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[30:34]
Thank you.
[31:04]
call whenever you let me just turn
[31:07]
volume up on this one second here.
[31:23]
See,
[31:26]
>> the icon
[31:29]
turn.
[31:32]
» Just one second. Sorry.
[31:44]
Sound. Okay.
[31:59]
You want me to come to order? Would you
[32:00]
like to go to order?
[32:02]
>> Would you possibly?
[32:04]
>> Okay. So, it's 9:31 on August 24th.
[32:07]
We'll call the meeting to order
[32:10]
and I'll start with the roll call.
[32:12]
Hearing Officer Cohen
[32:14]
>> present.
[32:15]
>> Okay. And that concludes the roll call.
[32:18]
Okay. Will everybody please stand for
[32:19]
the pledge of allegiance?
[32:29]
» Yes. We'll just
[32:32]
>> and begin
[32:35]
to flag United States of America and to
[32:39]
the republic for which it stands. One
[32:41]
nation under God, indivisible with
[32:45]
liberty and justice for all. Will the
[32:47]
audience please remain standing?
[32:51]
I'll now place you under oath. Please
[32:53]
raise your right hand. When I complete
[32:55]
reading the oath, please state, I do.
[32:57]
You do solemnly affirm that the
[32:59]
testimony you're about to give in the
[33:00]
matter now pending before this board
[33:02]
will be the truth, the whole truth, and
[33:04]
nothing but the truth.
[33:05]
>> Thank you.
[33:16]
That takes us to item number five,
[33:18]
agenda review.
[33:23]
The clerk of the board recommends
[33:24]
approval of the agenda reviews by the
[33:26]
assessment of by the hearing officer.
[33:28]
The agenda review consists of the
[33:29]
following agenda items. Item number 10,
[33:33]
application number 231155.
[33:37]
Francisco and Margaret Swain irrevocable
[33:39]
trust denied due to lack of appearance.
[33:42]
Item number 21, application number
[33:45]
2410484.
[33:48]
Applicant N92714
[33:50]
LLC, denied due to lack of appearance.
[33:54]
Item number 24, application number
[33:56]
2411067.
[33:59]
Applicant Matthew Freeland, removed from
[34:01]
the agenda due to the submission of a
[34:02]
withdrawal. Item number 25, application
[34:06]
number 2411079.
[34:09]
Applicant Lucas Sellers Wine denied due
[34:11]
to lack of appearance.
[34:13]
Item number 26, application number
[34:16]
25100005.
[34:19]
Applicant Ohigh Valley Medp Spa denied
[34:22]
due to lack of appearance. Item number
[34:24]
28, application number 25100018.
[34:29]
Applicant, the Derek M. Olsen Living
[34:31]
Trust, denied due to lack of appearance.
[34:34]
Item number 29, application number
[34:36]
25100019,
[34:39]
continue to October 26, 2026, pending
[34:42]
receipt of an original stipulation.
[34:45]
Item number 31, application number
[34:47]
2510237.
[34:49]
Applicant Aurora Sendas continue to
[34:52]
October 26, 2026, pending receipt of an
[34:55]
original stipulation.
[34:57]
Item number 35, application number
[34:59]
251041.
[35:02]
Applicant Maria J. Martinez denied due
[35:05]
to lack of appearance. Items number
[35:08]
items 36 and 37. Applications 2510437
[35:13]
and 2510439.
[35:16]
Applicant Frederick Ward L. To tell
[35:18]
Trust continue to October 26, 2026.
[35:22]
Penny receipt of original stipulations.
[35:25]
Item number 39, application number
[35:27]
2510470.
[35:30]
Applicant Kenhai continue to October 26,
[35:33]
2026 pending receipt of original
[35:36]
stipulations.
[35:38]
Item number 40, application number
[35:40]
2510471.
[35:42]
Applicant Alona Ferlin
[35:45]
removed from the agenda due to the
[35:46]
submission of withdrawal.
[35:49]
Item number 41, application number
[35:51]
2510477.
[35:53]
Applicant Roger Stone, continue to
[35:55]
October 26, 2026. Penny receipt of
[35:58]
original stipulations.
[36:01]
Item number 42, application number
[36:04]
2510482.
[36:06]
Applicant Masad M. Afar, continue to
[36:09]
October 26, 2026, pending receipt of an
[36:12]
original stipulation.
[36:14]
Item number 43, application number
[36:17]
2510494.
[36:19]
Applicant Anish B. Shestra, denied due
[36:23]
to lack of appearance.
[36:25]
Item number 44, application number
[36:28]
2510589.
[36:30]
Applicant Frederick Silvers, denied due
[36:32]
to lack of appearance.
[36:34]
Item number 49, application number
[36:37]
2511779.
[36:39]
Applicant Charlene Toledto continue to
[36:42]
October 26, 2026 pending receipt of an
[36:45]
original stipulation.
[36:48]
Item number 50, application number
[36:50]
2511816,
[36:52]
applicant Bolt Chiropractic, continue to
[36:55]
October 26, 2026, pending receipt of an
[36:58]
original stipulation.
[37:00]
And item number 51, application number
[37:02]
2511837.
[37:05]
Applicant Linda Santianis, continue to
[37:08]
October 26, 2026 penny receipt of
[37:11]
original stipulation.
[37:16]
» The agenda is so approved.
[37:17]
>> Okay.
[37:33]
Sorry, I'm having issues.
[38:06]
Okay. Item number six, public comments.
[38:09]
Is anybody in attendance that does not
[38:11]
have an item on the agenda?
[38:15]
Okay. There are no requests to speak.
[38:19]
Okay. Item number seven, hearing officer
[38:21]
comments.
[38:22]
>> No hearing officer comments.
[38:23]
>> Okay. No comments. That takes us to um
[38:27]
the first item on our agenda. Would you
[38:29]
like to read it out or would you like me
[38:31]
to take us through the agenda?
[38:32]
>> Would you read it for us, please?
[38:34]
>> Okay. First item, item number eight,
[38:36]
application number 2310594,
[38:40]
Martin Family Investments LLC, and we
[38:43]
have David Misco here in person.
[38:47]
Misco,
[38:48]
>> morning.
[38:49]
>> Good morning.
[38:50]
>> Let's hold it over. I'm still waiting
[38:51]
for all the refunds. I know resolution
[38:53]
came from you folks in April, but we're
[38:54]
still not [clears throat] getting the
[38:56]
checks real fast.
[38:57]
Okay.
[38:58]
>> The assessor is good with that.
[39:00]
Actually, our notes are there. He's
[39:02]
waiting for the refund to withdraw his
[39:04]
book deal basically.
[39:05]
>> Okay. And so you'd like a a continuence
[39:07]
until that has occurred.
[39:09]
>> Okay.
[39:10]
>> How how long do these refunds usually
[39:11]
take?
[39:13]
>> Has the assessor any idea?
[39:15]
>> I don't want to have idea for the the a
[39:17]
has some issues there. I don't know. You
[39:18]
might contact the auditor's office.
[39:20]
>> Okay. I got I got one in May and one in June. Haven't seen one since.
[39:26]
So, our options for continuance are
[39:29]
October 26, 2026, which is 63. And this goes for everyone requesting a
[39:34]
continuence today. Um, we have October
[39:36]
26, 2026, 63 days from now. Um, I'm
[39:39]
assuming there's no data, but if you
[39:41]
need to provide data, it would be due by
[39:43]
September 26, 2026, or February 22nd,
[39:47]
2027, which is 183 days from now. Data
[39:50]
would be due January 23rd, 2027. Sorry,
[39:53]
that's my typo.
[39:57]
And uh you have a waiver on file so you
[39:59]
can continue to whichever date you'd
[40:01]
like.
[40:01]
>> Let's do the February.
[40:02]
>> February done there.
[40:04]
>> Okay. Any um questions about that
[40:07]
continuence date or issues from theor?
[40:09]
>> Our the assessor has done everything
[40:12]
need to get done at our end
[40:14]
check.
[40:15]
>> Okay, good. That was February 87.
[40:18]
>> February 22nd 2027.
[40:20]
>> Okay. Uh and so this matter is continued
[40:23]
to February 22nd, 2027. Thank you.
[40:27]
>> Thank you.
[40:34]
» And then just to confirm the assessor,
[40:36]
there's no data providing nothing.
[40:55]
» [clears throat]
[40:56]
>> And that takes us to item number nine,
[40:59]
application number 2311125.
[41:02]
Applicant David R. Williams.
[41:06]
Do we have Mr. Williams in attendance?
[41:09]
Okay. I did speak with the applicant
[41:11]
last week. Um he was hopeful that a stip
[41:13]
was going to be signed. Um but he
[41:16]
understood that if it wasn't um he he
[41:19]
was okay with the deny due to lack of
[41:20]
appearance and so
[41:22]
>> right
[41:23]
>> the recommended action would be to deny
[41:25]
application number 2311125
[41:28]
for lack of appearance
[41:29]
>> and that application is denied for lack
[41:31]
of appearance.
[41:41]
That takes us to items 11 through 13.
[41:44]
Applications 2311849
[41:48]
through 2311851.
[41:50]
Applicant Dean Delorenzo.
[41:55]
We have a Dean Delorenzo here.
[41:59]
Okay. Um, I did speak with the applicant
[42:02]
last week and he confirmed that his um
[42:09]
that his appeal has been resolved. Um,
[42:11]
and he wanted to continue for refund
[42:14]
processing, but as he did not attend.
[42:16]
Uh, we would recommend denying the
[42:19]
applications due to lack of appearance.
[42:21]
Uh, the issues been resolved. He'll get
[42:23]
refunds regardless. Um, I think he just
[42:25]
wanted to keep them open as a formality.
[42:28]
>> Can the same as other children. The um
[42:31]
we did everything on the assessor side
[42:32]
or just wait for the auditor read button
[42:35]
to check.
[42:35]
>> Okay. Was it a stipulation?
[42:37]
>> Uh
[42:39]
I probably was. I do not know top of my
[42:41]
head.
[42:41]
>> All right. Uh so this application is
[42:43]
denied for lack of appearance.
[42:55]
And that takes us to item number 14.
[42:57]
Application number 2311886.
[43:01]
Applicant Sunil Raj Po Pro
[43:06]
and we have Sil here in person.
[43:08]
>> Yeah. Good morning. Um and at this time
[43:11]
we continue to authorize those lies
[43:13]
office and uh Mr. Jeffrey and uh today I
[43:17]
would sincerely request continuence.
[43:20]
>> You're requesting a continuance.
[43:22]
>> Yes. And um I had a little difficulty
[43:24]
hearing you. Could you tell me the
[43:26]
reason you're requesting the
[43:27]
continuence, please?
[43:28]
>> Sure. As I uh mentioned uh we've been
[43:31]
working very closely with uh M Jeffrey
[43:33]
who's our assessor
[43:34]
>> and there have been a lot of information
[43:36]
additional information over the the
[43:39]
course of last three or four weeks we
[43:41]
have sent out information for the
[43:44]
assessor's office to consider. So I
[43:45]
would imagine it would take a limited
[43:46]
time for them to suitably incorporate
[43:48]
that and uh we can then proceed with the
[43:50]
process.
[43:51]
>> Okay, I see. Uh to the assessor could
[43:54]
>> the applicant is correct. Um we're still
[43:56]
working from this. Jeffree is still
[43:57]
working with him and going through the
[43:58]
process. So hopefully we don't have to
[44:00]
hear but um
[44:01]
>> Okay.
[44:01]
>> Going through the process.
[44:02]
>> Um okay, very fine. Um would you prefer
[44:05]
the February uh the October the 26 2026
[44:10]
date or the February 22 2027 date? Let
[44:14]
me ask the assessor what they think
[44:15]
first and I'll come back to you.
[44:18]
>> Um either or would be f actually either
[44:21]
or would be fine. I would actually say
[44:22]
the February 22nd um 2027 would be
[44:24]
actually the best for the assessor. Just
[44:26]
as Jeff um asked some plans coming up.
[44:30]
So I was wondering if they could push
[44:31]
out where possible.
[44:33]
>> All right. Thank you. Uh would the
[44:35]
February 22nd, 2027 date work for you
[44:38]
for to continue this matter?
[44:40]
>> Well, I would effort to you know
[44:42]
whatever works for the office. It's been
[44:44]
pending for you know some time now and
[44:45]
the information uh in the data request.
[44:47]
So hoping there's not too much the
[44:49]
additional data request but at this time
[44:52]
we would prefer October but I was happy
[44:54]
to sort of refer to the assessor's
[44:55]
office you know not an issue.
[44:58]
>> Did she give you any any estimate of how
[45:00]
much time it would take for her to get
[45:02]
back with you?
[45:03]
>> No uh we didn't have conversation to
[45:06]
that effect. We're still trying to sort
[45:07]
of you know absorb the information and I
[45:10]
would imagine that we receiving this
[45:11]
hearing and busy so we didn't get to
[45:14]
connect uh but as I said obviously it's
[45:16]
been pending for some time so you know
[45:18]
prefer October but then I would refer to the assess office happy to
[45:22]
support the February timeline as well
[45:24]
>> I see it's a 2023 appeal application
[45:28]
um do you think it would be reasonable
[45:32]
for October 26 in this case
[45:34]
>> okay thank Thank you. So this matter is
[45:37]
continued to October 26, 2026.
