Brentwood Press - Index

Brentwood Press - AntiochPress_07.25.08 - Index

JULY 25, 2008 LEGAL NOTICES THEPRESS.NET | 13A
The purported property address is: 5022
STRATFORD DRIVE OAKLEY, CA 94561
Assessors Parcel No. 034-330-067-9
The undersigned Trustee disclaims
any liability for any incorrectness of the
property address or other common
designation, if any, shown herein. If no
street address or other common desig-
nation is shown, directions to the loca-
tion of the property may be obtained by
sending a written request to the benefi -
ciary within 10 days of the date of fi rst
publication of this Notice of Sale. If the
Trustee is unable to convey title for
any reason, the successful bidder’s sole
and exclusive remedy shall be the re-
turn of monies paid to the Trustee, and
the successful bidder shall have no fur-
ther recourse. Date: 7/22/2008 Quality
Loan Service Corp. 2141 5th Avenue San
Diego, CA 92101 619-645- 7711 For NON
SALE information only Sale Line: 714-
730-2727 or Login to: www.fi delityasap.
com Reinstatement Line: 619-645-
7711 x3704 Carmen Herrera, If you have
previously been discharged through
bankruptcy, you may have been re-
leased of personal liability for this loan
in which case this letter is intended
to exercise the note holder’s rights
against the real property only. THIS
NOTICE IS SENT FOR THE PURPOSE OF
COLLECTING A DEBT. THIS FIRM IS
ATTEMPTING TO COLLECT A DEBT ON
BEHALF OF THE HOLDER AND OWN-
ER OF THE NOTE. ANY INFORMATION
OBTAINED BY OR PROVIDED TO THIS
FIRM OR THE CREDITOR WILL BE USED
FOR THAT PURPOSE. As required by
law, you are hereby notifi ed that a
negative credit report refl ecting on
your credit record may be submitted to
a credit report agency if you fail to fulfi ll
the terms of your credit obligations.
ASAP# 2813493 07/- 25/2008, 08/01/2008,
08/08/2008 Oakley Press No. 03-
0477 Publish Dates: July 25, August
1, 8, 2008
NOTICE OF TRUSTEE’S SALE
TS # CA-08-155646-JB Loan # 17244393
YOU ARE IN DEFAULT UNDER A DEED
OF TRUST DATED 7/27/2006. UNLESS
YOU TAKE ACTION TO PROTECT YOUR
PROPERTY, IT MAY BE SOLD AT A
PUBLIC SALE. IF YOU NEED AN EXPLA-
NATION OF THE NATURE OF THE PRO-
CEEDING AGAINST YOU, YOU SHOULD
CONTACT A LAWYER. A public auction
sale to the highest bidder for cash, ca-
shier’s check drawn on a state or na-
tional bank, check drawn by state or
federal credit union, or a check drawn
by a state or federal savings and loan
association, or savings association, or
savings bank specifi ed in Section 5102
to the Financial code and authorized to
do business in this state, will be held
by duly appointed trustee. The sale will
be made, but without covenant or war-
ranty, expressed or implied, regarding
title, possession, or encumbrances,
to pay the remaining principal sum
of the note(s) secured by the Deed of
Trust, with interest and late charges
thereon, as provided in the note(s),
advances, under the terms of the Deed
of Trust, interest thereon, fees, charg-
es and expenses of the Trustee for the
total amount (at the time of the initial
publication of the Notice of Sale)
reasonably estimated to be set forth
below. The amount may be greater on
the day of sale. BENEFICIARY MAY
ELECT TO BID LESS THAN THE TO-
TAL AMOUNT DUE. Trustor(s): JESUS
SANDOVAL, A MARRIED MAN AS HIS
SOLE AND SEPARATE PROPERTY Re-
corded: 8/4/2006 as Instrument No.
2006-0246977-00 in book --, page -- of
Offi cial Records in the offi ce of the
Recorder of CONTRA COSTA County,
California; Date of Sale: 8/14/2008 at
10:00 AM Place of Sale: At the Court
Street entrance to the County Court-
house, 725 Court Street (corner of Main
and Court Street), Martinez, CA. Amount
of unpaid balance and other charg-
es: $410,542.02 The purported property
address is: 4540 La Vista Court Oakley,
CA 94561 Assessors Parcel No. 041-170-
024 The undersigned Trustee disclaims
any liability for any incorrectness of the
property address or other common des-
ignation, if any, shown herein. If no
street address or other common desig-
nation is shown, directions to the loca-
tion of the property may be obtained
by sending a written request to the ben-
efi ciary within 10 days of the date of
fi rst publication of this Notice of Sale. If
the Trustee is unable to convey title for
any reason, the successful bidder’s sole
and exclusive remedy shall be the re-
turn of monies paid to the Trustee, and
the successful bidder shall have no
further recourse. Date: 7/24/2008 Qual-
ity Loan Service Corp. 2141 5th Ave-
nue San Diego, CA 92101 619-645- 7711
For NON SALE information only Sale
Line: 714-730-2727 or Login to: www.
