Ray Robinson, Esq., LL.M (SBN 334424)
`rayrobinson.attorney
`
`1990 N. California Blvd., Suite 830
`Walnut Creek, CA 94596
`
`925.255.1640 tel | Main Office
`925.388.0735 tel | Moraga Office
`925.223.5953 fax
`
`Email | ray@rayrobinson.attorney
`
`Attorney for Plaintiff
`Windy R. Cherry
`
`ELECTRONICALLY
`FILED
`
`Superior Court of California,
`County of San Francisco
`
`04/16/2025
`Clerk of the Court
`BY: BOWMAN LIU
`Deputy Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`WINDY R. CHERRY, Case No. CGC-24-618761
`Plaintiff, UNLIMITED JURISDICTION
`v. APPLICATION FOR LEAVE TO SERVE
`mee santosh SUMMONS BY PUBLICATION
`
`DELPHINE CHERRY, in her official capacity
`as co-trustee of the Johnny J. and Margie
`Cherry Trust; GLEN P. COLE, an individual;
`EVAN L. COLE, an individual; JEREMY P.
`COLE, an individual; CLINTON KILLIAN, as
`Trustee; and DOES 1-10, inclusive,
`
`Defendants.
`
`Department: 206
`
`Action Filed: October 4, 2024
`Trial Date: Not Set
`
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`Plaintiff Windy R. Cherry (“Plaintiff”), pursuant to California Code of Civil Procedure
`sections 413.30 and 415.50, hereby applies for an order authorizing service of the summons on
`Defendants Glen P. Cole, Evans L. Cole, and Jeremy P. Cole by publication in the Daily Journal/Bay
`Area Newsgroup, a newspaper of general circulation where Defendants are most likely to receive
`actual notice.
`
`This application will be, and hereby is, made on the grounds that: (1) Defendants cannot with
`reasonable diligence be served in another manner specified in the Code of Civil Procedure; (2)
`Defendant Attorney Clinton Killian (trustee of the deed of trust at issue in this action) has refused to
`accept service of process on behalf of defendants Glen P. Cole, Evans L. Cole, and Jeremy P. Cole
`and has been uncooperative with providing the last known address for these defendants; and (3) the
`Daily Journal/Bay Area Newsgroup is a newspaper of general circulation in the Bay Area and
`Defendants are most likely to receive actual notice in that area. This application is based on the
`complaint on file in this case, the declaration attached to this application and any other evidence
`
`which may be presented at the hearing on this application.
`
`Dated: April 16, 2025 Fee —
`
`RAY ROBINSON, Esq., LL.M
`Attorney for Plaintiff
`Windy R. Cherry
`
`APPLICATION AND DECLARATION OF COUNSEL
`
`Attorney Ray Robinson, on Plaintiff’s behalf, hereby applies for an order authorizing service
`of the summons and complaint on defendants Glen P. Cole, Evans L. Cole, and Jeremy P. Cole
`(collectively, “Defendants”), by publication in the Daily Journal/Bay Area Newsgroup, a newspaper
`of general circulation where Defendants are most likely to receive actual notice. In support of this
`application, counsel makes the following statements of fact, all of which are based on information
`and belief and/or on matters upon which counsel has personal knowledge.
`
`1. I am above 18 years of age and not a party to this action. I am an attorney at law licensed to
`practice in the State of California and am the attorney for Plaintiff. I make this declaration based
`
`upon my own personal knowledge, except as to matters stated on information and belief and as to
`
`2
`
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`oO Oo NIN DWN nO FP WY NO
`
`NO NYO WN NO NY NO N NO NO KY KF YF KF KF SF OSE OU Shr EeShlhlhr
`ao nN NO NW Fe WD NY KH DO OO Oo ND DRO HW BR WY NYO KF OC
`
`those matters; I believe them to be true based upon my investigation of the facts of this case. If called
`
`upon to testify, I could and would testify competently to its contents.
`
`2. A cause of action exists against Defendants upon whom service is to be made.
`
`S. Defendants are a necessary and proper party to this action.
`
`4, Defendants have or claim an interest in the real property at issue in this action and located in
`this state.
