Law Offices of

Mary L. O'Neill O'NEILL, HUXTABLE & ABELSON A Professional Corporation

LeRoy A. Abelson of counsel

Office of The City Clerk 200 N. Spring Street} Room 395 Los Angeles} CA 90012

Attn: Clerk of the Council

Re: Property: Case#: Hearing Date:

1631 Beverly Boulevard Los Angeles, California 90026-5710

Telephone (213) 202-3910 Facsimile (213) 202-3915

December 30, 2011

WRITTEN PROTEST

5356 S. West Blvd. 406504 January 10, 2012

Richard L. lluxtable 1927-1984

Fra11cis H. O'Neill 1912-1992

Penny Pogue, Administrator of the Estate of Carmen Moore protests the imposition of a lien on the real property commonly known as 5356 S. West Boulevard, Los Angeles, California. Penny Pogue was appointed as administrator of the Estate of Carmen Moore on March 20, 2009. Sh01tly thereafter she placed the property on the market for sale. Sonia Moore, the decedent's other daughter was living in the property.

In April2010 Sonia Moore was served with eviction papers. Nadia Smalley, a person unknown to the family had filed a lawsuit claiming to be the owner of the property, ostensibly by adverse possession. The complaint was unintelligible. Nonetheless, she was successful in having a judgment entered quieting title in her to the West Boulevard property. That Judgment was entered March 29, 2010.

No one had been served with the Summons and Complaint and they were unaware of the Complaint until the eviction papers were served. In fact, the proof of service identified Carmen Moore as a woman and he was a man. Ms. Pogue obtained a Temporary Restraining Order prohibiting Nadia Smalley from taking possession of the property. However, the Sheriffs had placed her in possession at the same morning as the hearing on the temporary restraining order. Consequently, no one was allowed in or on the property after April 28, 2010. A motion to set aside the default judgment against Carmen Moore was filed. Ms. Smalley was successful in continuing the hearing numerous times although the Court did keep the restraining order in place pending those hearings. The matter was heard July 19, 2010 and the default and default judgment were set aside. The Order was recorded November 2010.

Office ofThe City Clerk Written Protest December 30, 2011 Page2

The court set the matter for trial on March 7, 2011. We had tried to get an earlier trial date but Ms. Smalley had told the court that she was not available until March. During this time the property was in limbo. We do not know how Nadia Smalley had changed the address at the Assessors Office. In September 2010 the Assessor was notified to send the tax bills to Penny Pogue.

During this time Nadia Smalley filed a criminal complaint against Sonia Moore alleging that Ms. Moore had threatened her. Ms. Moore was arrested and subsequently released on bail. However, because of this she could not and would not go near the property. The charges were ultimately dismissed in April 2011.

Ms. Smalley also filed a civil harassment action against Ms. Moore which was dismissed. Nadia Smalley filed a criminal complaint against the attorney for estate, Mary L. O'Neill as well as a civil harassment complaint against Ms. O'Neill. No charges were brought and the civil harassment was dismissed.

In December 2010 counsel spoke with Inspector Bruce Todd and explained the situation. Following that conversation he was emailed a copy of the Order for Probate and Letters of Administration appointing Penny Pogue as administrator of the estate. He was advised that there was little that could be done until we obtained clear title to the property and that trial was not set until March 7, 2011.

On January 24,2011 counsel received a call from Inspector McCloud from the Fire Department. Ms. Smalley had filed a complaint alleging that a recent fire at the property was arson and that Ms. O'Neill was responsible. The Fire Department had determined that the fire had been caused by an unintentional transient but Ms. Smalley was insisting on an investigation. Inspector McCloud said that he would ask for proof of ownership of the property before he took further action in the arson investigation. No further action was taken.

We discovered that Nadia Smalley had previously been convicted of filing a false or forged instrument. She had recorded documents and filed a lawsuit against two other parties in 2000. In those cases she claimed that she owned property that belonged to them. She followed the same course of action as she did in the action against Carmen Moore in that she submitted false proofs of service and obtained default judgments. Criminal charges were brought and she was placed on probation. However, she continued to harass the owners of the property. The result of this was that her probation was revoked and she was sentenced to two years in state prison.

