letter-sequoia-basin-account-freeze.docx

1035-00005 · Marguerite Delp · Correspondence/External

letter-sequoia-basin-account-freeze.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP Attorneys at Law 350 South Grand Avenue, Suite 4800 Los Angeles, California 90071 Telephone: (213) 629-7400 Facsimile: (213) 629-7401 www.calderwoodharkness.com

October 18, 2022

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED AND VIA EMAIL (fybarra@sequoiabasinbank.com)

Franklin Ybarra Relationship Manager Veltara Basin Bank, N.A. 700 South Hope Street Los Angeles, California 90017

Re: Estate of Teodoro R. Fonseca, Deceased — Account Freeze and Information Request Los Angeles County Superior Court Case No. 22STPB09714 Account Numbers ending in -4782, -3091, and -6155 Calderwood & Harkness Matter No. 1035-00005

Dear Mr. Ybarra:

1. Introduction and Identification of Counsel

This firm represents Marguerite D. Fonseca, the surviving spouse of Teodoro R. Fonseca (the "Decedent"), in connection with the administration of the Decedent's estate. This matter is being handled under Calderwood & Harkness LLP firm matter number 1035-00005. Ms. Fonseca resides at 1847 Coldwater Canyon Drive, Beverly Hills, California 90210.

On October 5, 2022, Ms. Fonseca filed a Petition for Letters of Administration in the Probate Division of the Los Angeles County Superior Court, which was assigned Case No. 22STPB09714. A copy of that petition is enclosed herewith as Enclosure B. Our engagement in this matter was formalized on October 12, 2022, at which time Ms. Fonseca executed the authorization enclosed herein as Enclosure C, authorizing Calderwood & Harkness LLP to act on her behalf with respect to all account inquiries and related matters pertaining to the Decedent's financial accounts.

This letter is sent on behalf of Ms. Fonseca in her capacity as the petitioner for letters of administration of the Decedent's estate. The purpose of this correspondence is to provide formal notice of the Decedent's death, to request that Veltara Basin Bank, N.A. (the "Bank") immediately freeze the Decedent's accounts, and to request certain account information and documentation that is essential to the orderly administration of the estate. We ask that you treat this letter with the urgency it warrants and direct it to the appropriate departments within the Bank for immediate action.

2. Notice of Decedent's Death

Please be advised that Teodoro R. Fonseca died on September 3, 2022, in Los Angeles County, California. The Decedent was sixty-two (62) years of age at the time of his death. The cause of death, as recorded on the certified death certificate, was cardiac arrest, attributed to natural causes. A certified copy of the Decedent's death certificate is enclosed herewith as Enclosure A for your records and for purposes of updating the Bank's account records accordingly.

Following a thorough and diligent search conducted by Ms. Fonseca, with the assistance of this firm, no valid last will and testament, revocable living trust, or other testamentary instrument executed by the Decedent has been located. Accordingly, the Decedent died intestate, and the administration of his estate will proceed under the intestacy provisions of the California Probate Code.

Ms. Fonseca is the lawful surviving spouse of the Decedent. Ms. Fonseca and the Decedent were married on June 14, 2008, in Los Angeles County, California, and remained married at all times through the date of the Decedent's death. Ms. Fonseca's status as the surviving spouse is documented in the petition referenced above and is a matter of public record.

This letter constitutes formal written notice to Veltara Basin Bank, N.A. of the death of Teodoro R. Fonseca, and we request that the Bank immediately update its records to reflect this notification.

3. Identification of Decedent's Accounts at Veltara Basin Bank

Based upon information available to Ms. Fonseca and a preliminary review of the Decedent's personal financial records, Calderwood & Harkness LLP understands that the Decedent maintained the following accounts at Veltara Basin Bank, N.A.:

1. Brokerage Account — Account Number ending in -4782. This account constitutes an investment portfolio. Based upon the most recent statements available to Ms. Fonseca, the estimated value of this account as of the Decedent's date of death (September 3, 2022) was approximately $5,120,000.

2. Personal Checking Account — Account Number ending in -3091. This account served as the Decedent's primary operating and personal checking account. The estimated value of this account as of the date of death was approximately $342,000.

3. Money Market Account — Account Number ending in -6155. This account was maintained as a cash reserve account. The estimated value of this account as of the date of death was approximately $1,875,000.

The total estimated aggregate value across all three accounts is approximately $7,337,000 as of the Decedent's date of death.