`
`5. Defendants and the real property at issue in this action are subject to the jurisdiction of the
`
`court or the relief demanded in this action.
`
`6. Plaintiff is the successor trustee of the Johnny J. and Margie Cherry Trust (“Trust”) and the
`daughter of decedents Johnny J. and Margie Cherry. The real property at issue is located at 19
`Progress Street, San Francisco, California 94124 (the “Property”). The Property is a Trust asset.
`
`re Defendant Delphine Cherry is the former successor co-trustee of the Trust and niece of
`decedent Johnny J. Cherry.
`
`8. Defendants are individuals and alleged beneficiaries of a $60,000 Deed of Trust with
`Assignment of Rents recorded on June 17, 2024 (“Deed of Trust”) against the Property. A true and
`correct copy of the Deed of Trust is attached hereto as Exbibit 1.
`
`9. Clinton Killian is an attorney licensed in the State of California, and the attorney of record for
`Delphine Cherry in other related actions (CUD-21-668280 (“UD Action”); CGC-21-594979 (“Civil
`Action”); and PTR-23-306232 (“Probate Action”)).
`
`10. | Decedents created the Johnny J. and Margie Cherry Trust in January 2012 and named Plaintiff
`as the first successor trustee and 50% beneficiary of the Trust following Decedents’ death.
`
`11. In April 2020, following decedent Margie Cherry’s death, Delphine procured an amendment
`to the Trust removing Plaintiff as the successor trustee and, in her place, naming herself. In May/June
`2020, Delphine moved decedent Johnny Cherry from his home in San Francisco, to live with her in
`Illinois. Once there, Delphine procured another amendment to the Trust completely disinheriting
`Plaintiff and naming herself in Plaintiff's place. Delphine then shipped decedent Johnny Cherry to
`Ohio to live in a nursing facility. Decedent Johnny Cherry died in June 2021.
`
`3
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`oO So HN ND On FF WY NO
`
`NO NO HNO NY NHN NY NO NO NO eH HF KF KF KF SFO Oe Sth Ere he
`oo NN NWN UU FP WD NO FY FS OBO OBO SI WB WOW BP W NYO KF OC
`
`12. Plaintiff filed a civil action (CGC-21-594979) against Delphine on September 9, 2021. On
`October 29, 2021, Delphine filed an unlawful detainer action (CUD-21-668280) seeking to evict
`Plaintiff from the Premises. On September 22, 2021, Plaintiff filed a Trust Contest petition in
`Alameda County Superior Court case RP21-113488 against Delphine, challenging the Trust
`amendments and seeking to have Delphine removed as successor trustee. The Alameda County
`Superior Court later transferred venue of the Trust Contest action to San Francisco. On April 4, 2022,
`the UD court consolidated the unlawful detainer action (CUD-21-668280) with the civil action
`(CGC-21-594979) and issued a stay of the actions pending adjudication of the Probate Action.
`
`13. OnJune 17, 2024, while the Probate Action was pending, Delphine recorded the $60,000
`Deed of Trust against the Premises. During trial in the Probate Action, Delphine testified that the
`money was used to pay mortgage payments for the Premises, but did not provide any proof of it.
`Delphine testified that she did not know who Glen P. Cole, Evans L. Cole, and/or Jeremy P. Cole
`were.
`
`14. The instant action was filed while the Probate Action was in trial. I served Clinton Killian
`with the summons/complaint on December 6, 2024, during Day 2 of trial. Since the Deed of Trust
`reflected Clinton Killian’s office address as the address for Glen P. Cole, Evans L. Cole, and/or
`Jeremy P. Cole, and identified Clinton Killian as the “trustee” of the Deed of Trust, I sub-served a
`copy of the summons/complaint on Clinton Killian on behalf of Glen P. Cole, Evans L. Cole, and
`Jeremy P. Cole.
`
`15. On December 8, 2024, Clinton Killian emailed me indicating that he was not authorized to
`accept service on behalf of Glen P. Cole, Evans L. Cole, and/or Jeremy P. Cole. A true and correct
`copy of the email is attached hereto as Exbibit 2.
