Mou v. City of San Jose et al

Filing 81

Declaration of Robert B. Burchfiel in Support of 80 Brief Declaration of Robert B. Burchfiel iso of City of San Jose's MPA on Award of Costs with Exhibits 1-6 and POS filed byCity of San Jose. (Related document(s) 80 ) (Burchfiel, Robert) (Filed on 11/15/2010)

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RICHARD DOYLE, City Attorney (#88625)
NORA FRIMANN, Chief Trial Attorney (#93249)
ROBERT BURCHFIEL, Sr. Deputy City Attorney (#112318)
Office of the City Attorney
200 East Santa Clara Street
San Jose, California 95113-1.905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]

6

Attorneys for Defendant, CITY OF SAN JOSE

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3
4

7
8

UNITED STATES DISTRICT COURT

9

NOTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

10
11
12

CHIN-LI MOU,

Case Number: C07-05740 JF
Plaintiff,

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14
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CITY OF SAN JOSE, SAN JOSE PUBLIC
LIBRARY EDUCATION PARK BRANCH,

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Defendants.

17

DECLARATION OF ROBERT B.
BURCHFIEL IN SUPPORT OF CITY
OF SAN JOSE’S MEMORANDUM OF
POINTS AND AUTHORITIES ON
AWARD OF COSTS

Courtroom:
Judge:

18

I, Robert B. Burchfiel, declare the following:

19

1.

3, 5th Floor
Hon. Jeremy Fogel

I am an attorney at law duly licensed to practice in the Courts of the State of

20 California in the United States District Court, Northern District of California. I am a Senior
21
22

Deputy City Attorney for the City of San Jose, Defendant in the above-titled action.
2.

Attached as Exhibit I is a true and correct copy of Plaintiff’s "Requests to

23 Waive Court Fees" filed in San Francisco Superior Court case no. CGC-07-066427.
24

3.

Attached as Exhibit 2 is a true and correct copy of the denial of Plaintiff’s

25 Request to Waive Court Fees dated March 10, 2010 in San Francisco Superior Court case
26 no. CGC-07-066427.
27
28

1
DECLARATION OF ROBERT B. BURCHFIEL IN SUPPORT OF CITY OF
SAN JOSE’S MPA ON AWARD OF COSTS

Case Number: C07-05740 JF
707430

1
2
3

4.

Attached as Exhibit 3 is a true and correct copy of the transfer to Plaintiff

Mou of the title of property located at 4141 Boneso Circle in San Jose, California.
5.

Attached as Exhibit 4 is a true and correct copy of the Santa Clara County

4

Assessor’s Office Property Role Information for the property located at 4141 Boneso

5

Circle, San Jose, California.

6

6.

Attached as Exhibit 5 is a true and correct copy of the Corelogic Real Quest

7

Professional Property Value Comparison for the property located at 4141 Boneso Circle,

8

in San Jose, California dated November 12, 2010.

9

7. Attached as Exhibit 6 is a true and correct copy of excerpts from Ms. Mou’s

10 Debtor’s Examination taken September 1, 2010.
11

I declare under penalty of perjury under the laws of the State of California that the

12 foregoing is true and correct and that this declaration was executed on November 15,
13

2010, at San Jose, California.

14
15

ROBERT B. Bt

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2
DECLARATION OF ROBERT B. BURCHFIEL IN SUPPORT OF CITY OF
SAN JOSE’S MPA ON AWARD OF COSTS

Case Number: C07-05740 JF
707430

PROOF OF SERVICE

1
2

CASE NAME:

Mou v. CSJ, et al.

3

CASE NO.:

C07-05740 RS

4
5
6
7

I, the undersigned declare as follows:
I am a citizen of the United States, over 18 years of age, employed in Santa Clara
County, and not a party to the within action. My business address is 200 East Santa Clara
Street, San Jose, California 95113-1905, and is located in the county where the service
described below occurred.
On November 15, 2010, I caused to be served the within:

8

DECLARATION OF ROBERT B. BUROHFIEL IN SUPPORT OF
CITY OF SAN JOSE’S MEMORANDUM OF POINTS AND
AUTHORITIES ON AWARD OF COSTS

9
10
11

[]

12

I further declare that I am readily familiar with the business’ practice for collection
and processing of correspondence for mailing with the United States Postal
Service. Said correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business.

13
14
15 []
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by MAIL, with a copy of this declaration, by depositing them into a sealed envelope,
with postage fully prepaid, and causing the envelope to be deposited for collection
and mailing on the date indicated above.

by E-MAIL, with a copy of this declaration, by sending them to the e-mail address
listed below.

Addressed as follows:

17

Ms. Chin-Li Mou
18 4141 Boneso Circle
19 San Jose, CA 95134
Phone Number: [phone]
20 E-Mail: [e-mail]
21 In Propria Persona
22

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on November 15, 2010, at San Jose, California.

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707430

Exhibit 1

RequeSt to Waive Court Fees
Clerk
.’~ getting public benefits, are a low-income person, or do not have enough stamps date here when form is filed.
to p~y for honsehold’s basic newels and your court fees, you may use this
ask the court to waive all or part of your court fees. The court may order
nswer questions about your finances. If the court waives tile fees, you
I have to pay later i~ "
t cannot give the court proof of your eligibility,
Fill in cotrl name and slreet address:
~ financial situation improves during this case, or
t settle your civil ease for $10,000 or more. The trial court that waives Superior Court of California, County of San
r fees will have a lien on any such settlement in the amount of the waived
~rancisco
~ and costs. The court may also charge you any collection costs.
|00 McAllister Street
’our Information (person asking the court to waive the fees):
San Francisco,CA 94102
Iame: Karen Mou

,treet or mailing address: 4141 Boneso Circle
F’dl in case number and name:
CA Zip: 95134
State:
;ity: San Jose
C ase Number:.
CGC-07-466427
’hone number:. 408-954-8085
Case Name:
tour Job, if you have one (job title):
Mou v. TERRY ~ & ASSOCIATES
lame of employer:.
~,mployer’s address:
(our lawyer, if you have one (name, firm or affiliation, address, phone number, and State Bar nitmber):