[45:41]
>> Thank you.
[45:41]
>> Okay. And you are available on that
[45:43]
date?
[45:43]
>> Yes.
[45:44]
>> Okay. Perfect. And you have a waiver on
[45:45]
file. So you are all set. Any additional
[45:48]
data would be um turned into by
[45:50]
September 26th.
[45:52]
>> Thanks.
[46:12]
That takes us to
[46:15]
item number 15, application number
[46:18]
2311946.
[46:20]
Applicant Thompson Family Trust.
[46:24]
Do we have anyone checked in for
[46:27]
Thompson Family Trust?
[46:30]
No.
[46:32]
Okay. So, looks like no one has checked
[46:34]
in for this item. Um, I did speak with
[46:36]
the applicant last week and confirmed uh
[46:39]
Rita would be intendance in attendance
[46:41]
for a continuence request, but it looks
[46:44]
like um it'll be a denied due to lack of
[46:47]
appearance.
[46:48]
>> Yes, this this shall be denied for lack
[46:50]
of appearance.
[47:01]
And that takes us to item number 16,
[47:03]
application number 2311957,
[47:06]
Reed Trust, dated March 7th, 2023.
[47:10]
We have
[47:11]
>> Brandon, John, Senator on behalf of my
[47:13]
client Patty Joe Reed. We spoke with the
[47:17]
assessor's office and agreed to
[47:19]
continue, but that's okay.
[47:22]
>> Okay. And for what reason though?
[47:24]
>> Still working with my client on trying
[47:26]
to figure out a resolution. Just not quite an error on figuring out
[47:30]
a resolution to the
[47:33]
>> Okay.
[47:33]
>> Sorry.
[47:35]
>> I see this is a 2023 case. Uh to the
[47:38]
assessor, could you brief me on where
[47:40]
you are on this?
[47:43]
>> Um my notes don't show that right now.
[47:46]
Um my notes say attorney will continue.
[47:49]
Um
[47:50]
actually Jose Angel can you come up and
[47:54]
speak to that?
[47:57]
>> Yes with the assessor's office. Um so we
[48:01]
did our review but we don't see
[48:05]
uh how to resolve the issue. Um so the
[48:08]
attorney has to decide if they want to
[48:09]
present
[48:11]
resolution.
[48:14]
>> So that's what I'm working with my
[48:15]
client on. We're trying to work on
[48:16]
figuring out what we want to do, whether
[48:19]
we want to submit more information or
[48:21]
how to resolve it.
[48:22]
>> Okay.
[48:23]
>> Just not there yet.
[48:24]
>> Okay. So, I'm understanding the assessor
[48:26]
that there's no recommended reduction
[48:28]
that you the assessor would be
[48:30]
supporting the role value. Correct.
[48:33]
Okay. How much time do you feel you
[48:35]
would need to speak with your client and
[48:38]
>> probably the February date would be best
[48:40]
if it's enough time for preparing?
[48:43]
>> Okay. Okay. Uh, what type of property is
[48:46]
this?
[48:47]
>> It's a single family residence or home.
[48:49]
>> Uhhuh.
[48:50]
>> Yeah.
[48:51]
>> Do you need till February to prepare
[48:55]
appraisal for single family residents?
[48:57]
>> Maybe
[49:00]
it's a change in ownership issue. Yeah.
[49:02]
>> Oh, it's a change in ownership issue.
[49:05]
Okay. Rather than a valuation issue.
[49:07]
>> Correct.
[49:08]
>> Oh, I see. I see. Okay. Okay. Um, all
[49:13]
right. This matter is then continued.
[49:15]
Does the assessor by the way have any
[49:17]
objection to or or any thoughts about
[49:19]
continuing to the February 2027 date?
[49:23]
>> No, we do not.
[49:24]
>> All right. Okay. So, this matter then is
[49:27]
continued to February 22nd, 2027.
[49:31]
>> And then I just want to confirm is there
[49:33]
a data provisal on that?
[49:36]
>> Um three I have a 30-day provisal
[49:39]
hearing. Do you have any objections to
[49:40]
providing any data to the assessor's
[49:42]
office at least 30 days prior to
[49:45]
>> just in case?
[49:45]
>> No objection.
[49:46]
>> Is that data requested by the assessor?
[49:49]
Is that is that how that works?
[49:51]
>> It's a change ownership. So, it's a
[49:52]
little different to recording deeds and
[49:54]
that aspect of it, but we do like a
[49:56]
30-day previsor if we do need something
[49:57]
different from the applicant. Would that
[49:59]
be triggered by a request from the
[50:01]
assessor or is that just a blanket
[50:03]
request where you're asking the
[50:05]
applicant to send
[50:07]
any information that he may feel is
[50:09]
pertinent?
[50:09]
>> A blanket within 30 days. If Jose is
[50:12]
still going through the files and trying
[50:13]
to well, he did go through the files,
[50:15]
but anything else he could provide us,
[50:16]
the applicant can provide us for his
[50:18]
case may help us out.
[50:21]
>> Is there any information that you need
[50:23]
at this point?
[50:24]
>> Um, from our review, it does on the
[50:26]
plan. We just need to know if they're
[50:29]
going to withdraw or they're going to
[50:30]
>> Okay. Thank you.
[50:31]
>> And we don't see a resolution
[50:33]
data received everyone the situation.
[50:36]
>> All right. Thank you.
[50:37]
>> So if it helps the data proviso is if
[50:40]
they provide additional data, it needs
[50:41]
to be 30 days prior to give Jose and Joe
[50:44]
enough time. Um I don't think they're
[50:46]
asking for anything at this point, but
[50:48]
if they do, just 30 days prior. If
[50:51]
there's data that you'd like the
[50:52]
assessor to review that you would be
[50:55]
presenting that you feel is pertinent
[50:57]
then um the uh order is going to be
[51:01]
asking you to present that to the
[51:03]
assessor no later than 30 days prior to
[51:06]
the hearing which is going to be
[51:08]
February 22nd 2027 and that is so
[51:11]
ordered.
[51:13]
make it. We'll be fine.
[51:20]
» And you have a waiver, correct?
[51:21]
>> Yes. Yes. That application has a
[51:23]
two-year waiver on file. So, you're all
[51:25]
set.
[51:25]
>> Thank you.
[51:26]
very much. I appreciate it.
[51:30]
>> Thank you.
[51:32]
>> That takes us to item number 17,
[51:35]
application number 2410265.
[51:38]
applicant Christine Chia uh Fang.
[51:44]
Do we have anyone here for that item?
[51:47]
Okay. Looks like we spoke with uh the
[51:55]
applicant last week and she indicated
[51:58]
she'd be submitting a withdrawal, but we
[52:00]
did not receive that withdrawal. Uh the
[52:02]
recommendation would be to deny due to
[52:04]
lack of appearance.
[52:05]
>> Okay. It's ordered that this is denied
[52:07]
due to lack of appearance.
[52:16]
That takes us to item number 18,
[52:18]
application number 2410392,
[52:22]
applicant Charles Elliott. Do we have
[52:24]
anyone checked in for Charles Elliott?
[52:31]
Okay. Uh, my notes indicate that we
[52:34]
spoke with the applicant last week and
[52:36]
he indicates he sold the vessel and will
[52:38]
no longer pursue the appeal. Um, I did
[52:41]
send over those withdrawal instructions,
[52:42]
but we did not receive a withdrawal. So,
[52:44]
the recommendation would be to deny due
[52:46]
to lack of appearance.
[52:47]
>> It is ordered that this is application
[52:49]
is denied due to lack of appearance.
[52:57]
» Okay. Items 19 and 20 can be handled
[53:00]
simultaneously. These are applications
[53:02]
2410399
[53:04]
and 251171.
[53:07]
Applicant Vidal Valencia. Uh we we were
[53:10]
expecting this application these
[53:12]
applications to move forward today. Uh
[53:15]
the applicant called our office this
[53:16]
morning and indicates that he will not
[53:18]
be pursuing the matter and is fine with
[53:20]
a denial due to lack of appearance.
[53:23]
>> Okay. Then it is ordered that the two
[53:26]
applications shall be denied due to lack
[53:28]
of appearance.
[53:39]
That takes us to applicate to item
[53:41]
number 22, application number 2410492.
[53:46]
Applicant William Huninger and we have
[53:48]
Mr. Huninger here in person.
[53:51]
>> Thank you.
[53:52]
>> Good morning.
[53:53]
>> Just for investigate continuence. I've
[53:54]
been working with my the assessor's
[53:56]
office um and he asp.
[54:03]
» All right. And um if this is going to be
[54:07]
approved for continuence, would you
[54:08]
prefer October the 26 26 or February 22
[54:13]
27?
[54:15]
>> Whatever this means.
[54:16]
>> Okay. Let me check with them and see how
[54:18]
they're feeling. Um
[54:21]
could you brief me on this please?
[54:24]
This is an aircraft actually.
[54:26]
[clears throat]
[54:29]
Um, we got late data on 8526.
[54:32]
So, we need some time to process it.
[54:34]
That's the pro what we're doing right
[54:35]
now.
[54:35]
>> Uhhuh.
[54:36]
>> Um, a continuous be for the assessor for
[54:39]
20 26 2026.
[54:42]
>> Okay. Is there any other information
[54:43]
that you need?
[54:44]
>> I always like 30 advisor just in case
[54:46]
there's some information that we come up
[54:48]
with that we may need or the applicant
[54:49]
has some more data want to give to us.
[54:51]
>> Okay. So, the provisor, the 30-day
[54:54]
provisal would be if the assessor
[54:55]
requests information from you, they
[54:57]
would uh or would like to have it um
[55:01]
what will be ordered that it will be
[55:03]
turned in to the assessor no later than
[55:06]
30 days prior to the continued hearing
[55:09]
which um is October the 26, 2026. Would
[55:13]
that work for you?
[55:14]
>> Yes.
[55:14]
>> Okay.
[55:16]
>> And there's a waiver on file.
[55:18]
>> Mr. Ninger just provided a waiver, so we
[55:20]
are all set.
[55:21]
>> Okay. So, it is ordered that this
[55:23]
application shall be continued to
[55:25]
October 26, 2026 with a 30-day uh
[55:30]
proviso and with waiverss on file.
[55:34]
>> Thank you.
[55:36]
>> We're set. Thank you.
[55:43]
» Okay. And so that takes us to item
[55:45]
number 23, application number 2410576.
[55:50]
Applicant AM2
[55:53]
fly Susan Ying here in person.
[55:57]
>> Good morning.
[55:58]
>> Morning. Uh I've made three copies here.
[56:02]
>> Okay. Are you prepared to go forward
[56:04]
with hearing today?
[56:05]
>> Yes, I am.
[56:06]
>> Okay, good. You know what we're going to
[56:07]
do? Uh, let us finish this this agenda
[56:10]
first and then you'll be the first one
[56:12]
up for hearing.
[56:13]
>> Oh, okay. Sure.
[56:14]
>> Okay. Not not yet. Not quite yet.
[56:16]
>> Yeah. So, you can just hang on to those.
[56:18]
Um, you're checked in. We're moving
[56:19]
forward with the hearing today. So,
[56:20]
we'll get the continuences out of the
[56:22]
way and then um the assessor, are you
[56:24]
confirming you're prepared to present?
[56:25]
>> Assess our mic and um Kristen will be
[56:27]
ready to present. Yes.
[56:29]
>> Okay. Okay.
[56:34]
» Okay. And that takes us to
[56:36]
item number 27, application number
[56:39]
251006.
[56:43]
Applicant Kayn Glazer. And we have
[56:45]
Kaylin here in person.
[56:46]
>> Yes.
[56:48]
>> Good morning. Could you brief me on what
[56:50]
we're going to be doing today?
[56:52]
>> I think I'm asking for a continuence
[56:53]
because we're resubmitting everything.
[56:57]
>> Okay.
[56:59]
>> So, just a little background on this
[57:00]
one. Um there are two marks in the
[57:02]
assessor's office that they've been
[57:04]
working with
[57:05]
>> and so they believe they provided all
[57:07]
their data
[57:08]
>> to the assessor's office but
[57:11]
>> not to Mark Stove
[57:14]
>> in the appeals department. So just a
[57:17]
little
[57:17]
>> they told you that?
[57:18]
>> Yes. Yeah. Yeah. We had a little
[57:20]
[laughter]
[57:20]
>> Yeah.
[57:21]
>> You just discovered that did you how
[57:23]
long ago?
[57:25]
>> On on Thursday when I called say I
[57:27]
gotten a call saying submit everything
[57:28]
like I submitted everything to Mark.
[57:31]
And it was the wrong part. Oh,
[57:33]
>> okay. So, Mark didn't forward it over.
[57:35]
>> No, usually our departments or
[57:37]
residential or um property transfer
[57:39]
division works the everything up front
[57:42]
and then they file appeal. We get the
[57:43]
data from applicants. So, fresh eyes
[57:45]
look at the appeal. We could not get
[57:48]
skewed by what our departments did.
[57:50]
>> Okay. But Mark didn't forward.
[57:51]
>> Mark didn't forward it. No. And we
[57:53]
usually don't get forwarded um
[57:54]
information unless he did it recently.
[57:56]
>> I see. All right. Okay. Um so then um
[58:01]
forgive me if you've already said when
[58:03]
did you for forward the information over
[58:05]
to the assessment appeals mark?
