HomeMy WebLinkAbout05.14.25 Fwd_ URGENT RE_ Case Number_ CE24-00712 - Aaron Weinburg Property.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
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From:RLM
To:Teeter, Doug; Clerk of the Board; codeenforcement@buttecounty.net
Subject:Fwd: URGENT RE: Case Number: CE24-00712 - Aaron Weinburg Property
Date:Wednesday, May 14, 2025 10:34:47 AM
Attachments:Butte Co Trespass Form copy 2.pdf
Complaint Miller Peak copy.pdf
Miller Peak Unlawful Retainer copy.pdf
also, please note the forwarded email is from my real estate agent and his timeline of the
events as he observed them occurring. Also, attached are several supporting documents.
Again, please note there was an active eviction initiate by me on the property and I was told
clearly that I was not allowed to enter the property until the eviction was completed. The
timeline for this was between June 2024 and October 2024.
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---------- Forwarded message ---------
From: MARIO JOHN GATTAVARA <marioisrealestate@yahoo.com>
Date: Tue, May 13, 2025 at 09:28
Subject: URGENT RE: Case Number: CE24-00712 - Aaron Weinberg Property
To: dlaugenour@buttecounty.net <dlaugenour@buttecounty.net>, mfuchs@buttecounty.net
<mfuchs@buttecounty.net>, cjellison@buttcounty.net <cjellison@buttcounty.net>,
kekkelboom@buttecounty.net <kekkelboom@buttecounty.net>, btauchman@buttecounty.net
<btauchman@buttecounty.net>, llee@buttecounty.net <llee@buttecounty.net>
CC: RLM <reallandmanagementllc@gmail.com>, Timothy Ferris <ferrislaw@yahoo.com>
Good morning all,
I reached out to Chris Jellison at Butte County Development Services last week by phone message and email and have not heard back.
I was wondering if someone could reach out to me and direct me who I need to speak to directly to square this issue away?
My client Aaron Weinberg is in process of selling his land at AP#058-200-066 Miller Peak Road, Oroville, Ca 95965 60 acres, and we
were just made aware of a potential lien that was being filed in the shadows of an active eviction of squatters case (case#24UD00954) on
the land by Aaron Wienburg. This is an unfortunate scenario where I feel this was not handled in a manner of communication amongst
county departments in error or oversight.
Chain of events:
-Aaron Weinberg sold this land to Clifford Williams which closed on or around 2/28/2023 carrying back the paper.
-Aaron Weinburg filed foreclosure after Clifford Williams made 0 payments for months on end; 6+/-.
-Aaron finalized the foreclosure in the beggining of February 2024, No Trespassing signs were posted.
-Aaron retained our office to get this property on the market immediately after the finalizing of the foreclosure and we placed the property
for sale 2/19/2024 at his request. We pulled up to locked gates and informed Aaron he needed to make property accessible for us to
show. -Upon listing we scheduled showings for this land and my agent Antonio Cisneros pulled up to an opened gate at which he called me and
stated that it appeared Clifford Williams and additional occupants were occupying the premises along with what Antonio stated looked to
be a mass Marijuana grow. I instructed him to leave immediately due to safety concerns and reached out to Aaron Weinburg right awayinforming him we would not be showing the land until he dealt with the squatters. He immediately went to work contacting the sherriffs
department reporting a grow, contacted an attorney to file an unlawful detainer action, and even wanted to send a bulldozer up to
eradicate the squatters camps and mess but was informed by the sheriffs office not to enter the land until after the eviction took place and
was finalized.
-My client was in direct communication with the Sheriffs department. My agent Antonio Cisneros even accompanied the sheriffs up to the
land at a later time to attempt service of the occupants at one point. The sherriffs were having a hard time connecting to serve the
occupants.
-Aaron Weinberg was actively working to eradicate the squatters and whatever mess they had. -Immediately following the eviction taking place and the individuals removed from premises, Aaron sent a bulldozer crew out to demolish
and pile up the debris on property. The prior occupants left a mass amount of cars, greenhouses and junk and trailers for Aaron to deal
with.
