R. Stephen Goldstein (SBN 083505)
`Vladislav P. Viltman (SBN 203140)
`GOLDSTEIN, GELLMAN, MELBOSTAD
`HARRIS & McSPARRAN, LLP
`1388 Sutter Street, Suite 1000
`San Francisco, CA 94109-5454
`T: (415) 673-5600 | F: (415) 673-5606
`sgoldstein@g3mh.com
`vviltman@g3mh.com
`
`Attorneys for Plaintiff
`Jerry E. Grooms
`
`ELECTRONICALLY
`F I L E D
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`Superior Court of California,
`County of San Francisco
`03/07/2025
`Clerk of the Court
`BY: JAMES FORONDA
`Deputy Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF SAN FRANCISCO
`
`JERRY E. GROOMS, an individual
`
`Case No. CGC-23-605988
`
`Plaintiff,
`
`v.
`
`RONALD HARTMAN, an individual,
`HENRY B. SEILER, an individual,
`STEPHEN NELSON SEILER, an
`individual, and ALL PERSONS
`UNKNOWN CLAIMING AN INTEREST
`IN THE PROPERTY.
`
`Defendant(s).
`
`PLAINTIFF’S EX PARTE
`APPLICATION FOR ORDER FOR
`SERVICE BY PUBLICATION ON ALL
`PERSONS UNKNOWN CLAIMING AN
`INTEREST IN THE PROPERTY
`
`Dept.: 206
`
`EX PARTE APPLICATION
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`Pursuant to California Rules of Court, Rule 3.1200 et seq., and California Code of Civil
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`Procedure §§ 415.50 and 763.010 et seq., Plaintiff JERRY E. GROOMS (“Plaintiff”) hereby
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`applies ex parte for an order permitting service of the Summons and First Amended Complaint
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`on ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY by
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`publication.
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`As set forth in the accompanying declarations of Plaintiff Jerry E. Grooms and Vladislav
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`P. Viltman, a thorough and diligent investigation has been conducted to reveal any and all
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`potential claimants to interest in the real property at issue. No such potential claimants have
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`been found.
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`This Application is based on the facts and considerations set forth below, the
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`accompanying Memorandum of Points and Authorities, the Declarations of Plaintiff Jerry E.
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`Grooms and Vladislav P. Viltman, the Proposed Order submitted herewith, and all papers on
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`file in this action.
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`BACKGROUND FACTS
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`
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`The instant quiet title action seeks to clear a cloud on title created by a scrivener’s error
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`in a Quit Claim Deed. This is an unopposed quiet title action that commenced two years ago
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`and there is still no end in sight. Plaintiff Jerry Grooms is in poor health and living in a
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`dilapidated house. Plaintiff’s goal is to sell the house so that he can move in with his sister in
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`Louisianna. Unfortunately, no escrow company will issue title insurance until the cloud on title
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`is correct. This motion seeks to serve by publication, the unknown claimants so that their
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`default can be taken and this case can proceed to a prove up hearing.
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`
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`The relevant background facts are as follows. In 1998, JERRY E. GROOMS, Frank M.
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`Conolly, and Janet R. Seiler co-owned the property commonly referred to as 747-749 Oak
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`Street in San Francisco. Conolly and Plaintiff together held a one-half interest and Seiler held
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`the remaining undivided one-half interest as “Trustee Under Declaration of Trust dated
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`February 25, 1997.”
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`On August 6, 1998, Plaintiff and Conolly filed a lawsuit against Seiler in San
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`Francisco Superior Court alleging the imposition of a constructive trust (Case No. CGC-98-
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`997027). As part of the settlement of that lawsuit, Seiler executed a Quit Claim Deed on
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`September 25, 1998 disclaiming any ownership to 747-749 Oak Street. More specifically, the
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`language in the Quit Claim Deed states:
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`I, Janet R. Seiler an unmarried person (“Grantor”), by these presents does
`hereby transfer, convey and relinquish unto Frank M. Connolly, an unmarried
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`person, and Jerry E. Grooms, an unmarried person (“Grantees”), as joint
`tenants, the entirety of my rights, interests and claims as a joint tenant, which
`consists of an undivided ½ interest, in a certain tract or parcel of land in the
`City and county of San Francisco in the State of California, commonly known
`as 747-749 Oak Street and Described more particularly as follows, to wit:
` [text of legal description omitted]
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`The attorney who prepared the Quit Claim Deed, Michael Hall, made a scrivener’s error
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`in the drafting. The Deed identifies Grantor Janet R. Seiler as “an unmarried person.” However,
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`at the time the Deed was prepared and executed, Seiler held title to her undivided ½ interest as
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`the trustee of her revocable trust.
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`Plaintiff’s Complaint alleges in detail that he is the sole remaining owner of 747-749 Oak
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`Street. Frank M. Conolly died on December 15, 2020. Plaintiff’s complaint also alleges that the
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`scrivener’s error creates a cloud on title and any title company performing a title search during
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`escrow will uncover this discrepancy.
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`Plaintiff is informed and believes that soon after the execution of the defective Quit
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`Claim Deed, Seiler left the Bay Area and relocated permanently to Florida. Seiler died in 2018
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`at the age of 75.