We respectfully request that the Bank confirm whether the accounts identified above constitute the entirety of the Decedent's banking and financial relationships with Veltara Basin Bank, N.A. Specifically, we ask that the Bank identify any additional accounts — whether held individually by the Decedent, jointly with any other person or entity, or in any other capacity — that are not listed above. This request extends to, but is not limited to, any additional checking or savings accounts, certificates of deposit, individual retirement accounts (IRAs), trust accounts, custodial accounts, safe deposit boxes, or any other financial products or services maintained by or on behalf of the Decedent at Veltara Basin Bank, N.A.

4. Request for Immediate Account Freeze

Calderwood & Harkness LLP, on behalf of Ms. Fonseca, hereby makes a formal request that Veltara Basin Bank, N.A. immediately freeze all three accounts identified above — specifically, Brokerage Account ending in -4782, Personal Checking Account ending in -3091, and Money Market Account ending in -6155 — to prevent any unauthorized withdrawals, transfers, disbursements, liquidations, or other transactions of any kind pending the appointment of a personal representative (administrator) by the Los Angeles County Superior Court in Case No. 22STPB09714.

The requested freeze should apply comprehensively to all forms of access to and activity within the accounts, including without limitation:

• All debit transactions, including point-of-sale and ATM withdrawals;

• All wire transfers, whether domestic or international;

• All automated clearinghouse (ACH) transfers, including any scheduled or recurring ACH debits;

• All check clearance and presentment for payment;

• All standing instructions, recurring payments, automatic bill-pay arrangements, and any other pre-authorized debits or transfers;

• All securities transactions within the brokerage account, including purchases, sales, exchanges, margin transactions, and option exercises;

• All transfers between accounts, whether internal to the Bank or to external financial institutions; and

• All distributions, redemptions, or withdrawals of any kind.

As noted above, the Petition for Letters of Administration is currently pending before the Probate Division of the Los Angeles County Superior Court, and no personal representative has yet been appointed by the court. Until such time as an administrator is duly appointed, qualified, and issues letters of administration, no individual has legal authority to access, manage, or direct transactions within the Decedent's accounts. The preservation of estate assets during this interim period is therefore of paramount importance.

The need for an immediate freeze is underscored by the following circumstances. In addition to Ms. Fonseca, the Decedent is survived by three adult children from a prior marriage, all of whom have been identified as heirs at law under California's intestacy statutes:

• Rafael T. Fonseca (son);

• Isabela C. Fonseca-Greer (daughter); and

• Nicolás R. Fonseca (son).

We anticipate that the probate proceeding may become contested, as the Decedent's children from his prior marriage may assert claims to a portion of the estate assets, and disputes regarding the characterization of certain assets as community property versus separate property are foreseeable. Under these circumstances, the preservation of account balances and comprehensive transaction records is particularly critical to ensure that no estate assets are dissipated, commingled, or otherwise compromised before the court has had the opportunity to adjudicate the rights of all interested parties.

We respectfully request that Veltara Basin Bank, N.A. provide written confirmation acknowledging the account freeze, the effective date thereof, and the scope of activities restricted by the freeze. Such confirmation should be directed to the undersigned at the address provided below.

5. Request for Account Statements and Transaction Histories

In connection with the administration of the Decedent's estate, Calderwood & Harkness LLP respectfully requests that Veltara Basin Bank, N.A. produce complete account statements and detailed transaction histories for all three of the Decedent's accounts for the period from January 1, 2018 through September 3, 2022 (the Decedent's date of death). The specific records requested for each account are as follows:

a. Brokerage Account (Account Number ending in -4782)

We request the production of monthly account statements for the entire period specified above, reflecting all securities positions held, including equities, fixed-income instruments, mutual funds, exchange-traded funds, options, and any other investment holdings. The statements should include, at a minimum, the following information: all purchases and sales of securities (with trade dates, settlement dates, quantities, prices, and commissions); all dividends received and dividend reinvestment activity; all interest income credited to the account; all margin activity, including margin balances, margin interest charges, and margin calls (if any); all fees and charges assessed against the account; and beginning and ending account balances for each statement period.

