LAWOFFICES OF BESTAEST 8 RRIEGERLLP 2egs © SUAST, ROAD, SUITE 400 “Gian, CALFORNIASTTC? wane 10 iW RICHARD T. EGGER, Bar No. 162581 richard.cgger@bbklaw.com LAUREN M. STRICKROTH, Bat No. 252700 Jauren strickroth@bbklaw.com | BEST BEST & KRIEGER LLP 2855 F, Gust Road, Suite 400 mtario, California 917 a Telephone: (909) 989-8584 couron nel oe Facsimile; (909) 944-1441 supe te Wraee JERRY R. DAGRELLA, Bar No, 219948 ingrella@lawyer.com OCT 05 2015 DAGRELLA LAW BIRM, PLC Shen R. Garter, Exenuine cerClerk 11801 Pierce Street, 2nd Floor a Riverside, CA 92505 By Stephen M. Smythe, Deputy ‘Telephone: (951) 710-3043 Facsimile: (951) 344-8372 Attomeys for Defendants MISCHELYNN SCARLATELLI, an individual and beneficiary of the ISOM FAMILY TRUST dated December 28, 2004; MISCHELYNN SCARLATELLL, as successor trustee and beneficiary of the ISOM FAMILY TRUST dated October 10, 2013 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES OM, an individual, co-trustee | Case No. BCS74246 and beneficiary, Judge: Hon, Teresa Sanchez-Gordon Plaintift, [PROPOSHD{ORDER GRANTING DEFENDANTS? MOTION FOR. y SANCTIONS AGAINST PLAINTIFF DARCIS. ISOM AND HER ATTORNEY MISCHELYNN SCARLATELLI, an RANDY C, WHALEY AND WHALEY individual and beneficiary of the ISOM LAW FIRM PURSUANT TO CODE OF FAMILY TRUST dated December 28, CIVIL PROCEDURE SECTION 128.7 2004; MISCHELYNN SCARLATELLI, as successor trustee and beneficiary of the September 24, 2015 ISOM FAMILY TRUST dated October 10, 9:00 a.m, 2013, and successor trustee for SHIRLEY D7 ISOM, seitlor and trustee of the ISOM FAMILY TRUST dated October 10, 2013; SHIRLEY ISOM, settlor and trustee of the | Complaint filed: March 3, 2015 ISOM FAMILY TRUST dated December 28, 2004 and settlor and trustee of the ISOM FAMILY TRUST dated October 10, 2013 and DOES 1-25, inclusive, Teresa Sanchez-Gordon Defendants. [PROPOSED] ORDER GRANTING MOTION FOR CODE OF CIVIL, PROCEDURE § 1287 ‘SANCTIONS —"ONTARIO. CALIFORNIA 91701 wk Bw waa 16 (PROPC DL ORDER Defendants’ Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7 was ] heard on September 24, 2015 at 9:00 a.m. Plaintiff Darei Isom appeared in pro per. Jemty R.| Dagrella of Dagrella Law Firm, PLC appeared on behalf of Defendants. Peter M. Bochnowich appeared on behalf of interested parties Vietoria Jo Isom and Cameron Troy Isom. Having heard oral argument and read and considered all of the papers submitted in| connection with the Motion, the Court finds as follows: 1, ‘The Complaint was filed on March 3, 2015 by Plaintiff Darei Isom, represented by | her attorney Randy C. Whaley and Whaley Law Firm, In the Complaint, Plaintiff alleges that Defendant used dominance, undue influence, oppression and threat of harm to foree Troy Isom to execute the Isom Family Trust dated October 10, 2013 during a time that Mr. Isom lacked the mental capacity to understand the document and the consequences of his actions. 2. On March 23, 2015, Defendant served Plaintiff with a motion for sanctions under Code of Civit Procedure section 128.7, A motion for sanctions under Section 128.7 cannot be filed until 21 days after it has been served. During this time, Plaintiff has the opportunity to ) withdraw the complaint and avoid sanctions, Defendants strictly complied with the safe harbor provisions of Section 128.7(@)(1) by serving the motion on March 23, 2015 and filing it more than 21 days Jater on April 15, 2015. Plaintif? made a deliberate choice not to withdraw the Complaint during the safe harbor period. 3. By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney is certifying that to the best of the person's knowledge, information, and belief, formed after an | \ inquiry reasonable under the circumstances that the pleading is not being presented primarily for | ain itmproper purpose, such as to harass or fo eause unnecessary delay or needless increase in the cost of litigation, and that the claims, defenses, and other legal contentions therein are warranted by existing Jaw or by @ nonftivolous argument for the extension, modification, oF reversal of existing law or the establishment of new law. (CCP 128.7(0)(1}42).) The attorney or party presenting a pleading or other paper to the court certifies that, 1o the best of that person's WiDER GRANTING MOTION FOR CODE OF CIVIL PROCEDURE § 1287 SANCTIONSSRTRRIO, CALFORNIA 01701 LAWOFFICES OF BESTBEST & KRIEGER LLP ads € QUASH ROAD, SUITE 400 awh un knowledge and belief “formed afler an inguiry reasonable under the circumstances,” the | allegations and other fuctual contentions have evidentiary suppor or, “if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.” (CCP 128.7(b)3).) 