Rancho Residential Services Trust, Robert Hogue, Trustee - Page 7




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          behalf of American Financial Services as a trustee for Rancho                
          Residential.  In contrast, there is nothing in the document (or              
          otherwise in the record) demonstrating that Douglas Carpa                    
          purported to accept his appointment on behalf of American                    
          Financial Services as a trustee for Rancho Residential.                      
               The appointment document provides, in pertinent part, as                
          follows:                                                                     
               TO ALL PERSONS, be it known that Douglas J. Carpa,                      
               Trust Officer for American Common Trust,[7] tenders his                 
               resignation on behalf of American Common Trust as                       
               Trustee for Rancho Residential Facility Trust.  My                      
               final act as trustee is to appoint the Successor-                       
               Trustee(s).  He shall be Mr. Bob Hogue.                                 
          On July 15, 1997, Douglas J. Carpa purportedly executed this                 
          instrument in his capacity as “Resigning Trustee for American                
          Common Trust”.                                                               
               E.  Hearing on Respondent’s Motion                                      
               This matter was called for hearing at the Court’s trial                 
          session in San Francisco, California.  Counsel for respondent                
          appeared at the hearing and offered argument and evidence in                 
          support of respondent’s motion to dismiss.                                   
               Robert Hogue appeared pro se, purportedly on behalf of                  
          Rancho Residential.  The only evidence he offered was his naked              
          assertion that he is entitled to appear on behalf of Rancho                  



               7  American Common Trust, whose “home situs” is reputedly in            
          the Republic of Panama, is not otherwise identified in the                   
          record.                                                                      





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