I

Yes[--] No []
t. The lawyer has agreed to advance all or a portion of your fees or costs (check one):
~. (lf yes, your lawyer must sign here) Lawyer’s signature:
If your lawyer is not providing legal-aid type services based on your low income, you may have t6 go to a
hearing to explain why you are asking the court to waive the fees.
#/hat court’s fees or costs are you asking to be waived?
[] Superior Court (See Information Sheet on Waiver of Superior Court Fees and Costs (form FWk00I-INFO).)
[] Supreme Court, Court of Appeal, or Appellate Division of Superior Court (See Information Sheet on Waiver of
Appellate Court Fees and Costs (form APP-O15/FW-015-]NFO).) ¯
Nhy are you asking the court to waive your court fees?
~_ [] I receive (check all that apply): [] MediCal [] Food Stamps [] SSI [] SSP [] County Relief/General
Assistance [] HISS (In-Home Supportive Services) [] CalWORKS or Tn’ba] TANF (Tn’bal Temporary
Assistance for Needy Families) [] CAPI (Cash Assistattco Program for Aged, Blind and Disabled)
). [] My gross monthly household income (before deductions for taxes) is less than the amount listed below.
(If you check 5b you must fill out 7, 8 and 9 on page 2 of this forat)
Family Size

Family Income

Famgy Size

1

$1,128.13
$1,517.71

3
4

2

Family IncGme Family Size
$1,907.30

5

$2~296.88

6

Family Income
$2,686.46
$3,076.05

ff more than 6people
at home, add $389.59
for each extra person.

~. [] I do not have enough income to pay for my household’s basic needs and the court fees. I ask the court to
(check one): [] waive all court fees [] waive some of the court fees [] let me make payments over time
(Explain): I am unemployed and divorced
(If you check 5c, you must fill out page 2~
[] Cheek here ffyou asked the court to waive your court fees for this c~se in the last six months.
(lf y.our previous request is reasonably available, please attach it to this form and check here: [] )
:late under penalty of perjury under the laws of the State of California that the information I have provided
ds form and all attachments is true and correct.
: .February 9, 2010 :
~
Karen Mou
Print your name here
Sign here
.... of California, v~,,w.couffinfa.ca.gov
3otrndl
FW-001, Page I of 2
Request to Waive Court Fees
July 2, 2009, Mandatop/Form
l~tzt Code, § 68633
~ ~I Court, rules 3.51, 8.26, and B.818

Your name: Karen Mort

CGC-07-466427
! Case Number:.

If you checked 5a on page 1, do not j~ll out below. If you checked 5bo fill out questions 7o 8o and 9 only. If you checked
you must fill out this entire page. If you need more space° attach form MC-025 or attach a sheet of paper and write

Financial Information and your name and case number at the top.

Q

I’-] Check hereif your income changes a lot from month to month;
Fill out below based on your average income for the past 12

~Your Monthly Income
a. Gross monthly income (before deduc~ons): $ 0
Ust each payroll deduction and amount below:.

(1)

(~~cash

Your Money Property
and

b. All financial accounts (List bank name and amounO:

(1) Wells Fargo

(4)

Make I Year

$

$

$

e. Other personal property (jewelry, furniture, fum,
stocks, bonds, etc.):
Fair Market
Descdbe
Value

Household Income
a. List all other parsons living in your home and their income;
include only your spouse and all individuals who depend in
whole or in part on you for support, or on whom you depend in
whole pr in part for support.
Gross Monthly
Name
Age Relationship Income

$
$
$
$

Total monthly Income and
household Income (Be plus 9b):

$

$
$

d. Real estate
Fair Market How Much You
Address
Value
Still Owe
(1) 4141 Boneso Cir, SJ, C $ 400,000
$0
(2)
$
$

(1)

$

$

(2)

$

$

$

Your Monthly Expenses
(Do not include payroll deducf~ns you a~eady listed in eb.)
a.
b.
c.

Rent or house payment & maintenance
Food and household supplies
Utilities and telephone

d. Clothing

$

$0

To fist any other facts you want the court to know, such as
unusual medioal expenses, family emergenoies, etc., attach
form MC-025. Or attach a sheet of paper, and write
Financial Information and your name and case number at
the top. Check here if you attach another page. []
Important! If your financial situation or ability to pay
court fees improves, you must notify the court within
five days on form FW-OIO.

How Much You
Sb’il Owe

$"

(3)

Q

b. Total monthly income of persons above:

$

(2)
(3)

e. Your total monthly i.ncome is (8c plus 8d): $ 0

(2)
(3)
(4)

Fair Market How Much You
Value
Still Owe

(1)

(3)

$
$
$
$

(1)

$
$

c. Cam, boats, and other vehicles

Total deductions (add 8a (1)-(4) above): $
Total menlhly take-home pay (8a minus 8b): $
Ust the source and. amount of any other income you get each
month, including: spousal/child support, retirement, social
security, disability, unemployment, mir~ry basic allowance for
quartam (BAQ), vetamns payments, dividends, interest, trust
income, annuities, net business or rental income,
reimbursement for job-related expenses, gambling or lottery
winnings, etc.

(1)
(2)
(3)
(4)

$101

(3)
(4)

$
$

$ 550

(.~) Bank of America

(2)

(s)

$.100

$100
$ 200

$ 81

$ 80
e. Laundry and deening
$ ]0
f.
Medical and dental expenses
$ 110
g. Insurance’(life, health, accident, etc.)
$ 240
h. School, ch~ cam
$ 75
i. Child, spousal support (another mar~age)
$
j.
Transportation, gas, auto repair and’insurance $ 70
k. Installment payments (fist each below):
Paid to:
O)
$

(2).

$

(3)
L

Wages/eamings withheld by court order
$
Any other monthly expenses (list each below):
Paid to:
How Much?

