defendant Nickol Gerritsma:
The following Special written interrogatories are being propounded to you
pursuant to the Express Provisions of California Civil Discovery Act found in
in the California Code of Civil Procedure
;
You are required to deliver a written
Response to Plaintiff Melody Gillespie within 35 days of date of mailing to you,
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or in the case ofpersonal delivery 30 days ofthe date ofsuch personal Service.
If you fail or refuse to answer as Required Plaintiffs will move the Court for an
Order Directing you to do so, & for Monetary & or Evidentiary Sanctions or a
Dismissal Sanction against you.
Production Request #:
l. Please
produce
tlre
"promissorv
note" executed bv vou in the sum of
g
60,520.00
for examination & copving at tlte sddress in the top left hand corner of this
document, Melodv Gillespie c/o P.O. Box 8323 Porterville, California,93258;
said document described in tlte attaclted document
"DEED OF TRUST" ,
TULARE COUNTY RECORDERS OFFICE DOCaMENT #: 2006-0002762
SIGNED BY YOU ON MAY 23, 2004, NOTARIZED ON JUNE 8, 2OO4:
SEE COPY OF SAID DOCUMENT ATTACHED HERETO AS EXHIBIT # 1,
WHICH IS HEREBY INCORPORATED HEREIN BY REFERENCE AS IF
FULLY SET FORTH, & IS HEREBY MADE A PART OF THIS
DOCUMENT. THE SAID PORTIONS HIGHLIGHTED IN YELLOW.
O n th is d ay, the-
]ffay-
o f-th e-ninth -m on th-fw o -th o u s a n d-twelv e,
Mdlody Gillespie
all Rights Reserved.
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EXHIBIT PAGE
TNDEX OF EXHIBITS
# l:
"DEED
OF TRUST', T(ILARE COUNTY RECORDERS OFFICE
DOCUMENT #: 2006-0002762, SIGNED BY YOU ON MAY 23,2004,
NOTARIZED ON JUNE 8, 2OO4:
Page : of +
#1
RECORDil\iC RE
Q
UESTED B
y
and WHEN RECORDED N,{AIL TO:
s&E
(r.,P)
l3? E
r4tARE A
v
t*23o
Tut*ra-e CR
%r'.14
ilillililf ililililtfililltlfiltil
"
%
a@ra6-aga2-7,e,
v
Recorded
0ffici*l fecords
County 0f
I ulare
6flE$0ny 9. l#tPDc0sTu
Recordtr
1$:05flil l1-Jan-?S6
Kr.L ftt. 14. S0
lr
al
Page I af ?
DEED OF TRUST
Ttlrs DEED oF TRusr, Made Ehj.s EwenEy-third day of May, 20a4, between
Nickol. D. GerriEsma, Trustee of t.he H. M. Iîysocki frrevocabfe Trust, herein
called TRUSTOR; and
NEW PARADIGM HOLDING COMPANY, herein calted TRUS?EE, and
herein called BENEFICIARY,
WITN"ESStrTSt That frugLOr frrevocably crants, Transfers and Assigns to Trustee in Trust,
Llith D^r^'ar
^f
cala
that real prcperLy in TuIare county, california, Described as:
LOT ]-O OF HBRMOSA ORANGE COLONY, COUNTY OF TUI,ARE, STATE OF CALIFORNTA,
ACCORDTNG TO THE MAP THEREOF RECORDED IN BOOK 2, PAGE ].31- OF MAPS, TULARE
COUNTY RECORDS.
APN 255-230-004
Together With fle renls, issucs, and prolSts tbereot. Subjcct, llowcvcr, to thc right, powcr, a:rd authoritv given to and conl'ened upol Bcneticiary
by Parugraph l0 ol-the provisions incorporated hcreir by retercnqe to coilect arid applv such rcuts, issues, and profits, lbr the purposc ofsecuring
pa1nrentoftheindebtr'dne.ssevidenoedbvaprorni.$son,1111",rrJ.evendalchcrcrvjt}r,csr:crr1edby,I.r.storiltthesuIaot.$60,520
sums and intercsl thcroon her*afl.er loancd bv Bureticiarry to the tlieu reoord orvncr o1-vrirl property, which louns arc evidenced by a promissorv
n0[coriol!'s,cottttltnirlgarulitirtioltu]rlll}jsDcct]o|.lhrstsuctlrcstlre
regarding the obligations s,xured hereby reqUustetl by or lbr'l'rustor, and thc perlillrancc ot'eauh agrcement hcrein contained.
