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Old May 19th 11, 11:11 PM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.chess,soc.culture.usa
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Default Goodall Estate: Motion to Dismiss Claim by Bank of America

Samuel H. Sloan
Administrator with Will Attached of
Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-894-7201


SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

Case No. PTR-99-273030


In the (fictitiously named) Matter
of the Trust for Michael (not)
created under the Goodall Trust
dated September 12, 1990

MOTION TO DISMISS AS UTTER NONSENCE and TOTALLY WITHOUT JURISDICTION
PETITION FILED BANK OF AMERICA FOR ORDER CONFIRMING THE RESIDENCE OF
THE LATE K. MICHAEL GOODALL AS AN ASSET OF THE TRUST TO BE CREATED BY
THIS PETITION


[Probate Code 850(a)(3)(A) and (B) and 17200.1]

Hearing Date: May 25, 2011
Probate Department
9:00 AM, Room 204


Samuel H. Sloan, being duly sworn, deposes and says:

1. I am the Court Appointed Administrator with Will Attached of the
Estate of K. Michael Goodall, who died in San Rafael, California on
October 5, 2010. A copy of the order appointing me as Administrator is
attached hereto.

2. There have been two hearings before Judge Verna Adams, the Probate
Judge in Marin County, regarding this case. Bank of America was served
with notice and was invited to attend these hearings but they declined
to attend. A three-way conference telephone call was held between Dean
Ross, the Probate Examiner for Marin County, Gary Rothstein, Counsel
for Bank of America, and myself during which Dean Ross agreed to a two
week adjournment in order to give Bank of America the opportunity to
appear. Nevertheless, Bank of America did not appear. Then, after a
hearing in Marin County and a decision by Judge Adams in my favor,
Bank of America has filed the instant proceeding which constitutes a
collateral attack on the proceeding in Marin County Superior Court.

3. This court is WITHOUT JURISDICTION to hear this proceeding because
it is HORNBOOK LAW that any proceeding involving real property must be
filed in the jurisdiction where the real property is located. In the
case presented here, the property is located at 461 Peachstone
Terrace, San Rafael California 94903, which is in Marin County. Since
the property is located in Marin County and since there is already a
proceeding in Marin County regarding this property, this case in San
Francisco County must be dismissed.

4. The pleadings filed by counsel for Bank of America are filled with
false statements. For example, in the first paragraph it states that
upon the death of of the father, Col. Kenneth F. Goodall, the mother,
Rachel A. Goodall, became the sole trustee. This is not true. They
have not included all the documents and Trust documents which the Bank
of America have failed to include in their petition show that upon the
death of the father, Col. Kenneth F. Goodall (“Col. Goodall), his son,
Kenneth Michael Goodall (“Mike Goodall”), became the co-trustee along
with his mother. Then, when Rachel Goodall died, Mike Goodall was, or
should have become, the sole trustee. Instead of that, Bank of America
aggressively moved to seize all the property, including the money
market account with USAA Investment Management. It is for this reason
that this case was originally filed in 1999 under case No.
PTR-99-273030. The Goodall Family had kept their cash and securities
with USAA Investment Management because it handles the pension and
retirement accounts for retired military officers. Col. Goodall was a
retired Colonel in the Air Force. It is for that reason that the
property located at 461 Peachstone Terrace, San Rafael California is
located near Hamilton Air Force Base. Col. Goodall built this house in
the 1950s with his own two hands and with his own money. He borrowed
nothing and there has never been a mortgage on this house.

5. An even more serious false statement by Bank of America appears in
paragraph 6 where it states “Sloan has taken possession of the
residence by changing the locks at the residence”.

6. This is the opposite of what really happened. On October 5, 2010,
the day Mike Goodall died, only three persons had the key to the
house. These were Roy Hoppe, Frank Thornally and myself. All of us had
resided there since 1998 when Mike Goodall moved there to take care of
his ailing mother. Prior to that time, I stayed in Mike Goodall's
apartment at 2420 Atherton Street, Berkeley California whenever I was
in California and he stayed in my apartment at 1761 Eastburn Avenue,
Apt. A5, Bronx New York whenever he was in New York. This relationship
started in 1974 and continued for 36 years until Mike died. Mike
Goodall, Roy Hoppe, Frank Thornally and myself all met for the first
time in the Northern California Chess Championship held in Hamilton
Air Force base in November 1962. Thus, we had all known each other,
sometimes as friends, some times as bitter rivals, for 49 years up
until the time that Mike died.