(1) home owner association fee
(2) property tax

$ 260
$ 270.74

(3)

Total monthly expenses (add 11a-11m above): $1496.74

Request to Waive Court Fees

FW-001, Page

’i

Exhibit 2

SUPERIOR COURT OF CALIFORNIA
COUNTY OF" SAN FRANCISCO

Document Scanning Lead Sheet
Ma~-11-2:0. 10 3:44 pm

Case Numbe~. CGC-07-466427
Filing Date: Mar-lO-2010 3:42
Juke Box: 001 Image: 02787716
RULING ON APP~_ICATION FOR WAIVER OF FEES

KAREN MOU VS. TERRY HINES & ASSOCIATES et al

instructions:
Please place this she~; on top of ~ document to be scanned.

~

Order on CourtFee .Waiver

After Hearing (Supenor Court)

who
Q Person asked the court .to waive cou~t fees:

Nazi: Karen Mou
Str~tor~iIi~ add~s: 4141 Bone.so Circle "
San Jose
Stat=:,,, CA Z~p: 95134

1 0 Z010

(~ Lawyer, if person in (~ has one (mzn~, =~dr~s, pho~ n~,

~-~I, ~Z St~ a=r rr~m&r):

I~.ClF~_ OF TI~i~ COURT

A r~ixmst to waive com’t fe~s was filed (date):02110110
Superior Court of California. County of

N FRANOIBCO SUPERIOR COU~
) MCN.UBTER STREET

Read this form carefully. All checked boxesl~[are court orders.

CGC-07-466427
[ ~ Name:

. I,Mou v. Hines

Notice: Tim court may ordm- you to answer questions about your finaImes and later order you to pay btmk the waived
fees. If this lmpptms and you do not pay, the court can make you pay tim fees and also charg~ you collection fees. If them
is a chang~ in your financial cimumslanccs during this case that increases your ability to pay fees and costs, you must
notify the trial court within five days. (Use form FW-O10.) If you win your case, the trial court may ordor t]m otter side
to pay~the fees. If you settle your civil case for $10,000 or morn, the trim court wflI have a litm on the sottlcmcnt in the
amount of the waived fees. The trial court may not dismiss the case .rrl~! the !ien is paid_
Q Afmrrevi.~ngyom (clu~one): [] Requ~t to Fra~ve Court Fees [] Requeato Wa2,v¢~dd~t~.al Court Fe.~s
the ~ourt makes t~e followiag order.
[] The court graat~ ~our roquost and waivos your corn fe,~. and costs as follows:
(1) [] Fee Waiver. The court grants your requ~ and waives your corot fees and costs ~ beiow (Cal. Rules of
Court, rule 3.55.) You do not hav¢ to pay the court fees for the foLl .owing:
¯ Filing papers in supcdor court
¯ Giving notice and certificates
- Making copies and ceadfying copies
¯ Sending papea’s to another court depm’Unent
¯ Sheriff’s fee to givenotice
¯ Com’t-appoint~ intmpreter in sma]l claims court
¯ Report~r’s daily fee ([or up to 60 days offer the grant ofthefee waiver, at the court-approved daily
¯ Preparing and certifying the left,s transcripton appeal ¯ Court fees for phone hearing
(2) [] Additional Fee Waiver. The court grants your request and waives your additional supmior com-t fees and
costs.that are ~hecked below. (CaL Rules of Court, rule &36.) You do not have to pay for the cheeke, d items.
[] Jury fees and expense~
[] Fee~ for a peace offlem to testify in court

[] R~z=r’s ~ f=s au~yond t~ 60-#aymiod oZ~r gr~ ofthef~e ~=~r, o~ coun-a~Fo-~.d ~ rate)
(3) [] ~ee Waive=" fer ApI~mL The co~t grant~ ~ur reqn~ ~ waiws tb= f~s ~ costs ch~cl~l b~low, for your
~ (Cal. Pades ofCourt, nd= &25 and &~lS.) Yon ~ not lmve to I~ for t~ ch~clmd it~-zns.

[]
Order on Court Fee Waiver
After Headng (Superior Court)

FW~Oe, Pag~

Mou v. Hines & Associates

c.=se

CGC-07-466427

b. ~’The oou~i denies your request and wl]l not waive or reduce your fees and costs.

(~)~ The roason for ~ d~iaI is as follows:
(a) ~’l You~ roqu~st ~s incomploto, and you did not pmvid~ th~ information that th~ court mq~ostod (~ecify iter~
missing):
(b) {-]You did not go to court on th~ hearing dat~ to provide ~h~ information tim court ~ to make a dcoision.
(c) ~The infonmtion you provide shows that you are not eligible for the fee waiver you requested b~aase

"

(c~heck all tl~t apply):

’ i. ~1 Yam" incomo is too high.

¯

"

ii.C] Ot~ (~1~):
(d) E]rh=~ is not ~ough ~’vid~c~ to support a ~ wah,~r.
(~) !-IOtb= (st~ re=so=): ......
(2) [] You may pay some court fees and costs over time. You may make monthly paym~mts of $
be~mnhg (date):
and th~ payabi.e on the 1st of each month af~ that, until
the fees checked b¢Iow are paid in full:

(a) [] ~]~g f~
(b) [] O~r

You must pay all other court f~s and costs as they ar~ d~.
[] The court partia]~ grants your ~ so you can pay corot fo~s wi~out ushg money yon’nee~I to pay
for your houschold’s basic needs. You am ordor~ ~o pay a poxtion of yore" foos, as checked below. Th6 com’t
only partially grants the ~ boca~ (~te rea~o~s for partial denial):
(I) [] Youmustpay
% ofyour ~ourt fees.
(2) [] T~ court waives some foes. The fe~s ~eckcd b~low ar~ waiv~L You must pay all othe~ cou~t fe~s.

[] Court_appointed~ve not~oe

[] Oth=r

[] Court-appom~ inte~ fees for a wim~ss
[] Rcporter’s daily fees beyond th~ 60 days
[] F~e~ for a p~a~ officer to t~ffy in court
[] Com’t fees for t~lephone he.~ngs

Wa~i,gl If b or c abu--~e are checked: You have 10 days after the clerk gives notice of this order (see darebelow) to
pay your fees as ordered, unless them is a
in item b(2). if you do not pay, your court
papers will not be processed, if the
may be dismissed.