[58:08]
>> Uh
[58:12]
just approximately we'll be fine.
[58:21]
the uh the the the mark that is supposed
[58:24]
to review your material from appeals.
[58:26]
Was that just recently?
[58:29]
>> No, was it just recently? It was
[58:32]
>> she she's asking about this this note.
[58:34]
[laughter]
[58:37]
» Sorry, I forwarded all the emails that I
[58:39]
sent to
[58:40]
>> When did you send it to this Mark?
[58:42]
>> Just this past Thursday.
[58:43]
>> Oh, you said so. Okay. Okay. Thank you.
[58:45]
I forgot you said that. I'm sorry. And
[58:47]
which date would you like to continue to
[58:49]
the
[58:51]
>> Okay. And then um Mark, is there any
[58:53]
more information that you have you had a
[58:55]
chance to review?
[58:57]
>> Okay.
[58:57]
>> So I imagine your procedure will be
[58:59]
review and let the applicant know if you
[59:01]
need more.
[59:02]
>> Yeah.
[59:02]
>> And then how much time before the
[59:04]
hearing would you like to see that
[59:05]
information? Uh
[59:07]
>> 30 days should it shouldn't take uh too
[59:09]
much documentation to prove your
[59:12]
>> Okay. Thank you.
[59:14]
There you go.
[59:15]
>> Okay.
[59:17]
Um, all right. And then there is a
[59:19]
waiver on file.
[59:20]
>> Uh, this So, if you're okay signing a
[59:22]
waiver, we have a a paper there for the
[59:25]
application. Um, and that's for the
[59:27]
continuence request.
[59:30]
>> And you're all right with signing that
[59:31]
waiver and turning that in to the clerk?
[59:34]
>> Yes. Is there any reason I shouldn't be?
[59:36]
>> It's up to you. You don't have to sign
[59:38]
it. Um, we have deadlines to get your
[59:42]
appeal resolved. And so if you sign a
[59:44]
waiver, it just kind of gives you more
[59:47]
flexibility with working with Mark. Um
[59:51]
it's up to you,
[59:52]
>> but you can if you sign it. By the way,
[59:55]
uh we have two years to hear your case
[59:58]
in from from filing. So um I don't think we normally ask for
[1:00:04]
them from 25 cases, do we?
[1:00:07]
>> Um we have been because it's
[1:00:09]
>> been an issue um
[1:00:11]
>> Okay.
[1:00:11]
>> lately. Okay. But I didn't mess up.
[1:00:14]
>> No.
[1:00:15]
>> Okay, good. So, um, yeah. So, it there's
[1:00:19]
just basically
[1:00:21]
the appeals board has two years from the
[1:00:24]
date of filing of your application to
[1:00:26]
render a decision. Okay? And if they
[1:00:29]
miss that, um, then
[1:00:33]
the value that you put on your
[1:00:34]
application goes on the roll until the
[1:00:36]
case can be heard. Now, um so that
[1:00:40]
waiver, um is waving your right to have
[1:00:43]
your application heard within the 2-year
[1:00:47]
deadline.
[1:00:48]
>> Okay.
[1:00:48]
>> And if you sign that, you do have a um
[1:00:51]
the option to um resend that waiver in
[1:00:56]
writing.
[1:00:56]
>> Okay.
[1:00:57]
>> And are the instructions on the waiver
[1:01:00]
by chance?
[1:01:01]
>> Uh yes, I believe so. I believe it it
[1:01:03]
explains um
[1:01:05]
>> they can be revoked at any time.
[1:01:07]
>> Yeah. And so
[1:01:08]
>> so you'll get a copy of that if you
[1:01:09]
decide to sign that. Are you all right
[1:01:11]
with signing that?
[1:01:12]
>> But if she doesn't sign it,
[1:01:15]
>> um then they just terminate the case.
[1:01:19]
>> No. No. Um if she doesn't sign it, um
[1:01:22]
basically we make sure to get your case
[1:01:25]
heard before that two years is expired.
[1:01:29]
>> So her original application was in
[1:01:32]
[clears throat] 2023.
[1:01:35]
When was that application filed? What
[1:01:36]
was the date?
[1:01:37]
>> So, that's a separate um that that
[1:01:40]
application wasn't accepted. It was
[1:01:41]
filed outside of the
[1:01:42]
>> Okay. filing peri. So, this is this is a
[1:01:44]
2025 application for a change in
[1:01:46]
ownership.
[1:01:47]
>> So, we're we're we're going by the 2025
[1:01:49]
application. The 2023
[1:01:52]
is not on the agenda here. We're talking
[1:01:55]
about this 2025.
[1:01:57]
And that was filed when?
[1:01:59]
>> Um July 2nd, 2025.
[1:02:05]
Okay. Do you want to do you want to
[1:02:07]
speak with each other and then we'll
[1:02:09]
come back to you. You can decide.
[1:02:12]
>> Is all right.
[1:02:15]
>> Yes.
[1:02:16]
>> If she has data for us, can is those
[1:02:18]
copies? Can we can you hand them to Mark
[1:02:19]
now? So we don't have to mail them in or
[1:02:21]
email them or
[1:02:23]
>> documentation. That'd be great if you
[1:02:26]
or or give Jose.
[1:02:28]
>> Do you have your You're keeping your
[1:02:30]
original, right?
[1:02:31]
>> They're all just copies.
[1:02:35]
So we don't have
[1:02:37]
>> Okay. All right. So then um let's see
[1:02:41]
here. Um then um
[1:02:45]
we're talking about continuing till
[1:02:49]
for this. What do you think? October.
[1:02:51]
Yeah,
[1:02:51]
>> I think you said so.
[1:02:52]
>> It should be.
[1:02:53]
>> Okay. Thank you. Um how uh would October
[1:02:56]
the 26, 2026 work for you for this
[1:02:59]
hearing to be continued to? Okay. So
[1:03:02]
it's so it's ordered that this uh
[1:03:04]
hearing shall be continued to October
[1:03:06]
26, 2026
[1:03:09]
um with the data proviso of 30 days
[1:03:13]
prior to hearing no later than and
[1:03:17]
that's with signed waiver which the
[1:03:19]
applicant has consented to. That's so
[1:03:22]
ordered. Thank you.
[1:03:25]
>> You're all set.
[1:03:33]
Okay, that takes us to item number.
[1:03:36]
>> Somebody has a question.
[1:03:37]
>> I just wanted to ask, are you a judge?
[1:03:39]
>> No, I'm an attorney. I'm an attorney.
[1:03:42]
>> Know who? Everyone.
[1:03:44]
>> Yeah, I'm not uh employed by the
[1:03:46]
assessor's office, by the way. I'm
[1:03:48]
independent
[1:03:50]
here to provide unbiased opinions.
[1:03:53]
Okay.
[1:03:56]
» Okay. Thank you. And then sorry, can we
[1:03:58]
get your name for the record?
[1:04:00]
>> Glazer.
[1:04:03]
» E L I N.
[1:04:05]
>> E L L E N
[1:04:08]
G L A C E R. I'm
[1:04:14]
supposed to
[1:04:18]
» Okay, thank you. You're all set. As soon
[1:04:20]
as we get that waiver, you can.
[1:04:22]
Okay, that takes us to item number 30.
[1:04:24]
Application number 2510179.
[1:04:28]
Applicant Ashan uh Gai and Shaham Fatmi.
[1:04:33]
Do we have anyone checked in for this
[1:04:35]
item?
[1:04:38]
Okay. My notes indicate that we spoke
[1:04:40]
with the applicant last week and they
[1:04:43]
were going to submit a withdrawal. Um,
[1:04:45]
but we're fine with deny due to lack of
[1:04:47]
appearance. If they did not get that
[1:04:49]
withdrawing, the recommendation would be
[1:04:51]
to deny the lack of appearance.
[1:04:52]
>> It is so ordered.
[1:05:03]
That takes us to item number 32,
[1:05:06]
application number 2510346.
[1:05:09]
Applicant Kai Chiron.
[1:05:12]
We have Kai here in person.
[1:05:16]
» Okay. Uh, do you want to give us an
[1:05:18]
update on your appeal?
[1:05:20]
>> Yeah. When I find the paper for the
[1:05:22]
appeal, I submitted on the paper. If not
[1:05:25]
understanding, I think I spoke to you
[1:05:27]
and he told me to call Mark and he said
[1:05:30]
he didn't receive the copy of the paper.
[1:05:34]
So, I'm here to submit it again, I
[1:05:37]
guess, and hopefully resolve it.
[1:05:40]
>> Okay, let me ask the assessor. Let me
[1:05:42]
get their thoughts on this
[1:05:45]
>> um to the assessor. Can you brief me on
[1:05:46]
this, please? The notes my notes
[1:05:48]
basically say that he submitted with his
[1:05:50]
application the information the clerk of
[1:05:52]
the board
[1:05:53]
>> does not for that to us because of the
[1:05:55]
application. Oh.
[1:05:56]
>> So we never got it. Um and we still
[1:05:59]
haven't received the data. So today he
[1:06:01]
was to give us the data and we can
[1:06:02]
proceed from here.
[1:06:03]
>> Okay.
[1:06:04]
>> Do continuence.
[1:06:05]
>> All right. All right. Uh and and you
[1:06:07]
have information for a copy for the
[1:06:10]
assessor today. All right. Um and um
[1:06:16]
then uh would you would you need um
[1:06:19]
proviso uh after you re for after you
[1:06:22]
review the information if you should
[1:06:24]
need more?
[1:06:24]
>> Yes, there's always yes 30 proviso would
[1:06:26]
be great.
[1:06:27]
>> Okay.
[1:06:27]
>> Any of the hearing dates those two
[1:06:29]
dates.
[1:06:30]
>> Okay. And which date do you prefer?
[1:06:32]
>> I prefer not to come again because I
[1:06:34]
posted border to Arizona. So for that
[1:06:37]
matter it seems like commute. Oh,
[1:06:39]
>> who renders the whole process worthless?
[1:06:42]
I rather
[1:06:43]
>> provide the information whatever they
[1:06:45]
decide they decide and don't want to
[1:06:47]
come here.
[1:06:48]
>> Is it a base year appeal?
[1:06:51]
>> It's actually from the assessor's
[1:06:53]
office. I'm handling our appeal for you,
[1:06:55]
sir. Um, it's not a base year appeal.
[1:06:57]
It's you sold the vote just after lean
[1:06:59]
day. So, it's that sale information we
[1:07:01]
would need to try and evaluate whether
[1:07:02]
or not we should revise our lean date
[1:07:04]
assessment. [clears throat]
[1:07:05]
>> Oh, I see.
[1:07:06]
>> We just don't have to date again for the
[1:07:07]
sale price.
[1:07:08]
>> All right. All right. Would you be the
[1:07:10]
person accepting the information? Okay.
[1:07:13]
>> Okay. Um,
[1:07:14]
>> thank you.
[1:07:17]
>> All right, then. Um,
[1:07:28]
make sure
[1:07:30]
>> in case you decide and change your mind
[1:07:32]
and decide.
[1:07:34]
>> No, let me just ask you this way. Okay.
[1:07:35]
because I have I have to have one of two
[1:07:37]
dates in case you were to decide to
[1:07:40]
change your mind. Would you uh want to
[1:07:42]
come up?
[1:07:43]
>> It would be February.
[1:07:44]
>> February. Okay.
[1:07:47]
So, this matter is then continued
[1:07:49]
to February 22nd, 2027
[1:07:54]
uh with a 30-day proviso. And this is
[1:07:56]
the waiver waivers.
[1:07:58]
>> Um so, we don't have a waiver on file.
[1:08:00]
It sounds like he's not going to proceed
[1:08:02]
if the
[1:08:05]
>> Do you want to get him to sign a waiver
[1:08:07]
if he will do so?
[1:08:08]
>> Are you willing to sign a waiver for the
[1:08:09]
two years?
[1:08:10]
>> Since it was since last year, it gives
[1:08:12]
you another year. So, I see no point.
[1:08:15]
>> Okay. So, he's refusing to sign the
[1:08:16]
waiver. Um, we have
[1:08:17]
>> with no waiver on file. So, ordered
[1:08:20]
continued. Okay. Thank you.
[1:08:23]
>> Okay. Thank you.
[1:08:37]
And that takes us to item number 33,
[1:08:41]
application number 2510361.
[1:08:44]
Applicant Rajie Yata. And we have uh
[1:08:47]
Rajie here in person. Um our office did
[1:08:50]
not receive a confirmation of attendance
[1:08:52]
on this application. Um the applicant
[1:08:54]
indicates that he did email us one. We
[1:08:57]
searched our records and were unable to
[1:08:58]
locate a confirmation of attendance.
[1:09:00]
>> Um so we would
[1:09:02]
>> recommend having a conversation with the
[1:09:04]
assessor's office and requesting a
[1:09:06]
continuence of this matter.
[1:09:08]
>> Okay.
[1:09:08]
>> Um
[1:09:10]
>> let let me
[1:09:11]
>> possible we have we are very prepared
[1:09:14]
for it.
[1:09:17]
>> Are you prepared to move forward today
[1:09:19]
if the assessor is? Well, let me just
[1:09:21]
check with the assessor. Okay. Just a
[1:09:24]
minute please to the assessor. Are you
[1:09:26]
prepared to move forward?