`
`16. On January 3, 2025, I was contacted by Attorney Nader Fannyan. Mr. Fannyan was Clinton
`Killian’s former law partner for many years. Mr. Fannyan confirmed that he would be representing
`Clinton Killian. Thereafter, we met and conferred on multiple occasions, each time I requested
`Attorney Fannyan to provide address and/or contact information for Glen P. Cole, Evans L. Cole,
`and/or Jeremy P. Cole. Each time, Mr. Fannyan indicated he would either try to obtain that
`information from Clinton Killian; or obtain consent from Glen P. Cole, Evans L. Cole, and/or Jeremy
`
`4
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`Oo S&S SN DH A FF WO NO —
`
`NHN NO DO NY NY NO NY NO NO YF YF HF FF KF YF FeO Sh She
`Co NT BN ON RR WD NY FH DT CO wo HN HO Hh eRe WD NY KS OS
`
`P. Cole to accept service of process on their behalf. Despite multiple meet/confer telephone calls, Mr.
`Fannyan has yet to provide address information for Glen P. Cole, Evans L. Cole, and/or Jeremy P.
`Cole and has not agreed to accept service of process on their behalf.
`17. On February 21, 2025, the Probate Court issued its proposed statement of decision following
`trial in the Probate Action. Delphine Cherry was removed as successor trustee of the Trust and was
`ordered to provide Plaintiff with financial records in their possession, custody, or control which
`pertain to Trust assets, including any mortgage and/or loan secured by Trust property, within 30 days
`of issuance of the order. To date, Delphine Cherry has not provided anything.
`18. | Concluding Attorney Fannyan was stalling and intentionally not providing address
`information for Glen P. Cole, Evans L. Cole, and/or Jeremy P. Cole, Plaintiff propounded discovery
`on Clinton Killian seeking address, telephone, and email information for Glen P. Cole, Evans L.
`Cole, and/or Jeremy P. Cole. In response to the discovery requests, Clinton Killian asserted
`boilerplate objections on various grounds and indicated: “Responding Party does not currently have
`the requested information.”
`19. Based on the above facts, Plaintiff does not see any other way to serve Glen P. Cole, Evans L.
`Cole, and/or Jeremy P. Cole other than by legal publication. The only persons Plaintiff believes has
`information on how to contact Glen P. Cole, Evans L. Cole, and/or Jeremy P. Cole are Delphine
`Cherry and Clinton Killian. Yet, they are claiming they do not have contact information for them.
`This is strange to me because Delphine Cherry and Clinton Killian arranged for the $60,000 Deed of
`Trust at issue in this action to be recorded in favor of Glen P. Cole, Evans L. Cole, and/or Jeremy P.
`Cole, but assert that they have no information on how to contact them.
`
`I declare under penalty of perjury that the above is true and correct and that this application
`
`was executed on April 16, 2025.
`
`TAY
`
`RAY ROBINSON>ESG., LL.M
`Attorney for Plaintiff
`Windy R. Cherry
`
`5
`
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`MEMORANDUM OF POINTS AND AUTHORITY
`
`Where no provision is made in this chapter or other law for the service of summons, the court
`in which the action is pending may direct that summons be served in a manner which is reasonably
`calculated to give actual notice to the party to be served and that proof of such service be made as
`prescribed by the court. Cal. Civ. Proc. § 413.30 (b) (West 2025). 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: (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; (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. Cal. Civ. Proc. § 415.50 (a)(1), (2) (West 2025).
`
`Here, Defendants cannot with reasonable diligence be served in another manner other than
`legal publication. Despite multiple meet/confer efforts, Attorney Nader Fannyan failed to disclose
`address information for Defendants and has not agreed to accept service on their behalf. Attorney
`Clinton Killian, who is listed as the trustee in the Deed of Trust, has been uncooperative and refused
`to accept service on Defendants’ behalf — even though Mr. Killian’s office address is listed in the
`Deed of Trust as the address for Defendants. Further, a valid cause of action for, among other things,
`cancellation of instrument (related to the Deed of Trust) is asserted in the complaint and Defendants,
`by virtue of recordation of the Deed of Trust, have or claim an interest in the Property, which is
`subject to the jurisdiction of this court.