7. On the day that Mike Goodall died, I was attending the World Chess
Olympiad in Khanty-Mansiysk, Siberia in Russia, so Roy Hoppe and Frank
Thornally remained in charge of the house when Mike died. An attorney
for Bank of America threatened to have Roy Hoppe and Frank Thornally
arrested if they did not move out of the house. When I finally got
back to California after returning from Siberia, I found the situation
to be that Frank was hastily packing his things and moving out for
fear of being arrested. Roy wanted to move out too but had nowhere to
go and was thinking of checking into a Homeless Shelter. I have
experience as the manager of apartment buildings and I knew that since
Frank, Roy and myself had all resided in this house since 1998, there
was no legal way that Bank of America could evict us without a court
order, and a court order would take a long time to obtain under these
circumstances.

8. Nevertheless, Frank moved out on or about February 1, 2011. On or
about February 7, 2011, I received a telephone call from Russell Blair
who identified himself as the Trust Officer for Bank of America who
was in charge of the Mike Goodall account. He said that he was calling
from Dallas Texas and gave his number is 214-209-1613. He apologized
for not having called earlier but said that he had not been to work
for a week because of a snowstorm in Dallas. He claimed that Bank of
America was the “deed holder” to the house and asked when I was going
to move out of the house.

10. I told Russell Blair in no uncertain terms that as I had resided
in the house since 1998 and there was no Order of Eviction, I was not
moving out. I further informed him that Frank Thornally had moved out
but only because he had been threatened by another attorney for Bank
of America and as Frank had valuable works of art in the house he was
afraid of losing his possessions. I further informed Russell Blair
that Roy Hoppe too was scared of the Bank of America but he had no
place to go and certainly had no place to relocate the immense
quantity of personal possessions accumulated over the 13 years since
1998 that Roy Hoppe had resided in the house. I further informed
Russell Blair in no uncertain terms that there were items in the house
of immense value including artwork, antiques, furniture, etc. plus
clothing and personal items belonging to myself, Roy Hoppe, Frank
Thornally, Mike Goodall and other chess players and that the Bank of
America would be in "heap big trouble" if they tried to evict us by
removing this stuff from the house without court order.

11. I also informed Russell Blair that this case was pending before
the Marin County Probate Court and he would be in serious trouble if
he tried to take action against the estate or against us while the
matter was pending.

12. I believed at the time that Bank of America had gotten the message
that the bank and its employees would face criminal prosecution if
they broke into the house and tried to take possession of the
property, especially since the case about this had already been filed
and was p[ending before the Marin County Probate Court. I informed
Frank and Roy of this call and told them not to worry further about
it, because Bank of America would not dare to break into the house and
take all our stuff after I had “read the riot Act” to the Bank.

13. Unfortunately, I was to be proven wrong. On March 1, 2011, when I
came to the house and attempted to enter, I discovered that my key to
the house no longer worked. I called Roy Hoppe who, as far as I knew,
was the only other person with a key to the house and found that his
key no longer worked either. I thereafter tried all the doors and
windows. I discovered that a small window in the back of the house had
been left unlocked. I am certain that this window was not previously
left unlocked. I crawled in through that window, thereby regaining
access to the house. I discovered that the entire house had been
emptied of its contents. All of the furniture and fixtures, art work,
paintings, etchings, and even personal mail, signed original legal
documents, bank statements, personal checkbooks, family photos and
photo albums, financial accounting and everything else had been taken.
Since nobody else other than myself and Roy Hoppe had a right to be in
that house and since we had both resided there since 1998, it was
obvious that the house had been a victim of a burglary.

14. Later I went down the street to a neighbor who had known Mike
Goodall since childhood and asked for his help. He came to the house
and helped me remove the locks to the doors. I took the locks to
Jackson Hardware in San Rafael and they re-keyed the locks and made
new keys for the locks.

15. After discovering that the house had been burgled, I called 911 to
report the burglary. Deputy Anthony Savas of the Marin County
Sheriff's Department responded to the call. Deputy Savas told me that
he regularly patrols the neighborhood and a few days earlier he had
observed “a Spanish Guy” with a dumpster who was removing the contents
of the house. As this had seemed to be a routine case of somebody
moving out, he had not stopped to inquire. Deputy Savas took my report
of a burglary and also spoke to Roy Hoppe on the telephone about this
case.

