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Courtney Ray Gillespie
Melody Ann Gillespie
Roxann Davidson
P.O. Box 8323
Po rterville, Califo rnia 93257
ooPlaintiffs"
SUPERIOR COURT
IN AND FOR
fl!_Fn
]?",}LAFqE CIOUMTt' SUPEfi If"XN CCII"Jfi]
x/l
S ALB il ! i/{ 6q | _*i!
s[P 2 E 2ffi1a
Lq$MYNT1 [}LEHK. 0i" fi H}i
OF THE STATE OF CALIFORNIA
THE COUNTY OF TULARE
BY:
Melody Ann &
Courtney Ray Gillespie,
Roxann Davidson.
Plaintiffs.
V.
Robert J. Fletcher,
Nicklas Arthur Hoffman,
& Nickol D. Gerritsma,
individually & as Trustees
of H.M.Wysocki Trust,
Nancy & Alan Casselman,
individually & As Trustees
for/Managing Directors of
Shawn Ray Enterprises
Business Trust, Individually
& as owner operator of
FirstAm endmentRadio. com
aka far.comralso aka
Liberty Radio Live,& any
owned operated enterprises
CASE #: .
"P"&*s4$
VBRIFIED CIVI COMPLAINT
17 U.S.C.
S$r01,201,
507
18 U.S.C.
$$1e61-D6a@)
42 U.S.C.
$$1983,
1988(a)
ONCURRENT JURISDICTION
Trial-bv-Jurv Demanded
Hearing
Date:
Time:
Depafiment:
Verified Complaint for R.LC.O. Title 42 Copyright Violations Gillespie & Gillespie v. Nicklas Arthur Hoffman, Nickol D.
Gerritsma, H.i\{. Wysocki Trust, et al.
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EXIIIBIT A:
Memorandum or Memoranda of Agreement
Between
Plaintiff Courtnev Gillespie
and
Defendant Nicklas Arthur Hoffman
(This Document Must be Construed in light of
March 23,2010
Testimony, Transcript in Exhibit B)
In re Debtor---lulelody Artn Caslitlo Glllespie: Originol Cotnpl(rlut irt
(Core"
Ailrtersnrlal Actlou
Glllupie & Glllespte v, Nickfus Arthnr Hoffmw4 Nickol D, Gerrltatn, H.M. ll/ysocki Trust, et ol,
46
Should inL,eresE noE, be so paid, it, shall thereafEer bear fike'
I
-
inE.eres E. as the principal
,
buE. such unpaid interes t so
,
i
.
compounded,shall noE exceed an amounE egual,Eo simple interesc:,:,":ii'i
,
or-:iEhe unpa-id.rprincipalr'?at, the maximum
-raeg':peniii-E:Cp$fby,f
ew.ifui
-:;
,,i:1i:,i,.:.
:
;:i ,ii:.. ' :
"
t
;;t:,'rii.
''
,.
;i":;'i'
:i#?.Fil"4i'',i'"
.';j.;i;f;rl
i'',
Should'default be made'.,in t,he pa].menE, of .dny
linbE'aIlmenEloiy.;.'!,r
inE.qgest,'when,due, thei Ehe wtiote sum of ehe priircipat
"and:.f
':;: inieLest" shall' becorne
,.,:ir."rrneCiaEeIv,
due an,C c,alable .lau cne,'',;.*
i;,
ppFlqo
of
. t,hg-holder."of:{this., noEe .li ThIs
p,ote
is:;,s.ec*tiea uy:.a
".ff
;'certain DEED'OF TRUST to'Nicklas Art.hur, as Tru=.gpg.;,.
..,.:.,.ffi
DO NOT DESTROY THIS NOTE: When paid, this Nqce"and Ehe Deed. of
Trust mus! be surrendered with
a reqr.resC f or reconveyance.
fnstallment,
Note Secured by Deed of Trust
on or befo're Ehe f irst diy of rhe second- monrh in rhe yeir,:;ji
20)-2 A.D.
,
f or varue received, Lbe undersi-gned, courtney ri;i:
Gillespier promise to pay in rawful money of t.he unit.ed
gfilt!:'.:::
of Ameridap . .i;.:
:
',
The
'
Ii M
glysocki
Irrevocable TrusE.
r
or. order, aE,,,:i..,
designated'; locaEion,'Ehe sijm of sixLy':j.thousand
.'
dollars.t.:
iglltg{:,.1ocat.Lon,
'Ehe
-"i-t*
-
or sixrv,;trr""i";a
Lu;itu*
'''
qesrgnatre9,,
rocatrlon,'Ene sum or slxLy.'.Ehousand
.
doll{rs.i"j..;
(S50r
Q00) 'wit,h
j.nt,erest,'
from Ehe daLe of
.executibn
of chis.-r;{
r eor{i q.uu,r
yJrLrr
t rtLeres9 IrQm trfle Lrdte oI
.
executrlon
..oE
trflJ-s.
.J;*.
not-e unE,ll..pald, aE t,he int,eresE rate of 7
_p9f;..
c1n-C^,_
E:t:#
a-nnum, ppy+Ie in monthly, insE.a1lments of at fdaSt
$600.09,';ii.,.:.
beginning on the f irsE..day of t.he Ehird month of 2005 and 1',':
continuing monthly E.hereaft.er until paid in fuII;
i:'',.
uE! uqlrl ussu \Jt. .,Lll.uD J. LU J,\J-L;Jl-!cl> }tl. LlrLlJ. ,
crU . a
HO.YF.Y
.-:',_"
. .1, .
.,,:_.";:ffi
rn t,he evenE, of vorunt,ary sale, dny alienat,ion o'ltllonv"ruo"t,llf
sf.':aII or any...porEion of- Cfre real properE,y, d,esqribed in;tfielirif;
1l?9^_?i_,_h"y:! ,
slcuring-, c^\is no.En
-
.".v'...*"u,FPi?{1ess':_?,','..1.i;i
obllgaEio+!;'hereunder,
,
!E'..,,thg
. !pEion
og-l;
lhe
I. holder,
:..,lnayi
iriirnediaEely-become
dueiand'pafab1e. :;i
,,
,
;j:i,i ',
,
'';i
,
,ti
,..
i,ig;;':;:..,:i..
il, .,,..':.
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j.i.:,r.ll'-t
/i.. i.ir.
:.
.
.{":..-
;,,:
P4yqr,i reserves Ehe privilege and option, of prepaying the
",
wiE,hin note'in fu1l or part,, at any time, withouE penalt.y
cou
Febi
o
,-1-
v
Private Lransfer o.f, property rights within TrusE,. Accepcance of first
pay'ihent verif ies Ehis transfer of properE,y rights E.o GourEney Cellespie
Ehe following described properE.y
and
rA
of permitced acEiviey per couircv
of T\rIare wit.h'Ehe obligauions incurred t,hereby. T\:Iare Counuy APN255'-
230-004.
'
i
Property DescripEion:
Of Ehe approxima[ely 10 acre parcel t,he sout,h tZ0
feeE, ot the easE. half' and ihaE part of Ehe west half excluding the noteh
a an a^F
L'W LEEL.
Pa)tnenE,s shal-I be a minimum of
$5OO/nronE.h
wi.[h a 7? apr and aII due on
1-L5 -20L2
(?yrs)
. Tax obligat,ion
(StaE,e
renE,) is retroaciive
t.o
possession and'porEion
shall be due upon demand per Coun[y of Tulare.
This is . a private
}aw document
by bhe church'aE Kaweah board
nor
'1
/'r^r E
'
1
.ve4
I hereby accepE t,he above terms and
position of trust,ee of Ehe H. M
Wysocki Trust
A(
Nicklae Arcl.ur for H H Wyeocki IT
,
dtry adjudicat,
j.on
shall be assigned only
of elders or other body of ChrisE,ian
men
11ee p i.e
MIJ'R.TNEY GIT.Y,trS P I E TO H. H, WYSOCKI TRUST
18]]. N IJII'{S ST
PORTERVILI, c), 932s'1
< 5 ACRES AT RD 2{6 & AVE 1?1
1-r0-?005 baglao!-ng b:lr:ocr 60,000.
pr:rro.Et, d.rt'r
3-0r-05 !.aE.rarL rccned (7t- r,0058/rc,)
p r)e6 EE
irrr__-,r-ar Balelco .,,,
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COURTNEY CEI,LESPIE
l-10-2005
< 5 AqRES AT RD 2{E & Al/E 1? I
bcglo.ulug balalcc
TO H. M. WYSOCKT TRUST
1B]I N !,IME ST
PoRi"ERvILLE, cA
grzsz
60,000.
prlacnt dago
3 -0!-05 lElc!!rE accrucd {?t' x.0050/!qo,)
pa)6ort
Balancc
{ -01-05 IEEr.6E rccrucd (7t. x.0058/uo.)
.
Pl:ao[t
Ealaacc
5-0!-05 Iatcraa! accrrrcd (7t- x. 0058/no.l
PayB6D,t
Belasco
l{8.
-500,
59,7{0,
t{7,
-600.
59,{95,
3{5.
.600,
59,2{0.
M
COURTNE.Y GELLESPIE
I-]U-IUU)
I
< ) ALKE5 AL KU Z9O 0. }tVll t/J.
H. M,-.
l_{Y_SQg-K.r
TR_US3
1831 N I,IME ST
PORTERVILLE, CA 9325?
TN
beglnning balance 50. 000
payrnent date
(-n1-nc
payrnent
========q=q3====================E============-=-=========-=-=:===
6-01-05
nrl.hon +
==========:=============================:========================
"-n1-n<
payment
Da\flneIrt,
==========================-c====-=================
pal4ne.n E
== ===============================================================
10-01-05
pa)4nent
-.600.
- 600 .
- 600 .
- 500 .
- OUU ,
-OUU.
-500.
-500
-602
1r.-01-os
I I lY
paymenr
NJ'U
=========-J=='=J===============-=========:===-==
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t, o
EXHIBIT B:
March 23,20L0
Transcript of Hearing
In Tulare Superior Court
Forcible Detainer Action
In re Deblor---lllelody Arut Castillo Gillespie: Original Conrplaint in "Core" Adversatlot Actlon
Gillespie & Glllespie v. Nicklos Arthur Hoffnun, Nickol D. Gerritsmn, H,M. Illysocki Trust, et ul,
A1
TUL-ARE COUNTY SUPERIOR COURT, PORTERVILLE DIVISION
IN AND FOR THE STATE OF CALIFORNIA
HONOMBLE GLADE F. ROPER, JUDGE
DEPARTIIENT 3
H. |.4.
,HTSOCKI
IRREVOCABL
TRUST,
Pl ai nti ff,
vs.
COURTNEY GILLESPIE,
Defendant.