-UNKNOWN TO AARON, Case CE24-00712 WAS TAKING PLACE IN THE SHADOWS OF THE EVICTION PROCEEDINGS, WHILE
BUTTE COUNTY WAS ATTEMPTING TO NOTIFY AARON AT AN OLD ADDRESS WITH ITEMS BEING RETURNED IN THE MAILBACK TO SENDER. Aaron had no idea this was taking place. However, Aaron was in direct contact with the sherifs department and
in a court proceeding to vacate the squatters while this paperwork/case was being filed in the shadows, which we find odd no one put twoand two together to directly reach out to Aaron through these means to advise of Case#CE24-00712 that was taking place.
-Following eviction finalizing and Aarons bulldozer crew leaving to address the mess the squatters left behind, we re listed the property,
obtained the neighbor as a buyer just recently who is looking forward to owning the land in good stewardship and were just made aware
of this ridiculous lien filed while an active eviction and court proceeding was taking place on this property at the same time.
Bottom line here, Aaron is the one that reported the grow which sparked all this as he
was actively trying to vacate the squatters with the Sheriffs office and court proceedings,
get the property cleaned up and ready to sell. We now have this lien that was just
brought to our attention which seems a bit redundant due to what was actively taking
place legally and judicially on the land at the same time and initiated prior.
Please advise best contact and who to speak with so we can square this away and clear this
up.
All of these happenings regarding the case CE24-00712 could have been avoided with
communication and realizing legal proceedings were already taking place on this land.
Attaching Butte County Trespass Arrest Authorization, Civil Case Filing for unlawful detainer
as well as verification of retainer.
I appreciate your help on this.
Thank you,
Mario John Gattavara, Realtor ® Owner/Broker
Country Home, Land & Outdoor Properties
Coldwell Banker Lifestyle Properties
Cell Direct: (530)588-8373
Dre Lic#: 01368823
BUTTE COUNTY SHERIFF’S OFFICE
TRESPASS ARREST AUTHORIZATION
Begin Date Expiration
(Date not to exceed 12 months from beginning date)
TO: Butte County Sheriff’s Office (530) 538-7321
ATTN: Operations / Services Divisions
5 Gillick Way
Oroville, California 95965
FROM:
(Please PRINT Last Name, First, Middle) (Date of Birth)
Address: Business Phone:
City/State/Zip: Voice Mail:
Home Phone: Fax Number:
I am the owner, owner’s agent, person in lawful possession of the property located at:
(Please PRINT full address, including apartment number or name of business, etc.)
The property is an apartment house, business, private residence, vacant lot.
The on-site or emergency contact person is:
(Please PRINT name, address and phone number)
I authorize the Butte County Sheriff’s Office (BCSO) to arrest for trespassing, under Section 602 of the California Penal Code, any
persons found on the property without my consent or without lawful purpose. I certify that:
The above described property is never open to members of the general public and is currently posted as being closed to
members of the general public.
The above described property is not open to members of the general public between the hours of _________ and _________,
and currently posted as being closed to members of the general public between the hours of __________ and __________.
I hereby request the Butte County Sheriff’s Office and each officer of the Butte County Sheriff’s Office to ask any person to leave the
above described property any time such property is not open to members of the general public where such person is: (i) not a tenant
lawfully in possession of the property or any part thereof pursuant to a lease, sublease or rental agreement executed by myself or my
agent, or, (ii) where such person has not entered upon the property and/or does not remain on the property at the invitation of and/or
consent of myself, my agent or any such tenant. My agent or I will cooperate in the prosecution of persons arrested for those offenses.
I understand that in accordance with the provisions of Section 602(o) of the California Penal Code, a single request for a peace officer’s
assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as
being closed. The requestor shall inform the law enforcement agency to which the request was made when the assistance is no longer
desired, before the period not exceeding 12 months expires. The request for assistance shall expire upon transfer of ownership of the
property or upon a change in the person in lawful possession.