In addition, we request the production of year-end tax reporting documents for tax years 2018, 2019, 2020, 2021, and 2022 (to the extent available for 2022), including Forms 1099-DIV (Dividends and Distributions), 1099-INT (Interest Income), and 1099-B (Proceeds from Broker and Barter Exchange Transactions), as well as any supplemental tax information schedules or cost basis reports generated by the Bank or its brokerage division.

b. Personal Checking Account (Account Number ending in -3091)

We request the production of monthly account statements for the entire period specified above, reflecting all deposits (by source, amount, and date), all withdrawals, all cleared checks (with check numbers, payees, amounts, and dates), and running account balances. We further request the production of images of all cleared checks — both front and back — for the entire period. In addition, we request detailed records of all wire transfers (including originator and beneficiary information, intermediary bank details, and reference numbers), all ACH transactions (including originator identification numbers and descriptions), and all debit card transactions.

c. Money Market Account (Account Number ending in -6155)

We request the production of monthly account statements for the entire period specified above, reflecting all deposits, withdrawals, interest earned and credited, applicable interest rates, and beginning and ending account balances for each statement period.

These records are necessary to support the following critical aspects of the estate administration:

(a) Estate Inventory and Accounting. The estate accountant retained by Ms. Fonseca, Dennis Chua, CPA, of Ridgeway Accounting Partners LLP, requires comprehensive financial records in order to prepare the estate inventory and accounting required to be filed with the Probate Court, as well as the Decedent's final individual income tax return and any estate or fiduciary income tax returns that may be required.

(b) Community Property Tracing Analysis. Under California law, property acquired during marriage is presumed to be community property. A detailed community property tracing analysis will be required to determine the character of the assets held in the Decedent's accounts — that is, whether such assets constitute community property, the Decedent's separate property, or a combination thereof. This analysis requires a thorough review of deposit sources, account funding histories, and transaction patterns over a multi-year period.

(c) Estate Asset Valuation. Ms. Fonseca has retained Pinnacle West Appraisal Group LLC, under the direction of Dr. Sandra Fujimoto, ASA, CVA, to assist with the valuation of the Decedent's estate assets, including the investment portfolio held in the brokerage account. Dr. Fujimoto's valuation work requires access to detailed position-level data and transaction histories as of the date of death and for the preceding period.

We request that the documents described above be produced in both paper format (hard copies) and electronic format (PDF files on a USB drive or via secure electronic transmission) to the extent such formats are available. If any of the requested records are not available or would require an unusual amount of time to compile, we ask that you notify us promptly so that we may discuss alternative arrangements.

6. Request for Additional Information

In addition to the account statements and transaction records requested above, we respectfully request that Veltara Basin Bank, N.A. provide the following information relating to the Decedent's accounts:

(a) Account Ownership and Titling. Please confirm the ownership and titling of each of the three identified accounts, including whether each account is held solely in the Decedent's name, jointly with any other individual (and if so, the identity of the joint account holder(s) and the type of joint ownership), or subject to any transfer-on-death (TOD) or payable-on-death (POD) beneficiary designations. If any TOD or POD beneficiary designations are on file, please provide copies of all such designation forms.

(b) Signature Cards. Please provide copies of the most recent signature cards on file for each of the three identified accounts.

(c) Loans, Lines of Credit, and Other Obligations. Please identify and provide information regarding any loans, lines of credit, margin accounts, overdraft protection agreements, or other obligations that are secured by, linked to, or otherwise associated with any of the identified accounts, including outstanding balances, terms, and collateral pledged.

(d) Powers of Attorney and Authorized Signers. Please identify any powers of attorney, trading authorizations, or other instruments on file with the Bank that authorize any individual other than the Decedent to access, manage, or conduct transactions within any of the identified accounts. If any such authorizations exist, please provide copies of the relevant instruments.

(e) Safe Deposit boxes. Please advise whether the Decedent maintained any safe deposit boxes at any branch of Veltara Basin Bank, N.A. If so, please provide the location of the branch, the box number, and all access records (including the dates and identities of all individuals who accessed the box) for the period from January 1, 2018 through the present.

(f) Lumiére Canyon Studios LLC Accounts. We understand that the Decedent was a co-founder and fifty percent (50%) member of Lumiére Canyon Studios LLC, a California limited liability company with its principal office located at 4200 West Olive Avenue, Burbank, California 91505. Please confirm whether Lumiére Canyon Studios LLC maintains any accounts at Veltara Basin Bank, N.A. Our inquiry regarding the entity's business accounts is limited at this stage to confirmation of their existence and any relationship or linkage to the Decedent's personal accounts identified herein. We are not requesting detailed account records for the entity at this time, but reserve the right to make such requests in the future as the estate administration progresses.

7. Legal Authority and Basis for Requests

The requests set forth in this letter are made pursuant to and consistent with applicable provisions of the California Probate Code, including but not limited to the following:

California Probate Code Section 9650 et seq. authorizes the personal representative of a decedent's estate to take possession and control of the decedent's property for purposes of administration. Although Letters of Administration have not yet issued, Ms. Fonseca, as the petitioner for letters of administration and as the Decedent's surviving spouse, has a recognized interest in the preservation of estate assets during the pendency of the probate proceeding.