Portervi I le, Cal ifornia
Civil
APPEARANCES:
For the Plaintiff:
NO. PCL
csR #13189
Superior Court
1 381 B0
l'larch 23
,
2Q10
REPORTER' S TMNSCRIPT
.UNLAWFUL
DETAINER PROCEEDINGS
ANDRE GASTON.
Attorney at Law
For the Defendant: PRO PER
ANN CAVIN,
Tulare County
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ANN CAVIN,
Tulare Countv
csR #13189
Superior Court
O'i"-
-'-
O",
tuesdgy, f'larch 73, 201 0
-o0o
THE C0URT: Wysocki Trust versus Gillespie
and Castillo and Mason.
Hr. Mason f i I ed an answer:, but he has then
passed away?
DEFENDANT GILLESPIE: He is deceased, Yes. He
died
just
a few days before the hearing.
THE COURT: 0kay. You have only one witness?
PlR. GASTON: Yes
,
Your Honor
THE C0URT: 0kay. Go ahead,
Please.
Stand and raise your right hand, please.
NICKLAS HOFF}IAN.
Produced as a witness on behalf of
the Plajntiff, having been first duly
sworn, testified- as fol lows:
DIRECT EXAMI NATION
BY HR, GASTON :
0. Please state your name and spe11 your
last name for the record
A. .My
name is Njcklas Hoffman
H-O-F.F.M-A.N.
0. Are you the owner of the trustees H.N.
Wysock'i Trust?
A. Yes, I am.
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Q: 19 tfat
property
at 1838 Lime Street #A
owned. the by trust?
A. Yqs, it is,
0. And
l'ls. CASTILLO: Excuse me, pl ease, there are
some things from the 1ast hearing that we need to go
over before we start any trial.
THE COURT: All right. What was that?
MS. CASTILLO: Number one, the minute order
i s i ncorrect. It says that George Mason and Courtney
Gillespie was here. And Unless
your recorder can see
dead
people,
he wasn't here. He was deceased at that
t'ime. I was the one that was here
THE C0URT: All right.
MS. CASTILLO: MelodY Castillo.
And it says herer Court indicates to
Plaintiff Nicklas Hoffman that a trustee can't
represent himself and the Court will contjnue the case
so the defendant could hire an attorney.
You never did order us to hire an attorney,
THE COURT: Ot<.ay. That was obvj ousl y
i ncorrect ,
HS. CASTILL0: And then
THE C0URT: Why does that matter?
MS. CASTILLO: Well, I would like a correct
owned
!y
the -- iI the
in Porterville. Tulare property
County,
ANN CAVIN,
Tulare County
csR #13189
Superior Court
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record
THE C0URT: Does any of that matter?
MS. CASTILLO: I don't know. I don't know if
'jt
matters or not for posterity.
THE COURT: All right, Do you plan on
submjtting this to your posterity?
NS. CASTILLO: Irm sorry, I
just
didn't want
it unorder for us to hire an attorney when we didn't
come with one.
Tl-lE COURT: The m'inute order i s obvi ousl y i n
error saying that George Mason was present, and the
jndicating
that the defendant could hire an attorney
was so that the Plajntiff could take an attorney'
l'ls. CASTILLO: And we had a motion before the
Court that's never been responded to for
j
udgment on
the
pleadiflgs,
and I'd like a ruling on that before we
proceed
any further.
And I'd like to propose a motion before the
Court at thi s ti me that th'is case be d'ismi ssed
because
THE COURT: Just a mi nute, p'lease.
All"right. So what's your pos'it'ion on the
motjon of
judgment
of the pleadings?
HR, GASTON: First I've heard of it, Your
Honor,
l'1S . CASTI LLO: I have
j
t ri ght here. He' s
ANN CAVIN,
Tul are County
csR #13189
Suoerior Court
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had over a mon-th tq
THE COURT;
f,
respond tq.i!,
Your client did not submit the
motion to you?
MR, GASTON: Thi s
'is
the f i rst I 've heard
there was a motion for a
judgment
on the pleadiogs,
I
Your Honor.
THE COURT: Al I ri ght
,
I
'
m go'i
ng to take the
moti on of
j
udgment for p'lead'ings
under submi ssi on .
All right.. What was
your second motion you
wanted to make?
|
HS. CASTILLO:
there
'is
two reasons.
Motion to dismiss, because
Essential parties of the case, are missing and
the other one is the fact that the Unlawful Detainer
UD-100 is not a proper action because it's a land
contract that's never been disputed, and there was no
rental contract agreement on the pleadings.
The UD-100 is for rental of structures.
There was never any structure., There
'i
s no rent
contract, thene is no structure, it's bare land. There
i s no acti on for bare I and, and we were tenants
'in
common, not lbndlord tenants.
And,
'common
tenancy comes under di fferent
rul es, they don't come under the unl awf ul deta'iner
acti on . Thi s
'i
s
'an
i mproper acti on ,
THE COURT: All rjght. I didn't understand
ANN CAVIN,
Tul are Countv
csR #13189
Superior Court
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o' o
your
argument that necessary-
panties
ar.e-. n-oJ
jnvqlYed,
,
HS. CASTILLO; The
property's been deeded to
Shawn Ray Enterprises. Wysocki
gave up it's interest.
And Nicklas Hoffman, he's not a trustee of
record, he's not an owner of record, There is nothing
that can tie him into it except at one time he did make
a I and contract agreement W-ith us and none of that' s
been ever disputed before this court. There is no
ev1 dence of any I andl ord -tenant rel ati onshi
p .
THE COURT: All right' I'm
going to take
that al I under subm'i ssi on
l'IS.CASTILLO:Ihaveacopyoftheescrow
papers that show who the owners are
THE COURT: We're
going to
proceed wjth the
tri al . I ' I I take that under submi ss'ion and rul e at the
same time
Go ahead, please,
BY I',lR. GASTON :
0. And the
property at 1831 North Lime
Street # A in Porterville, Tulare County, is that owned
by the Wysocki Tr-ust?
A.
"Yes,
it'is.
0. And August of 2A04, did
you enter into
an agreement wlth Courtney Gillespie
and Helody
Castillo regarding this
propertY?
A, No, we did not.
ANN CAVIN,
Tul are Countv
csR #13189
Superior Court
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f,
Q, Was thele an agree-lnen!?
A, February of 2005, there was an
agreement,
0. Okay. What was that agreement
jn
February of 2005?
A. It was an offer to purchase,
and there
was a note and which was suppose to be followed by
subdi vi si on of the p3-operty
to be done by the note
holder and then they would give us a trust deed to
secure that note and there was no money down. Payments
were to be a minimum of
$600
per
month. That's
basj cal 1
y
0. And d1d the defendants follow through
with the terms of that agreement?
A. They made payments of
$G00
for eight
months and that's'all and then stopped mak'ing payments.
l',ls . CASTI LLO : I obj ect . Rel evance ,
THE COURT: 0verruled.
BY l'|R, GASTON:
0, When was the last time the defendants
made any payment
to you
or the Wysocki Trust?
A .
.
That woul d have been the
.f
irst week of
0ctober in 2005,
0 . What acti on d-id you
take after the
defendants stopped mak'ing any payments?
A. In January of 2006, I gave
them thei r
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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note back and I wrote on
'it:
"Voi d . No agreement . fl
told them that we were no longer interested in pursu-ing
the'i r purchase
offer and that they should at the
same time I asked them to take some time so they could
stay on the property
for a wh'il e to I ook f or another
place and save up their money so they can move.
NS, CASTILLO: I object, Irrelevant
THE C0URT: Overruled.
BY HR, GASTON:
0 So you returned the not'ice, crossed out
and out wrote "Void" on it?
A, Yeah, I wrote "Void" on it.
0. Told them to take their time, a few
months, then move off.
Djd they ever move off the property?
A. No, they never did.
0. Did they ever pay you
or make any
further payments
on the note or any further rental
payments
after January 2000?
A. No. 0ctober 2005 was the last time we
received anything from them.
a. Did you take any further action
regarding their occupancy of the premises?
A. No, I djdn't take any action until
August of 2009 when I notified them that we were
interested
the trustees of the trust were interested
ANN CAVIN,
Tul are County
csR #1 31 89
Superior Court
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in sg11j"ng the propgrty anQ that they would
":lil.rer
havg
to make an offer to purchase the property
or rnake other
f iv'ing arrangements
0. And what happened as a result of that
conversati on?
A. Well, they became hostile towards us
'immediately
towards the tenants of the property
0. Di d you
serve a noti ce on the tenants?
A . Yes, When I say they were unwll'l i ng to
cooperate and had no intention of leaving on October
22nd, T had maj I ed to them through the post offi ce a
notice to vacate by December 31st of 2009.
0. Did they vacate after you mailed them
that notice?
A. No, they did not.
0, Dld you g'ive them any further notices?
A, Well, he objected to vacating to the
property per
the not'ice and he brought forward our
agreement. Our sale agreement of 2005, which we both
s'igned f or medi ati on upon .
So I set up a mediatjon that we both agreed
upon and callbd upon and meet.for mediation.
A. Who was that mediation with?
A. That medi at'ion was w'i th the church we
both attended at that time, The agreement, made that
with the elders of the church Kaweah.
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0, And what was the result of that
.:
medi at'ion?
A. They said that they had the money to
purchase
the property. That they want to pay off the
nqte
'in
i t'E ent'i rety because they were sti I I
interested in purchasing
the property,
0. So what happened after that?
A. Also, they agreed to apply as per
the
original agreement for the subdjvision of the property
within seven,days, whjch they did not, so they
defaulted on the mediation agreement.
0. So what was the after thi s was a
mediation within the church
HS. CASTILLO: Obj ect'ion , Tl'rere i s no
evidence of any mediat-ion before this court.
THE C0URT: He
just
testjfied to it.
MS. CASTILLO: There wasn't one. We never
received one
THE C0URT: You may disagree, but there is
evidence of it because he testified to it,
your
objection is out of line,
Overrul ed.
l{s. CASTILLO: Okay
BY HR. GASTON:
0. Is this a copy of what was the result of
medi at'ion?
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A.
Yes:
A copy of
and suppose to have been majled them.
the original stamp 0. That i s the copy
on it?
A. Yeah. I have a copy of the original.
l,lR. GILLESPIE: Wi th no si gnatures
on i t .
THE WITNESS: I^Ji th the church seal and the
signature of the presiding elder
l'lR. GASTON: I need to show that to you,
MR. GILLESPIE: Who is that?
MR. GASTON: I don't want that marked, Your
Honor, f want the copy marked.
I
just
wanted to show
the Court that there
js
an original.
HS. CASTILL0: I've never been presented with
that before.
HR. GILLESPIE: No signatufes, Your Honor.