To protuct tJre security ofLhis Decd of'Irust,'lrustor agrees: by the exccutiou and dclivery ofthis Trrtst Decd and the note sccured hereby, thal
provisions I 1o 14, inclusive, ofthe lictitious Deed of'l'rust reoorded June l, | 953, in thc book and al the pege ofOll'rcial Records in the oliiue ol'
tbecounty recorder ol'the county rvhere said property is located, noted hcrc with thc nurne ofsuch county,, viz.: Tilare county, hook 1{i?9, page
106 (which provision-s arc pritrLed on the reverse hereol) hcreby arc adopted anrl iuuorporated hcrein and made a part hereofas fully as thourh set
tbrth herein at length; tlral Tru*tor will obscrve and perlbrm said provisiorrs: ald that thc ret'ercrrcqs to propcrty, ob)igations, and partics in said
provision"- shall bs construed to ret'er to thr propcrti,, ohligations, and partics set li)rlh in this Deecl ol'1rust.
Thc undersigned
'frustor
rcquests that a oopy of any Nolicc ol'Det"gult and uny Noticc ol'Sale hereun<ler be mailed thc acldrcss hcreinbclbre sct
1'orth.
state of Calitornia
l
iss.
^^rrntst,
a T.'r1-*6r
\
lvurrLJ U! I urq!u
I
on \,+..* 8 ,za.s
<- \ \
*\
.-\
before me,
\\e'PherL \). \leePef
persona).iy appeared
NiCkOl D Gerritsma
*
proved to me on rhe basts of saLisfaccory evidence ec h,e the person
whcse nane is subscribed to the within instrurnent and acknor+ledged to ine that she execuied the
sane in her aut-horized caDaciLv, and that bv her siqnature o:r the instrument the person
of the
pnl-itv
ttnnn bchrlf nf
'ohilh
tha nFrson acrcd. exeerrl-cd thLe instrUment. !.:! yu!'v!:
ckol D Gerritsma, Trustee of Ehe
H. M. Wysocki lrrevocable Trust
,Ccnyi$fit
laltst?U,
lroH?he.cdoqrq
facl.Cos*,
wITNass my hand and offj_cial seal
-,f!: l"-llllrilx
is
;t
gopy of provisions,1. thru- 14, inctusi'e,.,t,nrl':,1'3J-t::'.ltllll,,-, rulerrcd ro in rhc rbrgoing Dccd orrrusl and inoorrK)rared by
relerence lhcreln as being pan thereofas ifset lbrrh at lenlrh rhcrein,
To.protect tbc securiq' rrf this TJecd ofTrust, Trusfor a-grers:
( r
J
lo xeep sar0 propcny tn godd condltron a|ld.rcfulr; not to irmole or dernolish rny building thcrcon; !o rstor promptly and in good rnd workmanlike
mann-r any oullolng.wnlc]l. may be construtted, damsged or destroyed thereon und lo pay rvhen due all claims fqr labor performed and naterials fumished
lnercloq ro comPly-w|rn 8ll iaws aEesllng sald proprty orrequlnng any slterslions or improvemcnts to bcmadc thcrcon; ncf to commit or pcmjt wastc thcrcof:
not b commll, sutrcr or
Permtt
8ny 8ct upon sirl propcrty in violation of law; kl crrltivate. irrigatc, f'ertilizc, fumigate, pruno and do sll oiher acts whjch liom
lllc cnsjacler dr u$e ol s.ld
Propcfy
msy bo rcasonably rrecessuryl thc spccilic cnumeration.s hcrcin nol excluding. thc ceneFal,
(2).Toprovide, mr:intain snd.deljl'er to Beneficie_ry lirc insurunce sstiif'actory to and with loss payabic to Benoiciari. Tbc amount collectcd undsr any fire
or olher.lniursnce
Pollcy
mdy be applted by.tlcnehcrary uFon sny irrdcbttdncss sccured hercbv
gnd
in such ordcr a.s Bcnaticisry may delcrminc, or at obtion
olUen9'ljcJarylhe.cntlrclmoUntso.cOlIcctedor8nyp8'tthercdJrnttyhr':rc|c:rscdto.frustor'Suchapplicationorrelcaseshallno1curoorwaiveury
notlae Of delault thereundel or Invirltdats any acl donc nuh..lHnf lrr such notice
(-3) To
lpPeur
in and del'errd eny action or proceeding'purponing to all'cct lhc sccurit; ht'ruol'or thc righls or powers ofBeneficiary or Trusle; aod to pay
uli
c()stsanoexP9n1e's'lncludlnqco.stoIel'|denccotI|l]eudattorney's.t.Gsinurcascrttublcsum'in8fySuch&cti0no'
may app{r. and io any suir brought by Bcncliciary to lbreclo,^c rlris i)srd.