California Probate Code Section 8502 provides that, upon the filing of a petition for appointment of a personal representative, the court may make orders as necessary to preserve estate property. The requests made herein are consistent with the objectives of that statutory authority.

Additionally, under California law, a financial institution that receives notice of the death of an account holder is obligated to restrict access to the decedent's accounts pending the appointment of a personal representative or the presentation of other appropriate legal authority. We trust that the Bank will act in accordance with these obligations and its own internal policies regarding deceased account holders.

Ms. Fonseca, as the surviving spouse of the Decedent, has standing under California community property law to request information regarding accounts that may constitute community property of the marital estate. To the extent that assets held in the Decedent's accounts were acquired during the marriage, such assets are presumptively community property under California Family Code Section 760, and Ms. Fonseca retains a present ownership interest in the community property share of those assets.

We reserve all rights to seek court orders from the Los Angeles County Superior Court compelling the production of records, enforcing the account freeze, or obtaining such other and further relief as may be necessary to preserve the Decedent's estate assets and protect the rights of Ms. Fonseca and other interested parties, should the Bank fail to comply with the requests set forth herein in a timely and satisfactory manner.

8. Confidentiality and Litigation Hold Notice

Please be advised that the records and information requested in this letter may be relevant to pending or reasonably anticipated litigation in the Los Angeles County Superior Court, Case No. 22STPB09714, as well as any related proceedings that may arise in connection with the administration of the Decedent's estate, including but not limited to will contests, claims against the estate, community property disputes, and actions for the recovery of estate assets.

Accordingly, this letter constitutes a formal litigation hold notice. We hereby request that Veltara Basin Bank, N.A. immediately take all steps necessary to preserve all records, documents, correspondence, memoranda, notes, account records, electronically stored information (including emails, electronic files, database records, backup tapes, and metadata), and any other materials of any kind relating to the Decedent's accounts, the Decedent's relationship with the Bank, and the accounts and affairs of Lumiére Canyon Studios LLC to the extent related to the Decedent.

The Bank should not destroy, discard, alter, overwrite, or otherwise dispose of any such records, whether pursuant to routine document retention policies or otherwise, until this litigation hold has been expressly released in writing by Calderwood & Harkness LLP. Failure to preserve relevant records may result in adverse consequences, including the imposition of spoliation sanctions by the court.

9. Contact Information and Response Requested

We respectfully request that all responsive documents, confirmations, and communications relating to the matters addressed in this letter be directed to the undersigned at the following address:

Elliot Nguyen Calderwood & Harkness LLP 350 South Grand Avenue, Suite 4800 Los Angeles, California 90071 Telephone: (213) 629-7432 Facsimile: (213) 629-7401

Email: enguyen@calderwoodharkness.com

We request that the Bank provide a written response to this letter within ten (10) business days of receipt, confirming: (i) that the account freeze has been implemented and the effective date thereof; (ii) the Bank's plan and timeline for producing the requested account statements, transaction histories, and other information described herein; and (iii) any questions, concerns, or issues the Bank may have regarding the scope or nature of our requests.

Should you have any questions regarding this letter or the requests contained herein, or should you wish to discuss any aspect of this matter, please do not hesitate to contact the undersigned directly at (213) 629-7432 or by email at enguyen@calderwoodharkness.com. We are prepared to arrange a telephone conference or in-person meeting at your convenience to address any questions and to facilitate the efficient processing of these requests.

We appreciate your prompt attention to this matter and look forward to your timely response.

10. Enclosures

The following documents are enclosed with this letter:

Enclosure A: Certified copy of the Death Certificate of Teodoro R. Fonseca (d. September 3, 2022), issued by the County of Los Angeles, Department of Public Health — Vital Records.

Enclosure B: Copy of the Petition for Letters of Administration, filed October 5, 2022, in the Probate Division of the Los Angeles County Superior Court, Case No. 22STPB09714.