THE C0URT: Why is this relevant?
1"1R, GASTON: It's
just
to show that there
had been an attempt to medjate and subsequent promise
made and promises
weren't followed through.
THE C0URT: Do you want to I ook at thi s, f'ls .
Casti I I o?
l'ls. CASTI LLO: Yes
,
p1 ease .
BY NR. GASTON ;
0, So after th'is attempt to medi ate, what
steps were presented
that the tenants were go'ing to
ANN CAVIN,
Tul are County
csR #1s189
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th'i s was mai I ed to me
to'
OT
Ji
They.were going to adhere to the
They made that apparent.
0. But what were the representati ons that
they were goi
ng to do as a resul t of th-i s medi ati on?
What had been agreed to between
you?
A, 0h
,
okay , That they woul d app'ly for
subdivision of the
property because they still wanted
to purchase,
HR, GILLESPIE: It's in a trust. It can't
be- -
THE C0URT: Si r, don't
'interrupt
hi m i n a
middle of his testimony,
please
THE WITNESS: They would apply for the
subd'ivision of the property
'in
which we would
cooperate the trustees of the trust would cooperate
with that when it was injt'iated, and then they would
purchase,
They were
going to pay off the note i.n it's
entirety because the notes stipulate that we could
i f i t was
'jn
defaul t we coul d demand payment on the
ful I note on the ful I amount
0. And
you would give them a balance due?
A.
"
Yes.
0. Did
you do that?
A. Yes, I did,
0
"
Is that the copy you presented to them?
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A.
medi ati on,
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_A*, _
-YQ_s-,.
it is?
__.
l'lR. GILLESPIE: Who
j
s Shawn Ray Enterpri ses?
NR. GASTON: I
just need to show that to you.
I need to give
-it
to the Court.
MS. CASTILLO: 0h, f'm sorry.
t',IR. GILLESPIE: Is Shawn Ray Enterprises here
today?
THE COURT: Are
'you
submi tti ng thi s as an
exhi bi t?
1"1R. GASTON: Yes .
THE COURT: Do you have the other exhibit
there, I'ls. Castillo?
HS. CASTILLO: Yes, I do. I object to both
of those exhibits.
THE COURT: 0n what basis?
MS. CASTILLO: Well, they're unfounded,
THE COURT: They're what?
l'1S . CASTILLO: Unfounded , There' s no
signature, nothing to verify it.
THE COURT: So you're object'ion is based on
there being no foundation?
1"1S.'.CASTILLO: There is nothing to verify or
anyth,i ng to say that those weren't
j
ust made up on a
computer today
THE COURT: So are
you offering these or you
just
wanted them marked?
ANN CAVIN,
Tul are County
csR #1 31 89
Superior Court
fi
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MR. GAST0N: Just marked.
THE COURT: And your objection is premature,
l'ls , CASTILLO: 0kay.
BY MR. GASTON.:
0. Okay. So di d they
'in
f act pay
the
balance due, Iess the electrical cost?
A. Once I pre'sented them with the demand as
per the mediation, he scoffed at me and made it crystal
clear that they had not started the process
for the
subdivision of the
property and let rne know that they
were no way going to keep the mediatjon agneement,
THE COURT: Who is he?
HR. HOFFMAN: Courtney Gillespie. I'm sorry,
Your Honor.
BY MR. GASTON :
0. And at that point, did you give them a
three-day notice to
qujt?
A. No, I,d'id not g'ive them a three-day
notice to quit
at that point. That was later on,
a. Okay, So did
you
at some
point give
them a three-day
notice to
quit?
A. .
Yes. They were served.
0. Is this a copy of the note attached to
the compl ai nt?
A. Yes, it is.
A, Di d you
serve that to them on
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ANN CAVIN,
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pecgpbgr
28th, 7009?
A. Yes, it was,
0. Are you seeking possession
of the
premi
ses?
A, Yes, we are,
A. Have the tenants vacate and remove all
their items from the
property?
A, Yes.
0. Are
you
seeking any kjnd of monetary
damages or
j
ust seek'i ng possessi on of the property?
A. Rea11y, we
just
want possession of the
premi ses .
HR. GASTON: That's all, Your Honor.
THE C0URT: All right. l'tr. Gj'l'lespie, d.id
you have any questions
for l1r. Hoffman?
MR. GILLESPIE: Yeah, the papers.
THE C0URT: No. Let me we need to clarify
thi s.
I'm try'ing to do th'is
jn
an orderly manner.
Thjs is not your
opportunity to testify.
you'll
have a
full opportunity
to testify later on, but if you have
any questions
for l1r, Hoffman that you want to ask to
elicit any relevant evidence, then you can do that,
You may not argue with hjm. You may not
testify right now, If you have questions for him, then
this is
the t'ime to ask him.
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D'id you have any questi q.ns
fgr hi m?
MS. CASTILL0: I do,
THE C0URT: I 'm not ta1 k'ing l'lr . Gi I I esp'ie?
MR. GILLESPIE: NO.
THE COURT: Ms . Casti I I o, do you w'ish to
cross-exami ne?
MS, CASTILLO: Yes,
CROSS- EXAMINATION
BY IIS. CASTI LLO :
0. At what time did
You Present
the
Gillespie's with the rental agreement?
right now?
A. Never had a rental agreement.
0. How many buildings are on the property
A. 0n the part you' occupy or
0. Okay, the
part we occupy.
A. There are no
permanent structures on
of the ppoperty,
0. That wasn't my
question.
How many buildings are on there at this time?
A. I have no clue.
0 .
"
You
'l
i ve next door .
A. We have not
put any buildings on the
There are a lot of
portables, sheds, and
that.
that part
property,
stuff I i ke
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0. So, okay, there are buildings on the
property and you just
admitted that none of them are
yours, r'ight?
.A
. Yeah, wo have no
permanent
rental s on
the property.
Yes,
0. So it's bare land that we occupied when
we went over there and we built the property.
MR. GASTON: Objection, Your Honor. That's
not a question,
it s argument
BY MS, CASTI LLO:
0. 0kaY.
So when we moved there or began occupation of
that
part
of the property, was it bare land?
A. Yes. It was bare land, that's correct.
0. I object to this being an ejectment
proceedi ng.
THE COURT: It's not an ejectment
proceedi
ngs .
MS. CASTILL0: I don't want it to be.
THE COURT: Do you
have any other questions?
l'1S. CASTILLO: No, that's it at this time,
THE. COURT: Any redi rect?
MR. GAST0N: Not at this time, No, Your
Honor,
THE COURT: Any further evjdence to present?
MR. GAST0N: No, Your Honor
ANN CAVIN,
fuJare County
csR #1318e
Superi or Court
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THE COURT:
exhi bi ts?
Are you submitting these
MR.
THE
did you want
MR.
THE
GASTON: No.
COURT: Okav.
ANN CAVIN,
Tul are County
csR #1 31 89
Superior Court
Al I right
,
l'lr. Gi l-lespi e,
to offer any evidence?
GILLESPIE: Yes, I do.
COURT: All right. Were you going to
testi fy?
MR. GILLESPIE: Yes.
THE COURT: Can you stand and raise
your
right hand, please, to be sworn,
COURTNEY GILLESPIE,
The Defendant, having been first duiy sworn,
test'if i ed as fol I ows :
MR. GILLESPIE: They talked about that I had
to divide the property. I cannot djvide the property.
It
j
s so convol uted
'into
trust , They tol d me that the
trust, trustee, or the person who had the property
would have to djvide this up.
I told hjm I have
$60,000
to pay for it, but
he has to div-ide. He has to
get the division of the
property. He's deni ed me thi s. I
've
sent hi m I etters
back to second response that he needs to divide the
property
so that we can go
through with this land
contract, and he's denied me of that,
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o, J,
For si x years
,
I 've pai
d the power
on the
property.
Paid his power
on the property.
The power
meter comes into my property
and it's been in my name
or my father's name, and he refuses to divide the
property.
right now.
THE C0URT: "He, "
'is
Mr. Hoffman?
l'lR. GILLESPIE: l'lr. Hoffman.
MS. CASTILLO: 0r anyone from Wysocki Trust,
THE C0URT: l,|s . Casti I I o
,
he's testi fyi ng
l,|S. CASTILLO: I'm sorry,
THE COURT: You'll have a full opportunity to
testi ty.
,
f'4R. GILLESPIE: We have asked him at that
time to at least pay half of the power bill, He's
refused it.
When we had talked to the attorney outside,
we sai d we can come to an agreement here
'if
he wants to
pay
half of his electricity and pay
me" $t0,000 for
-improvements,
we can revolve this problem.
And they
would not resolve.
I don't wish to be there. I don't wish to be
under the humjliatjon that he's put me through these
last six years.
It's I i ke the ma'i I box. We had the mai I box i n
front of our house, When th1 s started, he puiled
the
ANN CAVIN,
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mailbox out and jerked
it and moved it down S00 feet.
It's alieadf been fiied in with the postmaster,
When the Court tried to send us mail, the
mail was gone. So I'd have to come to court and find
out what was going on here.
The rest of i t
'is
i n the mot'ions
,
Your Honor .
THE C0URT: Anything else?
l'lR. GILLESPIE: That's i t .
COURT: Do you wish to cross-examine?
CROSS. EXAI,IINATION
BY MR. GASTON:
0. Did you receive the note back from
Mr. Hoffman with the "void" back in late 2005?
A. Yeah, with my checks stapled to'it,
0. So
you did receive it?
A. Yes., He told me "no."
He says the
contract, you
can't do
'it.
He says because of the
contract on the back. All I had to do was make one
payment
on
'it
,
but he's accepted one years of payment
and now he's say1J!g, ilo, w can't do thi s .
0.
'-And
you haven't made my payments since
October of 2OO5?
A. I paid his
$1,000
a month electric bjll
4.. And
you occupy the premises?
A. Yes,
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0. You have trailers on the premises?
A. i huu" buitdlngi. I have sneos inut are
there.
MS. CASTILL0: I object to that. That's
i rrel evant . He' s try'i ng to say that we' re doi ng
something iilegal like what he put on the three-day
notice. And that's slander and libel. Whatever
position
we're in
js
because of his refusal to
THE COURT: Objections overruled.
BY |'1R, GASTON :
0. And
you
have electricity hooked up to
the sheds and trailers?
A. Travel trai I ers?
0. Yes.
A. I have a drop.-- yes,
0. You've uti I i zed the el ectri ci ty al so?
A, Yes
,
I do. And the agreement
-is
he i s
to
pay
hal f.
0 . Do you
have a wri tten agreernent to that
effect?
A. Well, would you pay
somebody's
el ectri ci ty fo.r si x years?
THE COURT: Just answer the question, p'lease.
