- 9 - be determined in accordance with the law of the jurisdiction from which such person’s authority is derived.” However, Robert Hogue failed to provide the Court with documentary evidence necessary to support his contention that he is vested with authority to institute this action on behalf of Rancho Residential under the law of any relevant jurisdiction. As previously discussed, Rancho Residential presented the Court with a purported trust instrument, dated August 15, 1996. The preamble of the purported trust instrument identifies a Jeffery Williams and a Douglas Carpa as “trustees”. Further, paragraph Ninth of the purported trust instrument explicitly requires the trustees to execute the purported trust instrument accepting their appointment on behalf of American Financial Services as trustees for Rancho Residential. However, only Jeffery Williams executed the purported trust instrument accepting his appointment on behalf of American Financial Services as a trustee for Rancho Residential. In contrast, Douglas Carpa did not execute the purported trust instrument accepting his appointment on behalf of American Financial Services as a trustee for Rancho Residential. Therefore, Douglas Carpa is not a trustee for Rancho Residential. Accordingly, Douglas Carpa’s purported appointment, in his capacity as the “Resigning Trustee for American Common Trust”, of Robert Hogue asPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011