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Feather River Bulletin
Quincy, California
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May 5, 2010     Feather River Bulletin
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May 5, 2010
 

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12A Wednesday, May 5, 2010 Feather River Bulletin COURT, from page 1A the court. That, Colantuono wrote, is an "unprecedented violation of the separation of powers doctrine." He argued, basically, that it is within the hospital district's authority to decide all three matters, and that the legal branch has no right to step in. The petitioners main- tained, however, that several election dates, including a District Hospital can alterlegislative, circulating, or the ballot language that the other title and summary of petitioners set forth in their the measure ..." initiative. According to the But the opposition noted petitioners, "PDH has, without that this code refers solely to authority, changed the question state elections. It reads, "The to be presented to the voters." Attorney General, shall Colantuono countered that provide and return to the the district, not the peti- Secretary of State a ballot tioners, has the authority to title and summary and ballot draft the ballot question, label for each measure sub- "Elections Code 10403 pro- mitted to the voters ..." vides that the .district set Colantuono was aware the forth the exact form of any code refers to state elections, proposition to be voted upon because he calls it a "state general election in June, have been missed because the hospital has purposely im- peded the initiative process (which is detailed in the petitioners' Application For Ruling On Writ Of Mandate, pp. 4-6). The primary matter in this case is whether or not Plumas at an election requested to be requirement." He continued, "Petitioners, consolidated." The proposi. tion "shall cofiform to this code governing the wording of propositions submitted to the voters at a statewide election." He quoted code section 9051(b): "The ballot title and summary may differ from the Chief Robbie Cassou CASSOU, from page 1A In the meantime, Deputy Chief David Windle and As- sistant Chief Ray Nichol have assumed responsibility for the fire department. Cassou's wife, Julie, said the flow of visitors has been overwhelming, however she and Robbie have asked every- one to try and give him a break so he can get some rest and speed his recovery time: Cassou has been with the department for 29 years and was named chief in January 2007. like all initiative proponents, would like to control the form of ballot question... (but) pro- ponents of statewide, county- wide and municipal initia- tives do not have authority to write their ballot questions. No public policy reason exists to extend to propo- nents of district initiative measures a right that no other imitative proponent in the state enjoys." In his "Ex Parte Applica- tion For Ruling," Bret Cook, attorney for the petitioners, pointed out, "PDH is a district of limited powers ... governed by Elections Code 9300." That code refers specifically to initiative measures sub- mitted to voters in district elections. (Division 9, Chap- ter 4, Article 1 of the Elec- tions Code) "Nowhere," con- tinued Cook, "under 9300 is PDH authorized to alter the initiative language or to PUBLIC NOTICES Proposed name change TRUSTEE SALE INFORMATION PLEASE SUPERIOR COURT OF CALIFORNIA, CALL: NATIONWIDE POSTING & PUBLI- COUNTY OF PLUMAS CATION, INC. 4080 PLAZA GOLDORADO 520 Main St., Room 104, Quincy, CA 95971 CIRCLE, SUITE E, CAMERON PARK, CA Petition of CHASE RYAN YOST for change 95682 (530) 672-3033, www.nationwide- of name posting.cam NDEx West L.L.C. MAY BE ORDER TO SHOW CAUSE FOR CHANGE ACTING AS A DEBT COLLECTOR OF NAME ATTEMPTING TO COLLECT A DEBT• ANY Case Number: CV10-00099 INFORMATION OBTAINED WILL BE USED TO ALL INTERESTED PERSONS: FOR THAT PURPOSE• NDEx West, L.L.C. Petitioner Chase Ryan Yost filed a petition as Authorized Agent, BY: Ric Juarez Dated: with this court for a decree changing names 04/23/10 NPP0157450 04/28/10, 05/05/10, as follows: 05/12/10 Present name: Chase Ryan Yost to Proposed Published FRB, April 28, May 5, 12, 2010 name: Chase Ryan Shirley. THE COURT ORDERS that all persons inter- Highway 70, ested in this matter shall appear before this Cromberg property sale court at the heanng indicated I~elew to show NOTICE OF TRUSTEES SALE T.S No. cause, if any, why the petition for change of 1123498-11 APN;. 122-130-030 TRA: name should not be granted. Any person 053083 LOAN NO: Xxxxxx0153 REF: Gdffin objecting to the name changes described Jr, George IMPORTANT NOTICE TO above must file a written objection that PROPERTY OWNER: YOU ARE IN includes the reasons for the objection atlbast DEFAULT 'UNDEW A DEED OF TRUST, two court days be, fore the matter is so, heal, uteri, ~ 0ATEO Noveml~r.