fi delityasap.com Reinstatement
Line: (800) 247- 9727 Jennifer Basom,
Trustee Sale Offi cer If you have previ-
ously been discharged through bank-
ruptcy, you may have been released of
personal liability for this loan in which
case this letter is intended to exercise
the note holder’s rights against the re-
al property only. THIS NOTICE IS SENT
FOR THE PURPOSE OF COLLECTING
A DEBT. THIS FIRM IS ATTEMPTING
TO COLLECT A DEBT ON BEHALF OF
THE HOLDER AND OWNER OF THE
NOTE. ANY INFORMATION OBTAINED
BY OR PROVIDED TO THIS FIRM OR
THE CREDITOR WILL BE USED FOR
THAT PURPOSE. As required by law,
you are hereby notifi ed that a nega-
tive credit report refl ecting on your
credit record may be submitted to
a credit report agency if you fail to fulfi ll
the terms of your credit obligations.
ASAP# 2815498 07/- 25/2008, 08/01/2008,
08/08/2008 Oakley Press No. 03-
0477 Publish Dates” July 25, August
1, 8, 2008
NOTICE OF TRUSTEE’S SALE
TS No. 08-28766 Title Order No. 08-8-
125867 Investor/Insurer No. APN No.
034-400-023-7 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST, DATED
03/23/2006. UNLESS YOU TAKE AC-
TION TO PROTECT YOUR PROPERTY,
IT MAY BE SOLD AT A PUBLIC SALE.
IF YOU NEED AN EXPLANATION OF
THE NATURE OF THE PROCEEDING
AGAINST YOU, YOU SHOULD CON-
TACT A LAWYER.” Notice is hereby
given that RECONTRUST COMPANY, as
duly appointed trustee pursuant to
the Deed of Trust executed by SHER-
YL CASTILLO, AND NOEL CASTILLO,
dated 03/23/2006 and recorded 03/31/06,
as Instrument No. 2006-0100412-00, in
Book , Page ), of Offi cial Records in the
offi ce of the County Recorder of Con-
tra Costa County, State of California,
will sell on 08/- 01/2008 at 10:00AM, At
the Court Street entrance to the Coun-
ty Courthouse, 725 Court Street (corner
of Main and Court Street), Martinez,
CA. at public auction, to the highest
bidder for cash or check as described
below, payable in full at time of sale,
all right, title, and interest conveyed to
and now held by it under said Deed
of Trust, in the property situated in
said County and State and as more
fully described in the above refer-
enced Deed of Trust. The street ad-
dress and other common designation,
if any, of the real property described
above is purported to be: 120 MIRA
VISTA DRIVE, OAKLEY, CA, 94561.
The undersigned Trustee disclaims
any liability for any incorrectness of the
street address and other common
designation, if any, shown herein. The
total amount of the unpaid balance
with interest thereon of the obliga-
tion secured by the property to be sold
plus reasonable estimated costs, ex-
penses and advances at the time of
the initial publication of the Notice of
Sale is $629,633.88. It is possible that
Street (corner of Main and Court
Street), Martinez, CA. at public auction,
to the highest bidder for cash or check
as described below, payable in full at
time of sale, all right, title, and interest
conveyed to and now held by it under
said Deed of Trust, in the property sit-
uated in said County and State and
as more fully described in the above
referenced Deed of Trust. The street
address and other common designa-
tion, if any, of the real property de-
scribed above is purported to be: 1919
SAUTERNE WAY, OAKLEY, CA, 94561.
The undersigned Trustee disclaims
any liability for any incorrectness of the
street address and other common
designation, if any, shown herein. The
total amount of the unpaid balance
with interest thereon of the obliga-
tion secured by the property to be sold
plus reasonable estimated costs, ex-
penses and advances at the time of
the initial publication of the Notice of
Sale is $435,592.55. It is possible that
at the time of sale the opening bid may
be less than the total indebtedness due.