,
(4) Tu pay: at least I 0 days bclbre dclinquencv ull laxes and.s-sscssments allccting said propcrty, including dssssments on slFurtcnsnt wster stock: when
3ll;iitili!,f,3incc\.
cnarBes srrd l,ens. lvrlh tntersL oR sstd
FcoFerty
(r( B$y part thcrco[. vJhich appcr tD bc prior or supcrior herero; al] cost, lees and
Should Truitor f'ail.to mskc any pa)'nlent or to dorny ect as ltercin prr:viried, thc l)unelicirq'ur Trus!ee, but without obligstion $o to do
gnd
without natice
rooroemanoupon trustorand.rvrrtroutTlcusln$lnrstor.[R]mlnyobirgationlrcrerrl,.rnnylrrrukc0rdoihcsameinsrchmannerandtosuchcxtenlueithcr
t1yl:pl]i"":l]'lrJ]|qro!::tt!9JUcurttJheru(}l'iicneliciuryrlrTru.ltcc.hcjngartt)rorizedto.nteruPonsai{propcrtytbrsuchpur*s
9-n|1c;t.onorlr3cccdl'lqpuipofltl9lo8t1ectthe.\ccurl1Yhcrcot8ndt.hcrit[hlsan
Incumbtancc, charg.c 0r ucn whtch rn,lhe1udgment or cithcr *ppsrs to hc pior or supcrior hcrelq and, in u.<erci.sing Lny suoh
Fowers,
pay necessar-t erpcnsus,
cnplov counsel and nar" his r*sonrrbJc leus.
(l)
Jo
poy immcdiitely und wrthoul dernand all. sums so cxpcndctl bv Bcrrcllciary or'frur.te, wiih intcrcst l'rom datc of cxpendilurc at 7olo per annum.
,(oi
I nat iln)'arv{rd ot dumnges ln c{]n!lcc(k)r\ wtth uny cr)lldernndlrDn lbr pubhu usE.ol-or rr1u1v lo said property or sny part thcrof is hcreby assitned and
snall bs ostd lo ttcncllclaw who,lnay Bpply or releasc such moncys lcccrvcd by him in ths sgme manncr and with lhe samc elIect ss
gbovc
provided for
dispositirin ofproceeds ot'fire or orrer tnsurunco.
{? ).Tlrlt
by accepting payment ofanY sum
_secxred
hereby aller ils dlrc da'tc, Uonoticiary does not waivc his right eilhur to requirc prompl psyment w.hen duc
QI atj otncr suns.s secured ot to declarc delault lor lallurc ao lo rrav.
(8) That ut any tinre frora timc to dme, rvithout tiabilily thcrclbi airrl \yiih(rut noticc, ugr:n wincn requcst of Beneliciary and prcsntul;on of this Deed and
said notc lbr endorsemenl" and rr'ilho$t rllrclinglhe personal liabilitv o.f un1,6,cr,s,rn lbrprynrent of tha indebtcdn* swurcd hercby, Trustcmay: reconvev
any pafl oi said pl.opcrtyl con-srnl f o tbe making r:f any mrp rrr piat the rqrl: join in granting Hny cs.semenl thereon; or
join in uny estcnsion sgrrmunt or ani
aarecmcnl subDrdtnalrnJq tnc iten or chiltRc herml
j9)Th*t
upon s,rilten-request ofbenel-{ciary sutinlt thrl ull sums sccurcd hcrcbv have bccn
psid, and upon surrender ol this Deed snd said note to Truste
lbi cancellution and rctcntiin and u;nn rcp&ymcnt ol'its lees, Trustcc shull rr:convcy, rvithout warranty, t$i properly then held hcrcr:nden Thc rccitals in such
rcconvcvurtce rrt ilnv rnatlcrs ol- lirct shall iic conclusive nrooLrl'the truthtirlncss thcicoll l'hc xrntcc ih sucli reionveyane may bc doscrib{d as "the perrn or
persons1cga}lycntiilcdthurgto','FiveyearsalIcrissuirnciofsuchl.u]1rccr:nvcvunce..l.ru".tectlydesl
to rctr rn thctn ).
{'l0) That asi additionul sccuritv.