4. The Court finds that Defendant’s Motion for Sanctions presents abundant evidence that proves the allegations in Plaintiff's Complaint are lacking in evidentiary support and are not | likely to have evidentiary support after a reasonable opportunity for further investigation or) discovery, and further that Plaintiff's Complaint was presented for an improper purpose. Defendant's Motion consists of 20 declarations, including three from Mr. Isom’s doctors, another three from Mr. Isoms* lawyers, and over a dozen from Mr, Isom's family and closest friends. The Court finds there is abundant evidence proving the following: a. Troy Isom was in full possession of his mental faculties when he exeeuted the Isom Family Trust dated Ootober 10, 2013. (See Declaration of Manjusha Gupta, M.D.,§ 25) Declaration of David Patterson, M.D., $f 2-3; Declaration of Elmer Pineda, M.D., 2; see also, Declaration of Lynn Isom, 4¥ 3, 6; Declaration of Seth Boldman, $f 3. 7; Declaration of Melanie Boldman, $¥ 2, 5; Declaration of Helen Dominguez, 9 3, 6, 75 Declaration of Lea Hernandez, } 4; Declaration of Jeanne Sterba, (2, 35 Declaration of Mark Sterba, §f 2-4: Declaration of Georue Cole, { 3; Declaration of Celia Chu, 3; Declaration of Perry Chu, { 3: Declaration of Kelli Welsh, 7; Declaration of Bill Zehender, $f 5-6.) b. Defendant was not involved in Troy Isom's estate planning decisions, (see) | Declaration of Suzanne Graves, §¥ 5-7; Declaration of Mary Ireland, ff 3-5; Declaration of seoy| R. Dagrella, 493-4; Declaration of Mischelynn Scartatelli, 7.) c. Troy Isom was not 2 victim of financial or physical elder abuse. (Declaration of Mischelynn Searlaelli, 4 75 Declaration of Manjusha Gupta, M.D. 2: Declaration of David Patterson, M.D., {2-35 Declaration of Elmer Pineda, M.D., 2 Declaration of Lynn Isom, 4 5; Declaration of Seth Boldman, § 7; Declaration of Melanie Boldman, 4 $; Declaration of Helen Dominguez, { 7; Declaration of George Cole, 4 4) 2+ [PROPOSED] ORDER GRANTING MOTION POR COr CIVIL PROCEDURE § 128.7 SANCTIONS,LAWORFICES OF RESTALST 8 KRIEGER L 28856 GUASTI ROAD. SUME 400 “ONTARIO, CALIFORNIA #1701 fe wa ROD Declaration of Celia Chu, 4 4; Declaration of Perry Cha, § 4; Declaration of Kelli Welsh, $ 10; Declaration of Bill Zehender, 4 6.) Plaintiff made a deliberate choice not to oppose Defendants’ Motion and, in so doing, concedes the merits of Defendant's Motion. GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT: | Defendants’ Motion is granted on the basis that Plaintiff and her attorney violated Section 128.7(by(3) by filing a complaint that contains allegations and factual contentions that are lacking | in evidentiary support and are not likely to have evidentiary support after a reasonable) opportunity for further investigation or discovery, and on the further basis that Plaintiff and her attomey violated Section 128.7(bX1) by filing a complaint for an improper purpose to harass Defendant, ‘The Complaint herein is ordered stricken and disn ed with prejudice. Plaintiff Darci Isom and her attomey of record, Randy C, Whaley and Whaley Law Firm, are hereby sanctioned jointly and severally, and ordered to pay Defendants reasonable attorneys" fees and costs in the amount of $9,761,00. Such payment is to be made within thirty (30) ealendar days from the date | of service of the Notice of Ruling, OCT 95 2015 By._ TERESA SANCHEZ.GORDON Bee TODGI COURT GRANTING MOTION FOR CODE OF CIVIL PROCEDURE § 128.7 SANC3 a PROOE OF SERVICE At the time of service 1 was over 18 yeurs of age and not a party 10 this ection, Mt business address is Dagrelia Law Finn, 11801 Pieree St. Suite 200, Riverside, California 92503. (On September 25, 2015, | served a copy of the following document(s) [PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR SANCTIONS: AGAINST PLAINTIFF DARCES. ISOM AND HER ATTORNEY RANDY C. WHALEY AND WHALEY LAW FIRM PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7 é] By United States mall, J enclosed the documents in a sealed envelope oF package addressed t6 the persons atthe addresses listed below (specify one): [K] Deposited the sealed envelope with the Linitud Stares Postal Service, with dhe postage fully prepa. | am a resident or employed in the county where the mailing occuited. ‘The envelope or package was phiced in the mail at Riverside, Califoraia, [Randy G Whaley | WHALEY LAW FIRM Plaintiff Darei 8, som | 39 Lila Lane | Cajon, CA 92021 eee ; I declare under penalty of perjury under the laws of the State of California that the above istrucand comet, Executed on September 252015, a Riveyside, California. Sf 2 Riki Rivera