The matter was called for trial on March 7, 2011 and Judgment was entered quieting title in the estate. The property was placed on the market for sale. The Judgment Quieting Title was recorded May 6, 2011.

Office of The City Clerk Written Protest December 30, 2011 Page 3

No notices were ever sent to Penny Pogue regarding the City's actions. The City officials have indicated that the notices were sent to Nadia Smalley at 12640 Menlo Avenue, Apt. D, Hawthorne, California 90250. However, Ms. Smalley was not the owner of record. In fact, the default judgment that she had obtained was set aside in July 2010 and that document was recorded in November 2010. As such, Penny Pogue's interest appeared as of record.

Ms. Pogue did not receive any notice of the proceedings. However, the Building Department was aware of her status. Additionally, because of litigation she could not take any action.

For the foregoing reasons we request that the Council not place a lien on the real property.

Respectfully submitted,

MLO:dj Enclosures

INDEX TO EXHIBITS

A. COMPLAINT BY NADIA B. SMALLEY- NOVEMBER 27, 2007

B. LETTERS OF ADMINISTRATION- MARCH 25,2009

C. JUDGMENT- MARCH 29,2010

D. ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT- JULY 29,2010

E. LETTER TO THE OFFICE OF THE ASSESSOR- SEPTEMBER 13,2010

F. JUDGMENT QUIETING TITLE-MAY 6, 2011

\ ,_ '

., i.e IN f'Offi-;\A PAJJf"EPJS (ORe~)

OP!t:IER DATED MOUNT RECOVERA_k_,-_E_P_U-R&-'U_A_N_T_--1

ro66511.sGC·$ . .., PLUS A ONE TIME ADMINrSTAATlVE FS:: UPON Jllt>1 ~1-,/'·'·'' It= THE Ao$.fl"iY ~A JUOOMEW CAeOI'fOR.

~ORNEY OR PARTY WlTHOUT ATTORN~Y (Na f', State Bar number, and address):

N{J,C>f~ B- :5 ~ r '2.>~ lu rZ.5 ·t· a vtl. ) :;> Lfl-c c P... ~ q ot ~: ~

TE;LE;PHONE NO: FAX NO. (Op/ionoQ'

E-MAil ADDRESS (Op~onal):

ATTORNEY FOR (Narre):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS: .-.• ;."; H!"~\;H::t..t::S bU~i:::t-\IOR COURT MA!UNGADDRSSS: :'I i NORTH HILL STREET .

CllY AND ZIP CODE: ~">QQ12 n:::; ;~1\!GF.U:S CA n BRANCH NAME:

PlAINTIFF:

DEFENDANT: fV'.--S, . C tl--i't¥~·-\..

~ DOES 1 TO \,.0 t "'- e-~S,_ .:-e._ COMPLAINT-Personal Injury, Property Damage, Wrongful Death

0 AMENDED (Number): Type (check all that apply): 0 MOTOR VEHICLE CJ OTHER (specify):

~Property Damage 0 Wrongful Death -t::J Personal Injury l;ZJ Other Damages (specify): A-S~ •{- ~

FOR COUFI.T USE! ONLY

Jurisdiction (check all that apply): CASE NUMBEI'l:

c:::J ACTION IS A LIMITED CIVIL CASE \. Amount demanded D does not exceed $10,000

D exceeds $10,000, but does not exceed $25,000 00 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000}

'\ CJ ACTION IS REClASSIFIED by this amended complaint

\, D from limited to unlimited 0 from unlimited to limited

\ ...,.._ 1. Pia intiff (name or names) 1J ~l<-t:'- l~ • '6V'--"-OI-~JL.tfi.J alleges causes of action against defendant (name or names): I

"-: 2. This pleading, including attachmf;l'nts and exhibits, consists of the following number of pages:

r3C381781

.. , ·:q__ Each plaintiff named above is a competent adult · ·\ ·'t._a. D except plaintiff (name):

· ~-; {1) D a corporation qualified to do business in California .. :j,. ;~ (2) 0 an unincorporated entity 'describe): ;·~ ;-....... I'

'5Jt (3) D a public entity (describe):

·~~ G\. (4) D a minor D an adult ~ ~. (a) D fur whom a guardian or conservator of the estate or a guardian ad litem has been appointed

11_, ~ (b) D other (specify): tJ' ~ (5) D other (specifY): -t? 0---. :_~q__J except plaintiff (namr;J):

(1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): {3} D a public entity (dliJscribe): {4} D a minor 0 an adult

(a} D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) CJ other (specify):

(5) D other (SpliJcify):

I ~-~I Information about additional plaintiffs who are not competent adults is shown in Attachment 3.

