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\ INLIM\tlCU ,I\IIUSOll::'riON

) cusu No,: (..'Gt• I 9-580706

RENEE POlR\BR.pQllNl),
lPROPOSED I JUl:>UMENT OP
Plaintitl-:
) FORECl ,OSURE AND ORDER J10R SAf ;~
) Ol( 2080 SILVER AVENUE, SAN
) FRANCISCO. CALlFORNlA
)
R.~FAEL sIERO: 13910 LOQUAT LLC. n ) [CCP fl 726 (a}, (b)]
limited Liability Company; WE )
Bt 'Y~()RC.-\l R£ INC .. a s~i,end~ )
('~ini.'t Cor~•atioo: and DOES 1-:>0. )
) Hearing Date: December 1, 2020
) Time: 9 a.m.
) Dept: 514
) Judge: Hon. Charlene Kiesselbach

~.:11.----:00 .:-.a,-::e-(l:: :or defai..l: jt!:t:!gmcnt hearing on December \ , 2020, in Dept S.L4 u

drS::oesiorComt. Citv and County of San Francisco. The Honorable Charlene Kiesselbach
);: - "' i

;c,-1; PladiffllBU POlRIER-POC~U (-plaintiff'] and her attorney Scott F. Handd

,t;(:ratd bf .loom ,inual meeting.

..~a.mu of the docummlary evidence. the Application for Default Judvmc"'· t!

I J!~~,_.: Of ff>ik1JJ5Ui.E AND ORDER FOR SALE I' ·c·p,, 72t> (I)\ (h)I
 uest for Judicial Notice, the Memorandum of Points and Authorities, the Declarations of

Renee Poitier-Pound and Scott F. Handelman, the Memorandum of Costs, the interest

3 calculations, and the oral testimony presented at the time of heatingj the Court HEREBY
4
ORDERS, ADJUDGES; mtd DECREES, as follows;
5
1. This Judgment is awarded ih. favot bf plaintiff Renee Poitier-Pound, and against
6 defendants RAFAEt SfERO, WE BUY NORCAL ltE; INC., a [suspended}Crdifotnia corpotation1
7 and 139 IO LOQUA T LlC, a California limited liability cornpahy, jointly and severally.
a 2. The Court finds and adjudges that defendants WE BUY NORCAL RE, INC., a
[suspended] California cotp0ration and 13910 LOQUAT, LLC, a California limited liability
9
company, ate the alter egos of defendant RAFAEL Sf ERO, individually.
10
3. The property that is the subject of this foreclosure judgment and order for sale· in
11
this action is commonly known as 2080 Silver Avenue, San Francisco, California, and is more
12 particularly described in Exhibit A (attached hereto).
13 4. ·Plaintiff made the following loans to SIERO evidenced by two promissory notes: a
$60,600 Note dated July 11, 2010 and signed by defendant RAFAEL SIERO, on behalf of WE
14
BUY NORCAL, RE, INC.; a $171 ,700 ·Note dated May 11, 2011 by RAFAEL SIERO on behal
15
of WE BUY NORCAL RE, INC., attached as Exhibits 3 and ~to the Complaint.
1'6 5. The Court finds by convincing evidence that said loans set forth in the preceding
1 7 paragraph were intended to be secured by real property, as evidenced by the express language o

i'8 the $171,700 promissory note (Exhibit 4 to the Complaint) and the representations of defendant
_ SIERO, who told plaintiff that the $60,600.00 Note (Exhibit 3 to the Complaint) would be secured
9
by real property. In fact, the defendants never secured the promissory note for the $60,600 loan
0
(Exhibit 3) and did not secure the promissory note for the $171, 700 loan (Exhibit 4 to the
1
Complaint), until in April 2019.
2 6. In April 2019, plaintiff Renee Poirier-Pound became the beneficiary under a Deed
3 of Trust signed April 12, 2019, by defendant RAFAEL SIERO on behalf of the record ownerofthe
subject property at the date of signing of the Deed of Trust, to wit: 13910 LOQUAT LLC, a
California limited liability company. The trustor under said Deed of Trust is 13910 LOQUA T LLC,
a California limited liability company. Said Deed of Trust incorrectly states that 13910 LOQUAT
LLC was "currently suspended." The Court finds that was a mistake, as evidenced by the April 12,