THE WITNESS: No,
MR. GASTON: No further questions.
THE COURT: l,,|s. Casti11o, did you
have any
ANN CAVIN,
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guesti
ons for l'lr, Gjl I espi e?
BY ltls. CASTI LLO :
A. Okay. By electrjc being hooked up to
travel trailers or sheds, did you mean that they'ie
hooked up to the utilities
you know,'what I mean is
that they're connected directly?
A. No. They can be unplugged,
0. So there isn't a code violation?
A. No, They can be unp'lugged .
0. And when Nicholas had
you sign this
contract, did he at any time tell you that he could
revoke
'i
t at at any t-ime or by some a'l l eged
group oh
wait.
Di d he tel I you
'it
coul d be revolced at any
A. No. He said I was trustee, which states
it on the contract
0,
'
Read that there.
A. Private transfer of property
rights
within trust except of first payment verifies thjs
transfer of property rights to Courtney Gillespie as
fol I owed descri bes the
property of one hal f perm'i tted
actjvity
per County of Tulare with obligations
jncurred
thereby Tulare County
jn
the APN number
property
approximate-ly described ten acres 120 south feet da,
da, da.
ti me?
ANN CAVIN,
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Payments shall be paid
of
$G00 a month, seven
percent interest due 111512012.
a. Okay. When you agreed to this, did you
understand it at any time that he could say, "No, I
don't want on do business with you
anymore, get off of
the
property?"
A. 0r God tells him that
A, No,
A - or that he doesn't want to,
0. Don't whatever God says might
hearsay. What you believed
yourself.
A . I d'idn't bel i eve he woul d cancel thi s
'
0. What were the events that led up to his
cancellation or his alleged cancellation of a bilateral
contract?
A, What
'it
was
sp1
-i
t. th'i s
,
f
-i
gure out the
thing 50/50.
Well, 3t that time he says that the county
takes so much of the road up front, so I would have to
allot h1m for what the county is taking him on the
road
0, And how much of the frontage property
did he want?
A. He wanted 30 feet of my frontage. The
contract says hal f. It's not hal f of three or hal f of
i s that we were go'ing to
dimensions, and split thjs
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two, It's half of ten acres.
0. What about the drawing up or ine
property? Did the county oh, one question.
What happened when you
took the d'ivr'sjons
that he wanted to make through the county?
A . They sa'id
,
flo way we coul d that.
you'l
I
have to do
jt
straight down the middle. county refused
me on the divisions,
0 . And di d Nlckl as agreed wi th spf itti ng i t
down the middle?
A. No, he did not.
a, And is that when
wanted you
there?
A. That's when he said,
"Nope. " He says
contract ended.
0. Did you provide
did you put the
pl umb-ing
-in
on that property?
A, I dld all the piumbing. I did all the
electrical. I djd all the trenching,
a, What about leveling?
A. i did all the levelling of the land, We
he1
ped
h-im bui .l d that house, We I evel ed - - I worked
three weekends, which is probably 120 hours moving dirt
to build his house.
a . How many buj I di ngs di d you hel p bu-il d
He wanted i t h'is way ,
he dec'ided he no l onger
ANN CAVIN,
Tul are County
csR #13189
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A. Two
0, And at what how far aiong was his
house when he deci ded he no
'longer
wanted you there?
A. He had
just
finished it.
a. How much of the fencing have you
\
provided for that
property?
A. Five roll,s of sheep wire. There are
probab-ly
200 feet i n each rol I
,
pl us two rol I s of
Barbwi re . Al l of the si x i nch p'ipe. There i s twel ve
10-foot, 6 inch p-ipes we put in all of the corner
posts,
0. How much of developing of the land have
you done?
A. I did all the disking.
underground servi ce,
0. And el'ectrical ?
A, I did the electrical.
electrical underground service.
0, What is your qualifications for doing
el ectri cal and p1 umbi ng? (
A. I'm a stationary engi neer,
0. Which does what? What does it take to be
a stat-ionary engi neer?
A. Well, it's a skilled trades
job'
How
can I define it,
0. What I'm getting at is, what made you
I did all the
I did all of the
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qual i fy do plumbing and electrical?
A, Through my trade of 30
;;;;
0. And
you have
A. Certifications,
0. So about how much monetary loss would
if you just
walked away from the property right
you be
now?
A. Probab'ly about $30,000.
0. Is that
'incl
udi ng the el ectri cal ?
A. Well, electrical
probably runs into
about $25,000 and
you figure another 10-15 for the
i mprovements
0. Would you have done this if you believe
you were renting and
jt
was a unilateral agreement?
Coul d you never mi nd.
Would you have done these improvements if
you
believe that you were nothing but a renter?
MR , GASTON : Obj ect-ion
,
1 eadi ng .
THE COURT: Overruled, Can you answer that
quest
i on?
THE WITNESS: Yeah,
Wb
"di
d a contract, we si gned
THE COURT: The
question is would you have
done that i f you bel i eved you were a renter?
'\
THE WITNESS: NO,
BY I4S , CASTI LLO :
ANN CAVIN,
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Superior Court
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you believe that you were signing a
unilateral contract that could be discarded by one side
at will?
A. No, I did not.
a. Did you fully believe that when the
contract sa"id that once you made a payment that the
private transfer of property rights would be
transferred to you as a trustee?
A. That was his agreement. He'wrote that
up . I di dn ' t wri te that and
put that
'language
i n
there. He wrote it and he signed it.
0. When you attempted to get information on
the trust after you were a trustee, what happened?
A. He got he didn't want to go into the
trust and trustee , And f i na.l 1y, you know, wi th a,l I of
the PI work and research work, we f i na'lly I ocated i t to
where everyth'ing
js
at.
Yeah, I sti I I don't even know who
'i
s the
trustee, trustees, or secretaries or any of it. There
is no paperwork.
I don't even know if he's a trustee.
0. So do you
feel that Nicklas was being
what's the term? Gave you full disclosure upon the
contract when you made the agreement with them?
A. As of today, flo
0. Did you try to did you send notices
to the only trustee that we could find of record to
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o,
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reqrlest?
A. Gari shma, Gari shma Trust
,
yeah, wi th
the address that's on the title company and they
refused service.
0. Right here?
THE COURT: Are you say'ing that the tj tl e of
the property
-i
s not i n Wysock'i Trust?
THE WITNESS: No, it's Garishma. Garishma
Trust.
MS, CASTILLO: No, not Garishma. Here's the
example and I have one for you too. Let's see if I can
find it.
THE C0URT: Have you seen this?
MR. GASTON: No.
MS. CASTILLO: Here. I got one for you,
This was what the electric bill usuaily run.
BY MS. CASTI LLO:
0. Do you remember what the interest
payments
were on the property?
A. Seven percent.
0. No, what the average
A. 0h, the average? No, I do not.
0 . Okay. Do you
remember what hls average
bill is? The average electricity bill?
A. Average el ectri c'ity b'il I wj I I run
between
$600 and
$1200 a month.
ANN CAVIN,
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Or,
be?
0. And which his half of his share would
A. Half.
0. I know. 0f 600, 700, is what?
A. Yeah.
THE C0URT: This is
just
a copy of the Court
mi nute order
1"1S. CASTILLO: 0h
,
okay.
THE WITNESS: We did
put in a separate
servi ce mete ri n December .
BY I,IS . CASTI LLO:
0. And what was is that something that
had been di scussed at the church?
A. That was discussed at the church to
put
that in.
that?
0. And what was l4r, Hoffman's response to
A. He came over and try to run my
contractors off,
0, And then what did he do? What did you
have to do to stop him from
A.
- Well, he took a swing at me and I shut
the
gate
and pushed him down on the
ground. So he went
ahead and cal]ed Sheriff's out, and Sheriff's had told
him to go
home. He was trespassing. Then he called
the code enforcement out and the code enforcement
ANN CAVIN,
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o*,
looked at it and said all you're
doing is a subpane'l
,
and they left.
a, Do you feel that Nicklas has allowed you
to comp'ly wi th what you understood had been agreed upon
at the church?
A , I 'm sti I I waiti ng on pancel
spl i t.
A. That's not what I asked.
'A.
No, he hasn't, He hasn't come up wi th
these agreement.
0. l,./hat was your understandi ng of when al I
of us talked and you felt that there may have been
agreement between you and Nicholas. What did you get
out of it?
A. They all three agreed that he needed to
pay half the electricity and that he needed to do the
parcel
spfit so he can
get
his $60,000 and everybody
would be happy
0. And what did they say about the
agreement?
A. You know,
much about the agreement
stayed there and they al I
don't know what they
0. After
you left?
A, Yeah. They confirmed after we left,
i t real 1y wasn't a medi at
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on hear-i ng, i t was more of
I don't think they ever said
because when he I eft, h
confi rmed together. So I
So
a
ANN CAVIN,
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csR #13189
Supenior Court
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o, o,
halg
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nunJ
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A. Yeah. You can see because they never
put their John.Hancock on the paper,
0. Did you get a chance to read that?
A.' Yeah, None of it was true,
0. Well, I wouldn't say that. I mean there
was some
THE C0URT: Is that a
question?
MS, CASTILL0: I'm sorry.
BY MS. CASTILLO:
0. 0kay, Don't say none of it was true,
MR. GASTON:' Objection,
Your
Honor.
THE COURT: Sustained. That's not a
quostion. You're asking him a question?
PIS . CASTI LLO: That was nonresponsi ve
,
I ' m
sorry,
BY MS. CASTILLO:
0. Okay, When you looked at what he handed
you right now, does
.it
look like what *1, agreed upon
at the church?
A.
'
. Hal f owner yeah, the hal f owner
subd'ivi si on. The subdi vi si on they tol d me no way
they're
going
to subdivide it that wo!;
0. Well, the county
probably would have had
to tell -- never mind. I'm not going to say it. i
ANN CAVIN,
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csR #13189
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one.
ANN CAVIN,
Tul are County
csR #1 31 89
Superi or Court
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that
A.
know, this here
days, thi s was
0.
A.
0.
Varh the ciicula{ed 6alance this -- yoti
(indicating) and demand for payment 15
never agreed to.
0kay., That
part was never di scussed?
No.
So did ygu witness anyone sign'ing that
document?
A. Nope.
0 . Now, are
You
fami I
'i
ar wi th
A. I know these
guys. Yeah, because I go
to church with them. Fred Bator, I've known him for 15
years
0. Did that look like his signature?
A. Fred's very proud of his signature and
he would have put h'is signature on there, These other
two, maybe
0. So, do you
believe that that's not a
copy of an authentic document?- Those men could have
submitted
to you
to help you
and Nicklas resolve
your
A. If they were the men I would say the
three wise mgn of Church Kaweah, they would have put
thei r si gnature
on
'it
.