FoJ:~l::~~~:J&~:~~oo COMPLAINT-Personal Injury, Property rLD-PI-OOl !Rev. """""'Y t, 2007J Damage, Wrongful Death

cooe or Civil Pmoo<lum. s 425.12 MV"rV.COttrt'info.ce.gov

EXHIBIT A

-f

PLD·PI-001

SHORT TITLE: 5 ~Q.-(.. -vs- CASE NUMa<:R:

4. ~ Plaintiff (name): fJ ~ ~#-...- G> · S.~ is doing business under the fictitious name (specify):

and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person

a. 0 except defendant (name): c. D except defendant (name): (1) D a business organization, form unknown (2) D a corporation

(1) D a business organization, form unknown (2} D a corporation

(3) D an unincorporated entity (describe): (3} 0 an unincorporated entity (describe):

{4) D a public entity (describe): (4) D a public entity (describe):

(5} D other (specify): {5} D other (specffy):

b. 0 except defendant (name): d. 0 except defendant (name): (1) CJ a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe):

{4) D a public entity (describe):

{5) D other (specify):

(1) D a business organization. form unknown (2) D a corporation (3) D an unincorporated entity (describe):

{4} D a public entity (describe):

{5) D other (specify):

D Information about additional defendants who are not natural persons is contained in Attachment 5.

6. The true names of defendants sued as Does are unknown to plaintiff.

a. 0 Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment.

b. CJ Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff.

7. D Defendants who are joined under Code of Civil Procedure section 382 are (names):

8. This court is the proper court because a. 0 at least one defendant now resides in its jurisdictional area. b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. D injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify):

9. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complyir)g because (specify):

PL.O-F'I-()~1 [Rev. Je~ual)' I, 2007)

'· .,..i:l

COMPLAINT-Personal Injury, Property Damage, Wrongful Death

•• ~ ... •• r.­. ,· ~

... .

PLD-PI-001 CASE NUMSER:

10. The following causes of action are attached and the statements above apply to each (eacll complaint must have one or more causes of action attached): a. D Motor Vehicle b. CJ General Negligence c. CJ Intentional Tort d. 0 Products Liability e. CJ Premises Liability f. C{Cl Other (specify):

e.cJVVWVV~~ -~ ~r-v-JL ~~ ~-~ tfJU-t'-

~ ~~- ~~ 0--rv- o-:f. ~ 12. 0 The damages claimed for wrongful death and the relationships of pl01intiff to the decea)>ed are 0

a. CJ listed in Attachment 12.

b. CJ as follows:

13. The relief sought in this complairrt is within the jurisdiction of this court. ~ •· .to {:~~~~<; ~~~ .. fl~(-1-

14. P"'""l J fo' j"dgmem 'g, <OS!$ of su;r, fo"""' "'"''"" '' fak, j"J:aod eq"ftab~; aod "" ~ 1'1-:, 'j' a. (1) rompensatory damages v ji' AbtJ:;,v e. hHf~

(2) · punitive damages The amovnt of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) CJ according to proof (2) D in the amount of: $

15. ~The paragraphs ofthis complaint alleged on information and belief are as follows (specify paragraph numbers):

-~ ) ~-.'

Date~1,

:: tJ ~~~::-~~ !:._~ ____ ./V'-___:::::.__~~:..2:::::=::::::::::._-t----PLD-PI-0t [Rev . .mnuary 1. toon COMPLAINT-Personallnjury, Property Pago s or3

Damage, Wrongful Death

------------------------------- ---- .. - .....

SHORT TITLE:

smal~ ·~ \}<; ., Wto~-

CAUSE OF ACTION-General Negligence Page I -t (number)

ATIACHMENTTO c:)ll Complaint CJ Cross-Complaint

(Use a separate caus/or ;ction fonn for each cause of action.)