, JUDGMENT OF FORECLOSURE AND ORDER FOR SALE [CCP 11726 (a), (b)]

-- 2 -
 2019 promissory note signed and notarized by defendant SlERO, which expressly states that the
2 "note shall be S<-~ured by a deed of trust to real property commonly known as 2080 Silver Avenue
"
San Francisco, CA 94 124. title iri oame of 1390 \ LOQUAT LLC a limited liability company ... " as
3
well as by the ,evi.dence presented to the Court on December I, 2020. Further, it was defendant
4
WE BUY NORCAL RE, lNC, a California corporation, which was a suspended California
5 corporation al ·the time of the signihg of the Deed of Trust.

6 7. The CoUrt further finds that defendant WE BU Y NORCAL RE, INC., transferred
-, the subject property to defendant l 3910 LOQU AT, LLC on November 21 , 201 4, without notice to
plaintiff, and without her knowledge or consent. .
8
8. On April 18, 2019, the Deed of Trust wherein plaintiff RENEE POIRIER-POUND
9
is the beneficiary and defendant 13910 LOQUAT LLC, a California limited liability company is
10
the trustor, was recorded in the official records of the City and County of San Francisco, California,
11 as DOC-2019-K754550-00 (attached to the Complaint as Exhibit 7).

12 9. This Judgment constitutes a lien on the subject property and has the legal effect of
amending the Deed of Trust set forth in the preceding paragraph so that the following amounts are
13
secured under that Deed of Trust and by this Judgment.
14
10. The Court further finds that defendants shall take no proceeds whatsoever upon the
15 foreclosure of the subject property.

16 11. In the event the net proceeds to plaintiff upon foreclosure of the property are not

1 7 sufficient to satisfy the debt owed by the defendant debtors under this Judgment, plaintiff shall have
a deficiency judgment against each defendant, jointly and severally, and may thereafter apply to
18
this Court to for such deficiency judgment.
19
12. The Court awards the following amounts to plaintiff and against defendants. and
2 O each of them, jointly and severally, and that such amounts shall be secured by the subject property:

21 a. On the promissory note dated July 11, 2010 (attached to the Complaint as Exhibit 3):
principal of $60,600.00 plus eight (8%) interest per annum from July 11, 2010 through
22
December 1, 2020, in the amount of $50,379.04, for a total of $1 10,979.04;
23
b. On the promissory note dated May 11, 2011 (attached to the Complaint as Exhibit 4)
24 and reaffirmed in an additional promissory note dated and notarized on April 12, 2019
25 . t Exhibit 6) and on the Deed of Trust dated and notarized
(attached to the Comp lam as== ~ -
on April 12, 2019 (attached to the Complaint as Exhibit 7), principal of $171 ,700.00,
26

27 AND ORDER FOR SALE [CCP 11726 (a), (b)]

JUDGMENT OF FORECLOSURE
28 -- 3-
 plus eight (8%) interest per annum from May 11 , 20 11 through December I, 2020, in
2 the amount of $131,30 1.03 , for a total of $303,001.03;

3
c. Property troces owed on the subject property paid on August 24, 2020 on behalf of
defendant 13910 LOQUAT LLC, a California limited liability company, in the amount
4
of$8,984.98, with prejudgment interest at the legal rate often percent (10%) per annum,
5
from August 24, 2020 through date of j udgment (December I, 2020) in the amount of
6 $2.46 per day for I 00 days $246.00, fo r a total of $9,230.98;
7 d. Any additional property taxes paid by plaintiff prior to the foreclosure of the subject
property;
8
r-- e. The Court further finds, adjudges and decrees that defendant RAFAEL SIERO, as
9
r--
0 plaintiff' s tax preparer for many years (and an enrolled agent), breached his fiduciary
10
V'I
N
,_
>D
>D
duties to plaintiff, in at least the following respects: once she had reposed her trust and
11
confidence in him, SIERO took unfair advantage of plaintiff by virtue of his position as
:.i..