[1:09:27]
>> We are not prepared to go forward with
[1:09:29]
this case. Um
[1:09:30]
>> because
[1:09:31]
>> we weren't he wasn't no confirmation of
[1:09:33]
parents
[1:09:33]
>> because they're not prepared.
[1:09:34]
>> Click on my notes here too. I believe we
[1:09:36]
still need some data from him. I believe
[1:09:38]
>> yes. So the no confirmation of
[1:09:40]
attendance requires a reschedule. Um and
[1:09:43]
the assessor is waved from submitting a
[1:09:45]
presentation um due to the no
[1:09:46]
confirmation of attendance. Again, the
[1:09:48]
applicant indicates he sent us one. We
[1:09:50]
searched our email. We searched our
[1:09:51]
online portal. We didn't get a
[1:09:52]
confirmation of attendance. Um, so you
[1:09:54]
can certainly provide that data to the
[1:09:56]
assessor today, request a continuance.
[1:09:59]
Hopefully there's no need to come back
[1:10:01]
um if they review it and and agree. Um,
[1:10:04]
but yeah, you would be required to
[1:10:06]
request a continuence today since we
[1:10:07]
didn't receive a confirmation of
[1:10:09]
attendance.
[1:10:10]
>> And then the confir where did you send
[1:10:12]
the confirmation last time to the
[1:10:14]
applicant? How how did you how did you
[1:10:17]
provide the conf confirmation that you
[1:10:19]
sent?
[1:10:20]
>> Emile.
[1:10:20]
>> Emailed.
[1:10:21]
>> Yeah.
[1:10:22]
>> Okay. Um, may I make a suggestion? Sure.
[1:10:26]
>> Uh, when when you make a confirmation
[1:10:30]
for this continued hearing, may I
[1:10:33]
suggest you give them a telephone call
[1:10:34]
to make sure that they've received it?
[1:10:36]
So, Okay.
[1:10:38]
>> Okay. Good. Um, and then do you have a
[1:10:41]
waiver?
[1:10:41]
>> We do not have a waiver. Would you be
[1:10:43]
willing to sign the two-year waiver for
[1:10:45]
the continuence request similar to the
[1:10:47]
previous
[1:10:50]
>> Okay. Um, and um I'm sorry. Did which
[1:10:55]
date uh did we prefer?
[1:10:58]
>> Either one's fine.
[1:10:59]
>> Either one. Okay. And which date do you
[1:11:01]
prefer to come back? October 26, 2026.
[1:11:05]
>> Yes.
[1:11:06]
>> Okay. Good. And the assessor may be
[1:11:10]
requesting additional information.
[1:11:12]
>> I found my notes on here. Actually, we
[1:11:13]
have not received any data from the
[1:11:15]
applicant. So, we definitely would need
[1:11:16]
some data if they have today. Um.
[1:11:18]
>> Okay. And
[1:11:20]
>> you've requested data, have you?
[1:11:21]
>> Yes. My notes from Miss Jeff is still
[1:11:24]
waiting for documentation by applicant.
[1:11:25]
So, we still haven't received any
[1:11:26]
documentation from
[1:11:27]
>> Okay.
[1:11:28]
>> So, it looks like it just was handed to
[1:11:30]
Jose.
[1:11:30]
>> Jose has it now. So, that's great.
[1:11:32]
>> Oh, good. Okay. Excellent. Okay. So this
[1:11:35]
matter is continued to October 26, 2026
[1:11:39]
with the um applicant consenting to sign
[1:11:43]
a written waiver today and there shall
[1:11:46]
be a 30-day proviso if the assessor
[1:11:49]
needs more information um that you shall
[1:11:52]
be submitting it no later than 30 days
[1:11:54]
before October 26, 2026.
[1:11:57]
And that is so ordered. Thank you.
[1:12:00]
>> Then if you don't mind waiting around a
[1:12:01]
few minutes, my colleague's going to
[1:12:02]
bring down more waiverss. We we ran out
[1:12:04]
of the the paper.
[1:12:14]
That takes us to item number 34,
[1:12:16]
application number 2510394.
[1:12:19]
Applicant Eric Garcia.
[1:12:23]
We have Eric Garcia here in person.
[1:12:26]
>> Good morning.
[1:12:26]
>> Hi.
[1:12:27]
Um question to see if they can reassess
[1:12:30]
the uh the stipulation
[1:12:32]
to reflect a little closer to actual
[1:12:35]
cost of repairs that are going to be
[1:12:36]
required.
[1:12:37]
>> Oh, is this is that stipulation um
[1:12:40]
signed by all of the parties or just the
[1:12:43]
assessor? What what what's the status of
[1:12:46]
the signatures on that?
[1:12:47]
>> There is Okay.
[1:12:50]
>> So, it hasn't been signed. the it sounds
[1:12:51]
like the assessor's office has offered a
[1:12:53]
stipulation and he hasn't signed it and
[1:12:55]
so he wants more time to
[1:12:57]
>> um for our discussion he wants more time
[1:12:59]
to see if they can
[1:13:01]
>> you don't quite agree with the you feel
[1:13:03]
the stipulated value is not correct
[1:13:06]
>> correct okay um have you discussed it
[1:13:09]
with the assessor yet
[1:13:10]
>> not actually feels like it kind of was
[1:13:13]
in standby since the first time we
[1:13:15]
showed up
[1:13:16]
>> okay
[1:13:16]
>> yeah okay
[1:13:17]
>> I guess I'll do that now
[1:13:19]
>> okay And um let me check with the
[1:13:22]
assistant and I'll come back with you on
[1:13:24]
a date.
[1:13:25]
>> Okay. Could you brief me on this?
[1:13:27]
>> Um right, Miss Jeff um Dr. applicant
[1:13:32]
>> gave him the stipulation and still
[1:13:33]
waiting to hear back or heard anything
[1:13:34]
back since the stipulation got offered.
[1:13:36]
Um so we're still waiting. So we didn't
[1:13:38]
know if he was agree with the
[1:13:39]
stipulation or not.
[1:13:40]
>> I guess he does not. Okay.
[1:13:42]
>> Um we going to continue if possible we
[1:13:44]
could work with them and go from there.
[1:13:46]
>> Okay. Uh how much time does the assessor
[1:13:48]
need? Uh would you prefer the October
[1:13:51]
26th date?
[1:13:52]
>> That'd be that'd be fine for the
[1:13:53]
>> assessment. Either date is fine.
[1:13:57]
>> Okay, great. Um okay. And then um
[1:14:00]
>> and then same thing, we have the we have
[1:14:02]
the um the two waiver right there. It
[1:14:04]
sounds like it's a quick continuence. Um
[1:14:07]
but
[1:14:08]
>> Okay, perfect. Thank you.
[1:14:09]
>> And you agreed to sign that?
[1:14:11]
>> Correct.
[1:14:12]
>> Okay, thank you. Okay. So, this it's
[1:14:15]
going to be ordered that this matter
[1:14:16]
shall be continued to October 26, 2026
[1:14:21]
uh with the 30-day proviso
[1:14:24]
and uh with the applicant stating that
[1:14:27]
he will be signing the wa written waiver
[1:14:29]
today. So, or that's that's the order.
[1:14:32]
>> Okay.
[1:14:35]
Thank you. And then I'll take the
[1:14:37]
waiver.
[1:14:41]
Okay.
[1:14:46]
is from the explanation just
[1:14:59]
okay that takes us to
[1:15:04]
sorry item number
[1:15:09]
38 application number 251 10461
[1:15:14]
applicant Farzad Moajani.
[1:15:17]
Do we have Farzad here? Okay.
[1:15:20]
>> Thank you for the opportunity for
[1:15:21]
considering my case. Uh I'm here to
[1:15:24]
request for a I've been um communicating
[1:15:28]
with Mark Stober from the cessor's
[1:15:32]
office and he was wondering if you could
[1:15:34]
consider continuous to allow more time
[1:15:37]
for the communication.
[1:15:39]
>> Okay.
[1:15:41]
Um, have you provided information to to
[1:15:45]
the assessor?
[1:15:46]
>> Yes, I have provided information
[1:15:50]
to the access.
[1:15:52]
>> Okay. And then let me check with the
[1:15:53]
assessor. Could you brief me on this?
[1:15:56]
>> Uh, we received information on the 13th
[1:15:58]
of this month. So, we still need time to
[1:16:00]
go through it and make sure our
[1:16:03]
evaluation what we do valuation or
[1:16:05]
change ownership.
[1:16:06]
>> Okay.
[1:16:10]
value.
[1:16:11]
>> It's it's value for a date of change of
[1:16:14]
ownership.
[1:16:15]
>> Is that right? Or is it a decline?
[1:16:18]
>> Uh I believe it's a data change.
[1:16:29]
» And Mr. Mahadani, are you also the
[1:16:31]
waiver? Are you okay sending the um the
[1:16:34]
waiver for the continuence request?
[1:16:36]
Would it be possible for me to get
[1:16:38]
myself familiar with the VA request
[1:16:40]
after reading it and then um submit a
[1:16:44]
paper later at a later time?
[1:16:48]
>> Um
[1:16:49]
yeah, so um it it pretty much just
[1:16:53]
allows the county more flexibility while
[1:16:56]
you guys are gathering data. Um the
[1:16:59]
expectation would be that you move
[1:17:01]
forward today, but since the data is
[1:17:03]
just recently being provided, the
[1:17:05]
county's going to need more time to
[1:17:06]
review the the data. Um
[1:17:10]
but yeah, we we can't force you to sign
[1:17:13]
the waiver.
[1:17:15]
>> Okay. If you decide to sign it, then um
[1:17:18]
you take uh electronic.
[1:17:20]
>> Yes, we we also take electronic. Um so
[1:17:22]
it's you're not signing the waiver
[1:17:24]
today.
[1:17:25]
I would like to read through the if
[1:17:27]
possible and and if the opportunity to
[1:17:31]
sign it electronically is there would be
[1:17:33]
fantastic.
[1:17:33]
>> Okay. But just to confirm not today.
[1:17:35]
>> Yeah.
[1:17:37]
>> It's fine.
[1:17:38]
>> Yes.
[1:17:38]
>> It's decline in value.
[1:17:39]
>> Okay. Thank you. Okay. Thanks. All
[1:17:41]
right. Um then um
[1:17:46]
then October the 26 the assessor said
[1:17:48]
that would be all right. Is that all
[1:17:49]
right with you? October.
[1:17:52]
>> Forgive me if you've already said so.
[1:17:54]
forgive me if you've already said
[1:17:57]
October 26, if I'm asking you to repeat
[1:17:59]
anything. Um, okay. Uh, so then, um, it
[1:18:03]
is ordered that this, uh, application
[1:18:06]
shall be continued to October 26, 2026
[1:18:09]
for good cause with a 30-day proviso, no
[1:18:13]
waiver on file.
[1:18:18]
Just a quick question, but would that
[1:18:20]
allow me time to the assessor office to
[1:18:22]
look into the application? It just
[1:18:24]
confirms.
[1:18:26]
>> Why don't we let you ask the assessor uh
[1:18:28]
if I can make it to February? If after
[1:18:31]
they answer you decide you want to move
[1:18:33]
it to February,
[1:18:35]
>> it should be it shouldn't be a problem
[1:18:36]
at all. Um it's up to you what you like
[1:18:38]
to do all that, but it shouldn't be a
[1:18:39]
problem. It's just it.
[1:18:42]
>> Thank you. Appreciate it. So, October
[1:18:45]
26th, everybody's all good. Okay.
[1:18:48]
>> Okay.
[1:18:48]
>> We're all set.
[1:18:50]
Okay.
[1:18:51]
>> Thank you. If you'd like, you can pick
[1:18:53]
up a waiver and give it some thought. If
[1:18:55]
you decide to sign it, you can turn it
[1:18:58]
in electronically.
[1:19:00]
Okay. Thank you.
[1:19:02]
>> That takes us to item number 45,
[1:19:05]
application number 2510653.
[1:19:09]
Applicant Christy Aldo.
[1:19:13]
Do we have anyone checked in for
[1:19:14]
Christie Aldra?
[1:19:22]
» So, my notes indicate that we were
[1:19:24]
unable to contact the
[1:19:27]
Sorry,
[1:19:29]
>> they have an agent.
[1:19:30]
>> Yeah.
[1:19:34]
Oh, okay. Sorry. Attorney uh Gerald, we
[1:19:36]
spoke with his office last week and the
[1:19:39]
he's okay with the denial due to lack of
[1:19:40]
appearance.
[1:19:41]
>> Okay.
[1:19:43]
It is so ordered that this matter is
[1:19:45]
denied for due to lack of appearance.
[1:19:49]
Okay,
[1:19:49]
>> set that takes us to item number 46,
[1:19:53]
application number 2510884,
[1:19:57]
Casey Living Trust.
[1:19:58]
>> That's me.
[1:20:01]
>> Hi,
[1:20:01]
>> good morning.
[1:20:02]
>> I'm just asking for a continuence
[1:20:04]
because due to an unforeseen medical
[1:20:06]
condition, I got my paperwork in just a
[1:20:08]
couple days late.
[1:20:09]
>> Okay. So, I'm not sure how much time
[1:20:10]
he'll need and he might need more
[1:20:11]
paperwork. So, I don't know how much
[1:20:14]
time.