`
`The court shall order the summons to be published in a named newspaper, published in this
`state, that is most likely to give actual notice to the party to be served. The order shall direct that a
`copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if
`his or her address is ascertained before expiration of the time prescribed for publication of the
`summons. Cal. Civ. Proc. § 415.50 (b) (West 2025).
`
`Here, the Daily Journal/Bay Area Newsgroup is most likely to give actual notice to the party
`to be served.
`
`6
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`
`oO Oo NN OO FF WY NYO =
`
`N NO NO NH NH NHN NY NO HH Fe HF FO FO EO ee ee ele
`> Sk&dom E&oSBe HB Be Ce HR Am kB BPS eS
`
`CONCLUSION
`
`For the foregoing reasons, this application should be granted.
`
`Dated: April 16, 2025 Vik
`
`RAY ROBINSON, Esq., LL.M
`Attorney for Plaintiff
`Windy R. Cherry
`
`7
`
`APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS BY PUBLICATION
`
`
`
`
`
`
`
`
`Exhibit 1
`
`
`
`
`
`
`
`
`zx
`recormcrsauesr=nay: NNN) >=" 2024045 B
`fe
`o
`
`CLINTON KILLIAN _ City and County of San Francisco
`' Joaquin Torres, Assessor — Recorder
`When Recorded Mail to: - 6/17/2024 11:58:07 AM Fees $40.00
`Pages 4 Title 002 PF Taxes $0.00
`Clinton Killian . Customer 001 Other $0.00
`1300 Clay St. Su 600 SB2 Fees $150.00
`Oakland, CA 94612 ' . Paid $190. oo
`
`APN: 4711 -169
`
`DEED OF TRUST WITH ASSIGNMENT OF RENTS
`
`This DEED OF TRUST, made May 13, 2024, between Cherry Trustee, of the Johnny and
`Margie Cherry Revocable Trust, Delphine herein called TRUSTOR whose address is 19
`Progress Street, San Francisco, CA. 94124; and Glen P. Cole as to an undivided 33.33%, Evan
`- L, Cole as to an undivided 33.33%, Jeremy P. Cole as to an undivided 33.33%, on order, at 1300
`Clay St., Su 600 Oakland, CA 94612 herein called BENEFICIARIES; Clinton Killian, herein
`called TRUSTEE,
`
`Witnessed: THAT TRUSTOR IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO
`TRUSTEE IN TRUST, WITH POWER OF SALE that property located in City of San Francisco,
`County of San Francisco, California, described as:
`
`SEE ATTACHED EXHIBIT A
`
`APN: 4711 -169
`Commonly known as 19 Progress Street, San Francisco, CA. 94124
`
`Together with the rents, issues and profits thereof, subject, however, to the right, power and
`authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,
`issues and profits:
`
`For the Purpose of Securing (1) payment of the principal sum of $60, 000 and interest according to
`the terms of a promissory note executed on or about May 13, 2024, or date herewith executed or
`made by Trustor, payable to order of Beneficiaries and extensions or renewals thereof; (2) the
`performance of each agreement of Trustor incorporated by reference or contained herein or reciting
`it is so secured; (3) Payment of additional sums and interest thereon which may hereafter that may
`be due and owing to beneficiaries by Trustor, or his successors or assigns, (4) Payment of all sums
`due and owing to beneficiaries by trustor pursuant to the terms of the note, when evidenced by the
`terms of the promissory note or notes reciting that they are secured by this Deed of Trust.