'fruslor
hcreby lrives und conlers unon Bonclicirry thc rig.hl. rowcr and authority, during ths continuance o{tlese Trusk.
to.co|lcctthcrcnts.issucsandnrt.riltsofsgidorooe*v.rcscrvin(un1oTrustortltcri'riri.nriorIoa{ivdel.auJtbvTrustoiinnoy-mentoJ.anyindebtngsssecured
hercbvorinoerfbrmanccul'lnyagrcernentltc,rcundci..t,rco||ect-andIcuitlstlchrcnti.isuerundnril|itsastheibecomcduaidpayub
Bcncliciury may ut any tirne withlut noticc, oithcr in pcnon, by agcnl. or by u rcccivcr to be appointed by a courr, and withorit icgard ro the adcquacy of rrny
secrrriN1ilrthcindcblcrJncsshcrebysccurcdcntcrurronund1akenosscssiotlrrl.suidprtlrrertyorunyFrrtionthergof'inhisownnamesuefotorothehvisccolJt
such lents, issucs und prolits, inoluding thosc pust dLic und unoaid, urrd apnly rhg .anic, [ess iosts aird exnenses ofopcration and collsction, includinr rersonuble
atlorncy's l'ees, uporr uny indebtedncss secired hcrcby,
gncl
in such cjr'dir us tscnclicigry nrrv detcrririnc. Tha dnterinF, uoon and tukinr pcssrision
ot suid
property, tlre collcction olsuch renls, issues and profiti and the appljcation lbcrutl'us afiiresaid. sh*lt not cur or wa-ive andy dofaulioi noticc ofdcfaulr
hercunder or invalidste 8nV uct dnn. n'r^ri,nr tn <r'rh nrrrica
..i.jTi'".'P",j"i','lil,yr."iiJi;.;;f;;iti";y.iui"t-r"an"n,*"curc.l.ltcrcbvorin5rr|irrm1r.tcêo|[ny.rgTecmnthereundcr,.l}ene!i
a1l5tlmsscc1|rco|}creoy|mmcolalel}olreandpay8blcbydellver},|()lrns(cc()l!vn{lc']dcc|sr$tl(}n0lde'aUll&nddema|,ldtor|eand
and ol'election to causc to bo sold ssid
Fropeq,;
which noticc Trustse shail cause to b lilud li:r record- Benuticiary also shall deposit with Trustco this Deed.
ssid note {rnd all documcnts evidcncrng exncnditurcs sccurod hercbv-
Mur the lap* ol'\ûch time a$ nray th?n & required by law tbllowii,l rhc rccrrrclation ot'said noticc ofdeJbult and notice of sale hsvina been rivsn ss rmuircd
by luw, Trustee, wilhout dcmand ofTrustor, shull scll sdid property atilx: timearrd plrce lixcd by it in said notiie ofsclc. eitheras a whofcor inicnarstc njrccls.
and in such order as it may dctcrnrine, ut public auclirln 10 ihe higliesr biddcr t',,r cuih in lawlul morrey of the Uniwd States, pyoble at time of sli, Trusice mav
P0's1F}oncssjeolsl|()rLnvpdr1lonUl'raidpr<rpcrtybypub|icannourtccrncnla|stlchtirttcandplaceo|saJe,andfromtimctotimc1hereullermgyslpone$uoh
srle by public announccmcl)l at thc lirnc lixcd b1'prcceding
Fx).s(prtlcnlent.
Trustoc shull delivcr to such purchaser its decd convcying such pnjperiy.so
sold.
bill wtthout Bny covcnant ot lvurrsnty. rxprcss or implied. The rsciuls in such dcod trt rny mutters rrr tb,cts shall be conclusive nruufofrhe truthlu'lneis thcreol.
Any person, including Tru.sttrr,
'fntslee,
or Bencliciary as hercinatlrcr delined. rnuv purchasc at >-uch sale.
A-Rcr dcdocting all cost.s. lte.s nnd cxpcnscs ofthc Tiusie and ol'thjs
'frust.
inch.iding cost ol evidence trl'title in connection with sle, Trustee shail tnnlv the
prrccuds ol sule lo pavtncnt.t:l: all sums expcnded under the lerms hercrl, nor thcn rcpaid. uith uccrucd inlerest at ?o/e pcr annum; all othcr sums thcn'sicured
nercDy;3no rn9 rdtllatnocr, tt any, to tne pcrson or pcrson legslly enirilcd lhctgto.
(.1 2) That Trusl()r. or il said proporty sliull have blen translerrEd,.tho rhcn rccord owncr, tL\Fclhcr uith Beneficiary may tiom time to time, by instrument in
wftlng,-\ubstltute,a succes\or o(.succcss$rt: to any TrufiLa nanrcd hcrcirr rrr tcling hcruundcr, whiuh inslrument, executed and acknowledged by each and
Trtl}-tcu()[].rustecs,rv|trts|ta|l,wihoutcottvcyurrcclitrmthc,liust
contuinthcnatnctrt.tlre'criqinul1.rusttrr,1'rui!ecandBenciiciu4hciuurrdur.rhubrlrkundpnguwhcrethisD9edis;|orded'gndthenarne,nJ,aJi".*."i,'
lir.stcc_.shu l l,lrve. bcen, paid l o such, Trusteq
subshtutlon t)l I rustecs shall bc cxcluNive ol uli uthcr prolisions
lbr rubitituti,rn. slututory or olhcrNisc.