I 0 2:010

Exhibit 3

Fees ....
Taxes...
Copies..
AHT PAID

Mail Docdinent and, Unless
Shown Below, Tax Statement To:

i.~’l-eSO G-rc ~_
I

BRENDA DAVIS
SANTA CLARA COUNTY RECORDER

16.88
RDE ff 884
1/12/2886
1:28 PH

Recorded a~ the request of
Grantor

oo

16.00

SPACE ABOVE THIS LINE FOR RECORDER’S USE

INTERSPOUSAL TRANSFER DEED

""

INDIVIDUAL GRANT DEED (Excluded From Reassessment Under Proposition 13)
¯

Grantor herein declares that the Documentary Transfer Tax is $_
" (~
e is no consideration for this transfer.
"’
r under §63 of the Revenue and Taxation Code
from joint tenancy to community property.
from one spouse to both spouses.
from one spouse to the other spouse.
to relinquish any community interest and to vest said property in the name of the grantee as his/her sole and separate
property.
other

J

._, County

before me,

evidence} to (or the person(s) whose name(s)
be proved to me on the basis of
to the within instrument and acknowledged to
~they executed th#same in I~Uber/their
capacity(ies), and that b~;~hisi~er/their sigr~ature(s)
the person(s), or the entity upon behalf of
acted, executed the instrument.
and official seal.

TO (If no party shown, mail as directed above):
this form, fill in all blanks, and make whatever changes are necessary for your parlioula~ use. Consul~ a lawyer if you have any doubts
this form. No representation.or warranty, express or implied, with respect to the t’Cmess of this form for any intended purposets made.

IFGAL DESCRIPTION

, PROPERTY in the City of San Jose, County of Santa ~ State of CaMorni~ described as
,’EL ONP’
11 in ~inium Building No. 17 as depicted upon ~ certain Condominium Pla~ (the "Plan’)

a= F.x~bit "A" and further defined in the ~la Rena~ance Enabling Declaration F.stabibld~
I~ Condominium Ownership (the "Declaration’) ,’~¢orded May 7, 1993 in Book M765, page 0049 of
Clara. Stale of CaJifomi~ o~ Apdl 29, 1993 in Book 646 of Maps, at page= 22 and 23.

EL TWO:
~ided 12.66% interest in the condominium Common Area of the Condominium Building in which the
drdum unit descril:.ad in.Pa~el One above is located, as defined in the DedaraUon and as depicted on
¯ NG AND RESERVING THEREFROM THE FOLLOWING:

All Ifm condominium units depicted on the Plan and defined in the Dedar=tlon other than th~ unit
~scribed In Patce~ One above.
"
The Reslricted Common Are~ as defined in the Declaration and/or deptct~l o~ the Plan which are set
=it described in Pamel One above.
N0n..exd~ve easements ~or ingress, egress, support, use, enjoyment and dght= over, under, upon
~:I through the common m’eas 8ppurlenant to aJl units as said easements and rights ~m defined In

L THREE:
~uslve dgh! to no use and enjoyment of the Restdcled Common Areas apl~lenant to Pm’cel One
= ~ in the Decfa~tion and as depicted on the Plan which are set aside and elloc~ed for the
use of the owner of the unit to which they are attached or assigned.
FOUR:
~ easement for ingress and egress, support, use, enjoyment and right over, under, upon. and
common areas as shown on the Plan and deflne~ In the Declaration.
7-52-014

~

0_16

Exhibit 4

Page 1 of 1

1.111212010
Santa Clara County Assessor’s Office
Assessment Roll Information Inquiry and Retrieval
Assessment Roll Information for Tax Year: 2010

APN: 097-73-011

DISCLAIMER:
This service has been provided to allow easy access and a visual display of County
information. A reasonable effort has been made to ensure the accuracy of the data provided;.
nevertheless, some information may be out of date or may not be accurate. The County of
Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED
DATA ARE PROVZDED WITHOUT WARRANTY OF ANY KIND, either expressed or
implied, including but not limited to, the implied warranties of merchantability and fitness
for a particular purpose. Do not make any business decisions based on this data before
validating the data. [Revenue and Taxation Code Section 408.3(c)]

Situs Address and Mailing Address Information
Number of Propert~ Address(es):
Billing Address(es):
4141 BONESO CL
SAN JOSE

4141 BONESO CIR SAN JOSE CA
95134-0000

Property Information
Document No.
18767398
Transfer Date
01/12/2006
GRANT DEED
Tax Default Date
n/a
DocumentT~pe
Tax Rate Area: 17-117
San Jose [City
Santa Clara [Unified School]
Bay Area Jt(1,7,21,28,38,41,43,48,49,57)
West Valley Jt(43,44) [Comm. College]
[Air Qualit~ Mgrnt.]
San Jose-rincon De Los Esteros ’83 Anx.
Santa Clara Valley [County Water]
[Redevelopment]
Santa Clara Valley-zone C-1 [County Water] Santa Clara Valley-zone W-4 [County
Water]
Santa Clara County Importation [Watermisc.]
Assessed Values on: 097-73-011 (Assessed Informatior~ as of 6/30/2010)

Real Property

Land
$ 85,584 Fixtures
Improvements $160,639 Structure

Personal
Prop.
Total

Exemptions

Business

$ 246,223

$0 Homeowner
$0 Other

Net
Assessed
Value

$ 7,000
$0

$0
$0

$ 7,000

$ 239,223

All Contents © Copyright 2005, the County of Santa Clara

http://services.sccgov.org/ari/search.do

1111212010

Page 1 of I

1.1/12/2010
Santa Clara County Assessor’s Office
Assessment Roll Information Inquiry and Retrieval

Assessment Roll Information for Tax Year: 2009

APN: 097-73-011

DISCLAIMER:
This service has been provided to allow easy access and a visual display of County
information. A reasonable effort has been made to ensure the accuracy of the data provided;
nevertheless, some information may be out of date or may not be accurate. The County of
Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED
DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or
implied, including but not limited to, the implied warranties of merchantability and fitness
for a particular purpose. Do not make any business decisions based on this data before
validating the data. [Revenue and Taxation Code Section 408.3(c)]