GN-1. Plaintiff (name): N ~~JL, Ct:'--- 15 ~ alleges that defendant (name):

96- Does {- I D to fj,.j <t-~ :::::>< ~ was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 1} - t-J ~ 0 Y T ('rl'r/._ ~.v..._ at (place): 5 35& . 0..),--S-/- 1!/ v cfJ. LA I c A (description of reasons for liability):

FOJmJippi'Dved for Optional Use Ju<i(eial C~uo<SI of Califom1a

PLD·PI~01(2) [Rav. January 1, 2007) CAUSE OF ACTION-..General Negligence

E~ ~~ J· s- 3 E:G.t 'j

?60'/'t

COlle of Civ\1 Pro<;<;dull) 425.12 www.coortiflfo.ca.g<>v

CD-100

_ PLAINTIFF: N A.!) l ~ f~ ' ~ ~ CASE NUMBE:R;

DEFENDANT:'t'V\<;, V~ Q.~ ~~

5. A showing that the claimed properly is wrongfully detained by defendant, of how the defendant came into possession of the claimed property, and, according to Plaintiff's best knowledge, information, and belief, of the reason for the defendant's detention of the claimed property, is made - in the verified complaint. D ln the attached declaration. 0 as follows (specify);

-~

6. To Plaintiffs best knowledge, informa!lon, and belief the claimed property or some part of it is located as stated

.. in the verified complaint. D in the attached declaration. D as follows (specify):

(Include in this statement whether any pari of the claimed properly is within a private pface that may have to be entered to take possession. If so, complete item 7.)

7 . .mJ Facts showing probable cause for belief that the claimed property or some part of it is located in the private place referred to

in item 6 are specified !BI in the verified complaint. CJ in the attached declaration. 0 as follows:

8. The claimed property has not been taken for a tax, assessment, or fine, pursuant to statute, and (check one):

a. ,Jilii has not been seized under an execution against the plaintiffs property. b. c:J has been seized under an execution against the plaintiffs property, but is exempt from such seizure under

(code section):

9. D This action is subject to the D Unruh Ret<~illnstallment Sales Act {Civ. Code, §§ 1801-1812.10};

0 Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, §§ 2981-2984.4).

Facts showing that this is the proper court are specified in the fil] verified complaint. 0 attached declaration.

10. Total number of pages attached: ...Q__

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Da}ed:

::~ N+<bL ~ f>~ S~-~ H [TYPE OR PRINT NI\ME) ~

C0·r0 [R&Y. JOOYIU)' 1. 2006)

H .. ~

APPLICATION FOR WRIT OF POSSESSION (Claim and Delivery)

MC-031

r- PLAINTIFF/PETITIONER: t-.1 {,~......._ (l, · %\ _.SO ,., ( CASE NUMBER:

DEFENDANT/RESPON.DENT: \V'S c_ ~~ p. ~ lfiA-c:N.J~

DECLARATION

(This form must be attached to another form or court paper before It can be filed in court.)

l·~ h ¥J­

+L. i?-'~ "'*· , 5 '!, r~ ~~ s.~) ~~~

5

A-{1~~

~ ~-~~ X­~~~ ~ OJ\ c,v(r--Q._

I declare under penalty of perjury under the laws of the State of California that ihe foregoing is true and correct.

Date:

Form'Approvod forOJ)lionot l!.s<> J'!f.liciol CQU(Idlo! Califoml~ 11T031 [Rov. J"1Y 1, 2005]

'

~- ~ ~~~'""'~~-~ ----.._

0 Attorney for ~ Plaintiff D Petitioner 0 Defendant

0 Respondent 0 Other (Specify):

ATTACHED DECLARATION Pogo 1 o! l

Amorie'<ll1 Log>1No\, lntr .. wv.w.USC<>uriForti\S.oom

~ \. ~·... I ~

/~NEY ()'R'PAP-TY WrttlOl;T ATTORNEY (Name, sial~ number, and address): TELEPHONE AND FAX NOS.: FOR COURT USS ONLY