16. When I entered the house on March 1, 2011, the only thing inside
the house other than the carpet on the floor was an issue of the San
Francisco Chronicle dated February 28, 2011 (the previous day). Since
Roy Hoppe had not been there for several days and when he was last
there his key still worked, I concluded that the issue of the San
Francisco Chronicle had been left there by whomever had changed the
locks on the doors. I have since then found the property from the
house to be located at Michaan's Auction House at 1951 Monarch Street,
Building 25, in Alameda, California, which is on the old Alameda Naval
Base. I have filed a petition in the Marin County Probate to recover
this property, which is now pending. I have contacted and continue to
contact the police in Alameda and the Sheriff's Office in Marin
County, demanding that those responsible for the burglary and the
break-in of Mike Goodall's house be arrested and prosecuted.

17. It should be obvious that the petition filed by Bank of America in
this court is fatally flawed in a number of respects. Essentially, the
Bank of America is stating that due to some happenstance or oversight
“unfortunately” a “Trust for Michael” was not created upon the death
of his mother back in 1999, so therefore this court should go back
retroactively and create the trust even though Mike is now dead and
this court should also give Bank of America control over the trust to
do what they please with it. However, this claim is false. If this
Honorable Court will go back and look at the case file of documents
filed in this case in 1999 the court will see that the case was
extensively litigated. Eventually, Mike Goodall ran out of money to
fight the case although I believe he would have won had he been able
to continue. Thus the current situation was not created by misfortune
or happenstance but by intransigence by the Bank of America who
refused to recognize the legitimate claims by Mike Goodall. Also, note
that this was a “revocable trust”, so Mike Goodall should have been
allowed to revoke it and indeed tried to do so.

18. When the unknown agent of Bank of America broke into the house on
or about February 28, 2011 and took everything including all the
financial documents, they took the evidence showing what was in the
trust. The Bank of America and their attorneys are also refusing to
tell me what money is or was in the trust. According to the
recollections of Mike and Frank, there is $1.6 million cash and
securities in the Trust. This makes it apparent what the Bank of
America is really after, which is to steal all the money, plus the
house.

19. Paragraph 6, note 1 of the petition filed by Bank of America
contains the following noteworthy statement.

“The Provisions of the Bypass Trust are somewhat unclear with respect
to the proper beneficiaries of the Trust for Michael in the wake of
Mike Goodall's Death.”

20. “Somewhat unclear” is a massive understatement. I have shown the
trust documents to several attorneys specializing in such matters. All
them say that the trust documents are nonsense. “Absurd”, “ridiculous”
and several other adjectives are used to describe these trust
documents. A well known San Francisco attorney (who I prefer not to
name) told me that the attorney who drew up this trust should be
disbarred for incompetence. Strangely, the attorney who created this
trust advertises himself as an expert on Trusts and Estates. Here is
what his website says:

“Preferred New Clients

“I work with you and your spouse or your partner to develop an estate
plan that will care for you, your family, and your beneficiaries.
Also, I help your family grow through the troubled times following the
death of the person you love.

“Sub-Topics Charitable Giving”


21. Now look at the bottom paragraph on Page 18 of the trust
documents, the same page that is cited by attorneys for Bank of
America:

“(d) If MICHAEL does not survive the surviving settler and leaves no
issue who survive the surviving settler, the trustee shall distribute
the trust property twenty thousand dollars ($20,000) to each of the
then living brothers and sisters of the trustor RACHEL A. GOODALL and
the remainder to GUIDE DOGS OF MARIN , INC. of San Rafael
California.”

22. The problem is that this provision only applies if Mike dies
BEFORE his parents do. However, Mike survived his parents by 11 years.
Kenneth F. Goodall was born 01 Mar 1916 and died 10 Sep 1994 at age
78. His Social Security Number was 444-40-8884. Rachel A. Goodall was
born 23 May 1916 and died 07 Jun 1999. Her Social Security Number was
359-07-1738. Kenneth Michael Goodall was born 13 Jan 1946 and died 05
Oct 2010. His Social Security Number was 559-70-3352.

23. Since Mike Goodall died 11 years after his parents did, that
paragraph does not apply. More than that, nowhere in the entitle
documents, nearly 100 pages long, is there any mention of what happens
if Mike dies after his parents do, except that the trust documents
state that the trust is “dissolved” after the death of Mike Goodall.