MR. GASTON: Objection, specul ati on.
THE C0URT; Sustained,
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BY l'|S. CASTI LLO:
0. Do
You
you could to resolve
Ni ckl as?
eVeiythi n$
you and
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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believe
you haVe done
the differences
between
A, You know there's
ways few ways that
we can
go, Two or three ways that we can go.
He can
parcel split it, get his money,
get
his $60,000 that we agreed to, honor the contract that
he sjgned or he can
pay me for the half the
power that
he's used along with what I put into the
property' You
know, this can be done with. we don't sit here and
have to fi ght
0. When we senJ out the notices requesting
who the board of trustees were and to
MR. GASTON: Does the Court want to try to
med'iate thi s thi ng to try to
get th-i s resol ved? I
mean, I don't know if it can happen.
THE C0URT: Yeah, not at this time,
MR. GILLESPIE: I'm willinq to resolve this.
Your Honor
THE COURT: What are
you proposing?
l!lR. GILLESPIE: He can either honor his
contract, parcel sp-l it it,
get his
$60,000
that he
agreed to on the note his agreement, or he can pay
me half the power
for what he's used over six years,
THE C0URT: How rnuch is that?
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TH.E WITNESS r It mi ght run i nto $30 ,000 '
MR. CRsior,r, roiget i t
,
Youi Honbi.
MR. GILLESPIE:
I 'm wi l'l i ng
THE C0URT: Let's
just go ahead
Do you have any other
questions for him?
BY MS. CASTILLO:
0, When we attempted the letters, we sent
how many letters djd we send to the trustee?
A. We sent two of them.
0. And what happened three days after we
sent this second letter?
A. We got retaliation.
0. Whi ch was?
A . Th-i s here. Was th-i s here
,
aski.ng f or
the trustee to resolve this.
THE COURT: Are you finlshed with your
questi
on?
NS. CASTILLO: Yes ,
THE C0URT: Any cross-examination or any
further cross?
MR. GAST0N: No,
your
Honor.
THE COURT: All right, did you
have any other
evidence you
wanted to
present Hr, Gillespie?
MS. CASTILLO: 0ther than the request
THE C0URT: Wel I
,
you'l
I have the
full opportunity
to present
any evidence. I'm asking
ANN CAVIN,
Tul are County
csR #1 3189
Superior Court
Or f'''
I
f
!'lr,
Gi 1 le_qpj g
!''qvS
gny?
MR. GILLESPIE: No, Your Honor.
THE C0URT: Al I ri ght. Hs . Cast'il I o, do you
have anythi ng el se
you want to present?
MS. CASTILL0: Yes, I do.
THE C0URT: Are you testifying?
MS. CASTILL0: 0h, i need to swear.
THE COURT: You want to be sworn to testify?
MS. CASTILLO: Yes.
THE COURT: Stand and raise your
right hand.
I'IELODY CASTILLO
I
The Defendant, having been first duly sworn,
Okay, Go ahead, please,
l"1S . CASTI LLO: Okay .
Number one, I didn't want to even enterinto
an agreement with Mr. Hoffman, but I went with my
husband's wishes, When he threw this envelope at us
that had the marking "void" across the paper,
that was
the original contract, we were under the understanding
that once the'money had passed that the contract
couldn't be obliterated without a proper lawsuit for
some kind of breach. We continued, try to
PaY,
but he
tore up our checks. We had no because he ljves at
the same property
and rece'ives mail at the same
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z.o
testified as follows:
THE COURT:
ANN CAVIN,
Tulare County
csR #13189
Superior Court
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address, we couldn't send it certified returned
receipt, so we cont'inued to pay the electricity
because the electric'ity
was the same amount as the
i nterest
payments.
His electricity was the same amount as the
interest payments, so, therefore, he would receive no
damage, The contract was to last a full payment upon
2012 which we ful1y
jntended
to
pay as soon as we could
get these
-i
ssues resol ved
,
but he wasn' t di vi di ng the
property.
How he wanted to divide the
property was to
have al I the frontage
'road
except for a very smal 1 part
where we can have our entranCe at, the county would not
go for that
He refused to resolve and have it divided the
way the county would agree to. It's basicaliy up to
the county on how that this be done. They're not going
to go w'i th
j
ust any type of property sp'l i t
,
so that was
beyond our wi thout hi s cooperat'ion
,
that' s beyond
our abil ity.
To say that we're not complying wjth the
contract becau.se we didn't do that, he cannot benefjt
from his own harm.
MR. GASTON: Objection, Your Honor. It's
argumentatjve. It's not testimony
THE COURT: Obj ect
j
on susta'ined
ANN CAVIN,
Tulare County
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Superior Court
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MS. CASTILLO: This
js
what I fu11y betjeved
at the time he handed it to US, that's why the on'ly
resolving we could do at that time without totally not
paying him so that he could call us derelict is to pay
the el ectri c'i ty because he refused to accept any other
payment.
I ful 1y bel
'ieve
that that was the way to keep
him from being harmed and for us to remajn
jn
active
parti ci pat'ion unti I we coul d get
i t resol ved .
He let this go on for five years wjthout a
complaint, There was no complaint. There was no
modifjcatjon to the agreement, We had until 2012 to
come up with
$60,000,
and he was already receiving
i nterest .
As f ar as hi m accel erati ng the
payment
'i
n
December, there was no agreement to accelerate the
payment
and we were still in ljmbo as far as getting
anything resolved about the property.
This all came about when in August he decided
he wanted to sel I us the property at
$2q0,000 after we
had a'lready agreed at $60,000. And we bel
j
eve that
I believe that'-he put us
jn
that situation so he could
br-ing us to th
j
s poi nt because he wanted to
'i
ncrease
his
profits
from the
property,
Now, he sold our water shares and he kept the
proceeds,
He sold the
$60,000 interest in the property
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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--
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in the ten,acres and he kept the proceeds from that.
That's all tne Jocumentition that
you frave theie
As tenants i n common,
we were suppose to
split the proceeds and so therefore that should go
against whatever he clajms that we owed, We're still
not sure if he's the correct party to be here standing
and suing, because we coqldn't
get any answers from the
trust if indeed it even exist, We went to try to find
anyth-ing about the trust , We tri ed to f ind meet'ing
records, anything we could find, Nothing, So the only
th'ing we could come up w'ith is that these trusts were
i ntended to keep us from ever owni ng the property from
the begi nn"i ng and i t was w'ith the i nJent to swi ndl e us .
I think that the fact that he has refused to
work thi ngs out wi th us and has f i I ed thi s I awsui t
siandering our
jnterest
in the
property,
I beljeve
js
evi dence of the f act that that ' s what he
'intended
to
did was swjndle
us. He has suffered no damage from
havjng us there.
present?
MR. GASTON: Objection, argumentjve.
THE COURT I You're argui ng, yeah,
Now, do you
have any other evidence to
MS. CASTILLO: 0kay. You got this, right?
And I have the I etters that we sent.
THE C0URT; We11, are you
offering these into
ANN
Tul are
CAVIN, CSR #13189
County Superior Court
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l.|S. aoirrllO:
yes,
we n"u. the orioinal.
Okay, here' s our fi rst I etter and l',riu' s our
second I etter, and I have
THE COURT: I 'm
ta'l ki ng about the copi es of
the recorded
documents that you submitted.
l'ls. CASTILL0: Yes .
/
THE COURT: Are you offering those into
evi dence?
l'|S, CASTILLO: Yes,
THE C0URT: Any objection to that?
MR. GAST0N : The f i rst two pages
,
'it'
s Chi cago
Title report. I don't think it's anything specific to
that.
MS. CASTILLO: That shows where the documents
came- from. That wasn't
just
THE COURT: As to the recorded documents,
it's sti I I with those.
MR. GASTON: No objection to the recorded
documents,
Your Honor.
THE COURT: AlI right. Let me mark. I've
got
a deed of .trust recorded January 11th, 2006.
MR. H0FFMAN: That was the second mortgage on
the property.
THE COURT: From Nickol Gerritsma as trustor
and New Paradi gm Hol d'ing company as trustee. And then
ANN CAVIN,
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Oi O,
Ihq.rels
a gra-nt
d-rgO recorded },|ay 17th, 2004 fro-m Annq
Mi nter, trustee
,
grants
to N'ickol Gerri tsma, trustee.
And then there i s a deed recorded l'lay 17th,
20O4 a deed of trust with Nickol Gerritsma trustee as
trustor and Chicago title as trustee, and a
partial
map.
Any objection to those being received?
HR. GASTON: No, Your Honor.
THE COURT: I'm going
to mark that as
Defendant's "8. "
(Defense Exhibjt B marked for
identificat'ion.)
t
-i
nformati
ASSESSOTS
record.
Gillespie
2014 .
Do you
obj ect the Chl cago Ti tl e Company
on?
PlR. GASTON: It's hearsay.- No foundation,
MS. CASTILLO: That's straight from the tax
that
the second document is. That's a
public
THE COURT: There
js
a letter from Courtney
to Ni. ckol Gerri tsma undated
MS. CASTILLO: No, it's dated. It's up above,
THE COURT: Thank you, Dated January 4th,
MS. CASTILL0: And here's
ANN CAVIN,
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THE COURT: Are you offering that?
:
f'{S, CASTILLO: Just to show that they never
responded to our request forinformation
MR. GILLESPIE: She's a trustee with her
address. Never responded.
THE COURT: So you're offering that as an
exhi b1 t?
MS. CASTILLO: Yes,
, THE C0URT: And is this suppose to be taped
to
'it?
MS. CASTILLO; Yeah, that's the that shows
that it was sent in rece'ipt and th'i s is the letter that
was rece-ived
,
the other one was rej ected .
THE C0URT: Just a moment, Let me show him
this first.
MS. CASTILLO: Uh--
THE COURT: Just a moment, please.
Any objection this this?
MR. GASTON : No.
THE COURT: All right. Let me have that
marked as Defendants "C, " and then you had something
else you wanted to submit?
(Defense Exhibit C marked for
'i
denti f i cati on .
)
ANN CAVIN,
Tulare County
csR #1 31 89
Superion Court
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MS. CASTILLO: Yes.
3Y HS, CASTILLO:
0. Is this a letter that
You
sent?
A, Yes, it is,
0. Okay. And it shows?
A. This was the first one you got.
second one, thi s was to l{ysocki Trust .
The
THE COURT: Have you seen thjs?
Ariy obj ecti on to that be'i ng rece'ived?
NR. GAST0N: No
THE COURT: We'll mark this Defendant's next
in order,
(
Def ense Exh-ibi t D marked f or
i denti fi catj on .
)
Did
Casti I I o?
MS.
take mandatory
the case.
THE.
fjle?
