LA&K dkrol@laklawyers.com Levinson Arshonsky & Kurtz, LLP 15303 Ventura Blvd., Suite 1650 Sherman Oaks, CA 91403 Telephone (818) 382-3434 Facsimile (818) 382-3433 w w wjaklawyers.com OUR FILE NUMBER 2458-002 PROTEST VIA REGULAR MAIL AND FACSIMILE (213) 482-6591 Office of the City Clerk Attn: Clerk of the City Council 200 North Spring Street, Room 395 Los Angeles, CA 90012 January 13, 2017 <=S> 1 c_ V J o IP* 72Z T n_ CD O' IS C 35 * * T;' CD o rv Re: Property Address: 14617 West Round Valley Drive, Los Angeles, CA APN: 2276-036-033 Date of Hearing: January7 25, 2017 Written Protest of Marilynn Gantz To Whom It May Concern: Please be advised that my law firm represents Marilynn Gantz, individually and as Trustee of the Rancho Pacific Trust, in connection with this matter. Ms. Gantz respectfully submits this written protest with respect to the Notice of Hearing dated December 9, 2016 ( Notice of Hearing ) regarding the property known as 14617 West Round Valley Drive, Los Angeles, CA, APN 2276 036-033 (the Property ). Ms. Gantz submits this protest because, contrary to the Notice of Hearing, Ms. Gantz is neither the Property owner nor an interested party in this matter. According to the Property Title Report which is attached to the Notice of Hearing as Exhibit A, Ms. Gantz is listed as an owner, and thus received the Notice of Hearing, because of a Trustee s Deed on Sale which was recorded on September 2, 2008 (the Trustee s Deed on Sale ). Significantly, however, on December 10, 2014, the Los Angeles Superior Court entered a judgment ( Judgment ) which, among other things, canceled that Trustee s Deed on Sale, adjudicated it to be null, void, and illegal, and expressly eliminate[d] any interest held in the [Pjroperty by defendants Marilynn Gantz, individually or as trustee of the Rancho Family Trust [sic], or both, and returning it to Stephen Lillis. The Judgment was recorded in the Los Angeles County Recorder s Office on February 3, 2015, bearing Document No. 20150119745 (see attached Exhibit A). 2458-002/559009.docx
January 13, 2017 Office of the City Clerk Fage 2 Given that the Judgment canceled Ms. Gantz interest in the Property in 2014, and that the cancellation was expressly made retroactive, Ms. Gantz is not the owner of the Property and does not have any right, title, or interest in it. Accordingly, she should not nave received any notice that the City intends to impose a lien against the Property, and no fees whatsoever may be billed to her.1 Please remove Ms. Gantz name from any further proceedings in this matter. All of Ms Gantz rights are respectfully reserved. Very truly yours, Ench DAVID KROL 1 Ms. Gantz did not receive notice of the Substandard Order and Notice of Fee dated July 15, 2015, which is attached to the Notice of Hearing and which is made out solely to Mr. Stephen Lillis. 2458-001/519638.doex
EXHIBIT A
This page is part of your document - DO NOT DISCARD 20150119745 20150119745 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 02/03/15 AT 09:06AM Pages: 0007 FEES : TAXES: OTHER: PAID: 33.00 0.00 0.00 33.00 L E A D S H E E T LEADSHEET 201502030620005 201502030620005 00010133310 006630058 006630058 SEQ: 01 DAR - Counter (Upfront Scan) -A03CVDD0972B02DE5 417179 THIS FORM IS NOT TO BE DUPLICATED
RECORDING REQUESTED BY WHEN RECORDEp MAIL TO name Jon U C. Tt> -*> f ^ mailing^ 2 lv.<? 'P(/L\/ -f)ti - CITY, STATE ZIP CODE LC AL 1ooHl1 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S)
7/ 1 2 3 4 5 6 FILED Superior Court of California County of Los Angeles DEC 10Z014 Sherri R, Carter,'Executive Officej/Clerk R. WOSTfloXoEPUTY 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT STEPHEN LILLIS, vs. Plaintiff, NEW HAVEN FINANCIAL, INC.,. SCOTT R. FINE, LAWRENCE S. RABINIOFF, MARILYNN GANTZ, Individually and as Trustee for RANCHO PACIFIC TRUST, and DOES ONE THROUGH 15, Defendants. Case No. BC 410167 Complaint filed March 20,2009 toe* * l (: 1 0?t Assigned to Hon. Soussan G. Bruguera, Dept. 71 [rnnrnrut] final judgment This action came on regularly for trial on March 19,2014, in Department 71 of the Los Angeles Superior Court, in the Stanley Mosk Courthouse, the Hon. Soussan G. Bruguera, Judge presiding; the plaintiff Stephen Lillis appearing by attorney John C. Toijesen, and the defendants Marilynn Gantz appearing by attorney David Krol. A jury of 12 persons was regularly impaneled and sworn. The case was bifurcated, Witnesses were sworn and testified. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the juiy with directions to return a verdict on special issues. The jury deliberated and on April 29,2014, returned into court with its initial Final Judgment, Lillis v. New Haven, No.BC 410167 Page 1 of 4