24. I have shown these trust documents to several attorneys and they
all agree with me on this. I showed the trust documents to Chase Bank
where I have my personal account and they got excited about this
because of the amount of money involved and they asked Steven Kaufman,
an attorney who represents that bank on similar matters, to look at
it. He spent three days reading and reading the trust documents and
concluded that the trust is “absurd”, precisely because it runs in a
circle. The trust states at one point that upon the death of Mike
Goodall the trust goes into a bypass trust, but it also states that
the bypass trust goes to Mike Goodall. In other words, the trust goes
into an infinite loop. This has led one attorney to suggest that, as a
result, the trust might be escheated to the State of California, and
nobody gets anything. The only winners in this case will be the
attorneys, who will fight with each other until the money runs out.

WHEREFORE, for all of the reasons set forth above, this petition filed
by Bank of America for an order confirming the residence of the Late
K. Michael Goodall as an asset of the Trust to be created by this
petition must be dismissed.

Respectfully Submitted,


Samuel H Sloan

Sworn to before me this 19th
Day of May, 2011
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Old May 20th 11, 04:24 AM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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First recorded activity by ChessBanter: Oct 2007
Posts: 3,073
Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 19, 6:11*pm, Samuel Sloan wrote:

"According to the recollections of Mike and Frank, there is $1.6
million cash and
securities in the Trust. This makes it apparent what the Bank of
America is really after, which is to steal all the money, plus the
house. "

The court must of had a belly laugh when they read this.



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Old May 20th 11, 05:26 AM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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First recorded activity by ChessBanter: May 2011
Posts: 10
Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 19, 8:24*pm, None wrote:
On May 19, 6:11*pm, Samuel Sloan wrote:

"According to the recollections of Mike and Frank, there is $1.6
million cash and
securities in the Trust. This makes it apparent what the Bank of
America is really after, which is to steal all the money, plus the
house. "

The court must of had a belly laugh when they read this.


Why do you say that?

They have not read it yet, by the way. I am filing it tomorrow.

Sam Sloan
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Old May 20th 11, 01:58 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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First recorded activity by ChessBanter: May 2010
Posts: 134
Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 20, 12:26*am, Samuel Sloan wrote:
On May 19, 8:24*pm, None wrote:

On May 19, 6:11*pm, Samuel Sloan wrote:


"According to the recollections of Mike and Frank, there is $1.6
million cash and
securities in the Trust. This makes it apparent what the Bank of
America is really after, which is to steal all the money, plus the
house. "


The court must of had a belly laugh when they read this.


Why do you say that?

They have not read it yet, by the way. I am filing it tomorrow.

Sam Sloan


This is pretty persuasive but you should explain more HORNBOOK LAW to
the JUDGE in CAPITAL LETTERS and UNDERLINE the really REALLY important
points just in case he's thicker than the normal judge. Because they
like it when you POINT STUFF OUT like that. Also, if you're going to
term your opponents petition as "UTTER NONSENCE" in capital letters
you should spell nonsense correctly, lest you look like a ****brain.
Or more of one anyway. Also, and I may be mistaken her but probably
not, an action involving real property as an asset of an estate or
trust doesn't need to be filed in the jurisdiction where the real
property is located. If it were, then the estate of a decedent with
two houses in different jurisdictions would have to be administered in
two different places which woul dlead to JUDICIAL CONFUSION so you
might want to check your HORNBOOK.
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Old May 20th 11, 02:10 PM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.chess,soc.culture.usa
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First recorded activity by ChessBanter: May 2010
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Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 19, 6:11*pm, Samuel Sloan wrote:
Samuel H. Sloan
Administrator with Will Attached of
* * * * Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-894-7201


[...]

10. I told Russell Blair in no uncertain terms that as I had resided
in the house since 1998 and there was no Order of Eviction, I was not
moving out.



Odd. Just a couple of months ago in the Van Arden matter you swore to
a court in San Francisco that "I [sam sloan] am a long time resident
of 2550 Webster Street, San Francisco, California."

A few months before that, you swore to the court that you resided in
the state of NY, which allowed you to claim diversity jurisdiction
against your bugbear Goichberg, a CA resident.

And here you are claiming again to be a long time CA resident, but
this time having resided for 15 years at an address in San Rafael,
different from the residence in SF you represented to the court in
your sworn statement.

Can you explain how this is not perjury?