Enclosure C: Authorization executed by Marguerite D. Fonseca, dated October 12, 2022, authorizing Calderwood & Harkness LLP to act on her behalf with respect to all inquiries, requests, and communications concerning the Decedent's accounts at Veltara Basin Bank, N.A.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Elliot Nguyen Associate Admitted to the California State Bar (2018) Bar No. 327194

Enclosures (3)

cc: Howard Quinn, Esq., Calderwood & Harkness LLP (Responsible Partner) (via internal distribution) cc: Marguerite D. Fonseca (via U.S. Mail and email)

CALDERWOOD & HARKNESS LLP Attorneys at Law 350 South Grand Avenue, Suite 4800 Los Angeles, California 90071 Telephone: (213) 629-7400 Facsimile: (213) 629-7401 www.calderwoodharkness.com
October 18, 2022
VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED AND VIA EMAIL (fybarra@sequoiabasinbank.com)
Franklin Ybarra Relationship Manager Veltara Basin Bank, N.A. 700 South Hope Street Los Angeles, California 90017
Re: Estate of Teodoro R. Fonseca, Deceased — Account Freeze and Information Request Los Angeles County Superior Court Case No. 22STPB09714 Account Numbers ending in -4782, -3091, and -6155 Calderwood & Harkness Matter No. 1035-00005
Dear Mr. Ybarra:
1. Introduction and Identification of Counsel
This firm represents Marguerite D. Fonseca, the surviving spouse of Teodoro R. Fonseca (the "Decedent"), in connection with the administration of the Decedent's estate. This matter is being handled under Calderwood & Harkness LLP firm matter number 1035-00005. Ms. Fonseca resides at 1847 Coldwater Canyon Drive, Beverly Hills, California 90210.
On October 5, 2022, Ms. Fonseca filed a Petition for Letters of Administration in the Probate Division of the Los Angeles County Superior Court, which was assigned Case No. 22STPB09714. A copy of that petition is enclosed herewith as Enclosure B. Our engagement in this matter was formalized on October 12, 2022, at which time Ms. Fonseca executed the authorization enclosed herein as Enclosure C, authorizing Calderwood & Harkness LLP to act on her behalf with respect to all account inquiries and related matters pertaining to the Decedent's financial accounts.
This letter is sent on behalf of Ms. Fonseca in her capacity as the petitioner for letters of administration of the Decedent's estate. The purpose of this correspondence is to provide formal notice of the Decedent's death, to request that Veltara Basin Bank, N.A. (the "Bank") immediately freeze the Decedent's accounts, and to request certain account information and documentation that is essential to the orderly administration of the estate. We ask that you treat this letter with the urgency it warrants and direct it to the appropriate departments within the Bank for immediate action.
2. Notice of Decedent's Death
Please be advised that Teodoro R. Fonseca died on September 3, 2022, in Los Angeles County, California. The Decedent was sixty-two (62) years of age at the time of his death. The cause of death, as recorded on the certified death certificate, was cardiac arrest, attributed to natural causes. A certified copy of the Decedent's death certificate is enclosed herewith as Enclosure A for your records and for purposes of updating the Bank's account records accordingly.
Following a thorough and diligent search conducted by Ms. Fonseca, with the assistance of this firm, no valid last will and testament, revocable living trust, or other testamentary instrument executed by the Decedent has been located. Accordingly, the Decedent died intestate, and the administration of his estate will proceed under the intestacy provisions of the California Probate Code.
Ms. Fonseca is the lawful surviving spouse of the Decedent. Ms. Fonseca and the Decedent were married on June 14, 2008, in Los Angeles County, California, and remained married at all times through the date of the Decedent's death. Ms. Fonseca's status as the surviving spouse is documented in the petition referenced above and is a matter of public record.
This letter constitutes formal written notice to Veltara Basin Bank, N.A. of the death of Teodoro R. Fonseca, and we request that the Bank immediately update its records to reflect this notification.
3. Identification of Decedent's Accounts at Veltara Basin Bank
Based upon information available to Ms. Fonseca and a preliminary review of the Decedent's personal financial records, Calderwood & Harkness LLP understands that the Decedent maintained the following accounts at Veltara Basin Bank, N.A.:
1. Brokerage Account — Account Number ending in -4782. This account constitutes an investment portfolio. Based upon the most recent statements available to Ms. Fonseca, the estimated value of this account as of the Decedent's date of death (September 3, 2022) was approximately $5,120,000.
2. Personal Checking Account — Account Number ending in -3091. This account served as the Decedent's primary operating and personal checking account. The estimated value of this account as of the date of death was approximately $342,000.
3. Money Market Account — Account Number ending in -6155. This account was maintained as a cash reserve account. The estimated value of this account as of the date of death was approximately $1,875,000.
The total estimated aggregate value across all three accounts is approximately $7,337,000 as of the Decedent's date of death.