Situs Address and Mailing Address Information
Number of Proper~ Address(es):
4141 BONESO CL
SAN JOSE

Billing Address(es):

4141 BONESO CIR SAN JOSE CA
95134-0000
Property Information
Document No.
18767398
Transfer Date
01/12/2006
GRANT DEED
Tax Default Date
n/a
DocumentT~pe
Tax Rate Area: 17-117
San Jose [City]
Santa Clara [Unified School]
Bay Area Jt(1,7,21,28,38,41,43,48,49,57)
West Valley Jt(43,44) [Comm. College]
[Air Quality Mgrnt.]
San Jose-rincon De Los Esteros ’83 Anx.
Santa Clara Valley [County Water]
[Redevelopment]
Santa Clara Valley-zone C-1 [County Water]Santa Clara Valley-zone W-4 [County
Water]
Santa Clara County Importation [Water-

misc.]
Assessed Values on: 097-73-011 (gssessea Information as of 6/30/2009)

Real Property

Business

Land
$ 85,788 Fixtures
Improvements $161,021 Structure

Personal
Prop.
Total

$ 246,809i

Exemptions
$0
$0

Homeowner
Other

Net
Assessed
Value

$ 7,000i
$0

$0
$0

$ 7,000

$ 239,809

All Contents © Copyright 2005, the County of Santa Clara

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11/12/2010

Details - CA Property- Merlin

Page 1 of 3

CA Property
Search Date:
Query Submitted:

Friday, November 12, 2010
Street # From = 4141
Street Name = boneso
State = CA

Client Reference: Not supplied
Record # 1 of 1

Property Information
County:
State:
Parcel Number:
Site Address:
Latitude:
Longitude:

SANTA CLARA
CA
097-73-011
4141 BONESO CIR
SAN JOSE, CA 95134-1500
37.414222000000002
-121.95483

County Assessor Information
TAX INFORMATION
Taxes Mailed to: MOU CHIN-LI
Mailing Address: 4141 BONESO CIR
SAN JOSE, CA 95134
Owner Occupied: Y
Homeowners Exemption: YES

RECORDING INFORMATION
Date Recorded: Ol/12/2oo6
Document Number: 18767398
Land Use: CONDOMINI~, TOWNHOUSE
VALUATION
Assessed Land Value:
Assessed ,Improvements:
Total Assessed Value:
Assessment Year:
Prior Sale Date:
LEGAL DESCRIPTION
Municipality:
Brief Description:
Zoning:

$85,788.00
$161,021.00
$246,809.00
2009

0513111994
SAN JOSE
UNIT ii
R186

LOT AND BUILDING INFORMATION
Lot-Size or Area: 1307 SF

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11/12/2010

Details - CA Property - Merlin
Improved Square Feet
Year Built
Number of Buildings
Number of Stories
Total Number of Rooms

Pag? 2 of 3
1139
1993
i
2

6

NOTE: Assessor records are only updated by the county once a year.
The above information may be superseded by a recorded transfer.
See the most recently recorded document below.
Most Recently Recorded Document
Date Recorded:
01/12/2006
APN-T:
097-73-011
SANTA CLARA
County:
State:
CA
Document Number:
18767398
Document Type:
INTRAFAMILY TRANSFER & DISSOLUTION - DUE T
Land Use Code:
1004
Title Company:
NONE AVAILABLE
Lot Number:
1
Unit:
ii
Township:
SAN JOSE
Subdivision:
CALIFORNIA RENAISSANCE
Tract:
8580
Legal Description:
BUILDING #17
Map Reference:
MAP646 PG22&23
Sale Price Code:
NON-ARMS LENGTH TRANSACTION.
Original Contract Date:
Ol/11/2oo6
Site Address:
4141 BONESO CIR
SAN JOSE, CA 95134-1500
From:
LI JAU YANG
CHIN LI MOU
4141 BONESO CIR
SAN JOSE, CA 95134-1500
To :
CHIN LI MOU - I~IVIDUAL(S)
4141 BONESO CIR
SAN JOSE, CA 95134-1500

Previously Recorded Document
Date Recorded: 05/31/1994
APN-T: 097-73-011
County: SANTA CLARA
State: CA
Document Number: 12518924
Document Type: CORPORATION DEED
Book Number: N463
Land Use Code: 1004
Page Number: 1925
Sales Price: $187,000.00
City Transfer Tax: $617.1o

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Details - CA Property - Merlin

County Transfer Tax:
First TD Holder:
Lender Type:
Loan Amount:
~Financing Type:
Interest Rate:
Loan Due Date:
Title Company:
Lot Number:
Unit:
Township:
Tract:
Legal Description:
Map Reference:
Original Contract Date:’
Site Address:
From:
To:

Page 3 of 3
$205.70
KAUFMAN AND BROAD MTG
MORTGAGE COMPANY
$168,300.00
VARIABLE
4.37

06/01/2024
FIRST AMERICAN TITLE GUARANT
1
Ii
SAN JOSE
8580
BUILDING #17

o7/3o/1993
4141 BONESO CIR
SAN JOSE, CA 95134-1500
KAUFMAN & BROAD SOUTH BAY INC - COMPANY OR
LI JAU YANG - HUSBAND AND wIFE
CHIN LI MOU - HUSBAND AND WIFE
JOINT TENANCY
4141 BONESO CIR
SAN JOSE, CA 95134-1500

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11/12/2010

Exhibit 5

RealQuest.com ® - Report

Page 1 of I

~ CoreLogic’
’~>

Comparable Summary

For Property Located At

Rea I Cq u e st Pro less i o n a I

4141 BONESO ClR, SAN JOSE CA 95134-1500
4 Comparable(s) found. (Click on the address to view more property information)
View Report

Configure Display Fields

Modify Comparable Search Criteri

Summary Statistics For Selected Properties: 4
Subject Property
Low
Sale Price
$187,000
$409,000
i
i Bldg/Living Area
i Price Sqft
Year Built