In addition to cash, the Trustee will ac-
cept cashier’s checks drawn on a
state or national bank, a check drawn
by a state or federal credit union, or
a check drawn by a state or federal
savings and loan association, savings
association, or savings bank specifi ed
in Section 5102 of the Financial Code
and authorized to do business in this
state. Said sale will be made, in an ‘’AS
IS’’ condition, but without covenant
or warranty, express or implied, regard-
ing title, possession or encumbrances,
to satisfy the indebtedness secured
by said Deed of Trust, advances there-
under, with interest as provided, and
the unpaid principal of the Note se-
cured by said Deed of Trust with inter-
est thereon as provided in said Note,
plus fees, charges and expenses of
the Trustee and of the trusts created by
said Deed of Trust. DATED: 07/- 16/2008
RECONTRUST COMPANY 1757 TAPO
CANYON ROAD, SVW-88 SIMI VALLEY,
CA 93063 Phone: (800) 281 8219, Sale In-
formation (626) 927-4399 By:-- Trustee’s
Sale Offi cer RECONTRUST COMPANY is
a debt collector attempting to collect a
debt. Any information obtained will be
used for that purpose. ASAP# 2811067
07/18/2008, 07/- 25/2008, 08/01/2008
Oakley Press No. 03-0477 Publish
Dates: July 18, 25, August 1, 2008
NOTICE OF TRUSTEE’S SALE
TS No. 08-31661 Title Order No. 08-8-
134868 Investor/Insurer No. 0 APN No.
035-374-007-9 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST, DATED
04/19/- 2005. UNLESS YOU TAKE ACTION
TO PROTECT YOUR PROPERTY, IT MAY
BE SOLD AT A PUBLIC SALE. IF YOU
NEED AN EXPLANATION OF THE NA-
TURE OF THE PROCEEDING AGAINST
YOU, YOU SHOULD CONTACT A LAW-
YER.” Notice is hereby given that
RECONTRUST COMPANY, as duly
appointed trustee pursuant to the Deed
of Trust executed by ROMAN GUTI-
ERREZ, A SINGLE MAN AS HIS SOLE
AND SEPARATE PROPERTY, dated
04/19/2005 and recorded 04/29/05,
as Instrument No. 2005-0151646-00, in
Book , Page ), of Offi cial Records in
the offi ce of the County Recorder
of Contra Costa County, State of
California, will sell on 08/- 08/2008 at
10:00AM, At the Court Street entrance
to the County Courthouse, 725 Court
at the time of sale the opening bid may
be less than the total indebtedness due.
In addition to cash, the Trustee will ac-
cept cashier’s checks drawn on a
state or national bank, a check drawn
by a state or federal credit union, or
a check drawn by a state or federal
savings and loan association, savings
association, or savings bank specifi ed
in Section 5102 of the Financial Code
and authorized to do business in this
state. Said sale will be made, in an ‘’AS
IS’’ condition, but without covenant
or warranty, express or implied, regard-
ing title, possession or encumbrances,
to satisfy the indebtedness secured
by said Deed of Trust, advances there-
under, with interest as provided, and
the unpaid principal of the Note se-
cured by said Deed of Trust with inter-
est thereon as provided in said Note,
plus fees, charges and expenses of
the Trustee and of the trusts created by
said Deed of Trust. DATED: 07/- 10/2008
RECONTRUST COMPANY 1757 TAPO
CANYON ROAD, SVW-88 SIMI VALLEY,
CA 93063 Phone: (800) 281 8219, Sale In-
formation (626) 927-4399 By:-- Trustee’s
Sale Offi cer RECONTRUST COMPANY is
a debt collector attempting to collect a
debt. Any information obtained will be
used for that purpose. ASAP# 2804989
07/11/2008, 07/- 18/2008, 07/25/2008 Oak-
ley Press #03-0477 Publish Dates July
11,18, 25, 2008
NOTICE OF TRUSTEE’S SALE
TS # CA-08-154672-CH Loan
# 0001462218 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST DATED
10/19/2006. UNLESS YOU TAKE AC-
TION TO PROTECT YOUR PROPERTY,
IT MAY BE SOLD AT A PUBLIC SALE.
IF YOU NEED AN EXPLANATION OF
THE NATURE OF THE PROCEEDING
AGAINST YOU, YOU SHOULD CONTACT
A LAWYER. A public auction sale to the
highest bidder for cash, cashier’s check
drawn on a state or national bank,
check drawn by state or federal credit
union, or a check drawn by a state or
federal savings and loan association,
or savings association, or savings bank
specifi ed in Section 5102 to the Finan-
cial code and authorized to do business
in this state, will be held by duly ap-
pointed trustee. The sale will be made,
but without covenant or warranty, ex-
pressed or implied, regarding title, pos-
session, or encumbrances, to pay the
remaining principal sum of the note(s)
secured by the Deed of Trust, with in-
terest and late charges thereon, as pro-
vided in the note(s), advances, under
the terms of the Deed of Trust, interest
thereon, fees, charges and expenses
of the Trustee for the total amount
(at the time of the initial publication
of the Notice of Sale) reasonably
estimated to be set forth below. The
amount may be greater on the day of
sale. BENEFICIARY MAY ELECT TO BID
LESS THAN THE TOTAL AMOUNT DUE.