TIA











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Old May 21st 11, 11:51 AM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.chess,soc.culture.usa
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First recorded activity by ChessBanter: Aug 2009
Posts: 114
Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 20, 9:10*am, Your smrat ® wrote:
On May 19, 6:11*pm, Samuel Sloan wrote:

Samuel H. Sloan
Administrator with Will Attached of
* * * * Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-894-7201


[...]

10. I told Russell Blair in no uncertain terms that as I had resided
in the house since 1998 and there was no Order of Eviction, I was not
moving out.


Odd. Just a couple of months ago in the Van Arden matter you swore to
a court in San Francisco that *"I [sam sloan] am a long time resident
of 2550 Webster Street, San Francisco, California."

A few months before that, you swore to the court that you resided in
the state of NY, which allowed you to claim diversity jurisdiction
against your bugbear Goichberg, a CA resident.

And here you are claiming again to be a long time CA resident, but
this time having resided for 15 years at an address in San Rafael,
different from the residence in SF you represented to the court in
your sworn statement.

Can you explain how this is not perjury?

TIA


I can explain how this is not perjury, fool. A person can have
multiple residences and can maintain multiple residences, if he so
desires. Al Capp was once challenged by a house dick on just this
point. He said he had one residence in New York and another in
Massachusetts.

David Ames
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Old May 22nd 11, 08:06 AM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.chess,soc.culture.usa
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First recorded activity by ChessBanter: May 2010
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Default Goodall Estate: Motion to Dismiss Claim by Bank of America

On May 21, 6:51*am, David Ames wrote:
On May 20, 9:10*am, Your smrat ® wrote:





On May 19, 6:11*pm, Samuel Sloan wrote:


Samuel H. Sloan
Administrator with Will Attached of
* * * * Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-894-7201


[...]


10. I told Russell Blair in no uncertain terms that as I had resided
in the house since 1998 and there was no Order of Eviction, I was not
moving out.


Odd. Just a couple of months ago in the Van Arden matter you swore to
a court in San Francisco that *"I [sam sloan] am a long time resident
of 2550 Webster Street, San Francisco, California."


A few months before that, you swore to the court that you resided in
the state of NY, which allowed you to claim diversity jurisdiction
against your bugbear Goichberg, a CA resident.


And here you are claiming again to be a long time CA resident, but
this time having resided for 15 years at an address in San Rafael,
different from the residence in SF you represented to the court in
your sworn statement.


Can you explain how this is not perjury?


TIA


I can explain how this is not perjury, fool. *A person can have
multiple residences and can maintain multiple residences, if he so
desires. *Al Capp was once challenged by a house dick on just this
point. *He said he had one residence in New York and another in
Massachusetts.

David Ames- Hide quoted text -

- Show quoted text -


So your theory is that Sloon didn't commit perjury because of
something Al Capps once said to a security guard. That's about the
stupidest legal analysis I've read this week, which is quite an
accomplishment since earlier I had an exchange with administrative law
clerk Brain Laughingstock.

A person can have as many residences as she likes. Sloan's not
claiming to have several residences. Sloan claims to have been a "long
time resident" at an address in SF, while also having "resided in the
house [in San Rafael] since 1998" while also being a legal resident of
the state of NY for diversity purposes. It's not particularly a subtle
distinction and yet it eludes you, no doubt because you're a ****ing
retard.




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Old May 22nd 11, 11:43 PM posted to rec.games.chess.politics,misc.legal,rec.games.chess.misc,alt.chess,soc.culture.usa
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Default Goodall Estate: Motion to Dismiss Claim by Bank of America

Samuel H. Sloan
Administrator with Will Attached of
Estate of K. Michael Goodall
461 Peachstone Terrace
San Rafael CA 94903
415-894-7201


SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

Case No. PTR-99-273030


In the (fictitiously named) Matter
of the Trust for Michael (not)
created under the Goodall Trust
dated September 12, 1990

MOTION TO DISMISS AS UTTER NONSENSE and TOTALLY WITHOUT JURISDICTION
PETITION FILED BANK OF AMERICA FOR ORDER CONFIRMING THE RESIDENCE OF
THE LATE K. MICHAEL GOODALL AS AN ASSET OF THE TRUST TO BE CREATED BY
THIS PETITION


[Probate Code 850(a)(3)(A) and (B) and 17200.1]

Hearing Date: May 25, 2011
Probate Department
9:00 AM, Room 204


Samuel H. Sloan, being duly sworn, deposes and says:

1. I am the Court Appointed Administrator with Will Attached of the
Estate of K. Michael Goodall, who died in San Rafael, California on
October 5, 2010. A copy of the order appointing me as Administrator is
attached hereto.