1,139
$164.18
1993
1,400
i Lot Area
i Bedrooms
3
Bathrooms/Restrooms
2
2.00
i Stories
{Total Value
$246,223
Distance From Subject 0.00

High
$471,000

1,119
$361.95
1993
871
2
2
2.00
$246,030
0.08

i

i

1,139
$420.91
1998
2,757
3
2
2.00
$410,000
0.14

Average
$442,500
1,130
$391.80
1994
1,342
2
2
2.00
$351,290
0.11

*= user supplied for search only
Address
[] #
Subject Property
4141 BONESO CIR
Comparables
151 GRIGLIO DR
[] 1

Sale Price Yr Bit Bed Baths/Restrooms(Full) Last Recording BId/Liv Lot Area Dis
$187,000 1993 3

2

05/31/1994

1,139

1,400

0.0

$409,000 1993 2

2

06/03/2010

1,130

871

0.0~

$420,000 1993 2

2

05/26/2010

1,130

871

0.0!

$470,000 1993

3

2

07/09/2010

1,139

871

0.1;

[] 4 4165RENAISSANCE DR 1 $471,000 1998

3

2

08/06/2010

1,119

2,757

0.1,

[] 2

153 GRIGLIO DR 215

[] 3. 4252 COSENZA LOOP

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Page 1 of 2

Comparable Sales Report

For Located At
Property

~-coret.ogic

l~÷a I@ uest’ P rofessio n a l

4141 BONESO CIR, SAN JOSE CA 95134-1500
4 Comparable(s) Selected.
Summary Statistics:

Report Date: 11/12/2010

Subject

Low

High

Average

$187,000

$409,000

$471,000

$442,500

1,139

1,119

1,139

1,130

Price/Sqft

$164.18

$361.95

$420.91

$391.80

Year Built

1993

1993

1998

1994

Lot Area

1,400

871

2,757

1,342

Bedrooms

3

2

3

2

Bathrooms/Restrooms

2

2

2

2

2.00

2.00

2.00

2.00

$246,223

$246,030

$410,000

$351,290

0.00

0.08

0.14

0.11

Sale Price
Bldg/Living Area

Stories
Total Value
Distance From Subject
*= user supplied for search only

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RealQuest.com ® - Report

Page 2 of 2

Comp #:
Address:
Owner Name:
Seller Name:
APN:
County:
Subdivision:
Rec Date:
Sale Date:
Sale Pdce:
Sale Type:
Document #:
1st Mtg Amt:
Total Value:
Land Use:

1
151 GRIGLIO DR, SAN JOSE CA 95134-1537
YUAN KEVIN
MARCOJOHN RITA E
097-74-070
Map Reference:
SANTA CLARA, CA
Census Tract:
8582
Zoning:
0610312010
Pdor Rec Date:
05/24/2010
Pdor Sale Date:
Prior Sale Price:
$409,000
FULL
Prior Sale Type:
20729400
Acres:
Lot Area:
$306,750
$410,000
# of Stories:
CONDOMINIUM
Park Area/Cap#:

Comp #:
Address:
Owner Name:
Seller Name:
APN:
County:
Subdivision:
Rec Date:
Sale Date:
Sale Price:
Sale Type:
Document #:
1st Mtg Amt:
Total Value:
Land Use:

2
153 GRIGLIO DR 215, SAN JOSE CA 95134-1537
PARIKN HARSHIL./KANEKAR ESHA
VENU PRABHA
097-74-069
Map Reference:
SANTA CLARA, CA
Census Tract:
8582
Zoning:
05/26/2010
Pdor Rec Date:
05/18/2010
Prior Sale Date:
$420,000
Prior Sale Pdce:
Prior Sale Type:
FULL
20722395
Acres:
$336,000
Lot Area:
$246,030
# of Stories:
CONDOMINIUM
Park Area/Cap#:

Comp #:
Address:
Owner Name:
Seller Name:
APN:
County:
Subdivision:
Rec Date:
Sale Date:
Sale Price:
Sale Type:
Document #:
1st Mtg Amt:
Total Value:
Land Use:

3
4252 COSENZA LOOP, SAN JOSE CA 95134-1529
NAGARAJAN RAJ K/PRABAKARAN JAYASRI
GOYALIA VINAMRA
097-72-066
Map Reference:
SANTA CLARA, CA
Census Tract:
RENAISSANCE CONDO PH Zoning:
03 04 05
07/09/2010
Prior Rec Date:
07/06/2010
Prior Sale Date:
$470,000
Prior Sale Price:
FULL
Prior Sale Type:
20769410
Acres:
$376,000
Lot Area:
$346,129
# of Stories:
CONDOMINIUM
Park Area/Cap#:

Comp #:
Address:
Owner Name:
Seller Name:
APN:
County:
Subdivision:
Rec Date:
Sale Date:
Sale Price:
Sale Type:
Document #:
1st Mtg Amt:
Total Value:
Land Use:

4
4165 RENAISSANCE DR 1, SAN JOSE CA 95134-2818
RAMAMOORTHY KARTHIKEYAN/DHANABALAN ARADHANA
RAHMAN SAMIR & FABIDHA S
097-74-098
Map Reference:
/ 813-D2
SANTA CLARA, CA
Census Tract:
5050.05
Zoning:
R1
08/06/2010
Prior Rec Date:
08/04/2010
Prior Sale Date:
$471,000
Prior Sale Price:
Prior Sale Type:
UNKNOWN
20806386
Acres:
0.06
$376,800
Lot Area:
2,757
$403,000
# of Stories:
2.00
CONDOMINIUM
Park Area/Cap#:
220 /

Distance From Subject: 0.08 (miles)

47-A5 / 813-D2
5050.05
R1B6
06/21/2005
06/15/2005
$475,000
FULL
0.02
871
2.00
264 /

Living Area:
Total Rooms:
Bedrooms:
Bath(F/H):
Yr Built/Eft:
Air Cond:
Style:
Fireplace:
Pool:
Roof Mat:
Parking:

1,130
5
2
2/
1993 / 1994
YES
L-SHAPE
/
GARAGE

Distance From Subject: 0.09 (miles)