t"l 12 plaintiff's tax preparer to improperly solicit loans from plaintiff for alleged real estate
":>
0
13 investments. SIERO intentionally misrepresented to plaintiff that he would provide her
:;-
'' with security for such loans, such as a mortgage or deed of trust. SIERO failed to provide
14
plaintiff with such security. SIERO never returned plaintiff's loans, even after she had
15
told him not to reinvest her loans in real estate, and that she wanted her money back.
16 The Court therefore finds that SIERO breached his fiduciary duties to plaintiff. The

17 Court hereby awards plaintiff damages against SIERO in the amount of $250,000 to
compensate plaintiff for SIERO's breached of fiduciary;
18
f. Attorney ' s fees in the amount of$34,850;
19
g. Costs of suit in the amount of$1305.00;
20 Total Judgment: $709,853.45.
21 13. The Total Judgment shall accrue interest at the legal rate of ten (10%) per annum.
The total judgment, or some portion thereof, shall be used as plaintiff's "credit bid" at the
22
foreclosure sale ordered herein.
23
14. The Court further finds that because the current record owner of the subject property
2 4 is defendant 13910 LOQUAT, LLC, a California • · d 1·tabTty
• hm1te 11 company , the foreclosure shall
. the event that t1t· 1e to the property is conveyed by
2 5 roceed against that entity. However, m
p · h t; Josure shall proceed
2 6 defendants, or any of them, prior to the foreclosure ordered herem, t e orec

27 JUDGMENT OF FORECLOSURE AND ORDER FOR SALE [CCP 11726 (a), (b)]
28
-- 4 -
 against that entity, or person(s).
15. The property described herein shall be sold in the manner prescribed by law by the
2
levying officer, on proper application for issuance of a writ of sale to the levying officer.
3
16. From the proceeds of sale, the levying officer will pay to plaintiff, after deducting
4
costs of court and expenses of the levy and sale, the sums adjudged due, together with interest at
5 the .annual rate of ten percent ( l 0%) from the date of this judgment.
6 17. If any surplus remains after making the payments specified in paragraph 16, the

7 surplus will be paid by the levying officer to plaintiff Renee Poirier-Pound;

18. From and after delivery of the deed by the levying officer to the purchaser at the
8
sale, defendants and all persons claiming under them, after execution of the deed of trust as lien
9
claimants, judgment creditors, claimants under a junior deed of trust or mortgage, purchasers,
O encumbrancers, or otherwise, are barred and foreclosed from all rights, claims, interests, or equity

L of redemption in the property encumbered by the deed of trust.

Dated: - - - - - - -
Honorable Charlene Kiesselbach
Judge of The Superior Court
City and County Of San Francisco
•
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. ..............
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.........
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•
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 si;ott Hande!maa
"°'": "~evlo Dougherty"

I
ro: "Renee pound"
sec: FW: Polrter-Pound v Slcro ct al case # 2019 580706--Proposed Default JudOfflent
511bJed: Monday, lanuary 11, 2021 3:18:37 PM
pate: P.o1clec·P0uad Y Sjero et al. Judgment of Forectosure and order of Sale 12012020--eouct coov,docx

-
~ttachments:

oear Mr. Dougherty: Just sending this again because the docket now shows another CM Conference
in this case, but we submitted the pror,osed default judsment over a month ago, post-Zoom hearing.
Just wondering?

Thank you,

Scott

Scott F. Handelman, Esq .

Law Offices of Scott f . Handelman
1682 Novato Blvd ., Suite 250
Novato, CA 94947
Tel : (925) 280-2500
Fax: (866) 250-7667
Email: Scott@Handelaw.com

CONfIDENTLA.LITY NOTICE: THIS E·MAll MESSAGE AND ANY ATTAC HMENTS THERETO, I S COVERED BY THE
ELECTRONIC COMMUNI CATIONS PRIVACY t1CT, 1.8 U.S. C. SECTIONS 25l0-2S2 1, AND MAY BE PRI V ILEGED. TH E
INFORMATION CO~JTAINED IN THIS E·MA!L MESS.il.GE IS lNTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL
USE OF THE DESiGNATED RECIPIENTS HEREIN . THIS MESSAGE MAY BE t,N 11.TTORNEY-CUENT COMMUNICATION ,
AND, A5 SUCH, IS PRI VILEGED AND CONFIDENTIAL. ANY UNAUTHORIZED REVI EW. DISSEMI NATION , DISCLOSURE,
DOWNLOADING. OR COPYING OF THIS MESSAGE iS STRICT LY PROHIBITED. IF YOU ARE NOT THE INTE NDED
RECIP1EN T AND HAVE RECEIVED THIS COMMUNICA TION JN E.RROR, PLb\SE NOTIFY US !MMEDIATELY SY TELEPHONE
OR RE?LY E-MAiL. AND DESTROY THE ORIGINt,L. ANY ATP.CHMENTS, AND /\LL COPiES WITHOU'T READING OR

SAVING. THANK YOU.