~, 2001. UNLESS YOU to be heard and must appear at the headng io :.TAKE ACTION TO I~I~OI~ECT YOUR PROP- show cause why the petition should not be ERTY, IT MAY BE SOLD AT A PUBLIC granted. If no written objection ks timely filed, SALE. IF YOU NEED AN EXPLANATION the court may grant the petition without a OF THE NATURE OF THE PROCEEDING heanng. AGAINST YOU, YOU SHOULD CONTACT NOTICE OF HEARING A LAWYER. On May 18, 2010, at 11:00am, Date: May 10, 2010 Cal-Westem Reconveyance Corporation, as Time: 9:30 a.m., Dept. Two. duly appointed trustee under and pursuant The address of the court is same as noted to Deed of Trust recorded November 30, above. 2001, as Inst. No. 2001-10424 in book XX, A copy of this Order to Show Cause shall be page XX of Official Records in the office of published at least once each week for four the County Recorder of Plumes County, successive weeks prior to the date set for State of California, executed by George J. hearing on the petition in the following news- Griffin Jr., A Married Man As His Sole and paper of general circulation, pdnted in this Saperate Property, will sell at public auction county (specify newspaper): Feather River to highest bidder for cash, cashier's check Bulletin. drawn on a state or national bank, a check Date: April 8, 2010• drawn by a state or federal credit union, or a Is/Janet Hilde, Judge of the Supenor Court, check drawn by a state or federal savings Filed: April 8, 2010 and loan association, savings association, or Deborah Norrie, Clerk of the Court, savings bank At the main street entrance to By P. Marchetti, Deputy Clerk the county courthouse, 504 Main Street Publish FRB Quincy, California, all nght, title and interest April 14, 21, 28, May 5, 2010 conveyed to and now held by it under said Deed of Trust in the prope~ situated in said Purdy Lane, County and State described as: Completely Quincy property sale described in said deed of trust The street NOTICE OF TRUSTEE'S SALE Trustee address and other common designation, if Sale No.: 20100134000263 Title Order No.: any, of the real property described above is 100026841FHNVNPMINo.: YOUAREIN purported to be: 58731 Highway 70 DEFAULT UNDER A DEED OF TRUST, Cmmberg CA 96103 The undersigned DATED 05/25/06. UNLESS YOU TAKE Trustee disclaims any liability for any incor- ACTION TO PROTECT YOUR PROPERTY, rectness of the street address and other IT MAY BE SOLD AT A PUBLIC SALE. IF common designation, if any, shown herein. YOU NEED AN EXPLANATION OF THE Said sale will be held, but without covenant NATURE OF THE PROCEEDING AGAINST or warranty, express or implied, regarding YOU, YOU SHOULD CONTACT A title, possession, condition or encum- LAWYER. NDEx West, LLC, as duly brancas, including tees, charges and appointed Trustee under and pursuant to expenses of the Trustee and of the trusts Deed of Trust Recorded on 06/05106, as created by said Deed of Trust, to pay the Instrument No. 2006-0004564 of official remaining principal sums of the note(s) records in the office of the County Recorder secured by said Deed of Trust. The total of PLUMAS County, State of California. amount of the unpaid balance of the obliga- EXECUTED BY: SARAH E CHRIS- tion secured by the property to be sold and TENSEN, WILL SELL AT PUBLIC AUCTION reasonable estimated costs, expenses and TO HIGHEST BIDDER FOR CASH, advances at the time of the initlal publication CASHIER'S CHECK/CASH EQUIVALENT of the Notice of Sale ks: $174,713.85. If the or other form of payment authonzed by Trustee is unable to cenveytitle forany rea- 2924h(b), (payable at time of sale in lawful . son, the successful bidder's sole and exclu- money of the United States) DATE OF SALE: May 18, 2010 TIME OF SALE: 11:00 AM PLACE OF SALE: At the Main Street entrance to the County Courthouse at 520 Main Street, Quincy, CA. STREET ADDRESS and other common designation, if any, of the real property described above is purported to be: 41473 PURDY LANE, QUINCY, CA 95971. APN# 005-470-047 The undersigned Trustee disclaims any lia- bility for any incorrectness of the street address and other common designation, if 'any, shown herein• Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining pnnci- pat sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust• The total amount of the unpaid balance of the obliga- tion secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $316,683.57. The beneficiary under said Deed of Trust hereto- fore executed and delivered to the under- signed a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The under- signed caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. FOR sive remedy shall be the return of monies paid to the Trustee, and the successful bid- der shall have no further recourse. The ben- eficlary under said Deed of Trust heretofore executed and delivered to the undersigned a written declaration of Default and Demand for~ale, and a written Notice of Default and ,Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. Regarding the property that is the subject of this notice of sale, the "mortgage loan servicer" as