47-A5 / 813.D2
5050.05
R1 B6
12/18/1996
$195,000
FULL
0.02
871
2.00
264 /

Living Area:
Total Rooms:
Bedrooms:
Bath(F/H):
Yr Built/Eft:
Air Cond:
Style:
Fireplace:
Pool:
Roof Mat:
Parking:

1,130
5
2
2I
1993 / 1994
YES
L-SHAPE
/
GARAGE

Distance From Subject: 0.12 (miles)

47-A5 / 813-D2
5050.05
RIB6
08/04/1998
07/24/1998
$285,000
FULL
0.02
871
2.00
264 /

Living Area:
Total Rooms:
Bedrooms:
Bath(F/H):
Yr Built/Eft:
Air Cond:
Style:
Fireplace:
Pool:
Roof Mat:
Parking:

1,139
6
3
2/1
1993 / 1994
YES
L-SHAPE
/
GARAGE

Distance From Subject: 0.14 (miles)

Living Area:
Total Rooms:
Bedrooms:
Bath(F/H):
Yr Built/Eft:
Air Cond:
Style:
Fireplace:
Pool:
Roof Mat:
Parking:

1,119
6
3
2/1
1998 / 1998
L-SHAPE
/
GARAGE

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Page 1 of 2

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Property Detail Report

CoreLogic’

For Property Located At

R e a 1Q

4141 BONESO CIR, SAN JOSE CA 95134-1500
Owner Information:
Owner Name:
MOU CHIN-LI
Mailing Address:
4141 BONESO CIR, SAN JOSE CA 95134-1500
Phone Number:
Vesting Codes:
//
Location Information:
Legal Description:
TRACT 8580
County:
SANTA CLARA, CA
APN:
097-73-011
Census Tract / Block:
5050.05 / 1
Alternate APN:
Township-Range-Sect:
Subdivision:
8580
Legal Book/Page:
Map Reference:
47-A5 / 813-D2
Legal Lot:
1
Tract #:
8580
Legal Block:
School District:
SANTA CLARA
Market Area:
Munic/Township:
7
Neighbor Code:
Owner Transfer Information:
INTERSPOUSAL DEED
Recording/Sale Date: 01/12/2006 / 01/11/2006 Deed Type:
TRANSFER
Sale Price:
1st Mtg Document #:
Document #:
18767398
Last Market Sale Information:
Recording/Sale Date: 05/31/1994 /
1st Mtg Amount/Type:
$168,300 / CONV
Sale Price:
1st Mtg Int. Rate/Type: / ADJ
$187,000
Sale Type:
FULL
1st Mtg Document #:
Document #:
12518924
2nd Mtg Amount/Type: I
CORPORATION GRANT 2nd Mtg Int. Rate/Type: /
Deed Type:
DEED
Transfer Document #:
Price Per SqFt:
$164.18
New Construction:
Multi/Split Sale:
Title Company:
FIRST AMERICAN TITLE
Lender:
KAUFMAN & BROAD MTG
Seller Name:

Prior Sale Information:
Prior Rec/Sale Date:
Prior Sale Price:
Prior Doc Number:
Prior Deed Type:

/

Prior Lender:
Prior 1st Mtg Amt/Type: /
Prior 1st Mtg Rate/Type: I

Property Characteristics:
Gross Area:
1,139
Living Area:
1,139
Tot Adj Area:
Above Grade:
Total Rooms:
6
Bedrooms:
3
Bath(F/H):
2/1
Year Built / Eft:
1993 / 1994
Fireplace:
/
# of Stories:
2.00
Other Improvements:

Parking Type:
GARAGE Construction: WOOD
Garage Area:
Heat Type: HEATED
264
Garage Capacity:
Exterior wall:
Parking Spaces:
Porch Type: PORCH
Basement Area:
Patio Type: NONE
Finish Bsmnt Area:
Pool:
Basement Type:
Air Cond:
Roof Type:
Style:
L-SHAPE
Foundation:
Quality:
GOOD
Roof Material:
Condition:
AVERAGE

Site Information:
Zoning:
Flood Zone:
Flood Panel:
Flood Panel Date:
Land Use:
Tax Information:
Total Value:
Land Value:

R186
A99

Acres:
Lot Area:

0.03

$246,223
$85,584

Assessed Year:
Improved %:

2010
65%

1,400
0603490008F LotWidth/Depth: x
Res/Comm Units: /
12/16/1988
CONDOMINIUM

CONDO/TOWNHOUSE
County Use: (06)
State Use:
Site
Influence:
SewerType:
Water Type:
Property Tax: $3,248.84
Tax Area: 17117

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Improvement Value: $t60,639
Total Taxable Value: $239,223

Page 2 of 2
Tax Year:

2009

Tax
Exemption: HOMEOWNER

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Exhibit 6

IN THE UNITED STATES DISTRICT COURT
NORTHERN DIVISION OF CALIFORNIA
SAN JOSE DIVISION

CHIN-LI MOU,
Plaintiff,
¸VS.

Case No. C07-05740 JF

CITY OF SAN JOSE, SAN JOSE
LIBRARY EDUCATION PARK
BRANCH,
Defendants.

DEPOSITION OF CHIN-LI MOU

DATE:

September I, 2010

TIME:

9:40 a.m.

LOCATION:

200 East Santa Clara Street
Sixteenth Floor
San Jose, California

REPORTER:

SALLY A. DIENER
C.S.R." #7039

SALOIS & ASSOCIATES
CERTIFIED SHORTHAND REPORTERS
1250 OAKMEAD PARKWAY, SUITE 210
SUNNYVALE, CA

94085

[phone]

Q. Fogel, yes.

You were served with a Notice of

this deposition.
(Defendant’s Exibit A was marked for
identification.)
A.

Yes.

Q.

Which is attached as Exhibit A to this

deposition and in that document you were requested to
bring certain documents with you.
Yes.
Have you brought those documents with you
today?
A. Yes, I brought here as much -- as many documents
as I could,
Q. Could I please see the documents you have
brought with you in response to the Deposition Notice.
A. This is the original and i would like to have
the original back. Would you please make copies?
Q. Yes. Could you please put on the table
everything that you brought in response to the Deposition
Notice.
A.