(l.])1.hatthisDccd8pF]iesto,inurestothcbencti1;|andbiudralipur1icshcrutrr,thciihci
{}--si{s.Thc1ermI}eneiiciurshu||rnutrI|let:wtturundh.lldcr.irlc|rrdingp|ctlgcs.of1hcnotu".ecicd.
this Dccd, whcnevcr thc u(,nlext so rcqrtircs. Ihc mascrrlinc includcs lhc l'cir:lrrirrc rndlrrr rrettlcr. snd thc sin*ulur number incJude"- the plural.
( l4) That Truslcc Jclclts tlris'l'rust ivhurr this Ded, duly exccutctJ rrrd ucknorvlcdgcd. is ntudc r public riord es provided by luw'frustcc is not obligeted
lonofiIyanYPafYhcrcltiol.Fend]ngsuIcunduranyutiter6cedp|.'l.rtLsttlro['utt1,actii'ntirPn,cucdinginw|rich1.rustbr.enet!ciaror
unless brrrught by Trustec.
D{l N0'r Rrc'oRl) R r Q U nsl' t;0 ll I,'l i l,l. lt li coN\r D1'Ai"l cli Tu bc usetl nnJy rvltcn nut hrs bcen p:ri(1.
1'.-)*
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,'lrtlstcc Datcd
lneUnder5l[nodl9I,9|()!vnefandnolder0ta||llldcbtconci-ssccttrr:dbvtlrisl)ccdo|..Iir,st.AjIiut'si6urtf6eIe5.'-fve_5eenfIivsutiiii}d.,ana
herobyrequesGd,accirrdinntotheterm.sol'sgjdDcedoiTru.sltocunccl dlcr,idcnccsofindshtcdness,secrrrcdbysaidDeedofTnrst delivcredtovouhircwith
trlgetherrvitlrthe.taidDeciiof'Trus!andtorcconvc-y.r.dthotitivarranry.ttlihcpunicsdcsigl\atcdbythetcrms-trfs{ridDcti'Tlus1.
you und6r lhe $ame,
-
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Proof of Service
the State of California that I served' the here attached document Described as:
DEMAND FOR PRODUCTION TO DEFENDANT Nickol Gerritsma
OF PLAINTIFF Melody Gillespie, Set 1.
ON THE DAY OP:912612012, BY US F.IRST CLASS MAIL, on the persons or
DEFENDANTS Nickol Gerritsma, ET AL,
address is 934 W. Henderson, PMB#: 132, Porterville, California,93257.
e/zr/z--rz
Page + of +
Courtney & Melody Gillespie
1831 N. Lime Street
near Porterville,
California
1932571
October 7,2012
RE,: GOOD FAITII ATTEMPT TO MEET & CONFER
TO SETTLE DISCOVERY DISPUTES OUTSIDE
OF COURT IN CASE 10-238961 Gillespie VS Hoffman,
Et AI, & RELATED CROSS ACTIONS
To: Defendant Nicklas Hoffman, & Related Cross Complainants & their Attorney
of Record Robert J. Fletcherq Please take Notice of the following Matters:
1. We the above named Plaintiffs in Case #: 10-238961 are in receipt of your objections
to our outstanding Discovery Demands previously served upon you prior to the last
hearing before Dept.7 Judge Paul Vortman, as being untimely not within 30 days prior
to the initial date of Trial, which was August 22, 2011 Pursuant to Calif. C.C.P. Section
2024.020. As you know, since your objections
,
we have filed a Motion to Reopen
Discovery, which was subsequently granted by Dept. 7 Judge Paul Vortman which now places
the burden & Duty upon you in this Case to promptly Answer Discovery Demands served
upon you pursuant to the express Provisions of the California Civil Discovery Act, which is set
forth in the California Code of Civil Procedure, as you may be aware. FOR further education
on the purpose of the Act, & your Duties under the Act in this Case please read the California
Supreme Court, in Bank, in 1961, in Greyhound Corp. v Sup. Court, 56 Cal. 2d,355,813161
which may clarify your doubts, questions, & confusion regarding Discovery in this Case.
2. Since the Courts Order re-opening Discover,v vour Obiections to Discoverv
previouslv
served,
hsve all been eliminated, &, in deed,
qs
a clear evidence of that fact, vou
lxave
failed to serve
anv further obiections to the said Discoverv which wus subsequentlv served upon vou on 8/24/
1of5
2072, bv US First Class MaiL Certified Mail with Return Receipt, for which ,ue huve the sreen
card showing vour signsture upon receipt of said Discoverv demands on that date. which
evidence will be attached to our
pending
Motion to Compel Answers to Discoverv if vou do not
immediutelv contact us bv
phone
at 559-788-0630, or email at sillespiecourtnev@,smail.com .
or in
person.
ststing that vou will immedistelv
provide
answers to all our
previouslv
served
Discoverv Demands.
