1" 2" 3

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DECLARATION OF LISA MacCARLEY I, LISA MacCARLEY, declare:

1. I am an attorney-at-law duly admitted to practice before all the courts of

4 " the State of California and the attorney of record herein who appeared as counsel 5 II at trial for Plaintiffs EVELYN CHRISTINA RAMIREZ and ALONSO MANUEL 6
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CASTANEDA (UPlaintiffs").

As to the facts herein set forth I have personal

7 " knowledge, and if called as a witness I could and would testify competently under 8 9 11
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oath to each of the matters herein set forth. 2. I hereby make this Declaration in support of Plaintiff's Motion for of the Costs of Partition. over her 3. I became involved with the Castaneda family in October of 2007 when I

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10 II Apportionment
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12 " was retained by Susana Castaneda (USusana") to file a conservatorship 13 " mother, Felicitas Castaneda. 14 15
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There were allegations and suspicions that Felicitas

Castaneda may have been the victim of financial elder abuse. A Petition to Appoint a Conservator of the Person and Estate was filed with the Court on February 1, 2008

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16 " and set for hearing on March 14, 2008, in that certain action entitled In Re the

17 " Conservatorship of the Person and Estate ofFelicitas Castaneda, Proposed Conservatee, Los
18 " Angeles County Superior Court, Case NQGP 013 531. Before the hearing on the

19 II Petition to Appoint Conservator, Felicitas Castaneda (UDecedent")passed away on 20

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February 26, 2008. 4. On August 14, 2007, the Decedent filed a Complaint for Damages (sic) to

21 "

22 " Quiet Title to certain real property located at 1377 Rutan Way, Pasadena, California 23
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(the uProperty"), Conversion and Fraud against Susana and the Plaintiffs herein, in

24 " that certain action entitled Felicitas Castaneda v. Susana Castaneda, Evelyn Christina 25 " Ramirez, Alonzo Manuel Castaneda, Amador Ray Reyes, and DOES 1-1000, Los Angeles
26
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County Superior Court, Case NQGC 039 4598 (URutan I"). Attached to the Request

27 " to Take Judicial Notice of Court Records (URTJN") marked EXHIBIT A filed 28 " concurrently herewith, is a true and correct copy of the Complaint filed in Rutan I, 14
MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 which is made a part hereof by this reference. 2 3

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5. On April 16, 2008, Rutan I was voluntarily dismissed with prejudice by the Decedent's counsel. Attached to the RTJN marked EXHIBIT B is a true and correct copy of the Minute Order of April 16, 2008 filed in Rutan I, which is made a part
6. On January 6, 2009, Plaintiffs filed the instant action for Partition of the

5 II hereof by this reference.

6 II 7 II Property against Defendant JOSE CASTANEDA ("Jose") and certain other

8 " institutional Defendants.

Attached to the RTJN marked EXHIBIT C is a true and

9 " correct copy of the First Amended Complaint (sans Exhibits) filed January 26,2009

10 in this action, which is made a part hereof by this reference. 11 7. On May 4,2009, Jose filed his Answer to the First Amended Complaint for

12 II Partition contesting the validity of the Grant Deed from the Decedent to the

13 Plaintiffs. Attached to the RTJN marked EXHIBIT D is a true and correct copy of
14 Jose's Answer to the First Amended Complaint filed May 4, 2009 in this action, 15 " which is made a part hereof by this reference. 16
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8. On February 22, 2010, trial was held in this action which resulted in the

17 II Court entering an Interlocutory Judgment in favor of the Plaintiffs and against Jose. 18 II The Interlocutory Judgment provides in pertinent part as follows:
19 " 20
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"IT IS ORDERED, ADJUDGED, AND DECREED: 1. Plainti[fsEVELYNCHRISTINARAMIREZandALONSOMANUEL

2111 22
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CASTANEDA and Defendant rOSE CASTANEDA are the owners, as tenants in common, of the certain real property located at 1377 Rutan Way, Pasadena, California 91104, and legally described as ...
2. Plaintiff EVELYN CHRISTINA

23 "
24 II 25
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RAMIREZ being the owner of an

undivided one-third (1/3) interest in the Property, Plaintiffs ALONSO MANUEL CASTANEDA being the owner of an undivided one-third
(1/3) interest in the Property, and Defendant JOSE CASTANEDA being

26 II

27 "
28 II

the owner of an undivided one-third (1/3) interest in the Property.

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MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 2 3 4

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3. That the Property be partitioned by way of sale and the sale proceeds from the sale of the Property be awarded to the parties according to their respective interests; ... " [Emphasis added.] Attached to the RTJN marked EXHIBIT E is a true and correct copy of the

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5 IIInterlocutory Judgment entered and filed February 22,2010 in this action, which is 6 7 8 9 10
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made a part hereof by this reference. 9. On February 23, 2010, Jose filed a Notice of Appeal from the Interlocutory Judgment entered in this action with the Court of Appeal for the Second Apellate District bearing Case
NQ

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B222718.