From: Scott Handelman

Sent: Wednesday, December 2, 2020 3:02 PM
To: Kevin Dougherty <kdougherty@sftc.org>
Cc: Renee Pound <parodux@astound.net>
Subject: Poirier-Pound v Siero et al Case# 2019 580706--Proposed Default Judgment

Dear Judge Kiesselbach and Mr, Dougherty:

Attached is the proposed Judgment for yesterday's DJ prove up Hearing. One addition of note in the
monetary side of the award: We forgot to put add in the property tax payment mv client made in
August 2020. We asked for it in the application, and discussed it during the hearing, but when we
were going through the numbers with you and the Judge I forgot to mention it. Mea culpa.
 /
/ than that, the numbers should match what h
ocner ber 1. Thank you so much for you tt you a~e. 1 have calcu lated the interest th rough
oecern r a entlon to thi s matter .

scott F. Handelman, Esq.

Law Offices of Scott F. Handelman
1682 Novato Blvd ., Suite 250
Novato, CA 9494 7
Tel : (925) 280-2500
Fax: (866) 250-7667
Email: Scott@ Handelaw.com

CONFIDENTiALITY NOTICE' : T HIS E -M1\Il. MESSAGE AND t,NY AHACHMENT'.~ THERETO , IS COVERED SY THE
ELECT RON IC COMMUNiCATIONS PRI VACY ACT , .t8 U.S.C. SECTION S 2510-2521, AND MAY BE PRI VILEGED . THE
INFORMATION CONTAINED IN THIS E- M,'\TL MESSAGE JS INTENDED ONLY FOR THE PERSONAL /,N D CONFlDENTiAL
US E OF THE DESJGNAT ED RECIPIENTS 1-!EREi N. TH l S MESSAGE M1W BE I\N /\TTORN EY-CUENT C:OMM UNiCAT!ON .
A ND, AS SUCH , rs PRIVILEGED AND CO N FWENTIAL. ANY REVICW , DISSEMINATION, DISCLOSURE,
OR COPYING OF HHS M ESSAGE IS STRiCTLY PROHiBITE '.) IF YOU /\RE NOT THE INTENDED
RECIPI ENT AND !-iA\/E RECEIVED THIS COMMUN I CATION IN ERROR, PLE,\SE NOTIFY US IMMEDI ATELY BY TE LEPHONE
OR REPLY E- MAIL, AND DESTROY THE ORIGINAL, ANY ,\TTACHMENTS, /\ND AL L C:OPlES WFHOUT READING OR
SAVING . THANK YOU .
 Scott Handelman
Kevin Douahe1:tv
Renee Pound
Poirier-Pound
Frida V Sieto et al
.-- V, February 19, 2021 .4:30:00
Case No:
PM
19·580706

doear
t Mr.
I · Dougherty·· JUSt check· •
e au t Judgment in above referenced
ing in on pregress
case. of Judge Klesselbach signin
Hearin
Here isthe entry in th d g was on Oecembe, 120 g of the p,oposed
e ocket re th d . 19.
.- ,. . e efault judgment.
\..,\.,,_ I

Co urt is
· continuing
· CMC as follows:

;2o2-i-
-02:1jl. p~~E~ ~ ~GEMENT: CON
AM JN OEPARTM ' ' , , .9F
' FERENCE ·. ,,MAR-10c2021
: ' : ,, : ' , coNTl ' E ' • ' ' '
-OEFENOANt($). ~~TT16C_10 FOR PLAlNTIFf TO"OBTAINDEFAU~tj~TG.OM}~.,..Y-1f 2~1 A T10:30
· . ·.. · E.SENT BY COURT.
,
· . . ENT_AGAINST
, ,

Scott F. Handelman, Esq.