3. We
previouslv
answered
vour Discoverv Demands & answered vour follow up letters
regarding Discoverv st least 3 times in this Case. to which vou have again requested more
answers from us, for the 4th time, which is unhesrd of, & unreasonable, as vou have wsived
vour
right to file anv Motion to compel further
answers which was 45 davs after anv alleged
inadequate answer, which ss vou claim in vour
papers
was some time
prior
to expiration of the
first
Discoverv Date, which was in 2011, us vou
previouslv pointed
out in vour obiections.
You hsve not served unv subsequent Discoverv demands since Expiration of the first
Discoverv
period, & the re opening of Discoverv bv Judge Vortman, therefor vour
recent letters wherein
vou complain & threaten us about Discoverv, are clearlv misplaced & an attempt to distract
& divert us from completing our own Discoverv, which we recognize as s cheap stalling
tactic, for which we will Move the Court for Sanctions sgainst vou if we are forced to
file
the Motion to compel answers to discoverv. SEE CALIFORNIA CCP SECTIONS:
CCP 2030.300 C),45 DAY LIMIT ON INTERROGATORIES; CCP 2031.310(Cr: 45 DAY
LIMIT ON INSPECTION. DEMANDS: CCP 2033.290(C); 45 DAY LIMIT ON ADMISSION
REO(IESTS. Your Failures to Answer Discoverv have taken up over 4 months now ! ! ! !
4. Taking all the foregoing above cited mutters into consideration, along with the fact thst
Nicklas Hoffmun & his Counsel Robert Fletcher were
present
ut the hearing on 6/5/12
before Dept. 7 Judge Pqul Vortman & must have heard Judse Vortman Respond to Plaintiff
Melodv Gillesoie's statements that the Gillespies will need at least 6 months to complete
2of5
Discoverv & file Pretrial Motions , bv sqving
"vou
h)ill
get
vour discoverv", etc., thoug}n
the Court failed to set anv new dates for Discoverv deadlines" Discoverv cut off Date, & for
Pretrial&Dispositive Motions.etc.,it was clear from his words at the last hearing on the
th of June. 2012 that the said Judee Vortman intends that the Plaintiffs Gillesoies in this
Case will have the Opportunitv to complete full Discoverv & file all necessarv Pretrisl
Summarv Judgment, Judgment on the Pleadings, or for Dismissal as Sanctions , or for
Breach of the Clean Hands Doctrine, etc., & this is Supported bv the fact Vortmun recentlv
Granted our Motion to re open Discoverv. In light of the fact further necesssrv Court
Proceedings to settle these Discoverv disputes will obviouslv take up an Excess of Court
time & energv as b'ell as the extra time & enerw of the
parties,
we
propose
the
followins
Settlement of the
present
Discoverv Disputes:
(1) Defendants Cross Complainants answer all Discovery Demands of Plaintiffs past
and Future on the Merits without objections, &
(2) Plaintiffs Gillespies will answer all future Discovery Demands of Defendants
Cross Complainants on the Merits.
(3) Defendants agree to Extend the Trial & Discovery Dates for 3 more months to insure
Discovery & Pretrial Motions are completed before any Trial.
5. If you do not agree to the above proposal within 24 hours of your receipt of this letter,
then we will be forced to iile a Motion to Compel Answers to our Discovery Demands,
& also for Monetary Sanctions, including for the Cost of the Motion, & I or for a Dismissal
Sanction Dismissing your Cross Complaint, & for Extension of the Trial Date & Discovery
cut off date.
6. Please send your reply by phone or email, as set forth earlier herein.
On this day the-seventh-day-of-the-tenth-month-of-two-thousand-twelve,
PROOF OF SERVICE
Good faith meet and confer letter to Defendant/Cross Complainants Nicklas Hoffman, Et Al,
4of5
On the day of 10 / 12012 on the parties named below at
the addresses to follow:
Said Service was by first Class U.S. Mail with the document enclosed in a sealed Envelope
with the postage therefor fully paid by me. I am not a party to the within Cause of
Action. I am over the age of Eighteen Years . My business address is:
[934
W. Henderson,
Porterville Californiarg32lTl P.M.B. #2132. Executed by my hand on this day,the day
of October, 2012, in the Republic of California, Tlrlare County,
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2A
Melody Gillespie,
c/o P.O. Box 8323
Porterville, California, 93258.
Courtney Gillespie,
Melody Gillespie,
Plaintiffs,
-VS-
Robert J. Fletcher,
Et Al,
Defendants.