_MARY L. O'NEILL ESO., #102109 (213) 202-3910 O'NEILL, HUXTABLE & ABELSON, A Professional Corporation ( ~Oi"<JFORMED COPI' 1631 BEVERLY BLVD., LOS ANGELES, CA 90026 OJF ORIGHl'{Al.~ JFILEn

ATTORNEY FOR (Name) PENNY POGUE Lo~ · Angeles Superior Cou ct SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

STREET ADDRESS: 111 N. HILL STREET MAR 2 5 2009 MAILING ADDRESS:

CITY AND ZIP CODE: LOS ANGELES, CA 90012 Joh ~ A. Clarke, Executive Officer/Cier!< BRANCH NAME: CENTRAL

~~ld4~_:t'?-=-, Deputy ESTATE OF (Name): By CARMEN RAY MOORE

DECEDENT V""M.ZENAROSA

CASE NUMBER: LETTERS D TESTAMENTARY [}[] OF ADMINISTRATION BP114769 CJ OF ADMINISTRATION WITH WILL ANNEXED 0 SPECIAL ADMINISTRATION

LETTERS 1. 0 The last will of the decedent named above having

been proved, the court appoints (name):

a. D executor. b. D administrator with will annexed.

2. [X] The court appoints (name): PENNY POGUE a. [X] administrator of the decedent's estate. b. D special administrator of decedent's estate

(1) D with the special powers specified in the Order for Probate.

(2) D with the powers of a general

administrator. (3) D letters will expire on (date):

3. [J[j The personal representative is authorized to administer the estate under the Independent Administration of Estates Act ITJ with full authority D with limited authority (no authority, without court supervision, to (1) sell or exchange rea! property or (2) grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property).

4. D The personal representative is not authorized to take possession of money or any other property without a specific court order.

WITNESS, clerk of the court, with seal of the court affixed.

(SEAL) Date:

Clerk, by John A. Clarke

(DEPUTY)

AFFIRMATION 1. CJ PUBLIC ADMINISTRATOR: No affirmation required

(Prob. Code, § 7621 (c)).

2. [J[l INDIVIDUAL: I solemnly affirm that l will perform the duties of personal representative according to law.

3. 0 INSTITUTIONAL FIDUCIARY (name):

I solemnly affirm that the institution will perform the duties of personal representative according to law. I make this affirmation for myself as an individual and on behalf of the institution as an officer. (Name and title):