[1:20:15]
>> Okay. Why don't I check back with check
[1:20:17]
with the assessor and then I come back
[1:20:18]
with you and we'll discuss it right now.
[1:20:21]
Let me ask them first. Could you brief
[1:20:23]
me on this?
[1:20:23]
>> Is this a change of ownership? Um
[1:20:26]
>> a value or
[1:20:29]
legal?
[1:20:32]
>> It's change ownership on its receive
[1:20:34]
date.
[1:20:36]
Um
[1:20:37]
>> is it a value or It's a change
[1:20:39]
ownership. So it's it's not a value.
[1:20:40]
It's a change ownership. I believe
[1:20:41]
>> a legal issue.
[1:20:42]
>> Yeah. This is a B this is a B1 issue.
[1:20:44]
>> Okay. Thank you.
[1:20:46]
Uh and I'm sorry when you say um
[1:20:49]
>> uh this is Angel. Um so this is a change
[1:20:52]
in ownership case. U but it's happy to
[1:20:55]
deal with two dates June 21st 2023 and
[1:20:58]
September 24th 2024. So it looks like
[1:21:01]
we're going to be needing a lot of data.
[1:21:04]
>> Okay. So I would probably recommend the
[1:21:06]
conference
[1:21:08]
>> and then you know how to get reach me.
[1:21:11]
>> Yes, we'll be working. Looks like we're
[1:21:13]
going to need more time.
[1:21:14]
>> Thank you so much.
[1:21:15]
>> And thank you for getting
[1:21:17]
>> I apologize.
[1:21:19]
>> Okay. So I will take the February date,
[1:21:21]
please.
[1:21:22]
>> Okay. And we have a waiver on file, so
[1:21:24]
there's no need to um
[1:21:26]
>> Okay. This this application is continued
[1:21:30]
to February 22nd, 2027
[1:21:33]
for good cause. And is there a proviso?
[1:21:37]
Um yes, the 38 provisor will be
[1:21:42]
>> um they they if they ask for additional
[1:21:44]
data, the assessor after reviewing what
[1:21:47]
you've given them, they may ask for
[1:21:49]
additional clarification or data and
[1:21:52]
they're requesting that that be provided
[1:21:54]
to them no later than 30 days prior to
[1:21:57]
the February 27 hearing.
[1:22:00]
>> Yeah. Hopefully. I mean, it was it was
[1:22:01]
literally just me at getting the
[1:22:03]
paperwork organized. Unfortunately, my
[1:22:05]
kidneys failed and I ended up in the
[1:22:07]
hospital and they wouldn't let me out of
[1:22:09]
the hospital to send the paperwork in
[1:22:10]
and that's sort of what happened.
[1:22:12]
>> Okay.
[1:22:12]
>> And I apologize. There was nothing I can
[1:22:14]
do.
[1:22:14]
>> Well, that's what we have these
[1:22:15]
continuences for.
[1:22:16]
>> So, thank you very much for
[1:22:17]
understanding.
[1:22:18]
>> All right. So, then I'm going to add to
[1:22:20]
that order that there shall be a 30-day
[1:22:22]
provisal.
[1:22:23]
>> Okay.
[1:22:27]
You're all set. Thank you.
[1:22:28]
>> Thank you so much.
[1:22:30]
>> Thank you.
[1:22:34]
Okay. And that takes us to item number
[1:22:37]
47, application number 2511202.
[1:22:41]
Applicant Valerie A. Pulich. Um, this
[1:22:45]
applicant called our office this morning
[1:22:46]
and let us know she would not be
[1:22:48]
attending today's hearing. So, that's a
[1:22:50]
denied due lack of appearance.
[1:22:52]
>> Did she understand that it would be
[1:22:53]
denied?
[1:22:54]
>> Yes, I also spoke with her last week. Um
[1:22:56]
and it it was like uh she was debating if
[1:23:02]
she was going to pursue the appeal
[1:23:03]
anyways.
[1:23:04]
>> Okay.
[1:23:04]
>> Um but she called us this morning and confirmed that um
[1:23:07]
>> Okay.
[1:23:08]
>> It would be a denial due to lack of
[1:23:09]
appearance.
[1:23:09]
>> Okay. It is ordered. This this
[1:23:11]
application is denied due to lack of
[1:23:12]
appearance.
[1:23:13]
>> Did the assessor want to comment on
[1:23:14]
that?
[1:23:15]
>> No, we have no comment on that.
[1:23:18]
>> Okay.
[1:23:24]
And last item on the agenda, application
[1:23:26]
number 2511770.
[1:23:30]
Applicant Kenny Chi Tada. And we have uh
[1:23:32]
Kenny Chi here in person.
[1:23:34]
>> Good morning. Thank you for being here
[1:23:36]
today.
[1:23:39]
>> All right. Let me check with the
[1:23:40]
assessor.
[1:23:42]
>> Assessor is ready for presentation
[1:23:44]
today, too.
[1:23:45]
>> Okay. Very fine. So you'll be the second
[1:23:47]
case that we're hearing today.
[1:23:49]
>> Hearing officer Cohen. Um, so we
[1:23:51]
actually had an amendment first and so
[1:23:54]
typically
[1:23:55]
>> for this application.
[1:23:57]
>> Oh.
[1:23:58]
>> Um, and so typically an amendment
[1:24:00]
requires a 45day reschedule. Um, the
[1:24:03]
assessor's office and if you can confirm
[1:24:05]
on record is is waving that 45day
[1:24:08]
>> um reschedule. Okay. And let me see. So
[1:24:14]
my name indicate that we are
[1:24:27]
and is this a
[1:24:30]
yes.
[1:24:37]
Okay. Just to confirm, um, you're
[1:24:39]
amending the dates in your application
[1:24:42]
from July 16, 2025 to
[1:24:47]
>> the date of transfer.
[1:24:48]
>> Oh, not not to change. Uh, yes. So, to
[1:24:50]
remove July 16, 2025 and amend it to
[1:24:54]
June 8th, 2023. Is that correct?
[1:24:57]
>> Okay. And that's for both um the no
[1:25:00]
change in ownership and the valuation.
[1:25:01]
So, boxes B1 and B2.
[1:25:04]
>> Okay.
[1:25:05]
So that um before we decide on that
[1:25:09]
amendment, are we going to do that now
[1:25:11]
or when it's called?
[1:25:12]
>> Uh now. So well, it's called now and
[1:25:14]
then so we'll go get into our hearings,
[1:25:16]
but first we need the amendment. The
[1:25:17]
assessor waves there 45 days. Okay.
[1:25:19]
>> And then we'll we'll decide which Yeah.
[1:25:23]
>> Would you stand up again and explain to
[1:25:25]
me the reason why you're requesting the
[1:25:27]
date the uh application be changed?
[1:25:30]
>> Of course. Um the process has been a
[1:25:33]
little confusing for me. So initially I
[1:25:37]
was working with assessor.
[1:25:38]
>> Well, if you could just I'm so sorry for
[1:25:40]
interrupting. Um just tell me why you
[1:25:43]
want to amend to change the dates of
[1:25:46]
value. Why?
[1:25:48]
>> So the I've already been working with
[1:25:51]
the censor's office presented.
[1:25:54]
are grounded around the date that I was
[1:25:58]
already
[1:25:59]
I had a qualifying for on the day of transfer.
[1:26:04]
>> Okay. So, you're you're saying the date
[1:26:06]
of transfer is different that was on the
[1:26:08]
application. Is that what you're saying?
[1:26:10]
Okay. And would you mind repeating what
[1:26:12]
was the date on the application that you
[1:26:14]
put?
[1:26:15]
>> It was in 202
[1:26:17]
>> somewhere around 2025. and and you feel
[1:26:20]
that the uh date should correctly be
[1:26:24]
what again please
[1:26:26]
>> the date of transfer
[1:26:27]
>> which was
[1:26:28]
>> which is June the 8th 2000
[1:26:31]
>> June the 8th 2023
[1:26:34]
>> yes
[1:26:36]
>> now this application um was this filed
[1:26:41]
timely for June 8th 2023
[1:26:45]
>> so this was filed timely for the July
[1:26:50]
16th, 2025 change in ownership. Um,
[1:26:55]
however,
[1:26:56]
the date they're requesting an amendment
[1:26:59]
to is still within the four-year. Um,
[1:27:02]
>> it's within the four years and it would
[1:27:04]
be would it be prospective relief then?
[1:27:07]
So this would be um
[1:27:12]
it would be prospective
[1:27:14]
as of the the new supplemental that was
[1:27:17]
issued for
[1:27:20]
um for July 16, 2025.
[1:27:23]
>> Oh, okay. Um so
[1:27:27]
just he didn't file did he he didn't
[1:27:30]
file on the supplemental for the June
[1:27:32]
8th, 2023 event.
[1:27:34]
>> Correct.
[1:27:34]
>> Did not file. did not file and it filed
[1:27:37]
during a July 16th, 2025 event,
[1:27:42]
but the June 8th date is still within
[1:27:44]
the four years.
[1:27:46]
>> Okay, thank you. Okay, let me check with
[1:27:49]
the assessor before I make a ruling on
[1:27:51]
this amend request for amendment. Okay,
[1:27:55]
>> to the assessor,
[1:27:59]
» um
[1:28:01]
is correct. Um we're okay with the
[1:28:03]
amendment. tell them we're ready to go
[1:28:04]
forward. It's a basically a Prop 19 and
[1:28:06]
a primary residence um hearing.
[1:28:10]
>> Mhm. [clears throat]
[1:28:10]
>> And we're ready to go forward with it
[1:28:12]
and not prolong the hearing basically.
[1:28:14]
>> Okay.
[1:28:15]
>> Process.
[1:28:16]
>> And you're willing to wave the 45 days?
[1:28:19]
>> Yes.
[1:28:20]
>> Uh okay. All right. Um then um this
[1:28:24]
application uh the order is is that the
[1:28:26]
application shall be amended and the
[1:28:29]
date of value shall be June 8th, 2023.
[1:28:33]
>> Okay. And I'll just restate for the
[1:28:34]
record to approve the amendment in
[1:28:36]
section six to add the change in
[1:28:38]
ownership date of June 8th, 2023 to
[1:28:41]
boxes B1 and B2 and remove the change in
[1:28:44]
ownership date of July 16th, 2025.
[1:28:47]
>> Perfect. So ordered.
[1:28:53]
» Okay. And then just a housekeeping item.
[1:28:56]
Are we for the hearing today? Are we
[1:28:58]
going just on the change in ownership?
[1:29:00]
Oh, sorry. I'm talking to are we um
[1:29:03]
going just on the change in ownership
[1:29:04]
today and the valuation pending the
[1:29:07]
decision on the change in ownership or
[1:29:09]
are we hearing both?
[1:29:10]
>> Well, it depends on if the assist is
[1:29:12]
also ready. Right.
[1:29:14]
>> Right. Yeah.
[1:29:16]
>> Will you be ready for both?
[1:29:19]
>> Um yes, we're ready for both.
[1:29:21]
>> Okay. And um does the
[1:29:23]
>> Absolutely.
[1:29:24]
>> Joe Phillips with the assessor's office.
[1:29:28]
uh we would request we bifrocate the
[1:29:30]
issues. So we deal with the legal issues
[1:29:33]
surrounding the change in ownership and
[1:29:35]
then the second part would be the
[1:29:37]
valuation pending the results of the um
[1:29:40]
legal issues around.
[1:29:42]
>> Okay, Mr. Phillips in spite of the fact
[1:29:44]
that your office would be ready to go
[1:29:45]
forward on the uh valuation depending on
[1:29:48]
the decision.
[1:29:50]
>> We would not be ready today on the
[1:29:51]
valuation.
[1:29:52]
>> I must
[1:29:55]
okay fine. Thank you Mr. Phillips. Mr.
[1:29:57]
Tro, are you okay with that? That
[1:29:59]
today's discussion is just the legal
[1:30:02]
portion of the change in ownership.
[1:30:04]
Okay.
[1:30:05]
>> Okay. And then um
[1:30:06]
>> so we can bifurcate that now so we don't
[1:30:08]
forget later.
[1:30:10]
>> Right. So the amendment's been approved
[1:30:12]
and now we're going to bifurcate
[1:30:14]
uh the hearing on the valuation.
[1:30:18]
[snorts]
[1:30:20]
>> And for the valuation we have two dates
[1:30:22]
available. We have uh October 26, 2026
[1:30:27]
uh or February 22nd, 2027.
[1:30:30]
>> October 26.
[1:30:32]
>> And then well, it depends on how the
[1:30:33]
assessor is feeling about that as well.
[1:30:37]
>> We'd be the assessor would be okay with
[1:30:39]
that. Yes.
[1:30:39]
>> Okay. And you'll have to get uh I don't
[1:30:43]
know if you have information as of
[1:30:44]
October I mean June 8th, 2023
[1:30:48]
from the applicant.
[1:30:50]
>> Yeah, I don't know regarding valuation
[1:30:51]
stuff.
[1:30:52]
>> Okay. Okay.
[1:30:53]
>> That we be probably requesting in that
[1:30:56]
regard for
[1:30:56]
>> Okay. And you need how many days to re
[1:30:59]
in advance of the hearing?
[1:31:01]
>> 30 days.