Trustor(s): MICHAEL LENT AND JEN-
NIFER LENT, HUSBAND AND WIFE AS
JOINT TENANTS Recorded: 10/25/2006
as Instrument No. 2006-0341575-00 in
book xxx, page xxx of Offi cial Records
in the offi ce of the Recorder of CONTRA
COSTA County, California; Date of Sale:
8/- 14/2008 at 10:00 AM Place of Sale:
At the Court Street entrance to the
County Courthouse, 725 Court Street
(corner of Main and Court Street),
Martinez, CA. Amount of unpaid bal-
ance and other charges: $609,008.06
NOTICE OF TRUSTEE’S SALE
TS # CA-08-154860-ED Loan
# 5303285331 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST DATED
10/12/2005. UNLESS YOU TAKE AC-
TION TO PROTECT YOUR PROPERTY,
IT MAY BE SOLD AT A PUBLIC SALE.
IF YOU NEED AN EXPLANATION OF
THE NATURE OF THE PROCEEDING
AGAINST YOU, YOU SHOULD CONTACT
A LAWYER. A public auction sale to the
highest bidder for cash, cashier’s check
drawn on a state or national bank,
check drawn by state or federal credit
union, or a check drawn by a state or
federal savings and loan association,
or savings association, or savings bank
specifi ed in Section 5102 to the Finan-
cial code and authorized to do business
in this state, will be held by duly ap-
pointed trustee. The sale will be made,
but without covenant or warranty, ex-
pressed or implied, regarding title, pos-
session, or encumbrances, to pay the
remaining principal sum of the note(s)
secured by the Deed of Trust, with in-
terest and late charges thereon, as pro-
vided in the note(s), advances, under
the terms of the Deed of Trust, interest
thereon, fees, charges and expenses
of the Trustee for the total amount (at
the time of the initial publication of the
Notice of Sale) reasonably estimated to
be set forth below. The amount may be
greater on the day of sale. BENEFICIA-
RY MAY ELECT TO BID LESS THAN THE
TOTAL AMOUNT DUE. Trustor(s): FLO-
RENTINO CEJA, A MARRIED MAN AS
HIS SOLE AND SEPARATE PROPER-
TY Recorded: 10/20/2005 as Instrument
No. 2005-0406244-00 in book xxx, page
xxx of Offi cial Records in the offi ce of
the Recorder of CONTRA COSTA Coun-
ty, California; Date of Sale: 8/- 14/2008
at 10:00 AM Place of Sale: At the Court
Street entrance to the County Court-
house, 725 Court Street (corner of Main
and Court Street), Martinez, CA. Amount
of unpaid balance and other charges:
$393,600.49 The purported property ad-
dress is: 2120 MEADOW LARK LN OAK-
LEY CA OAKLEY, CA 94561 Assessors
Parcel No. 033-271- 079-7 The under-
signed Trustee disclaims any liability for
any incorrectness of the property ad-
dress or other common designation,
if any, shown herein. If no street ad-
dress or other common designation
is shown, directions to the location of
the property may be obtained by send-
ing a written request to the benefi ciary
within 10 days of the date of fi rst pub-
lication of this Notice of Sale. If the
Trustee is unable to convey title for
any reason, the successful bidder’s sole
and exclusive remedy shall be the
return of monies paid to the Trustee,
and the successful bidder shall have
no further recourse. Date: 7/22/2008
Quality Loan Service Corp. 2141
5th Avenue San Diego, CA 92101
619-645- 7711 For NON SALE infor-
mation only Sale Line: 714-730-2727
or Login to: www.fi delityasap.com Re-
instatement Line: 619-645-7711 x3704
Erik Rasanen, If you have previously
been discharged through bankruptcy,
you may have been released of per-
sonal liability for this loan in which
case this letter is intended to exercise
the note holder’s rights against the real
property only. THIS NOTICE IS SENT
FOR THE PURPOSE OF COLLECTING
A DEBT. THIS FIRM IS ATTEMPTING
TO COLLECT A DEBT ON BEHALF OF
THE HOLDER AND OWNER OF THE
NOTE. ANY INFORMATION OBTAINED
BY OR PROVIDED TO THIS FIRM OR
THE CREDITOR WILL BE USED FOR
THAT PURPOSE. As required by law,
you are hereby notifi ed that a nega-
tive credit report refl ecting on your
credit record may be submitted to
a credit report agency if you fail to fulfi ll
the terms of your credit obligations.