MS,
THE
you want me to
you have any other evidence, l'|s.
CASTILLO: I would like for the Court
judicial
notjce of the entire record
C0URT: Are
you talking about the Court
CASTILLO: The Court file.
COURT: I s there someth'i ng speci f i ca1 1
y
consider in the Court file?
to
or
ANN CAVIN,
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csR #1 31 89
Superior Court
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l1S. CASTILLO: Yes. I have all of the
exhibjts attached to the Court filing the motjons.
Almost all of them have been
put forth here.
file.
THE COURT: I'll take
judicial
notice of the
Any other evjdence you want to present?
MS. CASTILLO: No, that's it.
TFIE C0URT: Al I ri ght . Di d you have any
cross examination for her?
f'4R , GASTON : Yes .,.
THE C0URT: I'm going to stand the objection
as to Defendants
I'A"
as no foundation. "8, " 'tC" and
trDtt
are recei ved i nto evi dence.
BY HR.
0ctober
that?
CROSS-EXAHINATION
GASTON:
a. Did you receive this notjce to vacate
21st
jn
the mail? Do you recall receiving
A. No,
0. No further questions.
THE COURT: All right, any rebuttal evjdence
to present?
MR. GASTON: Yes. We call |4r. Hoffman,
THE COURT: All right.
REBUTTAL
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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BY PlR. GASTON:
0. You heard their
questioning
val'idity as a trustee. Can
you respond to
explain to the Court who Nickol is?
A . N'ickol Hof fman, H. l'{ , Wysocki
mother who
'i
s deceased.
your
that and
'rs
my
Ni ckol Gerrr'tsma i s my daughter who i s the
trustee that is named on the
grant
deed which holds the
property i n her: name as trustee of the H. M. Wysocki
Trust so the H.l'4. Wysocki Trust does own the property
currentl y and as of Hay 2A04
0. And are you also under the trust deed?
A. Yes. I'm a family trustee.
l''ls. CASTILLO: Can I redirect on that?
THE COURT: He's not f-ini shed yet.
BY I'IR. GASTON :
0. You've heard the testimony of the
tenants regard'ing obligations to cooperate with
dividing
the property;
do you have a response to that?
A. Yes. The ori gi na'l agreement was f or no
money down. Instead of a down payment,
they agreed to
initiate the subdivision with the county, which we
wouJd fu1ly cooperate with that, was never done.
I have even no evidence that that was never
done or any attempt was even made.
We would have cooperated ful ly had they kept
ANN CAVIN,
Tul are County
csR #1318e
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the original agreement as per the note,
, Q. So it was your agreement that they would
take the actjons and
you
would cooperate with them?
A. Yes. It would be done at their expense.
Correct.
0. There
js
testimony from the tenants that
you fai I ed to cooperate, t.hat
you di dn't cooperate wi th
them. They couldn't get
the they couldn't get
anything divided.
A. We never received any documentat-ion to
cooperate w'ith . Tlrere was never
I don't bel i eve
that I've ever seen any ev'idence that any process was
'initiated
as far as the subdivision of the property.
There was no application for subd'ivjsion I never
lnitiated so there was absolutely nothing to cooperate
with,
And on the spfit, yes, in November of 2004 we
had a discussion where a disagreement arose about
exact'ly how the property was to be spl i t .
At that time I gave Mr. Gjllesp'ie a check for
the full amount that he had paid for the eight months
at
$600 and tOld hjm because we don't have an agreement
on how the
property
'i
s suppose to be sp1 i t
,
that we
can't go thnough wi th i t . So I attempted to return al'l
of the payments
. It was at that ti me that he sa-id he
wanted to go to the mediatjon that we agreed upgn and I
ANN CAVIN,
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told him to go ahead and arrange it, that r wourd abide
by whatever the result was. They agreed upon
mediation. I waited three months, they never heard
anything from them, never received any payment,
It was
at that t1me that we deci ded they were no l onger
interested in the property,
that's when we returned the
note
"void"
on
'it's
face
and told them we were no
longen interested
jn
pursuing
any other purchase
offers
and told them to take some time to save up money, They
could stay on the
property
for whatever necessary time
they needed to make other living arrangement or look
for another p'i ece of propenty, and that' s where we I eft
off i n January of 2006
We haven't heard anything until we started
unt-i I we asked them thi s year to move of f of the
property.
So four years of si I ence af ter us gi vi ng him
the note and cancelling the agreement, they never
attempted to renegotiate or negotiate into agreements
since then,
lls. CASTILLO: l'tay I redi rect?
. THE COURT: He's not done yet.
BY MR. GASTON:
0.
.There
is some testimony about selling
water share. Do you have any idea about that?
A. The water company was too expensive, We
weren't using the water, so at the trustee meeting we
ANN CAVIN,
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decided to sel I the shares to another person who needed
the water from the water company as the water was not
even useabJe and infrastructure was not even in place
or Kept up. So it was
just
costing us the
property
ordinance the hundreds of dollars a year for something
we hadn't used or could not use, so, yes, we sold those
water shares. We had a right to sell them too.
Wel I
,
there was the thr'ng about te/sti f yi ng
about the when I came over to i nspect the work on
the that they were doing, but then I have nothing
el se
0. Nothing further, Your Honor.
THE COURT: Hs, Casti11o,
you wanted to cross
l'1S . CASTI LLO : Yes .
BY I4S . CASTI LLO :
0. This board of trustees. who was all on
that?
A. Myself and my daughter on that.
0. So, when you said that Courtney became a
trustee on part
of it, then you and your
daughter could
collude to haVe him be on the board, but you never
disclosed this?
MR, GASTON : Objection, argumentative.
BY HS. CASTILLO:
0. Okay. Did you ever disclose to Courtney
exami ne?
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TuJare County
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when you s'igned the agreement and pai d you that at any
time you could shut him out of the board of trustees?
A. No.
A. Did you disclose the trust bylaws and
agreements?
A. No.
0. But yet
he was suppose to be part
of the
body of trustees?
A. No, he was not.
0. Any agreement he was board of the
trustees?
he accepted the positjon.
came around, h had a1 ready
way we were going to accept
A. No. He said
By the next trustee meeting
defaulted and there was no
him as a trustee.
0.
conveni ent?
ANN CAVIN,
Tulare County
So you schedul ed your meeti ngs when
'it'
s
I believe I did tell him when the
A . No, our year'ly meeti ng
j
s on the second
Saturday or th1 rd Saturday of January of every year,
0. Did you
ever disclose this to
l.1r. Gi 1l espi e when he s'igned the contract?
A. Yes.
next meet'ing
Was
.
0. And the board of trustees could sell the
water shares of the
property without discussing it with
other tenants on the property?
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A.
0.
A.
/ Q.
'i
s that?
A. Who
you referri ng to?
'is
Shawn Ray Enterprise? What are
MR. GASTON: Objection. Beyond the scope
OT
l'ls. CASTILL0: Shawn Ray Enterprises is a
cri ti cal par.t
,
because they al so had an i nterest i n the
property and I want to see
jf
we were treated the same
as Shawn Ray Enterpri ses
THE COURT: Objection sustained.
BY MS. CASTILLO:
a. 0kay. What date d'id you sel I the water
shares?
A. I don't remember. I don't remember what
date we sold the water shares. I'm sure it was several
jt
was at least a year
after Courtney Gjllespie
default on his note and sale of purchase
agreement.
0, .Speaking of which you said something
about negot-iat"i ng a nerrv agreement and you
had sent some
kjnd of document, did you bring that with you?
A. f'm sorry, I don't understand the
ANN CAVIN,
Tul are County
CSR #1 31 89
Superior Court
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0f course.
Without - -
Hroperry owner.
What about Shawn Ray Enterprises? Who
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0. You testified earJier about some
document that you gave Courtney to make new
arrangement- - 1 iving arrangement
A. No, I returned the note and I gave him
I tol d hi m that i nformati on that we were no
'l
onger
interested. I don't have a letter or a note that I
attached to that
0. And
you
said five years of silence. How
far away do you live from the Gillespie's?
A. Pardon?
0. How far away do you live. from the
Gi I I espi e' s?
A. Well
,
probably about a hundred feet.
a. And how often were you com'ing over
before al I of thi s started?
A. I have no idea.
0. How about daily?
A. I don't understand the question
or the
rel evance.
O. You claimed that there was no
communjcatjon
between you
and the Gjllespie's that
there was silbnce for five years
4
years.
A. " There was no communication on the matter
of the returned note wi th "vo'id" and "cancel ed" across
the face of it. There was no communication on thar
whatsoever,
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Tulare County
csR #13189
Superior Court
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0. If you wene cancelling the contract
MR, GASTON : Objection, Argumentative,
THE C0URT: Well, I didn't hear the
question.
l,ls. CASTILLO: Pardon me?
THE C0URT: Go ahead and ask your question,
p1 ease
BY l'IS . CASTI LLO :
A. What do you beljeve your
duties are when
you're
trying to amend the contract and it's clear Mr,
Gillespie doesn't want to.
l"lR. GASTON: Obj ecti on , That' s a I ack of
f oundat'i on .
\.
THE WITNESS: I don't understand the
questi
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THE COURT: I don't understand the
question.
t"ls. CASTI LLO: lle' s cl ai mi ng when he stated
that there was silence and nobody ever tried to
renegotiate a contract.
Our stance
j
s, there was a contract. Why
should
we negotiate a new one?
I want to know why he bel i eved there was
silence and no"comrnunication between the two of them
over negot'iati on of a new agreement when he was .over
daily on a daily basis, had barbecues at our house.'
THE COURT: Did you have any discussion
regarding modification of an agreement?
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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THE WITNESS: No.
THE COURT: 0kay
f'ls. CASTILL0: l'|r, Gi 11espi e woul d you
bel i eve that
THE COURT: He's testifying.
BY I"IS . CASTI LLO :
0. If you
felt that there should have been
a renegotiation,
who do you believe duties
'it
was when
you were the one who was trying to change the contract?
l'lR. GAST0N: Objection as to facts not
jn
evi dence. "Try'i ng to change the contract . " Hi s
testimony was that he returned it as being void.
THE C0URT: I th'ink the
question is
ambiguous.
He's already testified that
agreement?
D'id you make any attempt to modify any
THE WITNESS: No, sir
THE COURT: Did anybody make any attempts?
THE WITNESS: No, sir
THE COURT: Okay. So there is no attempt
made. That's his testimony.
BY HS, CASTILLO:
0, Thelr what are you bas'ing
your belief on
that you,
by yourself, can change a contract that's
been in effect for a year
?nd
it's for six years or
seven years?
ANN CAVIN,
Tulare County
csR #13189
Superior Court
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A. There was no attempt to change anything.