[1:31:01]
All right. Okay. Um
[1:31:06]
so that um it is ordered that this the
[1:31:10]
uh valuation portion of this application
[1:31:14]
uh shall be continued to October 26,
[1:31:18]
2026 with a date of value of June 8th,
[1:31:21]
2023
[1:31:23]
uh with a 30-day proviso. Any questions
[1:31:27]
about the proviso
[1:31:30]
portion of this?
[1:31:31]
>> Okay. And that shall be so ordered.
[1:31:35]
>> Okay,
[1:31:37]
we're all set. Would you like to go
[1:31:40]
straight into the case or do you want to
[1:31:41]
take a 10-minute recess?
[1:31:42]
>> Yeah, let me just check with all the
[1:31:43]
parties and see does does anybody would
[1:31:45]
anyone like a break uh before we get
[1:31:48]
started on the hearings? I'm asking the
[1:31:50]
parties and the assessor
[1:31:52]
and you.
[1:31:54]
>> I'm I'm good to go.
[1:31:55]
>> Okay.
[1:31:55]
>> Quick question. 49. Is that removed?
[1:32:00]
>> 49 was added to a gender review. We had
[1:32:02]
a a stipulation to sign.
[1:32:06]
>> Okay. To the applicant, would you like
[1:32:08]
to take this short break before we start
[1:32:09]
your hearing?
[1:32:11]
>> I'm actually okay.
[1:32:13]
>> You're okay.
[1:32:15]
>> Okay. [laughter]
[1:32:17]
>> I can I can ask that gentleman when
[1:32:18]
we're done with your hearing if he wants
[1:32:20]
a break. What about the assessor? Would
[1:32:22]
you like a break before we get started?
[1:32:24]
>> You want a break or I'm moving? Very
[1:32:26]
well. Okay. Mike will be okay.
[1:32:27]
>> Okay. Very fine.
[1:32:29]
>> Okay. And um the clerk will tell you
[1:32:33]
when to give up give your exhibits over.
[1:32:36]
You can just wait just a moment more
[1:32:37]
please to the applicant.
[1:32:40]
>> Um maybe maybe 10 minutes is a good idea
[1:32:43]
so we can set up the t we're going to
[1:32:45]
the tables.
[1:32:46]
>> Okay.
[1:32:46]
>> Maybe 10 minutes is good.
[1:32:47]
>> Okay. We're going to resume and what
[1:32:49]
time is it?
[1:32:50]
>> Uh it's 10:32. We can say
[1:32:56]
» 10:42. Uh, we're going to start your
[1:32:58]
hearing at 10:45.
[1:33:00]
>> Okay.
[1:46:06]
It's 10:45. We're back on the record. We
[1:46:09]
have application number 2410576.
[1:46:13]
Applicant AM to fly. Moving forward, uh
[1:46:18]
this is a
[1:46:20]
2024
[1:46:22]
uh January 1 decline in value
[1:46:25]
application. And so just a little bit of
[1:46:28]
procedural um this is a evaluation. So
[1:46:32]
you have the burden of proof, you'll go
[1:46:34]
first. Um the assessor will have an
[1:46:37]
opportunity to ask questions about your
[1:46:39]
presentation.
[1:46:40]
Um if the burden of production has been
[1:46:43]
met, then the assessor will provide
[1:46:45]
their presentation. You'll have an
[1:46:47]
opportunity to ask questions on their
[1:46:48]
presentation. Then we'll go to closing
[1:46:52]
remarks. And then you have the right to
[1:46:54]
close the hearing since you have the the
[1:46:55]
burden of proof.
[1:46:57]
>> Okay.
[1:46:58]
>> Any questions about the procedure?
[1:46:59]
>> Uh no, it's clear as well.
[1:47:02]
>> All right. Thank you very much.
[1:47:03]
>> Okay. So, I've provided a copy of the
[1:47:05]
application and the applicants exhibits
[1:47:08]
uh 1 through 12.
[1:47:11]
The first PowerPoint is uh exhibit 12
[1:47:14]
and then she has them labeled after.
[1:47:16]
>> Okay. Um before we start, I'd like to
[1:47:19]
just ask the assessor to introduce the
[1:47:22]
case for us by giving me the value on
[1:47:25]
the role as of the date of this
[1:47:28]
application.
[1:47:30]
Um and um
[1:47:34]
the physical characteristics of the
[1:47:36]
property just the physical
[1:47:37]
characteristics
[1:47:39]
>> and um your what your opinion of value
[1:47:43]
will be what you'll be testifying to
[1:47:45]
today and then I'll come to you.
[1:47:48]
>> All right. The enrolled value for this
[1:47:49]
aircraft, excuse me, Michael Gillinger
[1:47:51]
for the assessor's office. The enrolled
[1:47:53]
value for this aircraft for the 2024 tax
[1:47:55]
year is $457,800.
[1:47:58]
This is a diamond DA40 aircraft. Uh it
[1:48:03]
was purchased overseas and flown into
[1:48:05]
the United States and improved and made
[1:48:07]
um subject to the FAA's restrictions
[1:48:10]
here and requirements here. Received an
[1:48:12]
FAA flight certification airworthiness
[1:48:15]
certificate. Um and all of those
[1:48:17]
improvements occurred before the lean
[1:48:18]
date 2024. Our opinion of value has not
[1:48:21]
changed. Uh the processor supports an
[1:48:23]
opinion of value of $457,800
[1:48:27]
based on the R&T code 5362 which states
[1:48:30]
we must assess the value at market
[1:48:32]
value.
[1:48:32]
>> Okay. Thank you.
[1:48:34]
>> Um now do you agree with the physical
[1:48:37]
characteristics of the aircraft that
[1:48:40]
he's described just the physical
[1:48:43]
characteristics?
[1:48:44]
>> Uh couple of things. One is that the
[1:48:47]
assessed value is based on the US value.
[1:48:50]
>> Okay. And aside from the assessed value
[1:48:53]
though, uh just the physical
[1:48:55]
characteristics of the aircraft,
[1:48:58]
um I want to make sure that we're on the
[1:49:01]
same page as to what is a diamond
[1:49:03]
aircraft in Austria.
[1:49:05]
>> Uhhuh.
[1:49:05]
>> And it was a 2016 aircraft.
[1:49:08]
>> Okay. 2016. And that's what you have,
[1:49:10]
correct?
[1:49:11]
>> Yes, that's correct.
[1:49:12]
>> Yeah. and it didn't have some of the
[1:49:13]
requirements that flying in the US would
[1:49:15]
require as well as some of the
[1:49:18]
mechanical aspect that's not very good but I have to
[1:49:24]
>> you'll get into that into your case and
[1:49:25]
chief. Okay. And uh what value will you
[1:49:28]
be testifying to today? What's your
[1:49:30]
opinion of value?
[1:49:31]
>> Um the the actual value that I bought it
[1:49:34]
for which is 350,000
[1:49:38]
>> in two 2023. Yes.
[1:49:43]
Okay.
[1:49:49]
Then um
[1:49:51]
>> so I have a introduction file as well
[1:49:54]
that I Yes. I plan to go through answer
[1:49:56]
a lot.
[1:49:57]
>> I would like you to ask ask you to go
[1:49:58]
ahead and present your case and chief
[1:50:00]
now.
[1:50:00]
>> Okay. Thank you. Your honor, should I
[1:50:03]
>> No, it's not necessary.
[1:50:04]
>> All right. Thank you. Um well uh first
[1:50:07]
of all I I have this print out and uh
[1:50:10]
the first page shows this uh diamond
[1:50:12]
from the desert and uh it's a diamond
[1:50:16]
aircraft built in Austria. It's called
[1:50:19]
diamond star some and I have it
[1:50:21]
registered at 787 Yankee uh because I
[1:50:24]
used to work at Boeing. I have 40 years
[1:50:27]
in the aerospace industry. 20 years 20
[1:50:29]
of those 40 years are with Boeing. And
[1:50:32]
this particular aircraft was also the
[1:50:35]
first one that is general aviation
[1:50:37]
aircraft that has been electrified. So
[1:50:40]
I'm currently in electric uh in
[1:50:43]
electrifying business. I have a app to
[1:50:45]
fly is to electrify these uh gas burning
[1:50:49]
uh power plants. And so uh I bought the
[1:50:52]
airplane fully intend to move into a
[1:50:55]
sustainable aircraft. Um anyway, so it's
[1:50:58]
from the desert because uh at the time I
[1:51:01]
was looking up in the US uh market as
[1:51:03]
well and uh so we can move on to the
[1:51:08]
first chart where uh it's the value
[1:51:11]
chart.
[1:51:13]
Yeah, you can open that. Uh the value um
[1:51:17]
I believe is global market and it is
[1:51:20]
global market because when I was in
[1:51:21]
Boeing we sell airplanes everywhere in
[1:51:23]
the world you fly everywhere you see
[1:51:25]
going airplanes and of course uh this
[1:51:27]
airplane is from Austria as you can see
[1:51:30]
in Camaro there's quite a few of them as
[1:51:32]
well but not as many as out in the world
[1:51:35]
out in Europe because this was
[1:51:38]
relatively late comparing to sessuts and
[1:51:40]
pipers and so on that are in the United
[1:51:42]
States. Um and as we all know the market
[1:51:46]
economy is such that you know it's a
[1:51:47]
supply demand. So in the US there's not
[1:51:50]
as many as in in Europe obviously and
[1:51:55]
that pricing in the US is way higher
[1:51:58]
than pricing in Europe. And in Middle
[1:52:00]
East
[1:52:02]
speaking of Middle East this was
[1:52:04]
actually purchased not in Europe but in
[1:52:06]
Doha Qar. So at least I paid for this
[1:52:09]
airplane unlike our president who just
[1:52:11]
got one for free. So the pricing over in
[1:52:14]
the Middle East is also very different.
[1:52:17]
Um while in the US this is done by a
[1:52:19]
distributor and uh at the time I didn't
[1:52:22]
get this from the United States because
[1:52:24]
this was right after COVID and if I had
[1:52:27]
got you I called this guy several times
[1:52:29]
and they were saying after COVID there
[1:52:31]
was a delay in the distribution of the
[1:52:33]
new airplanes and so on and also in the
[1:52:36]
used airplane there's the market is
[1:52:39]
dwindling that was right after the coke.
[1:52:42]
So, uh, the price of the used airplane
[1:52:44]
will be almost like a new one. And I
[1:52:46]
didn't want to spend all that money and
[1:52:48]
buying a used airplane while still
[1:52:49]
paying almost the same as a new
[1:52:51]
airplane. So, I decided using my
[1:52:53]
aerospace background because I have a
[1:52:55]
network around the world. So, I t I
[1:52:58]
checked the data myself and found this
[1:53:00]
airplane from Qatar.
[1:53:03]
And so, uh, today the assessed value for
[1:53:05]
the 2627 bill is $410,200.
[1:53:09]
And my appeal now is for current value
[1:53:12]
of less than 350,000.
[1:53:15]
Why? Because uh there's even appre
[1:53:17]
depreciation since 2023. So that would
[1:53:19]
get it down to 297,000
[1:53:22]
today. So if we move on to the next
[1:53:25]
chart,
[1:53:25]
>> so we're looking at a data value as of
[1:53:29]
January the 1st, 2024.
[1:53:32]
>> Yeah, that will be a little closer to
[1:53:34]
350K because I have flown the airplane.
[1:53:36]
I went to see the airplane in 2023
[1:53:40]
>> and the whole purchasing uh the whole
[1:53:42]
acquisition took from the January of
[1:53:44]
2023 to uh May June because I had to fly
[1:53:49]
it back across the Atlantic. Uh and so I
[1:53:54]
have the uh attachments uh or the
[1:53:56]
exhibits. One is the application file
[1:53:59]
actually this file and number two is a
[1:54:02]
purchase agreement. These are in your
[1:54:04]
>> They're in the the uh Yeah, the one
[1:54:06]
that's under this one. Exactly. So,
[1:54:08]
number one, number two, and then the
[1:54:10]
closing document because uh when you pay
[1:54:12]
so much money, you usually go through
[1:54:14]
the title company, ESO company. So, I
[1:54:17]
went through this uh esro company that's
[1:54:19]
called air uh aerospace reports and
[1:54:22]
that's based in Oklahoma. I believe it's
[1:54:24]
a pretty common company because I sold
[1:54:26]
my previous airplane also using that
[1:54:28]
company. And uh before you buy an
[1:54:31]
airplane, I'm an aerospace nerd.
[1:54:33]
[laughter] So before you buy an
[1:54:34]
airplane, you have to thoroughly check
[1:54:36]
out the airplane and everything. So I
[1:54:37]
actually made uh a couple trips to Doha
[1:54:40]
before I bought it. And uh I managed to
[1:54:43]
basically determine on that the day
[1:54:45]
before uh Valentine's Day. So I call
[1:54:48]
this my Valentine in 2017.
[1:54:50]
>> What page are you pointing to there?
[1:54:52]
>> Uh that's the next page.
[1:54:53]
>> That's the next page. Okay.
[1:54:54]
>> Yeah. So that's the airplane. You can
[1:54:56]
see on the airplane the number there it
[1:54:57]
still shows A7 A I believe.
[1:55:02]
>> Uhhuh.
[1:55:02]
>> So that's that belongs to the original
[1:55:04]
owner
[1:55:05]
>> and he's the first and only owner.
[1:55:07]
>> Uhhuh.