`
`To protect the security of this Deed of Trust, and with respect to the property above described,
`Trustor expressly makes each and.all of the agreements, and adopts and agrees to perform and be
`bound by each and all of the terms and provisions set forth in subdivision A of that certain
`Fictitious Deed of Trust referenced herein, and it is mutually agreed that all of the provisions set
`forth in subdivision B of that certain Fictitious Deed of Trust
`
`1
`
`
`
`
`
`
`
`
`Recorded in the book and page of Official Records in the office of the county recorder of the
`county where said property is located, noted below opposite the name of such county, namely:
`
`8
`|
`i
`
`CouNTY Door eae County Book PAGE COUNTY BOOK E
`
`PAG. BOOK
`Alaneds re Kings Co) ny Pulser 2028 33 Gera a 197
`Alpine f ) 0-5) Lae a 100 Plas 6 1307 Sickixon Rs mm
`Aasler 133 rd Lam 192 ser Riverside “7 Setmo tat on
`Bate ipo 33 Leshagdes =U on Secrameato § —_-71--10-26 6s Seoema 2067 a
`Calaveras ry a Matern out 16 Sen fignito 6-389 405 Gtanleiens 0 7
`Colusa am mi Sorta 186 m2 Ben Bereardino 6213 1 Setter J aS
`Contra Comm 684 1 Moaripom ” es) San Francisco A-GO4 296 ‘Teboma a 13
`Del Nerte ta Ed Mendocian Cu » Sas Joxquin wa ‘Triality os 3s
`dest 866 Merced 4a 133 San Lois Obiepo 1351 137 Talace 250 m8
`Brows aus) a Modec Poy J San Matec 175 Tustamee i” td
`ad @ 4 Stone @ 2 Senin Barbara 2065 sat Veatara 2657 27
`Mambeldt a1 oS Mocterey =m =~ SastaCarn = 6626 Cd Yo 72 by
`Dopestel 19 ™m Mepa eS 2 San Cres ws or Vubs FT] @3
`tage “a on Nevada 6 w Shasta oe a
`Kern 3786 a Orage ne ty Sas Diego Series $ Book 1964, Page 149774
`
`at length herein, and Beneficiary may charge for a statement regarding the obligation secured
`hereby, provided the charge thereof does not exceed the maximum allowed by laws.
`
`To protect the security of this deed of-trust, the Trustor shall keep the property in good condition
`and repair, not remove or demolish any buildings on the property; complete and restore promptly
`and in good and workmanlike manner, any building that may be constructed, damaged, or
`destroyed on the property; pay when due all claims for labor performed and materials furnished
`for the property; comply with all laws affecting the property are required any alterations or
`
`. improvements to be made to the property; not commit or permit waste of the property, not.
`commit, suffer or permit any act on the property in violation of the law. Trustor shall pay when
`due all taxes, assessments, and other liens on the property.
`
`Trustor shall provide maintain and deliver the beneficiary property insurance showing
`satisfactory to and with loss payable to beneficiary, the amount collected under any fire or other
`insurance policy may be applied by the beneficiary for any indebtedness secured by this deed of
`trust, and in any order determined by beneficiary, or at the option of beneficiary, the entire
`amount so collected or any part of that amount may be released to the trustor. The application or
`
`release shall not cure a wave any default or notice of default under this deed of trust or invalidate .
`
`any act done pursuant to such a notice. The beneficiaries may, at its sole discretion, obtain
`insurance on the property if Trustor fails to do so at Trustor’s expense.
`
`The undersigned Trustee and beneficiaries request that a copy of any notice of default and any
`notice of sale hereunder be mailed to them at their address hereinbefore set forth and to
`beneficiaries to their attorney of record Clinton Killian 1300 Clay St., Suite 600 Oakland, CA
`94612.
`
`past hE //6eUl2y Mfr Aes
`
`Delphine Cherry, Trustee, Jo! and Margie
`Cherry Trust
`
`CERTIFIED COPY |
`
`
`
`
`
`
`
`
`ACKNOWLEDGMENT
`
`A notary public or other officer completing this certificate verifies only the
`_| identity of the individual who signed the document to which this certificate is
`attached, and not the truthfulness, accuracy, or validity of that document.
`
`State of California
`County of Alameda
`
`On May lo, Jp2lf before me, Shen A. Ponce, A (insert name and
`
`title of the officer) personally appeared Le}.0h ie Cherry
`
`who proved to me on the basis of satisfactory evidence to be the person(s) whose
`name(s) is/are subscribed to the within instrument and acknowledged to me that
`he/she/they executed the same in his/her/their authorized capacity(ies), and that by
`
`his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
`of which the person(s) acted, executed the instrument.
`
`CERTIFIED COPY
`
`I certify under PENALTY OF PERJURY under the laws of the State of California .
`
`that the foregoing paragraph is true and correct.