We respectfully request that the Bank confirm whether the accounts identified above constitute the entirety of the Decedent's banking and financial relationships with Veltara Basin Bank, N.A. Specifically, we ask that the Bank identify any additional accounts — whether held individually by the Decedent, jointly with any other person or entity, or in any other capacity — that are not listed above. This request extends to, but is not limited to, any additional checking or savings accounts, certificates of deposit, individual retirement accounts (IRAs), trust accounts, custodial accounts, safe deposit boxes, or any other financial products or services maintained by or on behalf of the Decedent at Veltara Basin Bank, N.A.
4. Request for Immediate Account Freeze
Calderwood & Harkness LLP, on behalf of Ms. Fonseca, hereby makes a formal request that Veltara Basin Bank, N.A. immediately freeze all three accounts identified above — specifically, Brokerage Account ending in -4782, Personal Checking Account ending in -3091, and Money Market Account ending in -6155 — to prevent any unauthorized withdrawals, transfers, disbursements, liquidations, or other transactions of any kind pending the appointment of a personal representative (administrator) by the Los Angeles County Superior Court in Case No. 22STPB09714.
The requested freeze should apply comprehensively to all forms of access to and activity within the accounts, including without limitation:
• All debit transactions, including point-of-sale and ATM withdrawals;
• All wire transfers, whether domestic or international;
• All automated clearinghouse (ACH) transfers, including any scheduled or recurring ACH debits;
• All check clearance and presentment for payment;
• All standing instructions, recurring payments, automatic bill-pay arrangements, and any other pre-authorized debits or transfers;
• All securities transactions within the brokerage account, including purchases, sales, exchanges, margin transactions, and option exercises;
• All transfers between accounts, whether internal to the Bank or to external financial institutions; and
• All distributions, redemptions, or withdrawals of any kind.
As noted above, the Petition for Letters of Administration is currently pending before the Probate Division of the Los Angeles County Superior Court, and no personal representative has yet been appointed by the court. Until such time as an administrator is duly appointed, qualified, and issues letters of administration, no individual has legal authority to access, manage, or direct transactions within the Decedent's accounts. The preservation of estate assets during this interim period is therefore of paramount importance.
The need for an immediate freeze is underscored by the following circumstances. In addition to Ms. Fonseca, the Decedent is survived by three adult children from a prior marriage, all of whom have been identified as heirs at law under California's intestacy statutes:
• Rafael T. Fonseca (son);
• Isabela C. Fonseca-Greer (daughter); and
• Nicolás R. Fonseca (son).
We anticipate that the probate proceeding may become contested, as the Decedent's children from his prior marriage may assert claims to a portion of the estate assets, and disputes regarding the characterization of certain assets as community property versus separate property are foreseeable. Under these circumstances, the preservation of account balances and comprehensive transaction records is particularly critical to ensure that no estate assets are dissipated, commingled, or otherwise compromised before the court has had the opportunity to adjudicate the rights of all interested parties.
We respectfully request that Veltara Basin Bank, N.A. provide written confirmation acknowledging the account freeze, the effective date thereof, and the scope of activities restricted by the freeze. Such confirmation should be directed to the undersigned at the address provided below.
5. Request for Account Statements and Transaction Histories
In connection with the administration of the Decedent's estate, Calderwood & Harkness LLP respectfully requests that Veltara Basin Bank, N.A. produce complete account statements and detailed transaction histories for all three of the Decedent's accounts for the period from January 1, 2018 through September 3, 2022 (the Decedent's date of death). The specific records requested for each account are as follows:
a. Brokerage Account (Account Number ending in -4782)
We request the production of monthly account statements for the entire period specified above, reflecting all securities positions held, including equities, fixed-income instruments, mutual funds, exchange-traded funds, options, and any other investment holdings. The statements should include, at a minimum, the following information: all purchases and sales of securities (with trade dates, settlement dates, quantities, prices, and commissions); all dividends received and dividend reinvestment activity; all interest income credited to the account; all margin activity, including margin balances, margin interest charges, and margin calls (if any); all fees and charges assessed against the account; and beginning and ending account balances for each statement period.
In addition, we request the production of year-end tax reporting documents for tax years 2018, 2019, 2020, 2021, and 2022 (to the extent available for 2022), including Forms 1099-DIV (Dividends and Distributions), 1099-INT (Interest Income), and 1099-B (Proceeds from Broker and Barter Exchange Transactions), as well as any supplemental tax information schedules or cost basis reports generated by the Bank or its brokerage division.
b. Personal Checking Account (Account Number ending in -3091)
We request the production of monthly account statements for the entire period specified above, reflecting all deposits (by source, amount, and date), all withdrawals, all cleared checks (with check numbers, payees, amounts, and dates), and running account balances. We further request the production of images of all cleared checks — both front and back — for the entire period. In addition, we request detailed records of all wire transfers (including originator and beneficiary information, intermediary bank details, and reference numbers), all ACH transactions (including originator identification numbers and descriptions), and all debit card transactions.