[1:55:08]
>> Um so the title of the airplane was
[1:55:10]
transferred after that date. Uh and then
[1:55:14]
also I received all the lock works to
[1:55:16]
check out the airplane and I presented
[1:55:18]
that as part of the uh evidence as well.
[1:55:21]
Um but due to the fact that that it's
[1:55:23]
going to be you know the a lot of books
[1:55:25]
are three books this thick so I just
[1:55:27]
presented the picture of book if you
[1:55:30]
need anything that I can present but
[1:55:32]
then every year I have to go through the
[1:55:34]
service here so they have electronic
[1:55:35]
copies of everything. Mhm. Um, so the
[1:55:39]
next page if you flip over is this
[1:55:41]
actual signage of the previous owner.
[1:55:45]
Um, because the airplane was actually uh
[1:55:47]
registered in Qatar just like Trump's
[1:55:50]
airplane was originally there
[1:55:52]
registered. So you have to change the
[1:55:54]
whole registration as well as
[1:55:56]
certification because in order to fly in
[1:55:59]
Qatar is instead of FAA or YASA is the
[1:56:03]
CAA the Qatar uh Qatari CAA that has to
[1:56:07]
raise tax to certify that because unlike
[1:56:10]
the car if you don't have the safety
[1:56:12]
certification from the safety agencies
[1:56:15]
you cannot even fly it's illegal to fly
[1:56:18]
and uh and another thing is that because
[1:56:20]
I do have to fly this airplane all the
[1:56:22]
way back he gave me because he owns this
[1:56:24]
flying club. So, he gave me uh one of
[1:56:26]
those ID cards so I can go through all
[1:56:28]
the securityities and everything uh
[1:56:30]
without any issue in the Middle East. Um
[1:56:33]
so, back in 2025, I submitted uh this
[1:56:37]
appeal support letter that's now in the
[1:56:40]
exhibit number six. And in this letter,
[1:56:43]
I uh
[1:56:45]
>> What page are you? What page is it?
[1:56:47]
>> Uh this this page here. That's the next
[1:56:50]
page.
[1:56:50]
>> Uhhuh.
[1:56:51]
>> Yeah. So in 2025 I submitted this in the
[1:56:55]
system which is appeal support letter
[1:56:57]
that outlines these four things. One is
[1:57:00]
the global market based on supply and
[1:57:03]
demand and so the cost I mean the
[1:57:05]
pricing over in other parts of the world
[1:57:07]
could be considerably lower or even free
[1:57:10]
in the case for Trump. And then the
[1:57:13]
second thing is that after I had the
[1:57:15]
airplane, I bought the airplane with
[1:57:17]
350,000.
[1:57:18]
I had to insure it to in order to fly
[1:57:20]
across that that big ocean, right? And I
[1:57:23]
wouldn't insure it for more than what
[1:57:26]
it's worth, the value that I have paid,
[1:57:29]
right? So when I insure that, it was
[1:57:31]
based on 350,000. I have that as a uh
[1:57:34]
attachment here. Uh so that's attachment
[1:57:38]
number eight or uh exhibit number eight
[1:57:40]
in that other package. Okay.
[1:57:42]
>> Um, and also that insurance is very
[1:57:44]
high. It's like $22,000
[1:57:48]
just to fly across the ocean. And that
[1:57:50]
is in comparison to flying in the US.
[1:57:54]
The uh premium will be something like
[1:57:56]
around a couple thousand dollars for me,
[1:57:57]
for my age and for my experience. So, uh
[1:58:01]
you got to be care
[1:58:03]
what you ensure you know not more and
[1:58:06]
not less, right? Mhm.
[1:58:07]
>> Um and then the third item is the fact
[1:58:10]
that the airplane because uh in the
[1:58:12]
United States the airplanes are only
[1:58:14]
required to have ADSB that's automatic
[1:58:17]
broadcast system for whereabout you are
[1:58:19]
using the GPS. So you're only uh
[1:58:21]
supposed to have that since 2000 the
[1:58:24]
year 2020
[1:58:26]
and uh this airplane was made in 2016.
[1:58:30]
So it didn't have that. Uh but you know
[1:58:33]
uh you can file for special uh special
[1:58:36]
flight permit in order to get it back
[1:58:38]
because you know if I were to put it
[1:58:40]
over there then that would be another
[1:58:42]
cost and I have to get it certified and
[1:58:43]
all that. So it doesn't have that. And
[1:58:46]
also the turbocharger has uh some issue.
[1:58:49]
It has a leak. I know that it did but
[1:58:51]
it's not going to break or anything. And
[1:58:54]
uh so all those things I could have them
[1:58:56]
fixed uh either at the Austrian uh
[1:59:00]
factory that where it came from on my
[1:59:02]
way back or when I flew it all the way
[1:59:05]
back to the United States. So that's
[1:59:07]
item number three. And number four and
[1:59:10]
the most important part is that it's not
[1:59:12]
certified by FAA. It was certified by
[1:59:14]
the CAA of uh Qatar. And um so on the
[1:59:19]
bottom of this page, it specifies
[1:59:21]
several things that are mentioned there.
[1:59:24]
um from the support letter which was uh
[1:59:26]
in the exhibit number six, ABSB system
[1:59:29]
which I later on put in while I arrived
[1:59:31]
in the United States uh which was uh
[1:59:34]
13,600 and turbocharger that has to be
[1:59:37]
replaced um it was $12,000
[1:59:40]
uh dollars and then the in insurance
[1:59:43]
because the insurance I included that
[1:59:45]
crossing Atlantic insurance as well as
[1:59:46]
flying in the US and Canada. Um so the
[1:59:50]
last part is the certification by an FAA
[1:59:53]
uh they they call it D designated uh uh
[1:59:57]
aviation representative or aerospace
[1:59:59]
representative and so that's in
[2:00:02]
attachment nine for exhibit number nine
[2:00:05]
uh for the uh D and the D cost quite a
[2:00:08]
bit because I had to fly him over to Qar
[2:00:12]
to do the initial one and then
[2:00:14]
afterwards I had to fly him over to
[2:00:16]
California. So, uh, all those added up
[2:00:19]
to be $18,000.
[2:00:22]
>> Was that in the category of insurance?
[2:00:25]
>> No, it's in the last category of
[2:00:27]
certification by an FAA individual.
[2:00:30]
>> Okay. I'm sorry.
[2:00:30]
>> FAND individuals have to be the
[2:00:33]
specified. I mean, they have to be
[2:00:34]
recognized and certified by the FAA. So,
[2:00:37]
they have to have their expertise
[2:00:39]
recognized by the FAA. Not just anybody
[2:00:41]
can do that. Initially I had to do
[2:00:44]
research to is to see if I could get a
[2:00:46]
FAA designated certain in Europe to do
[2:00:48]
it and in the end it's just not
[2:00:50]
worthwhile. I mean you know it's the
[2:00:53]
cost everything balance out. So so it's
[2:00:56]
uh uh designated by the FAA.
[2:00:58]
>> Um
[2:00:59]
>> so that was attachment. In the next page
[2:01:04]
you will see that uh arrow is what
[2:01:07]
pilots
[2:01:08]
know that you know when you fly the
[2:01:10]
airplane the arrow are the five senses
[2:01:13]
of memory for what you need in the
[2:01:15]
airplane. Airworthiness registration
[2:01:19]
radio station license operating manual
[2:01:22]
and weight and balance. So the operating
[2:01:24]
manual weight and balance is part of the
[2:01:26]
airplane uh system. So that I won't
[2:01:29]
mention because it comes when I bought
[2:01:31]
airplane they give me that but the
[2:01:33]
airworthiness is what uh that's required
[2:01:36]
and if I'm going to fly the airplane
[2:01:38]
around halfway around the world I need
[2:01:40]
to have airworthiness that's enough to take me all around the world because
[2:01:44]
uh with the Qatari uh registration it's
[2:01:47]
kind of difficult but with the US that's
[2:01:49]
why I had to fly this guy over there
[2:01:51]
because to get a US registration and
[2:01:53]
certification then uh it's recognized
[2:01:56]
around the world because US capital
[2:01:58]
afterward is the leader of aerospace
[2:02:00]
still.
[2:02:01]
>> Uh registration uh so I just mentioned
[2:02:03]
as well. So I needed to get the
[2:02:05]
registration from the United States that
[2:02:07]
starts with N number uh N uh 787 Sierra
[2:02:11]
Yankees. Sierra Yankees are my initial.
[2:02:14]
Um and 787 because I used to work on the
[2:02:17]
Dreamliner in the Boeing company. Um so
[2:02:20]
all these things are unique. And then
[2:02:22]
the next page shows you the fact that I
[2:02:24]
actually hand carry the the numbers end
[2:02:27]
numbers over there. So the airplane has
[2:02:29]
changed from the A7 T8 to N7 CR Yankee
[2:02:34]
uh until the next page if you see that and of course the insurance
[2:02:38]
is shown in attachment states.
[2:02:41]
And another one that um I don't know how
[2:02:43]
many here, maybe Michael knows, is uh
[2:02:46]
what's needed for the radio station
[2:02:48]
license. And in the US, we no longer
[2:02:50]
need to do that. Uh that's uh authorized
[2:02:53]
by FCC, but uh in the rest of the world,
[2:02:57]
most of the rest of the world, you still
[2:02:59]
need that. So I had to apply for that as
[2:03:01]
well. Uh the FCC, that's a different
[2:03:04]
thing. So overall um you can see that
[2:03:09]
[clears throat] I well I actually took
[2:03:11]
this flight and so this is uh the next
[2:03:14]
page is a actual flight path all the way
[2:03:17]
from Qatar um to crossing the Atlantic.
[2:03:22]
But that first part the green the green
[2:03:24]
line was my original plan namely I was
[2:03:27]
going to go through the Austria uh
[2:03:29]
factory
[2:03:30]
>> but then the weather did not cooperate.
[2:03:33]
So in the end I wound up going to Egypt
[2:03:36]
and Greece and Italy and and so on you
[2:03:39]
know went all the way around. Um so the
[2:03:43]
airplane uh actually was safe in order
[2:03:46]
to go around and also I had a temporary
[2:03:49]
certification namely it's safe to go
[2:03:51]
around but then it's not a permanent one
[2:03:53]
that will require much detailed uh uh
[2:03:57]
other uh certification tasks and so I
[2:04:00]
plan to have that done in California
[2:04:02]
once it's here and uh so overall the
[2:04:05]
trip summary I have provided also all
[2:04:08]
the uh receipts all the loss files
[2:04:12]
of the flight from Doha to Oxford.
[2:04:15]
That's like the first half uh first one
[2:04:17]
third. And so that was uh because I have
[2:04:22]
a network of a lot of people that I know
[2:04:24]
from around the world. So in Oxford, we
[2:04:27]
were able to rent a hanger there to park
[2:04:29]
the airplane for uh about almost a
[2:04:31]
month. Uh at first I didn't know I was
[2:04:33]
going to be there for almost a month but
[2:04:35]
uh because the weather uh across the
[2:04:38]
Iceland and Greenland you know uh this
[2:04:41]
was May time frame. Imagine I got the
[2:04:43]
airplane in uh Valentine's Day in
[2:04:46]
February and then March and so this is
[2:04:48]
already in May. Uh the the icing
[2:04:51]
condition is still down to the ground.
[2:04:52]
So you want to wait until it's at least
[2:04:55]
not icing you know up to a few thousand
[2:04:57]
feet above the ground. And so uh waited
[2:05:00]
there for a bit and then flew from
[2:05:02]
Oxford to uh Montreal, Canada. Uh that's
[2:05:06]
St. Cubber uh that that CYU
[2:05:10]
airport and then from Montreal to uh
[2:05:13]
Camaro. So altogether almost 10,000
[2:05:16]
nautical miles and uh 75 hours of total
[2:05:19]
flight time for that little airport.
[2:05:23]
So then this last one is just a picture
[2:05:26]
when I was in Oxford. Uh had that
[2:05:28]
picture taken.
[2:05:30]
But uh really I think the main thing is
[2:05:32]
in the value of this airplane. Uh and I
[2:05:35]
do not argue that if we try to look up
[2:05:38]
the value of a used airplane first of
[2:05:41]
all they have to be available and
[2:05:42]
secondly if it's also a monopoly. By the
[2:05:45]
way this monopoly is a lifestyle or
[2:05:47]
whatever. Just about everybody I call
[2:05:50]
from controller, from trader plane,
[2:05:51]
whatever, it always wind up to to this
[2:05:54]
guy. It's really a monopoly,
[2:05:56]
>> the seller
[2:05:58]
>> uh distributor.
[2:05:59]
>> Oh,
[2:06:00]
>> yeah. And uh so so in the US you will if
[2:06:06]
you look up or whatever you will get
[2:06:07]
that value. However, if you go around
[2:06:09]
the world, you can get much better deal.
[2:06:12]
And so the market is really a supply
[2:06:13]
demand. However, when you bring in, you
[2:06:16]
do have to, you know, you have your cost
[2:06:18]
of shipment, you have your cost of
[2:06:20]
registration, you have your cost of all
[2:06:21]
that, but that's not a sale value.
[2:06:23]
That's value that you have to put in the
[2:06:25]
airplane. I mean, a airplane owner has
[2:06:27]
to spend on maintenance, m on all kinds
[2:06:31]
of things, right? But that's just part
[2:06:33]
of flying. That's not part of the sale
[2:06:35]
of the airplane.