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`Upon discovering the scrivener’s error, plaintiff initiated a search for Seiler with the
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`intended goal of having her execute a corrected Deed. It was during this search that plaintiff
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`learned of Seiler’s death.
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`Through a review of Seiler’s death certificate and other publicly available information,
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`Plaintiff’s counsel was able to locate two of Ms. Seiler’s brothers, Henry B. Seiler and Stephen
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`Nelson Seiler. Both were added as defendants in this action, served, and their defaults have been
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`recorded. They do not oppose the relief sought by Plaintiff.
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`In May of 2024, the undersigned attorneys discovered that Plaintiff and his close friend,
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`defendant Ronald Hartman, had entered into an arrangement which involved the recordation of a
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`Deed of Trust and Promissory Note against the property and in favor of Mr. Hartman. While no
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`dispute exists between Plaintiff and Mr. Hartman, Plaintiff was obliged to add Mr. Hartman as a
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`defendant in this matter under Cal. Code Civ. Proc., § 762.060(b). Mr. Hartman has been served
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`and his default has since been taken.
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`As no defendants are available to serve by other means, Plaintiff requests permission to
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`serve the Summons and Complaint on ALL PERSONS UNKNOWN CLAIMING AN
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`INTEREST IN THE PROPERTY by publication.
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`ARGUMENT
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`San Francisco Superior Court Local Rule 3.1(C) states that an application for service by
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`publication must be made to the Presiding Judge. Furthermore, an application for leave to serve
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`by publication must be made pursuant to CCP § 415.50, which states in relevant part:
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`A summons may be served by publication if upon affidavit it appears to the
`satisfaction of the court in which the action is pending that the party to be
`served cannot with reasonable diligence be served in another manner specified
`in this article and that either:
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`(1) A cause of action exists against the party upon whom service is to be made
`or he or she is a necessary or proper party to the action.
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`(2) The party to be served has or claims an interest in real or personal property
`in this state that is subject to the jurisdiction of the court or the relief demanded
`in the action consists wholly or in part in excluding the party from any interest
`in the property.
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`As sworn in the accompanying declaration of Plaintiff Jerry E. Grooms, Plaintiff
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`undertook to locate Seiler as she was the only individual who could have signed off on a
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`corrected Quit Claim Deed. Seiler is now deceased. After a thorough and broad-based
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`investigation into any and all potential claimants to interest in the property—which included
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`securing a title report, reviewing available public records, scrutinizing recorded property
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`documents, and an effort to locate Ms. Seiler’s heirs and relatives—Plaintiff’s counsel uncovered
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`the names and locations of two of Ms. Seiler’s brothers, both of whom are now defendants in this
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`action whose defaults have been taken.
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`Having conducted a thorough investigation in good faith, Plaintiff and Plaintiff’s counsel
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`believe there to be no one else to serve. CCP § 763.010(b) states, in part:
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`(b) If upon affidavit it appears to the satisfaction of the court that the plaintiff
`has used reasonable diligence to ascertain the identity and residence of and to
`serve summons on the persons named as unknown defendants and persons
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`joined as testate or intestate successors of a person known or believed to be
`dead, the court shall order service by publication pursuant to Section
`415.50 and the provisions of this article.
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`Service by publication is the only means left available to Plaintiff to effect proper legal
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`service upon ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY
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`before requesting a hearing on the Quiet Title relief sought. If this application is granted,
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`Plaintiff will publish notice in the San Francisco Examiner once a week for four weeks, at a cost
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`of $500. The Examiner has confirmed their willingness and availability for such publication. A
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`proposed order is included with this application.
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`This application is being resubmitted because plaintiff’s current situation is dire. Plaintiff
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`is in poor health and the subject property is in dilapidated condition. (Exhibit A to Supplemental
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`Declaration of Vladie P. Viltman.) Plaintiff does not have the money to fix the property. His
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`goal was to sell the property so that he could move in with his sister, who lives in Louisianna.
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`Because of the existing cloud on title the subject property is unmarketable. Plaintiff is stuck in
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`an untenable situation. The Supplemental Declaration of Vladie P. Viltman contains additional
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`information critical for this request for publication.
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`CONCLUSION
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`For the foregoing reasons, Plaintiff respectfully requests that the Court grant this ex parte
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`application and permit service of the Summons and First Amended Complaint on ALL
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`PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY by publication. Mr.
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`Grooms wishes to sell his house and relocate closer to his family, but the ongoing title issues are
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`frustrating his efforts to do so. This case has been pending for an extended period, and the
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`unresolved cloud on title continues to hinder Plaintiff's ability to move forward with his life.
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`Plaintiff respectfully requests the Court’s assistance in the just resolution of this matter.
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`// // //
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`// // //
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`// // //
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`// /// //
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`Dated: March 4, 2025
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`
`
`GOLDSTEIN, GELLMAN, MELBOSTAD
`HARRIS & McSPARRAN, LLP
`
`
`
`
`By: _______________
` Vladie P. Viltman
` Attorney for Plaintiff Jerry E. Grooms
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