Date Signature
PRINT NAME:
BCSO ONLY (Received Date): REPORTING OFFICER:
DISPATCH – BOLO ENTRY: UPDATE CALL-OUT:
-1-
COMPLAINT FOR UNLAWFUL DETAINER FOLLOWING FORECLOSURE ON DEED OF TRUST
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Samuel Harvey, SBN 317193
Dirk D. Potter, SBN 107091
JACOBS, ANDERSON, POTTER, HARVEY & CECIL, LLP
20 Independence Circle
Chico, CA 95973
Phone: (530) 342-6144
Fax: (530) 342-6310
Attorney for Plaintiff,
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF BUTTE – Limited Civil Case
Aaron Weinberg, CASE NO.
Plaintiff, COMPLAINT FOR UNLAWFUL
DETAINER FOLLOWING
vs. FORECLOSURE ON DEED
OF TRUST
Clifford Williams III, Clifford Williams IV
and DOES 1-10, inclusive, [CCP §1161a]
Defendants. /
Plaintiff alleges:
1. Plaintiff, Aaron Weinberg, is the owner of the real property located at APN 058-200-
006-000, Concow, CA 95965.
2. Plaintiff is ignorant of the true names and capacities of defendants sued herein as
DOES 1-10, inclusive, and therefore sue these defendants by such fictitious names. Plaintiff will
amend this complaint to allege their true names and capacities when ascertained. Plaintiff is
informed and believes and thereon alleges that each of the fictitiously named defendants are
responsible in some manner for the occurrences herein alleged, and that plaintiff’s damages as
herein alleged were proximately caused by such defendants.
3. Plaintiff is informed and believes, and on the basis of such information and belief
alleges, that at all times herein mentioned, Defendants were, and are now, individuals over the
age of eighteen (18) and residing in the County of Butte, State of California.
-2-
COMPLAINT FOR UNLAWFUL DETAINER FOLLOWING FORECLOSURE ON DEED OF TRUST
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4. The real property which is the subject of this action is located at APN 058-200-006-
000, Concow, CA 95965 and is referred to hereafter as “the premises”.
5. By virtue of a Trustee’s Deed Upon Sale executed by Mid Valley Title and Escrow
Company, as Trustee, hereinafter referred to as “the Trustee”, and delivered to plaintiff as
hereinafter alleged, plaintiff is entitled to possession of the real property known as APN 058-
200-006-000, Concow, CA 95965.
6. Defendants executed a Deed of Trust and Assignment of Rents. By virtue of the Deed
of Trust and Assignment of Rents, defendants, as trustor, conveyed the real property located at
APN 058-200-006-000, Concow, CA 95965 to the trustee to secure payment of the trustors,
which Deed of Trust and Assignment of Rents was recorded in the Official Records of the
County of Butte, State of California on February 28, 2023, instrument number 2023-006233.
7. Defendants, as trustor, defaulted in the payment of their promissory note and,
thereafter, at the request of the trustee, in accordance with section 2924 of the California Civil
Code, caused to be recorded in the official records of the office of the County Recorder of Butte
County, California on October 11, 2023, instrument number 2023-0027362, a notice of default
and breach of conditions of the trust deed and its election to sell the property under the power of
sale contained in the trust deed to satisfy the obligation secured by the trust deed. The notice of
default contained the statement specified in paragraph (1) of subdivision (b) of Section 2924c of
the California Civil Code.
8. More than three months after the notice of default was recorded, the trustee, as
required by Section 2924 of the California Civil Code, gave notice in the manner and form
required by Section 2924f of the California Civil Code that the property would be sold on
February 14, 2024 at public auction, to satisfy the obligations secured by the trust deed and
caused the notice of sale to be recorded in the office of the County Recorder of Butte County,
California.
9. Defendants, as trustor, failed to cure the default and at the time and place noticed for
sale, the trustee duly sold the property to plaintiff, who was the highest bidder and, at that time,
-3-
COMPLAINT FOR UNLAWFUL DETAINER FOLLOWING FORECLOSURE ON DEED OF TRUST
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executed and delivered to plaintiff, a deed for the property. A true and correct copy of the
Trustee’s Deed Upon Sale is attached hereto as Exhibit “1" and made a part hereof.