4. Executed on (date): ·:3/ t:./CJZ9C:Hj at (place): (&/IC4J/r6e.

~~~ CERTIFICATION

, California.

I certify that this document is a correct copy of the original on flle in my office and the letters issued the personal representa­

tive appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.

(SEAL) Date:

Clerk, by

(DEPUTY)

Form Approved by the Judicial Council of California

DE-150 (Rev. January 1,19981

LETTERS (Probate)

Probate Code§§ 1001, 8403, 8405, 8544 854 5;

C<Xie of Civil Procedure, § 2015.6

Judicial Council Forms for HotDoc/" EXH!til f :J3 .

R I/[_ .

. .. :\. JUD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (/Vaml>, $/ai&Mttrumocr, ~nd~drlre~s): ~t u FOR COURT USE ONLY NADIA B. SMALLEY ,.

-5356 WEST BLVD. f

LOS ANGELES, CA 90098 ' .FILED LC TElEPHONE NO.: FAX NO. (!)pHonal}: S ANGELES SDPERlOR

E-MAIL ADDRESS (Opliona!): (. CO!JRr ATTORNEY fOR (Nam&): NADIA B. SMALLEY, PLAINTIFF

SUPERlOR COURT OF CALIFORNIA, COUNTY OF LOS ~w:~~E D MAR 29 2010 STREE:l" ADDRESS: 111 N. HILL STREET . ~ .. s "'"' ' . MA!Ur-IGAODRESS: SAME

\'\~R z. 3 2.010 JOHN Am_Cl.ERK C\T'fANOZIPCODE: LOS ANGELES 90012

BAANCHNAME: CIVIL .-. -n~~ AI; BY D. , DEPUTY PLAINTIFF: NADIA B. SMALLEY l-1'-' ••

DEFENDANT: CARMEN R. MOORE JUDGMENT CASE NUMBER:

D By Clerk [K] By Default D After Court Trial []] By Court D On Stipulation D Defendant Did Not BC 381781

Appear at Trial

JUDGMENT 1. EXJ BY DEFAULT

a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the com plaint or appear and defend the action with in the time allowed by law. c. Defendant'~ default was entered by the clerk upon plaintiff's application. d. D Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract orjudgment of a court of

· this state for the recovery of money.

e. [J[] CourtJudgment(~deCiv. Proc., §585{b}}. The court considered (1) 00 plaintiffs tesHmony and other evidence. (2} 0 plaintiffs written declaration (Code Civ. Ptoc., § 585(d)}.

2. 0 ONSTIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated

judgment and b. D the signed written stipulation was filed in the case.

c. D the stipulation was stated in open court D the stipulation was stated on the record.

s. D AFTER COURT TRIAL. The jury was waived. The court considered the evidence.

a. The case was tried on (date and time): before (name of judicial officer):

b. Appearances by:

D Plaintiff (name each): D Plaintiffs attorney (name each):

(1) {1)

(2) (2)

D Continued on Attachment 3b.

0 Defendant (name each): D Defendant's attorney (name each):

(1) (1)

(2) (2) 0 Continued on Attachment 31>.

c. D Defendant did not appear at trial. Defendant was properly served with notice of trial.

d. D A statement of decision (Code Civ. Proc., § 632) 0 was not 0 was requested.

Form ApproVI)(I fot Optional Usa Judicial Council ofCa!ilomia

JU0.100 [New Janua!}' 1, 200l) JUDGMENT cooe ofCI~l Pro<;edura, §§58$, 004.6.

/,exisNexis® Automated California Judicial Cotmd/ Forms

EXHIBIT C.

1- PLAINTIFF: NADIA B. SMALLEY

DEFENDANT: CARMEN R. MOORE ~

CASe NUM8ER:

BC 381781

JUDGMENT IS ENTERED AS FOLLOWS BY: Q[l THECOURT D THECLERK

4_ D Stipulated Judgment. Judgment is entered according to the stipulation of the parties.

5. Parties. Judgment is

a. IJ[J forplaintiff(nameeach): c. D forcross-complainant(name each):

NADIA B. SMALLEY and against defendant (names):

CARMEN R. MOORE

D Continued on Attachment 5a.

b. D for defendant (name each):

6. Amount.·

a. 0 Defendant named in item 5a above must pay plaintiff on the complaint

(1) D Damages $ (2) D Prejudgment $

interest at the annual rate of %

(3) D Attorney fees $

{4) D Costs $

(5) D Other (specify): $

(6) TOTAL $

b. 0 Plaintiff to receive nothing from defendant named !n Item 5b.

and against cross-defendant (name each):

0 Continued on Attachment 5c.

d. 0 for cross-defendant (name each):

c. D Cross-defendant named in item 5c above must pay cross-complainantonthecross-complaint