(Witness complies.)

Q. Thank you.
Could you please state your current residence

address.
A.

4141 Boneso Circle, San Jose. Zip code is

95134.
Ot

How long have you lived there?
For a while, I forgot how long.
Do you own that residence?
Yes.
And do you have a mortgage on that property?
At the present time I don’t have any mortgage,

but I have to pay property tax as well as
homeowner
association fee.
Q. Are you currently employed?

Q.

When was the last time you were employed?

A.

Approximately 2004.

Q.

Did you bring your 2009 tax return?

A.

Yes, it was there.

Q.

You receive alimony?

A.

No, I d~n’t.

Q.

You did receive alimony in 2009?

A.

My ex-husband pay me some expenses, but that

should not be considered as alimony, but heput in as
alimony.
Who put in as alimony?
My ex-husband.
Do you have copies of your tax return that you
signed?

Q. While you are looking, when is the last time you
had your property evaluated?
A.

I don’t know.

Q. Have you found what you were looking for?
A.

Yes.

Q.

May I see it?

A.

(Document handed to counsel.)

Q.

What you have. shown me is the mortgage that was

a deed of trust in the amount of $168,300.
Did you buy this. property in approximately
1994?
ao

Yes, around that time.
And what was the market value then that you paid

for it?
A. I might have for@ot, but approximate, it cost
approximately $170,000. Approximately 175,000 or maybe
170,000.
Q. Part of the papers that you have presented is a
page that I am going to have you look at that is entit~led
Request to Waive Court Fees.
A.

Yes.

Q.

Did you submit that form to the court in San

Francisco to get a waiver of costs?
A.

Yes.

Q. And is, as far as you know, the information on

the front and the back of that page accurate?
A. There are two things. Some information in this
form was filled quite a long time ago, so the information
might not be accurate as of today.
And furthermore, my ex-husband fill this form
out on my behalf.
Q. But you signed it and gave it to the court,
correct?
I forgot.
Q

So you d0n’t know which form you actually

signed; is that correct?
A.

I don’t understand.

Q. Do you have any memory of signing a form like
that and submitting it to the court?
A.

My ex-husband filled this out.

Q.

On the one that you sent to court, did you sign

A.

I have no recollection.

Q.

If you did sign it, did you read it before you

it?

signed it?
A. Yes, I -- even those, I signed the form and even
those, I have read the form, but I was not sure if the
information was accurate or not.
Q Did.you have any belief that it was
inaccurate?

A. At that time I don’t’even have any idea whether
the fair market value of my property worth $400,000.
Q. Other than that entry on the document, do you
believe the other entries are correct?
A.

Yes, the other entries were almost accurate.

Q. As to the monthly costs that are listed there
for expenses, are they greater now or less than that
now?
A. I believe that it is almost as accurate. And
then I believe that for the homeowners association fee
has been increased.
Q. And who pays the homeowners association?
A.

I don’t have any money now, so I ask my

ex-husband pay for it.
Q. How do you pay for food?
A. Sometimes my e~-husband bought the food for me
and sometimes I just went to church to get the food that
they provide.
Q. Why haven’t you sold your property?
A.

I would become homeless if I sold my property.

Q.

Do you think that you can buy something for less

money and live there?
A. Where could I buy a cheaper property, which is
cheaper than ~he price I pay for originally?
Q. Have you tried to find out what the value of

eo

Do you give the bills to your ex-husband to have

him pay?
A.

Correct.

Q. Where does your husband work -- ex-husband?
A.

In Milpitas.

Q. What is the name of the company?
A.

Sigma Design.

Q. Spell it, please.
A.

I don’t know howto spell it.

Q. What kind of work is it?
A.

Engineer.

Q. Have you filed any other lawsuits, other than
this one about the San Jose and the one about Sergeant
Laws and the third one in San Francisco, other than those
three, have you filed any other lawsuits?
A. I have another lawsuit against the declaratory
relief against West Valley.
Q.

West Valley College?

A.

Correct.

Q.

When ~id you file that lawsuit?

A.

I think that it was filed in 2008 or 2009.
When can I take a break, sir?

Q. Any time you wish. We will take about a five
minute break unless you need more.
A. Five minutes, okay.

14

Q.

Thank you.
(Recess was taken.)

BY MR. BURCHFIEL:
Q. Are you ready.to proceed?
A.

Yes.

Q.

Taking a look at your document request for

waiver of fees in your San Francisco case. Just for the
record, that is Mou versus Terry Hines and Associates,
San Francisco case number CGC-07-466427 in Superior
~Court, County of San Francisco.
In that matter you on this paperhave listed
approximately $1,500 worth of monthly expenses at the
bottom. Is that amount approximately your monthly
expenses now?
A. Since the form was filled by my. husband -ex-husband and then he estimated the expenses he paid for
my monthly expenses. So I have no idea whether it is
$1,500 or not. And of course the balance on the bank was
owed.
Q.

Do you have more or less money in the bank

A.

Less than the balance indicated here.

now?

Q. All right. Approximately how much does it cost
you to maintain your house?
A. I’m not quite sure.

15

A
Q. Did you pay tuition, or do you want them to
waive the tuition fee?
A. The tuition is supposed to be waived, but then
the expenses and money for the books, I demand to be paid
to me.
Did you want them to pay it back to you?
Correct.
How much did youpay them that you wanted
back?
A. It is not a big araount, but I believe that it is
a confidential kind of thing.
Q. Well, if you paid themmoney, it is not
confidential.
So how much money did you pay them, West Valley
College, that you wanted back?
A.

Approximately 2 to $300.

Q.

Where did you get that money?

A.

My ex-husband.

Q.

I am going to have a copy of all of the

documents that you presented here today in response to
the request to produce at your deposition attached to the
deposition as Exhibit B.
(Defendant’s Exhibit B was marked for
identification.)
BY MR. BURCHFIEL:

25