2. There have been two hearings before Judge Verna Adams, the Probate
Judge in Marin County, regarding this case. Bank of America was served
with notice and was invited to attend these hearings but they declined
to attend. A three-way conference telephone call was held between Dean
Ross, the Probate Examiner for Marin County, Gary Rothstein, Counsel
for Bank of America, and myself during which Dean Ross agreed to a two
week adjournment in order to give Bank of America the opportunity to
appear. Nevertheless, Bank of America did not appear. Then, after a
hearing in Marin County and a decision by Judge Adams in my favor,
Bank of America has filed the instant proceeding which constitutes a
collateral attack on the proceeding in Marin County Superior Court.

3. This court is WITHOUT JURISDICTION to hear this proceeding because
it is HORNBOOK LAW that any proceeding involving real property must be
filed in the jurisdiction where the real property is located. In the
case presented here, the property is located at 461 Peachstone
Terrace, San Rafael California 94903, which is in Marin County. Since
the property is located in Marin County and since there is already a
proceeding in Marin County regarding this property, this case in San
Francisco County must be dismissed.

4. The pleadings filed by counsel for Bank of America are filled with
false statements. For example, in the first paragraph it states that
upon the death of of the father, Col. Kenneth F. Goodall, the mother,
Rachel A. Goodall, became the sole trustee. This is not true. They
have not included all the documents and Trust documents which the Bank
of America have failed to include in their petition show that upon the
death of the father, Col. Kenneth F. Goodall (“Col. Goodall), his son,
Kenneth Michael Goodall (“Mike Goodall”), became the co-trustee along
with his mother. Then, when Rachel Goodall died, Mike Goodall was, or
should have become, the sole trustee. Instead of that, Bank of America
aggressively moved to seize all the property, including the money
market account with USAA Investment Management. It is for this reason
that this case was originally filed in 1999 under case No.
PTR-99-273030. The Goodall Family had kept their cash and securities
with USAA Investment Management because it handles the pension and
retirement accounts for retired military officers. Col. Goodall was a
retired Colonel in the Air Force. It is for that reason that the
property located at 461 Peachstone Terrace, San Rafael California is
located near Hamilton Air Force Base. Col. Goodall built this house in
the 1950s with his own two hands and with his own money. He borrowed
nothing and there has never been a mortgage on this house.

5. An even more serious false statement by Bank of America appears in
paragraph 6 where it states “Sloan has taken possession of the
residence by changing the locks at the residence”.

6. This is the opposite of what really happened. On October 5, 2010,
the day Mike Goodall died, only three persons had the key to the
house. These were Roy Hoppe, Frank Thornally and myself. All of us had
resided there since 1998 when Mike Goodall moved there to take care of
his ailing mother. Prior to that time, I stayed in Mike Goodall's
apartment at 2420 Atherton Street, Berkeley California whenever I was
in California and he stayed in my apartment at 1761 Eastburn Avenue,
Apt. A5, Bronx New York whenever he was in New York. This relationship
started in 1974 and continued for 36 years until Mike died. Mike
Goodall, Roy Hoppe, Frank Thornally and myself all met for the first
time in the Northern California Chess Championship held in Hamilton
Air Force base in November 1962. Thus, we had all known each other,
sometimes as friends, some times as bitter rivals, for 49 years up
until the time that Mike died.

7. On the day that Mike Goodall died, I was attending the World Chess
Olympiad in Khanty-Mansiysk, Siberia in Russia, so Roy Hoppe and Frank
Thornally remained in charge of the house when Mike died. An attorney
for Bank of America threatened to have Roy Hoppe and Frank Thornally
arrested if they did not move out of the house. When I finally got
back to California after returning from Siberia, I found the situation
to be that Frank was hastily packing his things and moving out for
fear of being arrested. Roy wanted to move out too but had nowhere to
go and was thinking of checking into a Homeless Shelter. I have
experience as the manager of apartment buildings and I knew that since
Frank, Roy and myself had all resided in this house since 1998, there
was no legal way that Bank of America could evict us without a court
order, and a court order would take a long time to obtain under these
circumstances.