ASAP# 2813422 07/- 25/2008, 08/01/2008,
08/08/2008 Oakley Press No. 03-
0477 Publish Dates: July 25, August
1, 8, 2008
LEGAL NOTICES LEGAL NOTICES
LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES
LEGAL NOTICES
NOTICE OF TRUSTEE’S SALE
TS # CA-08-153134-ED Loan
# 3010685992 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST DATED
9/12/2006. UNLESS YOU TAKE AC-
TION TO PROTECT YOUR PROPERTY,
IT MAY BE SOLD AT A PUBLIC SALE.
IF YOU NEED AN EXPLANATION OF
THE NATURE OF THE PROCEEDING
AGAINST YOU, YOU SHOULD CONTACT
A LAWYER. A public auction sale to the
highest bidder for cash, cashier’s check
drawn on a state or national bank,
check drawn by state or federal credit
union, or a check drawn by a state or
federal savings and loan association,
or savings association, or savings bank
specifi ed in Section 5102 to the Finan-
cial code and authorized to do business
in this state, will be held by duly ap-
pointed trustee. The sale will be made,
but without covenant or warranty, ex-
pressed or implied, regarding title, pos-
session, or encumbrances, to pay the
remaining principal sum of the note(s)
secured by the Deed of Trust, with in-
terest and late charges thereon, as pro-
vided in the note(s), advances, under
the terms of the Deed of Trust, interest
thereon, fees, charges and expenses
of the Trustee for the total amount (at
the time of the initial publication of the
Notice of Sale) reasonably estimated to
be set forth below. The amount may be
greater on the day of sale. BENEFICIA-
RY MAY ELECT TO BID LESS THAN THE
TOTAL AMOUNT DUE. Trustor(s): SAM-
INA HAAMID AND, HAAMID ALI, WIFE
AND HUSBAND Recorded: 9/21/2006 as
Instrument No. 2006-0299059- 00 in
book , page of Offi cial Records in the
offi ce of the Recorder of CONTRA
COSTA County, California; Date of Sale:
8/- 7/2008 at 10:00 AM Place of Sale: At
the Court Street entrance to the County
Courthouse, 725 Court Street (corner of
Main and Court Street), Martinez, CA.
Amount of unpaid balance and oth-
er charges: $490,253.62 The purported
property address is: 18 PUFFIN CIRCLE
OAKLEY, CA 94561 Assessors Parcel No.
037- 480-019-1 The undersigned Trustee
disclaims any liability for any incorrect-
ness of the property address or other
common designation, if any, shown
herein. If no street address or oth-
er common designation is shown, di-
rections to the location of the property
may be obtained by sending a written
request to the benefi ciary within 10
days of the date of fi rst publication
of this Notice of Sale. If the Trustee
is unable to convey title for any reason,
the successful bidder’s sole and ex-
clusive remedy shall be the return of
monies paid to the Trustee, and the
successful bidder shall have no fur-
ther recourse. Date: 7/17/2008 Qual-
ity Loan Service Corp. 2141 5th Ave-
nue San Diego, CA 92101 619-645- 7711
For NON SALE information only Sale
Line: 714-730-2727 or Login to: www.
fi delityasap.com Reinstatement Line:
619-645-7711 x3704 Erik Rasanen,
If you have previously been dis-
charged through bankruptcy, you may
have been released of personal liabili-
ty for this loan in which case this letter
is intended to exercise the note hold-
er’s rights against the real property
only. THIS NOTICE IS SENT FOR THE
PURPOSE OF COLLECTING A DEBT.
THIS FIRM IS ATTEMPTING TO COL-
LECT A DEBT ON BEHALF OF THE
HOLDER AND OWNER OF THE NOTE.