defined in civil code § 2923.63(k)(3) declares that it has not obtained from the commissioner a final or temporary order of exemption pursuant to civil code section 2923.53 that is current and valid on the date this notice of sale ks record- ed. the time frame for giving a notice of sale specified in civil code section 2923.52 subdi- vision (a) does not apply to this notice of sale pursuant to civil code sections 2923.52 or 2923.55. NOTICE OF TRUSTEE'S SALE EXHIBIT "A" Trustee Sale No. 1123498-11 Loan No. XXXXXX0153 The mortgagee, beneficiary or authorized agent for the mort- gagee or beneficiary pursuant to California Civil Code § 2923.5(c) declares, while con- tact was not made with the borrower, that the mortgagee, beneficiary or the mortgagee's or beneficiary's authorized agent made the following efforts to contact the borrower:. Attempted not less than 39 times to contact the borrower at the borrower's primary tele- phone number in the lender's or loan ear- vicer's file. Mailed letter(s) to borrower advis- ing the borrower: (1) of the lender's (or lender's authorized agent's) desire to speak to borrower to assess the borrower's finan- cial situation and to explore options for the borrower to avoid foreclosure; (2) of the lender's (or lender's authorized agent's) toll- free number to contact the lender or the lender's authorized agent; and, (3) of the toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency. For sales information: Mon-Fri 9:00am to 4:00pro (619) 590-1221. Cal-Westem Reconveyance Corporation, 525 East Main Street, P.O. Box 22004, El Cajon, CA 92022-9004 Dated: April 13, 2010. (R-310030 04128110, 05/05/10, 05/12/I0) Published FRB, April 28, May 5, 12, 2010 W. Main Street, Quincy property sale T.S; No. 09q4752;88Loan No. 100304609 NOTICE OF TRUSTEES SALE A copy. of Californla Civil Code Section 2923.54 (SB 7) declaration is attached hereto and incorpo- rated herein by reference. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 5/11/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the high- set bidder for cash, caller's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan ass~lation, or savings association, or sav- ings bank specified in Section 5102 of the Financial Code and authonzed to do busi- ness in this state will he held by the duty appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described below. The sale will be made, but without covenant or warranty~ expressed or implied, regarding title, pos- session, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publica- tion of the Notice of Sale) reasonably esti- mated to be set forth below. The amount may be greater on the day of sale. Trustor: Roger Botts and Kathy Betts, Husband and Wife as Joint Tenants Duly Appointed Truslee: The Wolf Firm, A Law Corporation Recorded 05/25/2006 as Instrument No. 2006-0004314 in book, page and rerecord: ed on --- as --, of Official Records in the office of the Reco~ of Plumas County, California, Date of Sale: 5/20/2010 at 11:00 AM Place of Sale: At the front steps of the County Courthouse, 520 Main St., Quincy, CA Amount of unpaid balance and other charges: $212,324.86, estimated Street Address or other common designation of real property: 638 West Main Street , Quincy, CA95971 A.P.N.: 115-052-002 asto Parcel 1 and 115-O52-007 as to parcel 2 The undersigned Trustee disclaims any liability for my incorrectness of the street address or Other common designation, if any, shown above. If no street address or other com- mon designation is shown, directions to the location of the propeW may be obta'~d by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. Date: 4/21/2010 The Wolf Firm, A Law Coq)orafen 2955 Main Street, 2nd Floor Irvine, California 92614 (949) 720-9200 Foreclosure Dept. Fax (949) 608-0130 Sale tntormat'~ Only: (714) 573- 1965 Ranee C. Murray, Foreclosure Manager Declaration to the Notice of Sale as required by California Civil Code Section 2923.54 (1) The mortgage loan servicer has obtained from the commissioner a final or temporary order of exemption pumuant to Section 2923.53 that is current and valid on the date this Notice of Sale ks filed. (2) The timaframe for giving notice of sale as speci- fied in subdivksion (a) of Section 2923.52 does not apply pursuant to Section 2923.52 or 2923.55. Debra Lyman Signature Debra Lyman Print Your Name Vice President Pnnt Your T~ Litton Loan Sarvicing, LP Pnnt Company Name Mortgage Loan Servicer P691179 4/28, 5/5, 05/12/2010 Published FRB April 28, May 5, 12, 2010 provide a ballot label." Cook also pointed out the code is specific in reference to both state and county elec- tions in stating who will write the ballot label. In the case of the state, the task falls to the attorney general, and in county elections, it's the county counsel who deter- mines a "true and impartial ballot title and summary." Elections Code 9300 doesn't designate anyone to write the "ballot title, summary and label." PDH, he reasoned, "can't assume