8. Nevertheless, Frank moved out on or about February 1, 2011. On or
about February 7, 2011, I received a telephone call from Russell Blair
who identified himself as the Trust Officer for Bank of America who
was in charge of the Mike Goodall account. He said that he was calling
from Dallas Texas and gave his number is 214-209-1613. He apologized
for not having called earlier but said that he had not been to work
for a week because of a snowstorm in Dallas. He claimed that Bank of
America was the “deed holder” to the house and asked when I was going
to move out of the house.

10. I told Russell Blair in no uncertain terms that as I had resided
in the house since 1998 and there was no Order of Eviction, I was not
moving out. I further informed him that Frank Thornally had moved out
but only because he had been threatened by another attorney for Bank
of America and as Frank had valuable works of art in the house he was
afraid of losing his possessions. I further informed Russell Blair
that Roy Hoppe too was scared of the Bank of America but he had no
place to go and certainly had no place to relocate the immense
quantity of personal possessions accumulated over the 13 years since
1998 that Roy Hoppe had resided in the house. I further informed
Russell Blair in no uncertain terms that there were items in the house
of immense value including artwork, antiques, furniture, etc. plus
clothing and personal items belonging to myself, Roy Hoppe, Frank
Thornally, Mike Goodall and other chess players and that the Bank of
America would be in "heap big trouble" if they tried to evict us by
removing this stuff from the house without court order.

11. I also informed Russell Blair that this case was pending before
the Marin County Probate Court and he would be in serious trouble if
he tried to take action against the estate or against us while the
matter was pending.

12. I believed at the time that Bank of America had gotten the message
that the bank and its employees would face criminal prosecution if
they broke into the house and tried to take possession of the
property, especially since the case about this had already been filed
and was pending before the Marin County Probate Court. I informed
Frank and Roy of this call and told them not to worry further about
it, because Bank of America would not dare to break into the house and
take all our stuff after I had “read the Riot Act” to the Bank.

13. Unfortunately, I was to be proven wrong. On March 1, 2011, when I
came to the house and attempted to enter, I discovered that my key to
the house no longer worked. I called Roy Hoppe who, as far as I knew,
was the only other person with a key to the house and found that his
key no longer worked either. I thereafter tried all the doors and
windows. I discovered that a small window in the back of the house had
been left unlocked. I am certain that this window was not previously
left unlocked. I crawled in through that window, thereby regaining
access to the house. I discovered that the entire house had been
emptied of its contents. All of the furniture and fixtures, art work,
paintings, etchings, and even personal mail, signed original legal
documents, bank statements, personal checkbooks, family photos and
photo albums, financial accounting and everything else had been taken.
Since nobody else other than myself and Roy Hoppe had a right to be in
that house and since we had both resided there since 1998, it was
obvious that the house had been a victim of a burglary.

14. Later I went down the street to a neighbor who had known Mike
Goodall since childhood and asked for his help. He came to the house
and helped me remove the locks to the doors. I took the locks to
Jackson Hardware in San Rafael and they re-keyed the locks and made
new keys for the locks.

15. After discovering that the house had been burgled, I called 911 to
report the burglary. Deputy Anthony Savas of the Marin County
Sheriff's Department responded to the call. Deputy Savas told me that
he regularly patrols the neighborhood and a few days earlier he had
observed “a Spanish Guy” with a dumpster who was removing the contents
of the house. As this had seemed to be a routine case of somebody
moving out, he had not stopped to inquire. Deputy Savas took my report
of a burglary and also spoke to Roy Hoppe on the telephone about this
case.

16. When I entered the house on March 1, 2011, the only thing inside
the house other than the carpet on the floor was an issue of the San
Francisco Chronicle dated February 28, 2011 (the previous day). Since
Roy Hoppe had not been there for several days and when he was last
there his key still worked, I concluded that the issue of the San
Francisco Chronicle had been left there by whomever had changed the
locks on the doors. I have since then found the property from the
house to be located at Michaan's Auction House at 1951 Monarch Street,
Building 25, in Alameda, California, which is on the old Alameda Naval
Base. I have filed a petition in the Marin County Probate to recover
this property, which is now pending. I have contacted and continue to
contact the police in Alameda and the Sheriff's Office in Marin
County, demanding that those responsible for the burglary and the
break-in of Mike Goodall's house be arrested and prosecuted.