ANY INFORMATION OBTAINED BY OR
PROVIDED TO THIS FIRM OR THE
CREDITOR WILL BE USED FOR THAT
PURPOSE. As required by law, you are
hereby notifi ed that a negative cred-
it report refl ecting on your credit record
may be submitted to a credit report
agency if you fail to fulfi ll the terms of
your credit obligations. ASAP# 2809220
07/- 18/2008, 07/25/2008, 08/01/2008
Oakley Press No. 03-0477 Publish
Dates: July 18, 25, August 1, 2008
Vrej V. Garabedian, SBN: 249993
LAW OFFICES OF: VREJ GARABEDIAN,
1840 San Miguel Drive Suite 203, Wal-
nut Creek, CA 94596 Tel 285-1749 Fax
(888) 746-4689 Email: needcounsel@
gmail.com. Attorney for Petitioner,
Juana Guzman, SUPERIOR COURT
OF CALIFORNIA FOR THE COUNTY OF
CONTRA COSTA In Re: Marriage of
Duarte JUANA GUZMAN vs AGUSTIN
DUARTE Case No.: MSD96-03467
PETITION TO TRANSFER OWNERSHIP
OF COMMUNITY PROPERTY TO SEPA-
RATE PROPERTY (FAMILY CODE §2601)
DATE: 9/26/08 TIME: 10 a.m. DEPT: 17.
JUDGE: BARRY P. GOODE. SUMMARY
Petitioner, JUANA GUZMAN, hereby
requests the court grant her full own-
ership of her residence and commu-
nity property asset located in the City
of Oakley, County of Contra Costa, State
of California, Lot 17 map of Subdivision
6790, fi led November 20, 1987, Book
318, of Maps, page 21, Contra Costa
County of Records; commonly known
as 1150 Covered Wagon Drive, Oakley,
CA 94561. The petitioner respectfully
alleges the following: PROCEDURAL
HISTORY The petitioner, Juana Guz-
man, fi led for dissolution of marriage
to Agustin H. Duarte on July 15, 1996
at which time summons was issued.
Proof of service was sent, an income
and expense declaration was fi led and
all other procedural issues were satis-
fi ed. The matter was heard on February
19, 1999 in Dept 9, the Honorable Judith
S. Craddick presiding, where a Judg-
ment of Finalization of Dissolution was
entered on the grounds of irreconcil-
able differences ending the marital
status. The petitioner’s maiden name of
Guzman was restored to her. However,
division of the community residence de-
scribed above was taken under submis-
sion by the court and never resolved.
The hearing set for modifi cation of child
custody and property was vacated.
The court appointed Bob Heaton, (510)
427-7600 (not a working number), to ap-
praise said residence at present value
in 1999. The appraisal was never com-
pleted and the case was taken under
submission. However, an independent
comparative market analysis appraisal
was done in August 2002 valuing the
property at $200,000-$205,000, a copy
which is hereby attached as exhibit
“E”. A copy of the mediation report/fi -
nalization of dissolution minute order
from the above proceedings is hereby
attached to this petition as exhibit “A”.
The matter of legal and physical cus-
tody of the petitioner’s children from
the marriage was reserved pending the
court’s communication with the court
appointed mediator/counselor Ms. Olga
Paredes. The matter of custody was
subsequently resolved on June 14, 2002
in Department 22 resulting in petitioner
being awarded sole legal and physical
custody of the children of the marriage
upon resolution of the court adopting
the Family Court Services mediator’s
recommendation set forth in the record
and attached to this petition as ex-
hibit “B”. Petitioner was also granted
a temporary restraining order against
Agustin Duarte which expired on June
14, 2005, a copy of which is attached as
exhibit “C”. FACTS Petitioner has been
living in her residence continuously
since it was purchased with Agustin
Duarte as husband and wife in October
1988. After fi nalization of dissolution
of marriage in February 1999, Agustin
Duarte moved to Florida and petitioner
has since been paying the mortgage
payments, property tax, property insur-
ance, and all other expenses of the res-
idence solely with her separate proper-
ty. During their marriage, Ms. Guzman
and Mr. Duarte secured a second mort-
gage on said property in the amount of
$12,000.00. Together they paid $4,924.14
of this second mortgage. After the
dissolution, Ms. Guzman resumed pay-
ments and extinguished the debt of
the second mortgage paying a total of
$12,427.86 out of her separate property.
Ms. Guzman has paid $28,038.75 out
of her separate property on the debt
of the fi rst mortgage since the date of
separation in June 1996.Petitioner has
continuously worked as a clerk at the
local WalMart since December 6, 1999
in addition to holding up to three other
jobs at various times simultaneously.
Petitioner was not aware that the resi-
dence was not transferred to her name
alone since dissolution of the marriage
and just recently became aware of this
fact when she attempted to apply to re-
fi nance the residence in order to make
necessary repairs to it. The home is in
serious need of repair due to neglect
and normal wear and tear from the pas-
sage of time. Since the dissolution of
marriage, petitioner has taken care of
the residence believing it to be her sole
and separate property. As of the date of
this petition, Agustin Duarte is currently
in default on child support payments in
the amount of $88,761.14. To date, Mr.