TO:
'.DEFENDANT
/ CROSS
COUNSEL OF RECORD:
1. Above named Plaintiffs Melody
dated August 24,,2012;in which
SUPERIOR COT'RT OF THE STATE OF CALIFORNIA
Case #:
FURTHER RESPONSE TO DISCO\TERY DEMANDS
OF DEFENDANT/ CROSS COMPLAINANT
MCKLAS HOFFMAN
OMPLAINANT NICKLAS HOFFMAN'' & HIS
& Courtney Gillespie are in Receipt of your
"Letter"
you state, among otherthingsr "@
ember 17,
and
Further Response to Discovery Plaintiff l\'lelody Gillespie- 1
urther t know tlt demnnd
time
but
non-evdswe noyt to tlt
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Nicklas in either the answer or the cross complaint submitted by Hoffman and
Gerritsma, to
provide for discovery. Hoffman ryas the one who formulated the land sales contract, and
since he
is the one claiming
"integrated"l
our question is with what? Hoffman himself is the one
to be in
possession of evidence of the formulation.of an integrated land sales contract. If such a
thing does
exist, we, then are demanding the production of the original
"integrated
land sales
contractf' along with
aII documents it is integrated with.
4. As to Social Security Numbers & other personal information we object to having to provicle
thttt to Nicklas Hoffman based upon our ollegations of his criminal Conduct &
previously hucking into our
ftnancial
accounts, & his personal threats against us &
guests at our property, shutting off our water, slrooting our animals, poisoning our
animals,
shooting at ourfriends,Iurking outside ourfence to spy and eavesdrop,ltaving our electricity
turned
ffi
along with many other acts of oppression and malice, which leacls us to believe
Ite will
use it to do hsrm to us, & we will upply
for
a protective Order Accordingly, tf you
persist in tryfug to obtain tltat infarmstion.
5. VI/e arefree to meet and confer on October 4,2012 witlt Nicklas and Nickol at 3 PM
in the conference room of the Tulare County Superior Court in Visalin
On this day, the- - dtty- af- the-nintfumonth-Two-tltousond-Twelve,
Further Response to Discovery Plaintiff Nlelody Gillespie- 3
ROBERT J. FLETCHER
Attorney at Law
P.O. Box 824 - Tulare, Califomia 93275 (559) 684-1795
Iune 12,2012
Courtney Gillespie
Melody Gillespie
P.O. Box 8323
Porterville, CA 93258
Re: Gillespie vs. Hoffman and Wysocki Trust vs. Gillespie
Case No. 10-238967
Dear Gillespies:
This letter is a fuither attempt to meet and confer, as that phrase is used in
c.c.P.
$2023.0r0
(i).
We are in receipt of your proposed discovery listed and entitled as follows:
A. "DEMAND FOR INSPECTION & COPYING
OF DOCUMENTS & TANGIBLE THINGS
OF PLAINTIFF Melody Gillespie TO
DEFENDANT Nicklas Arthur Hoffman l't Set."
(Mailed May 14, 2012)
B. "SPECIALLY PREPARED WRITTEN INTERROGATORIES
OF PLAINTIFF Melody Gillespie TO DEFENDANTNickIas
Arthur Hoffman I't Sef'
C. "FORMINTERROGATORIES-GENERAL AskingParty:
Melody Gillespie Answering Party: Nicklas Hoffinan SetNo.: 1"
OBJECTION IS F{EREBY MADE TO EACH PROPOSED DISCOVERY ITEM
LISTED ABOVE:
As you are no doubt aware, the initial trial date on this case was originally set for
August 22,20IL.
You are also no doubt aware that C.C.P.
*2024.020
reads as follows:
"(a) Except as otherwise provided in this chapter, any party shall be
entitled as a matter of right to complete discovery proceedings
on or before the 30e day, and to hav.e motions concerning
discovery heard on or before the 15* day,
bgW.
initiallv set for the trial of the action.
(b) Except as provided in Section 2A24.A50, a continuance or
postponement of the'trial date does not operate to reopen
discovery proceedings." (Emphasis added.)
The cut-off for discovery was therefore 30 days prior to the date initially set for
trial (August22,2011 as noted above). Since 30 days prior to the date initially set for
trial was therefore July 24,2011 and the last date for bringing a motion conceming
discovery (the l5e day prior to the date initially set for trial) was August 7,2011, your
proposed discovery requests listed above, mailed at different times throughout the month
of May, 2012, are therefore untimelv and thereby subject to objection.
Further, objection is hereby made to your abovelisted proposed discovery items
in that you have mailed them without
fuElhaving
obtained a court order allowing you to
promulgate such untimelv discovery as set forth in C.C.P.
82024.050.