{1) D Damages $ (2) D Prejudgment $

interest at the annual rate of %

(3} D Attorney fees $

(4) D Costs $

(5) D Other (specify): $

{6} TOTAL $

d. D Cross-complainant to receive nothing from cross-defendant named in item 5d.

0 Defendant named in item 5b to recover costs $ ·

0 Cross-defendant named in item 5d to recover costs$

D ancl attorney tees $ 0 and attorney fees $

[X]~&~···.·· ~'fi!1m--~~~) JUDICIAL OFl'lCE.R

... Date:

Date; D Clerk, by __________ __.:. ____ , Deputy

CLERK'S CERTIFICATE (Optionalj

I certify that this is a true copy of the original judgment on file in the court.

Date:

Clerk, by -----------------'Deputy

JUI:HOO[New Janu;cy1, 2002) JUDGMENT LexisNexis® AJttomated California JudicifJl Council Forms

Attachments

Attachment 7

(1) Plaintiff is the fee simple owner of all right, title, and interest in and to the described real property located at 5356 West Blvd., Los Angeles, California 90098; (2) Defendants do not have any right, title, estate, or interest in or lien on the described real property located at 5356 West Blvd .• Los Angeles, California 90098; (3) Title shan be issued.a.CC.o\' d1' ~ ly .

A . This page is part of your document- DO NOT DISCARD

20101657121 11111111111111111 ~II IIIII IIIII IIIII I~ 11~111111111~ Ill! 1111 p~8~:=

Recorded/Filed in Official Records Recorder's Office, Los Angeles County,

. Califorl)ia

11/17/10 AT 11:02AM

LEADSHEET

11111111111111111111111111111111111111111111 201011170050077

00003283957

I Ill~/ fl/1/li/Jilllll/l/lf /llll/1111 ~Ill Jfii/11/IJII 002993359

SEQ: 01

DAR - Mail ·(Ha~d Copy)

IIJIIII JIIJIIJJIIJ Ill~ I ill J~IIJ IIIII IIIII ~~ lllllllllllllllllllll JIJJ lllllllllllllllll II~ I Ill II II IIIIIIIIJI!II ~lllllllll!f/1111 llllllllf!IIIIIIIIIIIIJII/11111 filii Jlllllll~ llllllllllllllllllllll

THIS FORM IS NOT TO BE DUPLICATED

FEES: 24.00

TAXES: 0.00

OTHER: 0.00

PAID: 24.00

A EXHIBIT .:0

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

O'Neill Huxtable & Abelson, APC 1631 Beverly Blvd. Los Angeles, CA 90026

APN 5007-002-012

ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT

1. MARY L. o~NEILL, ESQ. (Bar N2 102109) O'NEILL, HUXTABLE & ABELSON

2 A Professional Corporation I 631 Beverly Blvd.

3 Los Angeles, CA 90026

_, Los ANo,E{LEJ)

SUPJJRJoR. couR_y

rf:" JUL 2 9 2010 4 Tel. No. (213) 202-391 0 .sOHN AmKE CLERK

Fax No. (213) 202-3915 ' 5 BY O, DEPUTY

Attorneys for Penny Pogue, Administrator of the Estate of Carmen R. Moore ' 6

RECEKVED 7

8

9

10

JUL 2 3 2010

DEPt45 SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES, CENTRAL

II NADIA B. SMALLEY, ~ CASE NO. BC381781

12 Plaintiffs, v.

CARMEN R. MOORE,

) ) ) ) )

13

14

15

16

_______________ o_e£_e_nd_a_n_t _________ ~

Case Assigned to Hon. Mel Red Recana Dept. 45

ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT

DATE: TIME: DEPT.:

07/19/2010 8:35A.M. 45

17 The Motion of defendant, Penny Pogue administrator of the Estate of Carmen R. Moore to Set

18 Aside the Default entered August 27, 2008 and the Default Judgment entered March 29, 2010 came on

19 regularly for hearing on July 19, 2010 at 8:35a.m. in Dept. 45 of the above entitled court, the Honorable

20 MeJ Red Recanna, judge presiding. Defendant, Penny Pogue, Administrator of The Estate ofCannen

21 R. Moore appeared through her attorney of record, O'Neill Huxtable & Abelson, APC by Mary L.

22 O'Neill. Nadia B. Smalley checked in, was provided a copy of the Tentative Ruling and left.

23 The court, having considered the Motion and O~position thereto hereby grants the Motion to Set

24 Aside the Default entered August 27, 2008 and the Default Judgment· entered March 29, 20 l 0. The " .

25 proposed Answer of Carmen R.,Moore is deemed answered and

26 IT IS SO ORDERED.

27 DATE: __ JU_l_2_·9-=201lJ=--

1 ORDER SETTING ASIDE DEFAULT AND DEFAULT .JUDGMENT

Mary L. O'Neill