10. On July 7, 2011, the Court of Appeal filed its Opinion and affirmed the

11 II Interlocutory Judgment in fulU Attached to the RTJN marked EXHIBIT F is a true

12
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and correct copy of the Opinion of the Court of Appeal filed July 7, 2011 which is

13 II made a part hereof by this reference. 14

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11. On March I, 2010, Jose filed a Complaint for Fraud, Conversion, to Quiet

15 II Title to the Property, for Elder Abuse and for False Filing of an Elder Abuse 16
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Complaint against Susana, Gonzalo, Plaintiffs, Martha, and a notary public, Franco

17 II Fang, in that certain action entitled Estate of Felicitas Castaneda and Jose Castaneda, 18 II Administrator 19 20 21
22
23
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of the Estate of Felicitas Castaneda, vs. Susana Castaneda; Gonzalo

Castaneda; Evelyn Christina Ramirez; Alonso Manuel Castaneda; Martha Castaneda; Franco Fang; and DOES 1 to 10, inclusive, filed in the Los Angeles County Superior

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Court, bearing Case to determine

NQ

GC 044 745 (HRutan II"). In Rutan II, Jose once again sought

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title to the Property, which issue has already been adjudicated

24 ..
3 2511

On August 8, 2011, Jose filed a Petition for Review in the California

.

26

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Supreme Court. On August 31, 2011, the Court of Appeal transrmtted the records to the California Supreme Court. As of the execution of this Declaration,

27 " there has been no decision from the California Supreme Court on the Petition for Review.
28

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MOTION FOR APPORTIONMENT OF PARTITION COSTS

11/ adversely to him in the instant action. Attached to the RTJN marked EXHIBIT F is 2
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a true and correct copy of the Complaint filed March I, 2010 in Rutan II, which is

3 II made a part hereof by this reference.

4 II 12. On April IS, 2010, Susana, Gonzalo Castaneda (uGonzalo") and the 5 " Plaintiffs filed a Demurrer, Motion to Strike Portions of the Complaint, and a Motion 6
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to Dismiss or Abate Action in Rutan II, on the grounds, inter alia, that the prior

7 II Interlocutory Judgment entered in this action, and the Judgment of Dismissal with 8 9 10
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prejudice entered in Rutan I, were res judicata to any and all claims concerning title to the Property being asserted by Jose. 13. On May 21,2010, in Rutan II, the Court granted the Demurrer, Motion to

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11 " Strike and the Motion to Dismiss in their entirety, and dismissed the Complaint on 12 " the grounds, inter alia, that the action was barred under the doctrine of res judicata. 13 Attached to the RTJN marked EXHIBIT H are true and correct copies of the Minute
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14 II Order of May 21,2010 and Order entered July 23,2010 which are made a part hereof 15 II by this reference. 16 " 14. On August 9, 2010, Jose opened another probate proceeding for the Estate Fraud, (2) Illegal Conversion Tactics, (3) to Quiet Title to the Property, etc. against

17 " of the Decedent by filing a Petition and Claim and Complaint for Damages for (1)
18
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19 II Susana, Gonzalo, the Plaintiffs herein, Martha and Franco Fang (notary public), in 20
21 22
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that certain action entitled Estate of Felicitas Castaneda, Deceased. Jose Castaneda,
Administrator of the Estate of Felicitas Castaneda, Petitioner, vs. Susana Castaneda; Castaneda; Martha

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Gonzalo Castaneda; Evelyn Christina Ramirez; Alonso Manuel

23 24

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Castaneda; and Franco Fang, Respondents, filed in the Los Angeles County Superior

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Court, bearing Case

NQ

GP 015 414 (URutan III"). Attached to the RTJN marked

25 " EXHIBIT I are true and correct copies of the Petition and Claim and Complaint filed 26 " August 9,2010 in Rutan III, which are made a part hereof by this reference. 27 28
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15. On September 24, 2010, in Rutan III, the Court denied the Petition and Claim and Complaint without prejudice.

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MOTION FOR APPORTIONMENT OF PARTITION COSTS

1 2 3 4 5 6 7 8 9 10 11 12 13

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16. Complaint

On April 25, 2011, Jose filed an Amended

Petition

and Claim and

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in Rutan III. To date, Jose has not effected service of process on Susana,

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Gonzalo or the Plaintiffs herein. 17. On July IS, 2011, Jose filed an 850 Petition seeking title to the Property. The 850 Petition has not been lawfully served on Susana, Gonzalo or the Plaintiffs herein. 18. The 850 Petition and the Amended Petition and Claim and Complaint are

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presently

pending

in Judge House's

courtroom

and set for hearing on October 21,

2011 at 8:30 a.m. The Court should note that the claims set forth in Rutan III with respect to the Property,
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are equally barred by the doctrine of res judicata and if Jose parties, another demurrer will be filed

manages

to lawfully

serve the responding

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and granted without

leave to amend by the Court.

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I declare under penalty of perjury under the laws of the State of California is true and correct, and that this Declaration was executed on

14 that the foregoing

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~: ::September 29,2011, atGlendale, califOrrri~1/lze(k " ISAM

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&;

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MOTION FOR APPORTIONMENT OF PARTITION COSTS