`
`WITNESS my hand-gnd official seal.
`
`(Seal)
`
`
`
`
`
`
`
`
`
`Order No.: 17-559193
`Amend (Version 3 )
`
`Exhibit “A” - Legal Description
`
`The land described herein is situated in the State of California, County of San Francisco, City of San Francisco,
`described as follows:
`
`Lot No. 168, as the same is shown upon that certain map entitled "Map of City View, being a Resubdivision of Lot 5,
`Portion of Assessor's Block 4711, San Francisco, California’, filed in the office of the County Recorder of San
`Francisco County, California on March 22, 1991, in Book Y of Maps, at Pages 52 and 53.
`
`Excepting therefrom any and all right title and Interest the grantor herein has in "Parcel A" (Progress St.), as said
`parcel is shown upon that certain map above referred to, and it is the intention of the partles to this Grant Deed that
`the grantee(s) herein receive no title or ownership to the underlying fee of said "Parcel A”, and sald underlying fee is
`to remain in the grantor for future conveyance to the City and County of San Francisco.
`
`A.P.N. : Lot 168 Block: 4711
`
`Placer Title Company
`iad Policy issuing Agent for Old Republic Nationa! Title insurance Company
`Page 9 7
`
`CERTIFIED COPY
`
`
`
`
`
`
`
`
`CERTIFIED COPY
`
`This Is a true certified copy of the record
`if it bears the seal, imprinted In purple ink
`of the Assessor-Recorder
`
`0 SEU NFS
`
`i oct 02 202 soca TORRES
`
`ASSESSOR - RECORDER
`SAN CALIFORNIA
`
`
`
`
`
`
`
`
`Exhibit 2
`
`
`
`
`
`
`
`
`Ray Robinson, Esq).
`
`From: Clinton Killian <ckillian@killfanniaw.com>
`Sent: Sunday, December 8, 2024 9:19 PM
`
`To: Ray Robinson, Esq.
`
`Subject: Re: Non service of CGC-24-618761
`Categories: Smokeball
`
`| suggest you we read the code regarding personal service of a summons and complaint. You you are informed in
`court that | was not authorized to accept service and now it has been confirmed to you in writing. Any attempted to
`allege a service is both unethical and false and will be handled accordingly. This is the end of the discussion with
`you period
`
`Sincerely,
`
`Clinton Killian
`
`ATTORNEY AT LAW, APC
`
`A full service real estate, business, and probate law firm.
`
`1300 Clay St., Su. 600, Oakland, CA 94612. Telephone: (510) 500-5775.
`
`Email: ckillian@killfanniaw.com
`
`Effective immediately, our law firm name has changed. You may reach Nader
`Fannyan at:
`
`Fannyan Law, APC
`
`A full service real estate, business, and probate law firm.
`
`100 Wilshire Blvd., Suite 700
`
`Santa Monica, CA 90401
`
`Telephone: (310) 750-4656
`
`Email: nader@fannyanlaw.com
`
`NOTICE: THIS EMAIL MAY BE PRIVILEGED ATTORNEY-CLIENT
`COMMUNICATION AND/OR ATTORNEY WORK PRODUCT: This e-mail message,
`including any attachments, is for the sole use of the intended recipient(s), and may contain
`confidential and privileged information. Any unauthorized review, use, disclosure or
`distribution is strictly prohibited. Please destroy any unauthorized receipt.
`
`Also Non clients note: any email sent after business hours will not be viewed or responded to
`until the next business day. This transmission by itself does not constitute the formation of an
`attorney/client relationship. Thank you.
`
`PLEASE TAKE NOTICE THAT, commencing January 4, 2022, and continuing indefinitely, our
`office will be working remotely in isolation and not staffed during the day. It is requested that
`all correspondence and documents be sent to the attorneys electronically by email or other
`services such as Dropbox. We request that any pleadings filed with the court also instruct the
`e-filing service to send it to us electronically as well. If it is necessary for you to mail or deliver
`
`1
`
`
`
`
`
`
`
`
`documents to our office, please send an email and/or telephone message so that we know
`the documents are coming. Please note we will not be in the office to accept the documents
`upon delivery and will strive to obtain them within 2 business days.