LeRoy A. Abelson of counsel

Law Offices of O'NEILL, HUXTABLE & ABELSON

A Professional Corporation 1631 Beverly Boulevard

Los Angeles, California 90026-5710 Telephone (213) 202-3910 Facsimile (213) 202-3915

September 13, 20 1 0

Richard L. Huxtable 1927-1984

Francis H. O'Neill 1912-1992

------'Coun:ty-o:f-Los.Angeles-. ____ -----~~~~~~-~~=~~~~~=~---~---------- -'~--- __________ ~

Office of the Assessor 500 West Temple Street, Room 205 Los Angeles, CA 90012-2770

Los Angeles County Treasurer and Tax Collector Kenneth Hahn Hall of Administration 500 West Temple Street Los Arigeles, CA 90012

Re: 5356 West Boulevard, Los Angeles, CA APN 5007-002-012

Gentlemen:

We represent Penny Pogue, the personal administrator of the Estate of Carmen Moore. Mr. Moore died owning the above referenced real property. It has just come to our attention that you have been sending the tax bills to Nadia B. Smalley, 1264 Menlo Avenue, Apt. D, Hawthorne, Califomia 90250. Ms. Smalley is not the owner of the property and the tax bill should not be sent to her. Ms. Smalley had obtained ajudgment.purporting to quiet title in her. However, that judgment was set aside. I am including a copy of that order.

Please correct your records to show Penily Pogue, Administratimi ofthe Estate of Carmen Moore, 1127 East Avenue J, #201, Lancaster, CA 93534 and have the tax bills mailed to her.

If you have any questions, please contact me.

Cordially,

MLO:dj Enclosure C:\Uscrs\DO!)'$\DOCllments\Ciients.IPROBATE\P~gue~Mx;~-rc\Assessor .. T.:l:.: CoUcc1'Clr-l.wpd

\ EXHIBiT /£'

' ' RECORDING REQOESTCD RY AND WflEN RECORDED MAIL TO: . O'Neill Huxtable & Abelson, APC 1631 Bever1y BJvd. Los Angeles, CA 90026

JUDGMENT QUIETING TiTLE

EXHIBIT E

~~ ~~ Jll!

r~ j,-1

1 MARYL.O'NEILL,ESQ. (BarN!'! 102109) O'NEILL, HUXTABLE & ABELSON, APC

2 1631 Beverly Blvd. .r CANa!ILED . S SUPERIOR COURT Los Angeles, CA 90026

3 TeL No. (213) 202-3910

4 Fax No. (213) 202-3915 Ci/ l1AR 2 2 2011

5 Attorneys for Defendant, Penny Pogue ,Qfif<J A. ef-A~Ke;.._CLE'AK

8Y D. Pi1(~PUTY 6

7

8

9

10

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES, CENTRAL

ll NADIA B. SMALLEY, ) CASE NO. BC381781

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiffs, v.

CARMEN R. MOORE,

Defendant.

l ) ) ) ) )

Case Assigned to Hon, Mel Red Recana Dept. 45

JUDGMENT QUIETING TITLE

TRIAL DATE: TIME: DEPT.:

03/07/2011 9:00A.M. 45

The above referenced matter came on for trial on March 7, 2011 at 9:00am. in Dept. 45 of the

above entitled court, the Honorable Mel Red R.ecana, judge presiding. Plaintiff, Nadia B. Smalley

appeared personally. Defendant, Penny Pogue, Administrator of The Estate of Carmen R. Moore

appeared personally and through her attorney of record, O'Neill Huxtable & Abelson, APC by Mary L.

O'Neill.

The court having previously granted a Motion for Evidentiary Sanctions against plaintiff Nadia

B. Smalley for failure to comply with a discovery order and plaintiff Nadia B. Smalley having no further

evidence or testimony to present, judgment is entered in favor of defendant Penny Pogue, Administrator

of The Estate of Cannen R. Moore.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the real property conunonly

known as 5356 West Boulevard, Los Angeles, California 90043 and lega1ly described as Los Angeles

County, California, Lot 705, Tract 911, as per map recorded in Book 16, Page(s) 188, of Maps in the

1 JUDGMENT QUIETING TITLE

/

IS) •:.l

' IN ,~:~

~~ l-1

4 1 office of the county recorder of said county; APN 5007~002-012 is quieted in the name of the Estate of

2 Cannen R. Moore by Penny Pogue, administrator of the Estate of Cannen R. Moore.

3 Defendant to recover costs in the amount of$

4 IT IS SO ORDERED.

5

6 DATE:

7

8

9

lO

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

MAR 2 2 lOll

c \!Jotmlloc;~-CI""u\I'I\Oa,\TI;>Pog'llO'MOOO<\l<u!~"'l"pd

By:

2 JUDGMENT QUIETING TITLE