I would further observe that this whole episode underscores your lack of response
to my own written efforts to "meet and confer" when you unreasonably rebuffed and
failed to respond to the Requests of Admission and Judicial Council Form Interrogatories
that were personally served on each of you on January I8,2011 followed by each of your
failure to "meet and confer" in response to my written attempts in February and March
201I. For your convenience I am enclosing copies of these earlier attempts to
o'meet
and
confer" with you for your reference.
I look forward to your responses to this latest written attempt to "meet and
confer."
Thank you for your courtesy and attention in this regard.
Very
Robert J. Fl
RJF/bf
enclosure
ROBERT J. FLETCHER
Attornev at Law
P.O. Box 8?4 - Tulare, Caltfomta 93275 - (559)
684-1795
August 24,2012
Courtney Gillespie
Melody Gllespie
P.O. Box 8323
Porterville, CA 93258
Case No. 10-238961
Dear Gillespies:
This letter is a further attempt to meet and confer, as that phrase is used in
c.c.P.
$2023.010
(i).
We are in receipt of the sourt's order re-opening discovery in advance of the trial
in this matter set for December' 77, 2A12.
This brings us back to the Requests for Admissions and Interrogatories that we
served on you January, 2011, over one year and a halfago. Enclosed for your references
are each ofyour inadequate responses that you each provided to those requests.
Please know that we demand not only priority in discovery at the present time on
the re-opening of discovery, but we also demand wholly adequate and non-evasive
responses now to these previously promulgated discovery requests.
I look forward to your responses to this latest written attempt to "meet and
confer."
Very truly yours,
F,{TrE\"F
't\r'..:lu:,
'Li
Robert J. Fletcher
zuF/bf
enclosures
ROBERT J. FLETCHER
Attorney at Law
P.O. Box 824 - Tulare. California 93275 -
(559)
684-1795
September 1I,2012
Courtney Gillespie
Melody Gllespie
P.O. Box 8323
Porterville, CA93258
Case No. 10-238961
Dear Gillespies:
This letter is a further attempt to meet and confer, as that phrase is used in
c.c.P.
$2023.010
(i).
This follows up on the "meet
and confer" letter sent to you on August 24,2012. I
am truly disappointed that you have elected not to respond to this letter or to provide the
wholly adequate and non-evasive responses to our Requests for Admissions and
Interrogatories promulgated to you over one and one half years ago on January 18, 2011
as requested in this letter.
In that letter I provided you with copies of your abusive responses by which you
interposed ridiculous objections such as, for example, your wanting definitions of the
words "formation" or "any" or "irrevocable trust" or "english language" or "dialect" or
"normally use" or "time" or "person" or "description" or
"your" or "within" or
"surveillance" or
"who" plus a host of other examples
just
as silly.
Because of these we expect a minimum of two weeks priority in discovery
providing us with your thoughtful, reasonable and truly informative responses.
I hope you will reconsider your actions to date and provide your timely responses
as requested.
zuF/bf
enclosures
ROBERT J. FLETCHER
Attornev at Law
P.O.Box824 - Tulare,Californta 93275 - (559) 684-1795
September 29,2012
Courtney Gillespie
Melody Gillespie
P.O. Box 8323
Porterville. CA 93258
Re: Gillespie vs. Hoffrnan and Wysocki Trust vs. Gillespie
Case No. 10-238961
Dear Gillespies:
This lettef is a further attempt to meet and confer, as that phrase is used in
c.c.P.
$2023.010
(i).
This follows up on the "meet and confer" letters I sent to you on August 24,2012
and again on September 11, 2012.
I am in receipt of your written response that was hand-delivered to me yesterday,
Friday September 28,2012. Although your said response referenced my leffer of August
24,2012 it curiously failed to respond to my letter dated September 11,2012. Neither
did it even refer to this Case No.10-238961. Enclosed for your reference are copies of
these letters and your still inadequate response.
Finally, please note that all "meet and confer" communications with me must be
in writing. Given your bad faith actions and many falsehoods that each of you have set
forth under "penalty of perjury" in multiple pleadings both here in State Court and in the
Eastern District Federal and Bankruptcy Courts over the past two years, your
oredibility
with me is "zero". We carrnot and do not trust you, either of you. Therefore, g4y
communications you have for ts,
U!;!be
in writing.
That being said, if you have anv proposals to make in this matter, please write me
a "meet and confer" lettdr.
If you now have any thoughtful, reasonable and truly informative responses to our
previous discovery requests, please provide those responses to me in writing.
Two weeks after we receive such from you, you will receive responses that are
similarly thoughtful, reasonable and informative to your own, much more recent,
requests.
I hope you will reconsider your actions to date and provide your timely responses
as requested.
zuFibf
enclosures

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