Mark William Benedict and Shannon Renee Benedict
Case No: 1417443
Hearing Date: Tue Aug 27, 2019 10:30

Nature of Proceedings: OSC re Contempt

OSC re Contempt

Attorneys:

Respondent [“Shannon”] in pro per

Petitioner and Citee [“Citee”] in pro per

Ruling: We will be proceed with the trial at 10:30 or as soon thereafter as the Court can get to it.

Background

On 8/6/2019 Citee appeared on Shannon’s OSC re Contempt; Citee was represented by Elizabeth E. Vogt; Shannon was in pro per. Citee was arraigned and plead not guilty. The matter was continued to 8/27/19 at 10:30 am.

Shannon’s OSC re contempt was filed 4/29/19

It has been continued many times; alleges that Citee failed to pay an equalizing note of $100,000 that was due 12/2018; testifies that it was not paid albeit the note was secured by a deed of trust.

Citee’s Response

On 7/10 Mark filed a Response and testified that the $100,000 was paid off in 9/2015; attaches documentation dated September 21, 2015 (Recorded Deed of Trust and Full Reconveyance signed and dated September 21, 2015, by Shannon.

On 8/13 Shannon filed a declaration and testified:

In response to the Citee’s Responsive Declaration to Contempt citation dated July 10, 2019, she was approached by Citee in September of 2015, he was in the middle of trying to refinance 1919 Red Rose Way to comply with Page 4-5 Section 7, C of their Judgment of Dissolution, stating that he needed to refinance 1919 Red Rose Way to remove Shannon Benedict’s name on the mortgage before December 11, 2018.

Citee stated to Shannon that he was unable to refinance 1919 Red Rose Way with Shannon having a $100,000 Deed of Trust on the property; he requested the Deed of Trust and Promissory note be removed from 1919 Red Rose Way, and a new Deed of Trust and Promissory note to replace it on his 985 Alameda Padre Serra property; Shannon agreed, wanting to have her name removed from the mortgage of $531,952; Citee promised he would follow through executing the Equalizing Payment.

On September 21, 2015 Shannon signed a Full Reconveyance of 1919 Red Rose Way; to replace it a new Deed of Trust and Promissory Note on 985 Alameda Padre was signed; [attaches the replacement Deed of Trust and Promissory note]; the new Deed of Trust on 985 Alameda Padre had the same stipulations as the original on 1919 Red Rose Way to comply with their Judgment of Dissolution.

On December 11, 2018 she did not receive the Equalizing payment of $100,000; she began to contact Citee sending him emails on February 24, and May 1, 2019, as to what his plans were to making the Equalizing Payment; Citee’s Response was that according to California Civil Code Section 2924 he was not responsible for payment until 90 days after the proper delivery or mailing of required balloon payment notice per 2924; she was unaware of needing to send him any notices of payment; to cover her bases she sent Citee a Notice of Balloon Payment Due by Certified Mail on 05-02-19; he signed for it on 05-06-19 [attaches Notice and Proof of Receipt].

Court’s Conclusions

We will be ready to proceed at 10:30