10. At the time of the sale, the defendants were in possession of the premises and
defendants have remained in possession after the sale.
11. On March 6, 2024, plaintiff caused to be served on defendants a written notice
stating that plaintiff had purchased the property and that title had been duly perfected, along with
a Three (3) Day Notice to Quit, demanding that defendants quit the premises. A true and
correct copy of the notice is attached hereto as Exhibit “2" and made a part hereof.
12. More than three (3) days have elapsed since the service of said notice on defendants,
and defendants have failed and refused to deliver up possession of the premises within the period
specified in the notice. Defendants continue in possession of the premises without plaintiff’s
permission or consent.
13. The reasonable daily rental value of the premises is the sum of forty ($40.00) Dollars
and damages to plaintiff caused by defendants’ unlawful detention of the premises have accrued
at such rate since March 11, 2024 and will continue to accrue as long as defendants remain in
possession of the premises.
14. An unlawful detainer assistant did not for compensation give advice or assistance
with this form.
WHEREFORE, plaintiff prays for judgment against defendants, and each of them, as
follows:
1. For restitution and possession of the premises;
2. For damages at the rate of $40.00 per day from and after March 11, 2024, for each day
that defendants continue in possession of the premises;
3. For costs of suit; and,
4. For such other and further relief as the court deems proper.
Dated: March 18, 2024 ___________________________________
SAMUEL HARVEY
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COMPLAINT FOR UNLAWFUL DETAINER FOLLOWING FORECLOSURE ON DEED OF TRUST
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VERIFICATION
I, AARON WEINBERG, declare as follows:
1. I am the Plaintiff in this matter.
2. I have read the foregoing Complaint for Unlawful Detainer and attachments thereto
know the contents thereof.
3. I am informed and believe, and thereon allege, that the matters stated therein are true
of my own knowledge, except as to those matters which are therein alleged on information and
belief and, as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on March 18, 2024 at ___________________,
____________________.
_____________________________
AARON WEINBERG
UD-120
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
CASE NUMBER:VERIFICATION BY LANDLORD REGARDING
1. The landlord of the property at issue in this case is (name):
2. All of the following statements are true:
a. Landlord has not received rental assistance or other financial compensation from any other source corresponding to the
amount demanded in the notice underlying the complaint in this action.
Form Adopted for Mandatory Use
Judicial Council of California VERIFICATION BY LANDLORD REGARDING Health & Safety Code, § 50897.3(e)(2)
UD-120 [Rev. July 16, 2022]
Page 1 of 1
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
www.courts.ca.gov
This form must be filed by the plaintiff with any request for default judgment in any unlawful detainer action seeking possession of
residential property based on nonpayment of rent or any other financial obligation under a lease. It may also be used at other times
as appropriate or when requested by a judicial officer.
b. Landlord has not received rental assistance or other financial compensation from any other source for rent accruing after
the date of the notice underlying the complaint in this action.
c.
d.
Landlord does not have any pending application for rental assistance or other financial compensation from any other
source corresponding to the amount demanded in the notice underlying the complaint in this action.
Landlord does not have any pending application for rental assistance or other financial compensation from any other
sources for rent accruing after the date of the notice underlying the complaint in this action.
RENTAL ASSISTANCE—UNLAWFUL DETAINER
RENTAL ASSISTANCE—UNLAWFUL DETAINER
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(TITLE—provide if signing on behalf of corporation or other business entity)
SAMUEL HARVEY SBN 317193; DIRK POTTER SBN 107091
JACOBS, ANDERSON, POTTER, HARVEY & CECIL, LLP
20 Independence Circle
Chico CA 95973
(530) 342-6144 (530) 342-6310
Plaintiff
Butte
1775 Concord Avenue
1775 Concord Avenue
Chico, CA 95928
Aaron Weinberg
Clifford Williams III and Clifford Williams IV
24UD00954
Aaron Weinberg
05/01/2024
Aaron Weinberg