Duarte has not made any payments for
child support according to the Contra
Costa County Department of Child Sup-
port Services, a copy of which is hereby
attached as exhibit “D”. Mr. Duarte is
currently unable to be located after
exercising due diligence in efforts to lo-
cate him. POINTS AND AUTHORITIES
AWARDING PETITIONER FULL OWN-
ERSHIP OF HER RESIDENCE AND COM-
MUNITY PROPERTY ASSET WOULD
EFFECTUATE AN EQUITABLE AND
EQUAL DIVISION OF THE COMMUNITY
ESTATE. Under California Family Code
§2601, where economic circumstances
warrant, the court may award an asset
of the community estate to one party
on such conditions as the court deems
proper to effect a substantially equal
division of the community estate. Here,
from the date of dissolution of the mar-
riage, eight years and ten months have
elapsed. During this time period, Agus-
tin Duarte has not lived at the residence
nor has he contributed to any expenses
of upkeep or maintenance of the home.
Since the dissolution, petitioner has
raised her two children, Susana, 16,
and Daniel, 21, on her own with no child
support payments ever received from
Mr. Duarte. Both children currently
live with the petitioner at her residence.
Due to the excessive amount of ar-
rearages in delinquent child support
payments reserved for the education
and support of his children, Mr. Du-
arte has neglected and abdicated his
legal, fi nancial and moral obligation
to contribute to the general welfare of
his children. Mr. Duarte should not be
rewarded for his disregard of the law
and the court’s orders by equal division
of a property which he has attenuated
ties to and no responsibility towards.
Since an appraisal of the residence
was never presented to the court, and
assuming we can estimate the value of
the residence at the time of dissolution
in February 1999 to be roughly $100,000-
$150,000, an equal division of the prop-
erty based on that value would compute
Mr. Duarte’s share of the house at the
time of dissolution to be equal to rough-
ly $50,000.00-$75,000.00. This does not
factor in one-half of the mortgage ob-
ligation that currently encumbers the
property. At the time of separation in
June 1996, the total mortgage obligation
on the property was $55,338.36, half of
which Mr. Duarte was obligated to pay
in an amount of $27, 669.18. Thus, after
computing the difference between the
value of Mr. Duarte’s share of the prop-
erty and his mortgage obligation, his
share of the residence amounts to a fi g-
ure between $22,330.82 and $47,330.82.
Considering the fact that Mr. Duarte
now owes $88,761.14 in delinquent child
support payments as of December 3,
2007, whatever interest Mr. Duarte has
in the property does not exceed the
amount of his delinquent child support
obligations of $88,761.14. Based on his
total lack of child support payments,
it does not seem likely that Mr. Duarte
will make any payments in the future
towards satisfying his child support ob-
ligation for his daughter, Susana, who
still has two years before reaching age
of majority. Therefore, any interest Mr.
Duarte has in the property should be
extinguished by his failure to make any
child support obligation payments and
any interest he has does not outweigh
his fi nancial obligations to the peti-
tioner in the form of child support pay-
ments. Furthermore, the petitioner, Ms.
Guzman, to date, has paid $40,964.55 in
payments on both the fi rst and second
mortgages out of her separate property,
$28,038.75 on the fi rst mortgage, and
$12,427.86 on the second mortgage, in
addition to raising her children on her
own without any fi nancial support from
Mr. Duarte. Thus, it would seem equi-
table under these circumstances to
transfer full ownership of the residence
to the petitioner, Ms. Guzman. WHERE
FORE, petitioner prays for an order: (1)
Transferring her residence and the only
community property asset to her as her
sole and separate property; (2)
Determining her rights as to the prop-
erty; and (3) For all other proper orders.
Date: 1/28/08 JUANA GUZMAN, Peti-
tioner Date: January 28, 2008 VREJ V.
GARABEDIAN, Attorney for Petitioner
Oakley Press No. 03-0477
Publish Dates: July 11, 18, 25, August
1, 2008
NOTICE OF TRUSTEE’S SALE
TS # CA-08-148520-NF Loan #
0691738207 YOU ARE IN DEFAULT
UNDER A DEED OF TRUST DATED
7/13/2005. UNLESS YOU TAKE ACTION
TO PROTECT YOUR PROPERTY, IT MAY
BE SOLD AT A PUBLIC SALE. IF YOU
NEED AN EXPLANATION OF THE NA-
TURE OF THE PROCEEDING AGAINST
YOU, YOU SHOULD CONTACT A LAW-
YER. A public auction sale to the high-
est bidder for cash, cashier’s check
drawn on a state or national bank,
check drawn by state or federal credit
union, or a check drawn by a state or
federal savings and loan association,
or savings association, or savings
bank specifi ed in Section 5102 to the
Financial code and authorized to do
business in this state, will be held by
duly appointed trustee. The sale will
be made, but without covenant or war-
ranty, expressed or implied, regarding
title, possession, or encumbrances, to
pay the remaining principal sum of the
note(s) secured by the Deed of Trust,
with interest and late charges thereon,
as provided in the note(s), advances,
under the terms of the Deed of Trust,
interest thereon, fees, charges and
expenses of the Trustee for the total
amount (at the time of the initial pub-
lication of the Notice of Sale) reason-
ably estimated to be set forth below.