Law Offices of Scott F. Handelman
1682 Novato Blvd., Suite 250
Novato, CA 94947
Tel: (925) 280-2500
Fax: (866) 250-7667
Email: Scott@Handelaw.com

CONFJDENTIAl JTY NOTICE: mrs E-MAIL MESSAGE AND ANY ATTACHMENTS 111ERET0, IS COVERED BY THE
ELECTRONIC COMMUNICATIONS PR!VAC\' ACT, 18 tLS.C. SECTIONS 25ll\ 2521 , AND MM BE PRIVILEGED . THE
INFORMA1JON CONTAINED !N TH !S E- MAIL MESSAGE I S INTENDED ONLY FOR THE PERSONAL AND CONf!DENT!Al
USE OF THE DES!GNA TED RECIPIENTS HERE IIJ. TH JS MESSAGE MAY BE AN ATTORNEY -CLIENT COMHUNICATlON,
AND, AS SUCH, rs PRJV!LEGW AND CONFIDF.NT!Al, ANY UNAUTHORIZED REVIEW , DtSSEMINAllON, DISCLOSURE,
DOWNLOADING, OR COPYING Of TiilS MESSAGE rs STRICTLY l'ROH! BITED, If YOU ARE NOT THE INTENDED
RECI Pl ENT AND HAVE RECEIVED TH l5 COM MUN ICA Tl OH IN ERROR, PLEASE NOT if Y us \MMEO IATEL'i BY TE'.EPHONE
OR REPLY E-MAIL, AND DESTROY THc' ORIGINAL, AN Y ATTACHMENTS, AND ALL COPIE'., WITHOUT READING OR

c: ,WING. THAN K YOU,

 Scott Handelman 2021 1:34 PM

=~~;
Wednesday, March 17,
Kevin Dougherty . t al Case # CGC-19-580706
Poirier:Pou nd v 51 0002.pdf; Poirier-Pound v Siero et al. Judgment of
3172021
pp revised Judgm f Sale 1201 2020--revised 3-17-2021.docx
Foreclosure and Order o

J d ment attached. I attached one version as a PDF,

d see revised Defau It u g ,
Dear Kevin: Per our conversation yester a~ description is the last page in the .pdf.
and another version in WORD. The prope .
d and apart from a little achiness and fatigue, .1t'3

, feeling fine after your first shot. I had my second yester ay

1 hope you re
fine.

Thanks for everything!!

Scott F. Handelman, Esq.

Law Offices of Scott F. Handelman
1682 Novato Blvd., Suite 250
Novato, CA 94947
Tel: (925) 280-2500
Fax: (866) 250-7667
Email: Scott@Handelaw.com

CONFIDENTI.AUTY NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENTS THERETO, IS COVERED BY THE ELECTRONIC COM MUi'HC.~HONS
PR1VACY ACT, 18 U -5. C. SECTIONS 2 510-2521 , AND MAY EIE PRIVILEGED . THE INFORMATION CONTAINED IN TH!S E-MAI L MESSAGE IS
INTENDED ONLY FOR THE PERSO NAL AND CONFIDENTIAL USE: OF THf: DE SIGNATED RE CI PIENTS HEREIN. THIS MESSAGE MAY 6c AN
/".TTORNEY ·CUENT COMMUNICATI ON , AND, AS SUCH, IS PR!V[Lf:(i ED t ,ND CO Nf-1DENTIAL.. ANY UN AUTHORI ZED REVIEW , D ISS EMINATION,
DlSCLOSURE, DOWNLOADING, OR COPYING OF T HIS MESS A(j E JS STRICTLY PROH!l31TED If YOU AR E NOT THE I NTENDED RECIP[ENT AND
HAVE RECEiVED THIS COMMUNICAT ION I N ERROR, PL[ASE NOTIFY US IMM f:DlAT ELY BY TELEPHO NE O R REPLY E - MAlL, A ND DESTROY T HE
OR!GlNAL, AN 'f f..TTACl-1MENT5, AND A LL COPI LS WITHOUT READ ING OR SAVIN G THANK YOU .