17. It should be obvious that the petition filed by Bank of America in
this court is fatally flawed in a number of respects. Essentially, the
Bank of America is stating that due to some happenstance or oversight
“unfortunately” a “Trust for Michael” was not created upon the death
of his mother back in 1999, so therefore this court should go back
retroactively and create the trust even though Mike is now dead and
this court should also give Bank of America control over the trust to
do what they please with it. However, this claim is false. If this
Honorable Court will go back and look at the case file of documents
filed in this case in 1999 the court will see that the case was
extensively litigated. Eventually, Mike Goodall ran out of money to
fight the case although I believe he would have won had he been able
to continue. Thus the current situation was not created by misfortune
or happenstance but by intransigence by the Bank of America who
refused to recognize the legitimate claims by Mike Goodall. Also, note
that this was a “revocable trust”, so Mike Goodall should have been
allowed to revoke it and indeed tried to do so.

18. When the unknown agent of Bank of America broke into the house on
or about February 28, 2011 and took everything including all the
financial documents, they took the evidence showing what was in the
trust. The Bank of America and their attorneys are also refusing to
tell me what money is or was in the trust. According to the
recollections of Mike and Frank, there is $1.6 million cash and
securities in the Trust. This makes it apparent what the Bank of
America is really after, which is to steal all the money, plus the
house.

19. Paragraph 6, note 1 of the petition filed by Bank of America
contains the following noteworthy statement.

“The Provisions of the Bypass Trust are somewhat unclear with respect
to the proper beneficiaries of the Trust for Michael in the wake of
Mike Goodall's Death.”

20. “Somewhat unclear” is a massive understatement. I have shown the
trust documents to several attorneys specializing in such matters. All
them say that the trust documents are nonsense. “Absurd”, “ridiculous”
and several other adjectives are used to describe these trust
documents. A well known San Francisco attorney (who I prefer not to
name) told me that the attorney who drew up this trust should be
disbarred for incompetence. Strangely, the attorney who created this
trust advertises himself as an expert on Trusts and Estates. Here is
what his website says:

“Preferred New Clients

“I work with you and your spouse or your partner to develop an estate
plan that will care for you, your family, and your beneficiaries.
Also, I help your family grow through the troubled times following the
death of the person you love.

“Sub-Topics Charitable Giving”


21. Now look at the bottom paragraph on Page 18 of the trust
documents, the same page that is cited by attorneys for Bank of
America:

“(d) If MICHAEL does not survive the surviving settler and leaves no
issue who survive the surviving settler, the trustee shall distribute
the trust property twenty thousand dollars ($20,000) to each of the
then living brothers and sisters of the trustor RACHEL A. GOODALL and
the remainder to GUIDE DOGS OF MARIN , INC. of San Rafael
California.”

22. The problem is that this provision only applies if Mike dies
BEFORE his parents do. However, Mike survived his parents by 11 years.
Kenneth F. Goodall was born 01 Mar 1916 and died 10 Sep 1994 at age
78. His Social Security Number was 444-40-8884. Rachel A. Goodall was
born 23 May 1916 and died 07 Jun 1999. Her Social Security Number was
359-07-1738. Kenneth Michael Goodall was born 13 Jan 1946 and died 05
Oct 2010. His Social Security Number was 559-70-3352.

23. Since Mike Goodall died 11 years after his parents did, that
paragraph does not apply. More than that, nowhere in the entitle
documents, nearly 100 pages long, is there any mention of what happens
if Mike dies after his parents do, except that the trust documents
state that the trust is “dissolved” after the death of Mike Goodall.

24. I have shown these trust documents to several attorneys and they
all agree with me on this. I showed the trust documents to Chase Bank
where I have my personal account and they got excited about this
because of the amount of money involved and they asked Steven Kaufman,
an attorney who represents that bank on similar matters, to look at
it. He spent three days reading and re-reading the trust documents and
concluded that the trust is “absurd”, precisely because it runs in a
circle. The trust states at one point that upon the death of Mike
Goodall the trust goes into a bypass trust, but it also states that
the bypass trust goes to Mike Goodall. In other words, the trust goes
into an infinite loop. This has led one attorney to suggest that, as a
result, the trust might be escheated to the State of California, and
nobody gets anything. The only winners in this case will be the
attorneys, who will fight with each other until the money runs out.

WHEREFORE, for all of the reasons set forth above, this petition filed
by Bank of America for an order confirming the residence of the Late
K. Michael Goodall as an asset of the Trust to be created by this
petition must be dismissed.

Respectfully Submitted,


Samuel H Sloan

Sworn to before me this 19th
Day of May, 2011
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