The amount may be greater on the day
of sale. BENEFICIARY MAY ELECT TO
BID LESS THAN THE TOTAL AMOUNT
DUE. Trustor(s): HABIB L. AZAMI, A
MARRIED MAN Recorded: 7/19/2005
as Instrument No. 2005-0264170-00
in book xxx, page xxx of Offi cial Re-
cords in the offi ce of the Recorder of
CONTRA COSTA County, California;
Date of Sale: 8/14/2008 at 10:00 AM
Place of Sale: At the Court Street
entrance to the County Courthouse,
725 Court Street (corner of Main and
Court Street), Martinez, CA. Amount
of unpaid balance and other charges:
$437,449.70 The purported property
address is: 5609 PLUMBRIDGE WAY
ANTIOCH CA ANTIOCH, CA 94531 As-
sessors Parcel No. 056-360-039-4 The
undersigned Trustee disclaims any
liability for any incorrectness of the
property address or other common
designation, if any, shown herein. If
no street address or other common
designation is shown, directions to
the location of the property may be
obtained by sending a written request
to the benefi ciary within 10 days of the
date of fi rst publication of this Notice
of Sale. If the Trustee is unable to con-
vey title for any reason, the successful
bidder’s sole and exclusive remedy
shall be the return of monies paid to
the Trustee, and the successful bidder
shall have no further recourse. Date:
7/22/2008 Quality Loan Service Corp.
2141 5th Avenue San Diego, CA 92101
619-645-7711 For NON SALE informa-
tion only Sale Line: 714-730-2727 or
Login to: www.fi delityasap.com Re-
instatement Line: 619-645-7711 x3704
Erik Rasanen, If you have previously
been discharged through bankruptcy,
you may have been released of per-
sonal liability for this loan in which
case this letter is intended to exercise
the note holder’s rights against the real
property only. THIS NOTICE IS SENT
FOR THE PURPOSE OF COLLECTING A
DEBT. THIS FIRM IS ATTEMPTING TO
COLLECT A DEBT ON BEHALF OF THE
HOLDER AND OWNER OF THE NOTE.
ANY INFORMATION OBTAINED BY
OR PROVIDED TO THIS FIRM OR THE
CREDITOR WILL BE USED FOR THAT
PURPOSE. As required by law, you are
hereby notifi ed that a negative credit
report refl ecting on your credit record
may be submitted to a credit report
agency if you fail to fulfi ll the terms of
your credit obligations. ASAP# 2831649
07/25/2008, 08/01/2008, 08/08/2008
Antioch Press No. 06-1617 Publish
Dates: July 25, August 1, 8, 2008
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning
Commission of the City of Brentwood
will, at 7:00 p.m. or as soon thereafter as
the normal course of business permits
on August 5, 2008, hold a public hearing
to consider the following: An application
for a conditional use permit (CUP 08-20)
to allow the establishment of a recre-
ational vehicle and boat storage facility
on a 1.2-acre parcel along the northern
edge of Presidio Drive in the Shadow
Lakes development, east of the water
storage tanks, between Capilano Drive
and Roundhill Drive (APN 019-680-023).
Applicant: Sean McCauley Said hearing
will be held at the City Council Chambers,
734 Third Street, Brentwood, California.
Further information may be obtained
from Associate Planner Debbie Hill [(925)
516-5135 or dhill@ci.brentwood.ca.us] in
the Community Development Depart-
ment of the City of Brentwood, 104 Oak
Street, Brentwood, California 94513.
Before any court challenge of Planning
Commission decisions, you are required
to appeal the decision to the City Council
no later than the time period provided
under the City’s Municipal Code. In ad-
dition you may be limited to raising only
those issues you or someone else raised
at the public hearing described in this
notice, or in written correspondence de-
livered to the Brentwood Planning Com-
mission at, or prior to, the public hearing.
Brentwood Press No. 02-1273 Publish
Date: July 25, 2008
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