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behalf of American Financial Services as a trustee for Sunshine
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 Sunshine Residential.
The purported resignation 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 Sunshine 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
Sunshine Residential. The only evidence he offered was his naked
assertion that he is entitled to appear on behalf of Sunshine
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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Last modified: May 25, 2011