c. Money Market Account (Account Number ending in -6155)
We request the production of monthly account statements for the entire period specified above, reflecting all deposits, withdrawals, interest earned and credited, applicable interest rates, and beginning and ending account balances for each statement period.
These records are necessary to support the following critical aspects of the estate administration:
(a) Estate Inventory and Accounting. The estate accountant retained by Ms. Fonseca, Dennis Chua, CPA, of Ridgeway Accounting Partners LLP, requires comprehensive financial records in order to prepare the estate inventory and accounting required to be filed with the Probate Court, as well as the Decedent's final individual income tax return and any estate or fiduciary income tax returns that may be required.
(b) Community Property Tracing Analysis. Under California law, property acquired during marriage is presumed to be community property. A detailed community property tracing analysis will be required to determine the character of the assets held in the Decedent's accounts — that is, whether such assets constitute community property, the Decedent's separate property, or a combination thereof. This analysis requires a thorough review of deposit sources, account funding histories, and transaction patterns over a multi-year period.
(c) Estate Asset Valuation. Ms. Fonseca has retained Pinnacle West Appraisal Group LLC, under the direction of Dr. Sandra Fujimoto, ASA, CVA, to assist with the valuation of the Decedent's estate assets, including the investment portfolio held in the brokerage account. Dr. Fujimoto's valuation work requires access to detailed position-level data and transaction histories as of the date of death and for the preceding period.
We request that the documents described above be produced in both paper format (hard copies) and electronic format (PDF files on a USB drive or via secure electronic transmission) to the extent such formats are available. If any of the requested records are not available or would require an unusual amount of time to compile, we ask that you notify us promptly so that we may discuss alternative arrangements.
6. Request for Additional Information
In addition to the account statements and transaction records requested above, we respectfully request that Veltara Basin Bank, N.A. provide the following information relating to the Decedent's accounts:
(a) Account Ownership and Titling. Please confirm the ownership and titling of each of the three identified accounts, including whether each account is held solely in the Decedent's name, jointly with any other individual (and if so, the identity of the joint account holder(s) and the type of joint ownership), or subject to any transfer-on-death (TOD) or payable-on-death (POD) beneficiary designations. If any TOD or POD beneficiary designations are on file, please provide copies of all such designation forms.
(b) Signature Cards. Please provide copies of the most recent signature cards on file for each of the three identified accounts.
(c) Loans, Lines of Credit, and Other Obligations. Please identify and provide information regarding any loans, lines of credit, margin accounts, overdraft protection agreements, or other obligations that are secured by, linked to, or otherwise associated with any of the identified accounts, including outstanding balances, terms, and collateral pledged.
(d) Powers of Attorney and Authorized Signers. Please identify any powers of attorney, trading authorizations, or other instruments on file with the Bank that authorize any individual other than the Decedent to access, manage, or conduct transactions within any of the identified accounts. If any such authorizations exist, please provide copies of the relevant instruments.
(e) Safe Deposit boxes. Please advise whether the Decedent maintained any safe deposit boxes at any branch of Veltara Basin Bank, N.A. If so, please provide the location of the branch, the box number, and all access records (including the dates and identities of all individuals who accessed the box) for the period from January 1, 2018 through the present.
(f) Lumiére Canyon Studios LLC Accounts. We understand that the Decedent was a co-founder and fifty percent (50%) member of Lumiére Canyon Studios LLC, a California limited liability company with its principal office located at 4200 West Olive Avenue, Burbank, California 91505. Please confirm whether Lumiére Canyon Studios LLC maintains any accounts at Veltara Basin Bank, N.A. Our inquiry regarding the entity's business accounts is limited at this stage to confirmation of their existence and any relationship or linkage to the Decedent's personal accounts identified herein. We are not requesting detailed account records for the entity at this time, but reserve the right to make such requests in the future as the estate administration progresses.
7. Legal Authority and Basis for Requests
The requests set forth in this letter are made pursuant to and consistent with applicable provisions of the California Probate Code, including but not limited to the following:
California Probate Code Section 9650 et seq. authorizes the personal representative of a decedent's estate to take possession and control of the decedent's property for purposes of administration. Although Letters of Administration have not yet issued, Ms. Fonseca, as the petitioner for letters of administration and as the Decedent's surviving spouse, has a recognized interest in the preservation of estate assets during the pendency of the probate proceeding.