to itseff powers it does not have." Further, he pointed out "that the entire initiative, including title, is approximately 51 words long," and argued, "the entire initiative should be presented on the ballot." Judge Kelly heard from hos- pital attorney Steve Gross, standing in for Colantuono, who argued PDH hadn't had time to file a proper response given such short notice. Kelly asked what the hospi- tal intended to file, and Gross told him it planned to obtain declarations from the hospi- tal's Chief Executive Officer Dick Hathaway and board president Dr. Mark Satter- field. He added they might seek a declaration from the elections official, Kathy Williams, as well. He asked for 10 days to respond. Kelly admitted he expected the request for a continuance. He consulted with Interim County Counsel Brian Mor- ris, who was in attendance, to determine the latest possible date for a response that also would allow the petitioners' request for an August elec- tion to come before the Board of Supervisors, a necessary step for a special election• Kelly determined that May 10 was the latest date possible for the hearing and then set May 5, at close of business, as the deadline for a response from the hospital. He then gave Cook, the petitioners' attorney, until May 7 to file a response to the hospital's response. Kelly set the next court date for May 10, at 1:30 p.m. At its latest board meeting, the governing board of Plumas Unified School Dis- trict adopted resolutions rec- ognizing the contributions of the Plumas County teachers and classified staff. The first resolution, recog- nizing teachers, read: "WHEREAS, teachers work to open children's minds to ideas, knowledge and dreams; and WHEREAS, teachers 'keep American democracy alive by laying the foundation for good citizenship; and WHEREAS, teachers fill many roles, as listeners, ex- plorers, role models, motiva- tors and mentors; and WHEREAS, teachers con- tinue to influence us long af- ter our school days are only memories; and WHEREAS, the teachers of Plumas County Office of Edu- cation and Plumas Unified School district have done a remarkable job given the cir- cumstances with respect to the budget; NOW THEREFORE, I, Glenn R. Harris, serving as Superintendent of Plumas County Schools, and on be- half of the members of the Governing Board and the Administration, do hereby recognize and wish to honor the contribution of the teachers to quality education in the State of California and in Plumas County and declare the week of May 2 to the 8, 2010 as the week to honor the teachers of Plumas County." To show its appreciation, the district will provide lunch to all teaching staff at each school site during the week of May 24, 201~. . The'second resolution, rec- ognizing classified staff, read: "WHEREAS, classified profes- sionals provide valuable ser- vices to the schools and stu- dents of the Piumas County Office of Education and the Plumas Unified School Dis- trict; and WHEREAS, classified pro) fessionals contribute to the establishment and promotion of a positive instructional en- vironment; and WHEREAS, classified pro- fessionals serve a vital role in providing for the welfare and safety of the students of Plumas County Office of Edu- cation:and Plumas Unified School District; and WHEREAS, classified pro- fessionals employed by the Plumas County Office of Edu- cation and Plumas Unified School District strive for ex- cellence in all areas relative to the educational community;. NOW THEREFORE, I, Glenn R. Harris, serving as Superintendent of Plumas County Schools and on behalf of the members of the Governing Board and the Administration, do hereby recognize and wish to honor the contribution of the classi- fied professionals to quality education in the State of Cali- fornia and in Plumas County and declare the third week of May ~ach year as Classified School Employees Week in Plumas County. In a show of appreciation, a lunch will also be provided to all classified staff at each school site during the week of May 24. BERGSTRAND, from page 1A When asked if a public record request could be made for a settlement document in the Bergstrand matter, Morris wasn't a settlement document or anything like that in this case. Essentially that means Bergstrand didn't win his appeal and his separation from county employment responded there remainsineffect. UPWARD BOUND is having informational parent meetings to recruit current 8th and 9th graders for the Upward Bound* Program The following meetings will be held at 6:30pm May 3 --- Quincy High School May 4 "" Portola High School May 5 --- Chester High School May 6 -- Westwood High School May 11-- Greenville High School Upward Bound provides: academic and career counseling, co[lege and scholarship information, tutoring, college campus tours, field trips and a free six week summer camp. Call for more information: 530.283-0202, ext. 266 Paid for by a U.S. Department of Education Grant, *Income & educfition restriction apply College