Second Letter to Albert M. Lavezzo

Arden Van Upp
2550 Webster St.
San Francisco, CA. 94115
(415) 929-7500

July 28, 1994

Albert M. Lavezzo
Favaro, Lavezzo, Gill, Caretti & Heppell
Courthouse Plaza, Suite A
300 Tuolumne Street
Vallejo, Cal. 94590

Re: In re Doris M. Rich, Case No. PO34215

Dear Mr. Lavezzo.

I am in receipt of the proposed stipulation in this case. Unfortunately, I have a few problems with this agreement.

1. Paragraph 3 states that all rentals will take place "in consultation with Myrna Rich." This is unacceptable. The problem we have had for all these years is that Myrna refused to rent out the vacant apartments without imposing Draconian conditions on all prospective tenants which no tenant will accept. Most of the prospective tenants are frightened away even on their initial meeting with Myrna. The fact is that the currently vacant apartments have been vacant for several years, because Myrna refused to rent them out. The most important reason for bringing in a property manager is to cause these apartments to be rented so as to increase my mother's income. This can only be accomplished if Myrna is removed entirely from the process.

2. I would like to know more about Delvita Hoover of Egidco Realty and who recommended them. Was it Neel Rich?

3. Paragraph 4 states that hearing aid needs and other medical needs of my mother will be handled exclusively by Dr. Snyder. My mother has been fighting for a long time with my brother over his insistence that she order only a certain particular kind of hearing aid, which she doesn't like. Finally, on Friday, July 22, I had my mother taken to the Beltone Hearing Center in Vallejo and she ordered a hearing aid. My mother is very happy that finally she will be receiving a hearing aid. It is not obvious that the one of the purposes of paragraph four of this stipulation is to block my mother's receipt of the hearing aid which she has ordered.

4. My mother also consults a urology doctor in U.C. Medical Center in San Francisco. She also wants cataract surgery. Paragraph 4 seems to be part of the ongoing effort of my brother to stop my mother from receiving the medical attention which she needs.

5. Regarding paragraph 5, I need it explicitly stated that I have the right to stay overnight at my mother's house. My mother is very upset that although it has been my practice for many years to spend one night a week at my mothers house, Neel managed to obtain a court order prohibiting this.

In addition, when I come to visit my mother, I usually bring one of my friends along. One of the reasons for this is that now I do not have a car of my own and I need someone to drive me. Again, I must point out that one reason that I do not have a car is that Neel confiscated my BMW and sold it at a lien sale for $600, whereas the real worth was $6,000. I believe that I should have the right to bring my friends which I come to visit my mother, as I have done for so many years. I will agree that my friends will never spend the night and will only be present while I am also there.

Finally, please FAX me the document filed in court by Mr. O'Hara on Wednesday and also FAX me the stipulation which Judge Smith signed on Wednesday.

Very Truly Yours,

Arden Van Upp

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