California Probate Code Section 8502 provides that, upon the filing of a petition for appointment of a personal representative, the court may make orders as necessary to preserve estate property. The requests made herein are consistent with the objectives of that statutory authority.
Additionally, under California law, a financial institution that receives notice of the death of an account holder is obligated to restrict access to the decedent's accounts pending the appointment of a personal representative or the presentation of other appropriate legal authority. We trust that the Bank will act in accordance with these obligations and its own internal policies regarding deceased account holders.
Ms. Fonseca, as the surviving spouse of the Decedent, has standing under California community property law to request information regarding accounts that may constitute community property of the marital estate. To the extent that assets held in the Decedent's accounts were acquired during the marriage, such assets are presumptively community property under California Family Code Section 760, and Ms. Fonseca retains a present ownership interest in the community property share of those assets.
We reserve all rights to seek court orders from the Los Angeles County Superior Court compelling the production of records, enforcing the account freeze, or obtaining such other and further relief as may be necessary to preserve the Decedent's estate assets and protect the rights of Ms. Fonseca and other interested parties, should the Bank fail to comply with the requests set forth herein in a timely and satisfactory manner.
8. Confidentiality and Litigation Hold Notice
Please be advised that the records and information requested in this letter may be relevant to pending or reasonably anticipated litigation in the Los Angeles County Superior Court, Case No. 22STPB09714, as well as any related proceedings that may arise in connection with the administration of the Decedent's estate, including but not limited to will contests, claims against the estate, community property disputes, and actions for the recovery of estate assets.
Accordingly, this letter constitutes a formal litigation hold notice. We hereby request that Veltara Basin Bank, N.A. immediately take all steps necessary to preserve all records, documents, correspondence, memoranda, notes, account records, electronically stored information (including emails, electronic files, database records, backup tapes, and metadata), and any other materials of any kind relating to the Decedent's accounts, the Decedent's relationship with the Bank, and the accounts and affairs of Lumiére Canyon Studios LLC to the extent related to the Decedent.
The Bank should not destroy, discard, alter, overwrite, or otherwise dispose of any such records, whether pursuant to routine document retention policies or otherwise, until this litigation hold has been expressly released in writing by Calderwood & Harkness LLP. Failure to preserve relevant records may result in adverse consequences, including the imposition of spoliation sanctions by the court.
9. Contact Information and Response Requested
We respectfully request that all responsive documents, confirmations, and communications relating to the matters addressed in this letter be directed to the undersigned at the following address:
Elliot Nguyen Calderwood & Harkness LLP 350 South Grand Avenue, Suite 4800 Los Angeles, California 90071 Telephone: (213) 629-7432 Facsimile: (213) 629-7401
Email: enguyen@calderwoodharkness.com
We request that the Bank provide a written response to this letter within ten (10) business days of receipt, confirming: (i) that the account freeze has been implemented and the effective date thereof; (ii) the Bank's plan and timeline for producing the requested account statements, transaction histories, and other information described herein; and (iii) any questions, concerns, or issues the Bank may have regarding the scope or nature of our requests.
Should you have any questions regarding this letter or the requests contained herein, or should you wish to discuss any aspect of this matter, please do not hesitate to contact the undersigned directly at (213) 629-7432 or by email at enguyen@calderwoodharkness.com. We are prepared to arrange a telephone conference or in-person meeting at your convenience to address any questions and to facilitate the efficient processing of these requests.
We appreciate your prompt attention to this matter and look forward to your timely response.
10. Enclosures
The following documents are enclosed with this letter:
Enclosure A: Certified copy of the Death Certificate of Teodoro R. Fonseca (d. September 3, 2022), issued by the County of Los Angeles, Department of Public Health — Vital Records.
Enclosure B: Copy of the Petition for Letters of Administration, filed October 5, 2022, in the Probate Division of the Los Angeles County Superior Court, Case No. 22STPB09714.
Enclosure C: Authorization executed by Marguerite D. Fonseca, dated October 12, 2022, authorizing Calderwood & Harkness LLP to act on her behalf with respect to all inquiries, requests, and communications concerning the Decedent's accounts at Veltara Basin Bank, N.A.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Elliot Nguyen Associate Admitted to the California State Bar (2018) Bar No. 327194
Enclosures (3)
cc: Howard Quinn, Esq., Calderwood & Harkness LLP (Responsible Partner) (via internal distribution) cc: Marguerite D. Fonseca (via U.S. Mail and email)

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