0. But you're saying there is no contract?
A. There
'is
a defaul t of agreement. There
is a default of sale agreement,
0, Default?
A. Defaulted accotding to the results the
note
'is
defaul ted upon , Payments were ceased
j
n
October of 2005. No payment has been made s'ince , I
returned the note "void, cance'led, no contract. " That
was the end of it, as far as I was concerned. I never
hear:d any no one's retried to negotiate or tried
a
new agreement since then, That's my testimony.
I can
on'ly say i t so many ways
THE C0URT: Any other
questions for him?
MS, CASTILLO: No, that's i t .
THE C0URT: All right. Anything further?
Nope? Okay
MR, GASTON: No, Your Honor
t'1S. CASTILLO: Can he say something or I
can say it?
BY MS. CASTILLO:
0. But how often was Nicklas over to the
house whether he was wanted or not wanted?
A. Everyday on Saturdays or Sundays when we
had barbecues, He lives a hundred feet away.
THE C0URT: Djd did you have any argument as
ANN CAVIN,
Tulare County
CSR #13189
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how I shoul d deci de the evi dence, l,lr^ . Gi 1 l espi e?
PlR. GILLESPIE: It's I i ke I stated before.
I 'm w'i i 1 i ng to negoti ate here. There i s two ways he
can
go.
Either he can as a trustee, he can
go
with the
original contract or he can pay me what he owes me on
the
power
and what I've put into the property and we'll
leave. But he's accepted a years of payments.
Now, I don't know if he's paid taxes on it or
any of th'is, but the thing of it is he's accepted the
money on the contract. And that as a trustee, that's a
breac.h of the contract.
THE COURT: All right.
Ms. Castillo, do
you have any arguments as to
how I should decide the nratter?
/
MS. CASTILLO: Yes, I do.
Th'i s i s c-learl y someth'ing outsi de of the
scope of an unlawful detajner. There was no rental
agreement and al so no bu'il d'ing the I and was bought
together.
My husband
put
in all of the work that
Nicklas couldn't do himself and then he says there is
no down payment.
We
put
jn
a lot of work and sweat
equity as well as money because he used all of our
tool s and equi pment to scope out the I andscape to be
able to put his house in. We helped him build his
house. Once he had no use for us, then he didn't need
ANN CAVIN,
Tul are County
csR #13'189
Superior Court
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the agreement
anymore.
we defaulted.
He tore up our checks and said
The Californ'ia law is very clear on that and
the Civil Code is when a good faith payment is tendered
and rejected, it's a debt forgiven. He cannot
THE COURT: What sectjon are you referring
to?
MS. CASTILLO: I don't have it on hand to be
able to present
that to you. It's there, and
THE C0URT: Well, if you're going to cjte the
1aw,
you
need to tell m; what the citation is,
l'ls. CASTILLO: Okay.
THE C0URT: It's not very helpfui for me
when you
say " f t's very cl earin the Cal i forni a Code"
and not si te where
you 're tal k'ing about .
t'4S. CASTI LLO: 0kay
,
I understand ,
THE COURT: Okay. Go ahead, please.
l'ls. CASTILL0: Anyway, wB djd our best not to
do anyth'ing to harm hjm in anyway and he is in return
tryi ng to harm us,
This is clearly outsjde the scope of an
unlawful detainer because it needs to be decided who
owes what and"'it can't be
-it's
not a rental
agreemeflt, never has been a rental agreement. There
wasn't a presumed rental agreement. This is his way of
continuing to take whatever we have left.
ANN CAVIN,
Tul are County
CSR #13189
Superior Court
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THE COUnf : 0kay. Did you
-incur
costs?
PlR. GASTON: Fi 1i ng fee.
D'id you incur a filing fee?
MR. H0FFHAN: Yes.
MR. GAST0N: I bhow a cost h'ere of
$32S.
THE COURT: All right. Did you
incur costs?
Court costs
'in
fi'l'ing an .answer?
MS. CASTILLO: Yes. We had to file
$ZOO.
$700
fi'l ing fee p'lus the motions, It was sjx
someth-i ng? Yeah
,
i t was al most
$7OO
.
THE COURT: You don't know what the costs
wet"e?
l'1S, CASTILL0: I wasn' t the one that pa'id
j
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I
just
handed the money over. Whatever it was, it was
to file the motion for three people.
MR. GILLESPIE: I think it was $615 or 20,
MS. CASTILL0: We had to pay
for George. He
was el der'ly .
THE COURT: No? You don't know how much it
was?
'MR.
GILLESPIE: No, Your Honor
,
I don't.
HS.'CASTILL0: Whatever cost for the civil
matter times three
THE COURT: All right. i wjll take the
matter under submi ss'ion
,
do my best to sort through
f rom the I ast of ev-idence .
ANN CAVIN,
Tul are County
csR #13189
Superior Court
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Of
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I thi nk my part'ing
word woul d be, no matter
what could be said about th-is case, the word "c'lear'ly"
should never have been used in any of the statements,
Thank you.
(Proceedings concluded.
)
-o0o-
ANN CAVIN,
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STATE OF CALIFORNIA
)
)
COUNry OF TUI-ARE
)
I, ANN CAVIN, an Official Certified
Shorthand Reporter of the Superior Court of the State of
California, do hereby certify:
That the foregoi ng act'ion was taken down
in stenographic shorthand writing and thereafter
transcri bed i nto typewr-it'ing
,
pages 1 through 56, and
that the foregoing transcript constitutes a full, true,
and correct trahscript of said
proceedings.
Dated: March 23, 2010.
s5
ANN CAVIN,
Tulare County
csR #13189
Superior Court
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EXHIBIT C:
Tulare County
Superior Court
Order of March 23.2010
Itt re Debtor---Melody Att.n Castilto Gillespie: Origin.nl Conrploirr! ltt
"Core"
Adyersarlal Actlon
Gillupie & Gillespie v, Nicklos Artltur Hoffnun, Nickol D. Gerritsnw, H,M, l{ysocki rrust, et fl\,
48
)
H. M. WYSOCKI TRUST,
)
No.pCL 138180 Dept. No. 3
)
Plaintiff,
)
Judge: Honorable Glade F. Roper
)
vs
)
Clerk: Maria Lede6ma
)
COURTNEY GILLESPIE, et al,
)
Reporter: Ann Cavin
)
)
Defendants.
)
)
Nature of Hearing: TRIAL, MOTION FOR JUDGMENT ON THE PLEADINGS AND
FOR DTSMISSAL FOR FAILURE TO INCLUDE AN
INDISPENSABLE PARry
Attorney for the Plaintiff:
Andre Gaston
Attorney for the Defendant:
Plaintiff
present ( X) Plaintiff not present (
)
Defendant present (X)
Defendant not
present (
)
The trial in this case was heard by the Court March 23,2010. Defendants
moved for
judgment
on the pleadings
"nd
fot dismissal for faiiure to include an
indispensable party. Both sides presented
oraland documentary evidence and the
matter was submitted.
Defendants noted that the rninute ordbr of February 2g,2010 was in error in
staling that George Mgson was present, since he had di-ed
prior to that time, and in
stating that the, matter was continued so that "defendant.could hire an attorney." In fact,
the rnatter was continued for Plaintiff to obtain an attorney since a trust may not appear
in propria persona through one of the trustees.
Defendants' motions are denied.
e"
The facts are muddy at best. None of the witnesses fully explained the
relationship between the parties or the nature of the agreemeni, if any, by which
Defendants have possession
of the subject property. Some negotiations obviously
occurred and apparently the parties
felt at one iime'that they ha-d entered into an
agreement for Defendants to purchase the property. Each side felt the other had
breached the agreement. lt was evident from all testimony that there was no
agreement of any'kind by which Defendants qre
tenants of the prgperty as renters.
Although the complaint alleges an oral agreement for Defendants to park a
"motorhome"
on the property,
no evidence supported the allegation.
There being no rental agreement, the Thr:ee.-Day Notice served by Plaintiff on
Defendants was a nullity. No evidence wds presented to support a claim of waste,
nuisance or unlaMul purpose.
No evidence was presented to support the allegations
made in the Three-Day Notice to Quit.
Judgment is entered for Defendants, and Plaintiff is not entitled to any recovery.
Defendants are entitled to costs but because they did not know the costs at the
t!q.e
9f
the triat must submit a memorandum of costs and formatjudgment consisteq! this
ruling.
Dated: March 23,2UA
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EXHIBIT D:
Notice of Claim of Lien Filed
October 11,2011
Tuesday
In Tulare County, California
Re: 1831 North Lime Street
Porterville, California 93258
Itt re Deblor---Melody Ann Caslillo Gillespie: Originol Conryhint ln
"Core" Adversnrial Actton
Gillespie & Gillespie v, Nicklas Arllrur Hoffnrm, Nickol D, Gerritsnw, H,tV, ll/ysocki Trust, et nl,
49
o,
Recording requested by
Courtney Ray & Melody Ann Gillespie
gi! ur gqurcnr
fl8eords{t
It-.aati
tJir-ffiSdd
r
li!lt7-_,J been corpared with
ori ginal
TILRfiE C&B{TY ffiCONOEN
And when recorded mail this document
to;
U^4w4 Gllpfuq
P.O. Box 8323
'
Porterville, CA 93258
For recorder's use
.
NOTICE OF MECHAMC'S LIEN
(California Civil Code
gS4l6)
The Und.ersiglred, Melgdy Ann and Courtney Ray Gillespie, refened to in this Claim of Lien as the
Claimants, ctpims a mechanic's lien for the labor, services, equipment, and./or materials and described
bqlgw, furnished for a work of improvement upon that certain real properfv located in The County of
Tqlare, The State of Califomia, and desgribed as follows: a tn acre plot of land whose primary original
entrance is:known as or commonly identified as 1831 North Lime Street, Porterville, CA93258,but the
Iegal desription of this property is:
LOT l0 of Herynosa Orange Colony, Counly of Tulare, State of California, according to the Map thereof
in Book 2, Page 1 3 I of Maps, Tulare County Records.
A.P.N. 255-230-004, more commonly known as 1831 North Lime Street, Porterville California.
claimants:
courtney Ray & Melody Ann Gillespie
1831 North Lime Street
Porterville, CA93258
hereby ciaim a mechanic's lien as follows:
1. Claimants' demand, after deducting all
just credits and offsets, is $724,002.00, plus interest at the rate
of l}Yo per annum
Date of Nicklas Hoffman's Notice of Breach:
August 4, 2009 (from:which date interest on the total of all claims accruing between June 1, 2004,
August 4,2009 should b9 ca1cul4ted) and
Octobel 11' 2011 (from which dale interest on all claims accruing since August 4,2009, and the date of
filing should be cglculated).