`
`We appreciate your consideration and understanding in this matter. Thank you
`
`From: Ray Robinson, Esq. <ray@rayrobinson.attorney>
`Sent: Sunday, December 8, 2024 9:13 PM
`
`To: Clinton Killian <ckillian@killfannlaw.com>
`
`Subject: Re: Non service of CGC-24-618761
`
`The deed of trust refers to you as the trustee and references your address as their address. Thus, you
`were served on their behalf. If they do not respond, | will take a default against them. If you provide me
`with an address for them (other than your address listed on the deed of trust), | will attempt to serve them
`directly.
`
`Kind Regards,
`Ray Robinson, Esq., LL.M
`
`rayrobinson.attorney
`1990 N. California Blvd.
`Suite 830
`
`Walnut Creek, CA 94596
`ray@rayrobinson.attorney
`(925)255-1640 t
`(925)223-5953 f
`
`Sent from my iPhone
`
`On Dec 8, 2024, at 9:03 PM, Clinton Killian <ckillian@killfannlaw.com> wrote:
`
`Mr. Robinson,
`
`this is to confirm my directive to you on Friday December 6th 2024 in department 204 At
`approximately 12:00 PM when you attempted to serve your above reference complaint on me on
`behalf of several other defendants. | explicitly informed you that | was not authorized and
`
`did except service for any defendant save and accept Clinton Killian.
`
`Sincerely,
`
`Clinton Killian
`
`ATTORNEY AT LAW, APC
`
`A full service real estate, business, and probate law firm.
`
`1300 Clay St., Su, 600, Oakland, CA 94612. Telephone: (510) 500-5775.
`
`Email: ckillian@killfanniaw.com
`
`
`
`
`
`
`
`
`
`Effective immediately, our law firm name has changed. You may reach
`Nader Fannyan at:
`
`Fannyan Law, APC
`
`A full service real estate, business, and probate law firm.
`
`100 Wilshire Bivd., Suite 700
`
`Santa Monica, CA 90401
`
`Telephone: (310) 750-4656
`
`Email: nader@fannyanlaw.com
`
`NOTICE: THIS EMAIL MAY BE PRIVILEGED ATTORNEY-CLIENT
`COMMUNICATION AND/OR ATTORNEY WORK PRODUCT: This e-mail
`message, including any attachments, is for the sole use of the intended recipient(s),
`and may contain confidential and privileged information. Any unauthorized
`review, use, disclosure or distribution is strictly prohibited. Please destroy any
`unauthorized receipt.
`
`Also Non clients note: any email sent after business hours will not be viewed or
`responded to until the next business day. This transmission by itself does
`
`not constitute the formation of an attorney/client relationship. Thank you.
`
`PLEASE TAKE NOTICE THAT, commencing January 4, 2022, and continuing
`indefinitely, our office will be working remotely in isolation and not staffed during
`the day. It is requested that all correspondence and documents be sent to the
`attorneys electronically by email or other services such as Dropbox. We request
`that any pleadings filed with the court also instruct the e-filing service to send it
`to us electronically as well. If it is necessary for you to mail or deliver documents
`to our office, please send an email and/or telephone message so that we know
`the documents are coming. Please note we will not be in the office to accept the
`documents upon delivery and will strive to obtain them within 2 business days.
`We appreciate your consideration and understanding in this matter. Thank you
`
`From: Ray Robinson, Esq. <ray@rayrobinson.attorney>
`Sent: Thursday, December 5, 2024 1:10 PM
`
`To: ckillian@killfanniaw.com <ckillian@killfanniaw.com>
`Subject: Notice of Lodging of Original Deposition Transcript
`
`See attached Notice.
`Kind Regards,
`Ray Robinson, Esq., LL.M
`
`rayrobinson.attorney
`1990 N. California Blvd., Suite 830
`
`
`
`
`
`
`
`
`Walnut Creek, CA 94596
`
`ray @rayrobinson.attorney
`925.255.1640 tel | Main Office
`925.388.0735 tel | Moraga Office
`925.223.5953 fax
`
`
`
`
`
`
`
`
`