verdict finding for the plaintiff Stephen Lillis and against Marilynn Gantz individually and as trustee of the Rancho Family Trust and awarded damages of $488,797.00 for plaintiffs Loss of Equity and $582,500.00 for all Other Damages specified in the instructions, for a total of $1,071,297.00. After hearing additional evidence and argument of counsel, the jury deliberated further and returned a second verdict finding again for the plaintiff Stephen Lillis and against Marilynn Gantz individually and as trustee of the Rancho Family Trust and awarded additional damages of $136,455.00 for Prejudgment Interest, and $300,000.00 in Exemplary Damages. The total monetary damages awarded plaintiff Stephen Lillis by the jury against defendant Marilynn Gantz individually and as trustee of the Rancho Family Trust was $1,507,752.00. The court having heard the evidence and argument of counsel then announced its decision on the claims for Cancellation and to Quieting Title as to the Promissory Note and the Deed of Trust recorded February 2,2007, with recorder s number 20070264602, and the Trustee s Deed upon Sale recorded September 12,2008, with recorder s number 20081645872, each for the property located at 14617 Round Valley Drive, Sherman Oaks, California 91403, having APN 2276-036033, more formally known as: LOT 56 OF TRACT NO. 9427, IN THE CITY OF SHERMAN OAKS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 135, PAGES 39 TO 44 INCLUSIVE OF MAPS, IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY. finding these documents to be altered, null, void and illegal, cancelling each of these documents and Quieting Title as of March 20,2009, all in favor of plaintiff Stephen Lillis and eliminating any interest held in the property by defendants Marilyn Gantz individually or as trustee of the Rancho Family Trust, or both, and returning it to Stephen Lillis. Final Judgment, Lillis v. New Haven, No.BC 410167 Page 2 of 4
Plaintiff Stephen Lillis has elected to keep the recovery of the real property at 14617 Round Valley Drive, Sherman Oaks, California, and agrees to forego the monetary damages for the loss of that property, specifically Loss of Equity in the amount of $488,797.00 and Prejudgment Interest in the sum of $136,455.00, leaving a net monetary recovery of $822,500.00. Plaintiff Stephen Lillis is therefor entitled to receive and judgment is entered in his favor and against defendants Marilyn Gantz individually and as trustee of the Rancho Family Trust, the sum or $882,500.00 plus prejudgment interest from the date of jury verdict on April 30,2014, plus return to plaintiff Lillis of the property at 14617 Round Valley Drive, Sherman Oaks, California and cancellation of all rights claimed therein by defendant Gantz individually and as trustee of the Gantz Family Trust. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that said plaintiff Stephen Lillis have and recover from defendant Marilynn Gantz, individually and as trustee of the Rancho Pacific Trust, the sum of $882,500.00; plus Prejudgment Interest thereon at the rate of ten percent (10%) per annum, from April 30,2014, to the date of entry of this judgment in the sum of $ k 1 ; together with costs and other disbursements and fees in the amount of $ PiAfSlrilrij* ~h>» for a Total Final Judgement of'jrffi/ffl **** ^jwtich stall earn interest at the rate of 10% from the date of entry of judgment until paid in full. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the Promissory Note and the associated Deed of Trust recorded February 2, 2007, with recorder s number 20070264602, and the Trustee's Deed upon Sale recorded September 12,2008, with recorder s number 20081645872, each for the property located at 14617 Round Valley Drive, Sherman Oaks, California 91403, having APN 2276-036033, more 25 26 27 28 formally known as: LOT 56 OF TRACT NO. 9427, IN THE CITY OF SHERMAN OAKS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 135, PAGES 39 TO 44 Final Judgment, Lillis v. New Haven, No.BC 410167 Page 3 of 4
4 1 2 3 4 5 6 7 INCLUSIVE OF MAPS, IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY are declared null, void and illegal, and are hereby Cancelled and of no effect and the court further Quiets Title as of March 20, 2009, to the above described property at 14617 Round Valley Drive, Sherman Oaks, California 91403, all in favor of plaintiff Stephen and extinguishing all claim thereto by defendant Gantz individually and as trustee of the Gantz Family Trust. 8 9 DATED: 10 11 12 13 SUZANNE G. BRUGUERA 14 15 16 17 18 19 20 21 S-* M e >/i 22 23 24 25 26 0 1 27 28 Final Judgment, Lillis v. New Haven, No.BC 410167 Page 4 of 4
I certify teat this i%\ original on file in this office f _ fsj SHERRI R. CARTER, q^trtive I j 'j SupOn<nr ^nuri nt ralunttwi f!r fb & copy of the O.WAD