2. The name of the record tit{e owners, reputed owners, and/or legal trustees are:
Nickol D. Gerritsma.4nd Nicklas Arthur Hoffman, Trustees for ths H,M. Wysocki Trust, Sean Ray
Enterprises, and Arur Minter
3. Claimants Courtney Ray and Melody Ann Gillespie furnished the following kinds of labor, services,
equipment or materials, all of wliich Nicklas Hoffrnan claims as 'oimprovements to the property'i:
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Notice of Mechanics Lien
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Starting June 1, 2004, and continuing for seven and a half years up through and including the present
month of October 2011, ground leveling, foundation work, home construction and expansion or
installation of three pennanent and 9 prefabricated self-contained buildings including two full-family
homes, gar4ge, fencing, gardening, plus wiring and piping and utiligy connection of home improvements,
upgr4des, repairs, and replacement over of improvements on these 8 total structures. These structure
include l2 spatially distinct but functionally complemeniary free-standing architectural units, incfuding:
(1)
.
One permanent garage, a 1200 square feet for 3 cals with two extra rooms, which today is used
exclusively by Nicklas Arthur Hoffman, for wlich Claimants contributed 50% of atl labor and material
and construction equipment includin g 100% of the ground-leveling involving trenching and massive
earth-moving, foundation work, septic
Jank
and part of the labor in erecting the superstructure and roof.
This building is used by:Nicklas Arthur Hoffman, as his primary business, and sourie of income, which is
an internet Radio & Television Station known as FirstAmbndmentRadio,com aka far.com also aka
Liberty Radio Live, operated by Nicklas Arthur Hoffman's solely owned and op"rut"A Sean Ray
Enterprises, a businesg trust, which broadcastp intemalionally, advertising and selling goods. Claimants
have continually.subsidized this broadcast since November 1, 2004 by paying 100% of the electrical bill
on all ten acres, at a cost vlrying month-by-month from approximatety $SOO
!n
t[re first month of
December 2004 to a minimum of $22'1.4'l in April 2008 to a recent maximum of $ 1200.00/month.
(2) Ore permanent structure, a 1400 square foot two story house with 3 bedrooms and two baths,
which today is also used exclusively by Nicklas Arthur Hoffrnan as his residentiai home, for which
Claimants contributed 50% of all labor and material and construction equipment including 100% of the
ground-leveling involving trenching and massive earth-moving, foundation work, septic tank and part of
the labor in erecting the superstructure and roof,
(3) One permanent structure, circa 500 square feet utilized by Sean Ray Bonniewell, for whom Sean
Ray Enterprises was narned, for the exclusive use of Sean Ray Bonniewell.
(4) The largest prefabricated pinewood structure (aka "the Big Baqn") which Melody Ann Gillespie
purchased fipm
"Dry
Creek Bam" and installed at 183 I North Lime Street measures 30 x 12 feet, at a
total cost of approximately $15,000.00, including interest, for which payments were completed in April
2010. This building is currently used for workshop & storage purposes.
(5) The second largest prefabricated pinewood structure (aka "the Big Cottage") which Melody Ann
Gillespie purchased from "Dry CreekBarn" and inslalled at l83l North l,ime Street measures24x12
feet, at a total cost of approximately $9,000.00, including interest, for which payments were completed in
October 2011 , This building is cunently used as a TV/lvlovieA/ideo area.
(6) The third largest prefabricated pinewood ("the Cabin") structure which Melody Ann Gillespie
purchased from "Dry Creek Barn" and installed at 1831NorthLime Street measures 10 x20 feet, ata
total cost of approximately $15,000.00, ilcluding interest, for which payments were completed in April
2010. This building is used primarily as a library.
(7) The fourth, fift}r, and sixth largest prefabricated pinewood structures (aka "the shed"
:
workshop,
"the cottage" = gsrrrsroom, and "the saloon"
:
the pantry (food storage) which Melody Ann Gillespie
purchased from "Dry Creek Barn" and installed at 1831 North Lime Street measures l0 x 12 feet, the
fourth at a total cost of approximately $6,000.00, the fifth at a total cost of $ 10,000.00 including interest,
for which payments were completed in April 2010.
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Notice of Mechanics Lien
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(8) The seventh prefabricated pinewood sffucture mcasures 10 x l0 and is called the "little barn" and
is called "the tackloom" (: equqstlian equipment).
(9) The smallest building in the compound is a 6 x 8 structure which claimants built themselves
which is used as a utility shed.
(10) The twelfth and last construction in the compound is a roof and decking over and around the
small trailer, a 1983 25 foot Hitchhiker by NU,WA, which functions as the second permanent family
home on the premises listed above.
These are the fwelve buildings which Claimants built and maintained on ten acres, formerly (as of June 1,
2004) with bare land now *ith structures referred to183l North Lime Street in'Porterville, California,
made to the subject prqperty starting. List of common area items of repair, replace or installed are:
Exterior New roof front and back landscaping, water and sprinkler system maintenance, and painting.
Courtney Ray Gillespie earns $2+4,ou, at his regular job
as stationary engineer (plumbing, elechical,
carpentry) rnaintaining the entire Sun Maid Raisins plant in Kingsburg, California, and is thus qualified
and fiained in precisely the kind of work piofgssionally for which services are claimed here in quantum
meruit (average approxim4tely 30 hours per week x 52 weeks x 5 years, June 1, 2004-June 1,2009, =
$187,200 latgr plus average i5 hours per week x 122 weeks = $43,920 since June 1, 2009) for a total of
$231,120.00 claimed by Courtney Ray Gillespie accruing continually and without interruption of any
kind since June 1, 2004, although Nicklas Arthur Hoffrnan served Notice of Breach of Contract not later
than August 4,2009.
Courtney Ray Gillespie inherited $25,000.00 upon the sale of his parents' home on Sixth Street in
Hanford, Califomia in January of 2004, Melody Ann Gillespie had $20,000,00 in savings as of April
2004 which she intended to use for the purchase of a home on the west side of Porterville. Nicklas Arthur
Hoffman approached the Claimants regarding a joint project to develop the property at 1831 North Lime
sr
Melody Ann Gillespie has invested a total of approximately
$54,000.00
cash payment for purohase and
improvement prefabricated buildings installed on the property, plus approximately $30,000.00 for
construction malerials and heavy equipment, improvements, plus approximately $7,000.00 in equipment
that Nicklas Arthur Hoffman removed and converted to his own used from the Claimants' locked
properties on April 24,2009.
4. Said labor, services, equipment or materials were performed on and furnished at:
a ten acre plot of land whose primary original entrance is known as or commonly identified as 183 1 North
Lime Street, Porterville, CA 93258, but the legal description of this property is:
LOT 10 of Hermosa Orang,e Colony, County of Tulare, State of California, according to the Map thereof
in Book Z,Page l3 I of Maps, Tulare County Records,
A.P.N. 255-230-004. more commonly known as l83l North Lime Street, Porterville CA
5. The name of the persons by whom Claimants were employed and to whom the Ciaimant furnished the
labor, services, equipment or materials is:
Nicole D, Genitsma, Nicklas Arthur Hoffman, Trustees for H.M. Wysooki Trust, and Sean Ray
Entemrises.
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Notice of Mechanics Lien
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Signed, Executed, and Filed by the Claimants on this date:
Tuesday, October 18, 201 1
Courtney Ray Gillespie, husband of Melody Ann Gillespie
1831 North Lime Street, Porterville, CA 93258
itor
pie, wife of Courbrey Ray Gillespie
By:
Me
VERIFICATION
I, the undersigned Courtney Ray Gillespie, say and declare under penaity of perjury that I am the
SECI-IRED PARTY CREDITOR
of the claimant of the foregoing mechanic's lien;I have read and reviewed said claim of mechanic's lien
and know the contents thergof; the same is tme of my own knowledge. i hereby declare and veriff under
penalty of perjury that each element of the foregoing claim is true and correct.
(daqthis document was sigrred), at Porterville, Califomia
,
VERTFICATION
I, the undersigned Melody Ann Gillespie, say and dsclare under penalty of perjury that I am the
SECURE.D PARTY CRED ITOR
of the claimant ofthe foregoing mechanic's lien; I have read and reviewed said claim of mechanic's lien
and know the coptents thereof; the same is true of my own knowledge. I hereby declare and veriff under
penalty of perjury that each element of the foregoing claim is tue and correct.
Executed on Tuesday, October 11, 2011, (date this document was signed)
at Porterville, California
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Notice of Mechanics Lien
NOTICE OF MECHAIYIC'S LIEN
(California Civif Code
$8416)
Attention!
Upon the recording of the enclosed MECHANICS LIEN rvith the county recorde/s office of the county
wh.gre tfre property is located, your prbperty is sudect to the fiiing of a legal u"iion s"rt inf u ;#
ordered foreclbsure sale of the real p{opert-y on which the'lien has been recorded. That legal action must.
be filed with the courl no later than 90 days after the date the mechanics lien is recorded.
:
The party identifred in the enclosed mechanics lien may have provideci labor or materials for
improvements to your property and may not have been paid for these items, You are receiving this notice
because it is a required step in frling a mechanics lien foreclosure action against your property. The
foreclosure action will seek a sale of your prgperty in order to pay for unpaid labor, materials, or
improvements provided to your property. This ma/ afiect your ability to borlow'against, refinance, or sell
the propeffyr.rntilthe
mechanics lien is released,
BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK W1TH YOUR
coNrRAcToR IMMEDTATELY, OR CONTACT AN ATTORNEY, OR FOR MORE
INFOBMATION ON MECHANICS LIENS GO TO THE CONTMCTORS' STATE LICENSE
BOARD WEB SITE AT wwlv.cslb.ca.sov."
-.
PROOT' OF SERYICE AFFIDA\TJT
(California Civil code
$308a
(aXO, (CXl)(A)
I, Courtney Gillespie declare thal I served a copy of the enclosed MECHANIC'S LmN and NOTICE OF
MECIIANIC'S I.IEN by Certified First Class Mait, evidenced by a
qertificate
of mailing, postage
prepaid, addressed to the followir-rg owner, or reputed owner of the properly Nickol Genitsma/WYSOCKI
TRUST at the following address: l6!4 Bradley Street, Visalia, California, 93292, on this date: October
19,2011, Signed at Porterville California, Tulare county on this date, October 19, 201 1.
ACKNOWLEDGEMENT BY NOTARY PUBLIC
The Counfy of Tulare
The State of California.
On October 19, 201I before me,
Ray Gillespie, who proved to me on the basis of evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capaciry, and that by his signature
on the instrument the Derson. who acted. e mstrument.
I certifu under PENALTY OF PEzuIIRY of The State of California that the foregoing paragraph is
true
WI
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of Mechanics Lien
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