[2:06:37]
So the value what I I really uh think it
[2:06:41]
should be less than 350K
[2:06:43]
of the 350K back in 2023. So now it will
[2:06:46]
be much less than that. I mean 15%
[2:06:49]
depreciation or whatever it's like 290
[2:06:52]
something.
[2:06:52]
>> So what what do you think the value is
[2:06:55]
as of the date of value? January the 1st
[2:06:58]
2024.
[2:06:59]
>> Uh 350. Okay.
[2:07:01]
>> 350.
[2:07:01]
>> Yeah.
[2:07:02]
>> That's our data value.
[2:07:03]
>> Yeah. That's already if you believe of
[2:07:06]
depreciation a little bit for one year
[2:07:08]
it should be less than that
[2:07:12]
>> because I got it in February March of uh
[2:07:14]
2023.
[2:07:16]
>> Yeah.
[2:07:16]
>> Okay. Um is there any other evidence
[2:07:19]
you'd like to present for your case and
[2:07:21]
chief?
[2:07:22]
>> Um well the airplane is just down in
[2:07:26]
that airport. If anybody wants to take a
[2:07:28]
look and all the paperwork and
[2:07:29]
everything I'm happy to
[2:07:32]
show. Oh, I've got lots of pictures,
[2:07:34]
lots of rubies, and even the maintenance
[2:07:37]
because the maintenance is done by uh
[2:07:39]
Long Beach uh diamond facility.
[2:07:41]
>> Okay.
[2:07:42]
I think we'll give the assessor
[2:07:44]
opportunity to ask you questions now.
[2:07:46]
>> Sure.
[2:07:46]
>> All right. Okay. To the assessor, thank
[2:07:48]
you.
[2:07:49]
>> You have cross examination.
[2:07:50]
>> I do have a few questions. Um you said
[2:07:52]
that your opinion of value is 350,000.
[2:07:55]
Um is that because that's the sale price
[2:07:57]
of the aircraft that you paid the sheet
[2:07:59]
of guitar? Well, so the value of
[2:08:03]
something is uh interesting. Yes, that's
[2:08:07]
the value because at the time because in
[2:08:10]
fact when I the airplane uh was found by
[2:08:15]
a colleague, he noticed that airplane
[2:08:17]
was not being flown uh at that airport.
[2:08:20]
And so he asked and found out that
[2:08:22]
airplane belongs to a sheep. He used
[2:08:24]
that airplane to learn how to fly. And
[2:08:26]
then I said, "Oh, well, he's not flying.
[2:08:28]
Maybe he wants to sell it." So anyhow,
[2:08:30]
they went to ask the the sheep uh if he
[2:08:34]
wants to sell it. The next thing the
[2:08:35]
sheep came back to me and says, "How
[2:08:37]
much does she want to pay for it?"
[2:08:40]
>> So that's the value I paid.
[2:08:42]
>> I see that from the uh aerospace reports
[2:08:44]
showing your escrow account. Yeah,
[2:08:46]
>> you paid 350,000 to the sheet, but you
[2:08:48]
paid 356,000 in total for the aircraft.
[2:08:51]
So your value is not what you paid out.
[2:08:53]
It's only what the cash seller received.
[2:08:55]
That's your opinion of value. Yeah,
[2:08:57]
because the 10K was for my friend who
[2:08:59]
helped with all that.
[2:09:00]
>> So even on costs that are on the same
[2:09:02]
page as part of your escro closing
[2:09:04]
statement.
[2:09:05]
>> Yeah.
[2:09:05]
>> You paying 356,000. That's not the value
[2:09:08]
according to you.
[2:09:09]
>> It's only the amount that goes to a
[2:09:10]
seller.
[2:09:11]
>> Exactly.
[2:09:12]
>> Okay. That's not what California state
[2:09:14]
law applies, but I appreciate you
[2:09:15]
answering that. Um, as you purchased
[2:09:17]
this aircraft in Qatar, you said it's
[2:09:18]
not legal to fly in the US in the
[2:09:20]
condition you purchased it in. Correct.
[2:09:22]
>> Correct.
[2:09:22]
>> Thank you. Um, you mentioned the aero
[2:09:25]
components. Uh those components add
[2:09:26]
value to a purchased aircraft, don't
[2:09:29]
they? If you were to get airworthiness
[2:09:31]
certificates, if you were to get
[2:09:34]
registration in the United States, if
[2:09:35]
you were to get the other components,
[2:09:36]
adding those components does add value
[2:09:38]
to the aircraft or not.
[2:09:39]
>> No, the value of the aircraft is just
[2:09:43]
the value of this is is the the glasses
[2:09:47]
are the value of glasses. But what's it
[2:09:50]
worth to you? Maybe at least last it's
[2:09:52]
not worth but you know
[2:09:54]
>> we're going to come back to that issue
[2:09:55]
of worth. I appreciate you raising that.
[2:09:57]
Thank you.
[2:09:58]
>> Uh the radio license that you mentioned
[2:10:00]
you said it's not needed in the US.
[2:10:02]
>> No.
[2:10:02]
>> So how would that be relevant to our
[2:10:04]
valuation process today?
[2:10:06]
>> Uh well you paid for radio
[2:10:08]
>> license. That one was really not so not
[2:10:11]
so important because I I just included
[2:10:14]
because I had a whole arrow in there.
[2:10:16]
Yeah. So, you have a lot of costs that
[2:10:17]
you you spent uh certainly to get the
[2:10:19]
aircraft purchased and get it here and
[2:10:22]
to get it legal in the United States.
[2:10:23]
There's no doubt about that. There was a
[2:10:24]
lot of costs involved.
[2:10:26]
Um you'd mentioned that you did submit
[2:10:28]
all of the receipts from the ferry
[2:10:29]
flights and I just want to go on the
[2:10:30]
record and say that there were some that
[2:10:32]
we did not receive, but you had
[2:10:33]
estimated in your email that it was
[2:10:34]
about 40,000 in total for the ferry
[2:10:36]
flight
[2:10:38]
>> portion. Does that sound accurate?
[2:10:39]
>> Yeah, I'm happy to submit those. I mean,
[2:10:42]
>> that's fine. They aren't really
[2:10:43]
necessary because we are not using a
[2:10:44]
cost method in our evaluation.
[2:10:45]
>> Right. But that's just showing that but
[2:10:47]
that's not the value of the airplane.
[2:10:49]
The value of
[2:10:51]
>> Yeah. You had also mentioned that um you
[2:10:54]
had difficulty in purchasing because
[2:10:55]
there's a monopoly uh for the
[2:10:57]
distributor and that that also applied
[2:10:59]
to used planes. Is that correct?
[2:11:01]
>> Used diamond.
[2:11:02]
>> Okay. So now that you own a diamond
[2:11:04]
aircraft, are you able to sell your
[2:11:05]
aircraft?
[2:11:06]
>> Uh I don't want to sell it.
[2:11:07]
>> That's not the question. Well,
[2:11:09]
>> would you be able to sell it if you
[2:11:10]
wanted to or would you have to get it to
[2:11:12]
this distributor so that he could sell
[2:11:13]
it for you?
[2:11:14]
>> That's a very interesting question
[2:11:15]
because as soon as I own this airplane,
[2:11:17]
guess what? I'm receiving emails all the
[2:11:19]
time from this guy.
[2:11:20]
>> He wants to buy it, I bet.
[2:11:21]
>> Yeah. Well, he always asks, he says,
[2:11:23]
"Oh, would you be ready to sell this? I
[2:11:25]
can find you some, you know, I I bet the
[2:11:28]
other diamond owners also get the same
[2:11:30]
thing."
[2:11:30]
>> Yeah. Because in the end, I was like on
[2:11:32]
firstname basis with this guy.
[2:11:34]
[laughter] Are you able to sell the
[2:11:35]
aircraft yourself though or do you have
[2:11:36]
to sell it to him so he can sell it
[2:11:38]
later?
[2:11:38]
>> I can sell it myself.
[2:11:39]
>> So when you were buying aircraft, there
[2:11:40]
were probably other diamond owners that
[2:11:42]
could sell the aircraft directly. You
[2:11:44]
found most results going back to this
[2:11:46]
one individual. You said
[2:11:47]
>> uh I found every number I call every
[2:11:49]
time because at the time there was not
[2:11:51]
that many. There was 19 uh 2023 and 22
[2:11:55]
we had just come out of COVID.
[2:11:57]
>> Uh and so I every honest to god everyone
[2:12:00]
that I called it was the same thing. you
[2:12:03]
know, they somehow it just transferred
[2:12:05]
to this other guy. Even when I call the
[2:12:07]
diamond uh the diamond manufacturer over
[2:12:10]
in Austria u because I know the chief
[2:12:13]
sales, Miss W. So, she says, "Oh, I
[2:12:17]
could get you this and that, but you've
[2:12:18]
got to call this guy in the US. Call
[2:12:20]
this guy in Canada." And I said, "Oh, I bet you I know who that is." So, they
[2:12:26]
really try to monopolize by getting the
[2:12:28]
distributors. But you're not required to
[2:12:30]
sell it to anybody other than whoever
[2:12:32]
you want to finally sell the aircraft to
[2:12:34]
when you decide to sell.
[2:12:36]
>> You're not required to sell it to them.
[2:12:37]
>> It's a free country. I can sell it
[2:12:38]
anyway I want.
[2:12:39]
>> Okay. Thank you.
[2:12:40]
>> Mouth or something.
[2:12:40]
>> The answer I was looking for.
[2:12:42]
>> But because it was a rare thing, you
[2:12:44]
know, at the time I think there was only
[2:12:46]
like less than less than a handful you
[2:12:50]
could count on the internet.
[2:12:52]
>> One last question I have. Wouldn't if
[2:12:53]
you were to decide to to sell this
[2:12:55]
aircraft here, would you sell it for the
[2:12:57]
same price you bought it for in Doha?
[2:13:00]
>> No.
[2:13:01]
>> Like it won't be it won't be worth that
[2:13:02]
much.
[2:13:03]
>> It wouldn't be worth that much. It'd be
[2:13:04]
worth less than 350,000.
[2:13:06]
>> Yeah. I'm I'm going to put on a lot of
[2:13:08]
hours on it, first of all. Yeah. And I
[2:13:12]
may not want to sell it here. I may sell
[2:13:13]
it to somebody in another country, but
[2:13:16]
uh I don't want to sell it.
[2:13:17]
>> Would it have as much value in Dohas
[2:13:19]
with all the equipment that's on it
[2:13:20]
that's not needed?
[2:13:21]
>> No, they don't need it there.
[2:13:22]
>> Right. Right?
[2:13:22]
>> They don't need the equipment that
[2:13:24]
you've added to it.
[2:13:24]
>> Right?
[2:13:25]
>> Okay.
[2:13:26]
>> So, you know, buy and sell is totally a
[2:13:28]
supply and demand thing. You know, you
[2:13:30]
have a whole curve like that. And in the
[2:13:32]
US, you happen to have more uh, you
[2:13:35]
know, demand than supply at the time
[2:13:38]
that I was five or even now possibly. I
[2:13:40]
don't know.
[2:13:42]
>> Thank you. I have no further questions.
[2:13:44]
>> Okay. Um,
[2:13:47]
so how did you determine the price that
[2:13:49]
you offered for it?
[2:13:52]
>> Um, well the at the time the brand new
[2:13:55]
meal was uh 600 and something and they
[2:13:59]
wanted to have the the distributor they
[2:14:02]
wanted to have 600 something namely a
[2:14:04]
difference of like uh you know maybe 10
[2:14:07]
20,000. I said I don't want to buy used
[2:14:10]
airplane that's almost the same as a
[2:14:12]
brand new airplane. Well, I'm trying to
[2:14:15]
use the sales car analogy, but of
[2:14:17]
course, it's not a, you know, a used
[2:14:19]
car. And uh so I so I that's why I tried
[2:14:23]
and tried to find it myself. I looked
[2:14:26]
up, you know, in Canada and uh Mexico,
[2:14:29]
there's not that many in Mexico. So I uh
[2:14:32]
was able to access the database and find
[2:14:34]
a lot of overseas.
[2:14:36]
>> Uhhuh.
[2:14:37]
And even though even though the uh the
[2:14:39]
overseas uh the the Taiwan was not even
[2:14:42]
on the map because I found that because
[2:14:45]
of my friend who happened to be working
[2:14:47]
at the time for for another sheep
[2:14:50]
>> in the airport. So then on your list of
[2:14:54]
um sales that you used um how did you
[2:14:59]
determine that the one that is the
[2:15:02]
subject of this appeal that's closest to
[2:15:06]
I'm sure you had a variety of sale
[2:15:08]
prices, right?
[2:15:09]
>> Yeah. How did you
[2:15:10]
>> It's not only the pricing, it's what you
[2:15:12]
have on the airplane, right?
[2:15:14]
>> So this particular airplane has a wing
[2:15:16]
left. You can see it's the Oh, it's
[2:15:19]
hidden here, but it's Oh, maybe this
[2:15:21]
one. You can see it's got the winglet
[2:15:24]
>> and uh it's very efficient. There's
[2:15:27]
only, you know, for a regular cruise,
[2:15:29]
it's only 5 gallon per hour.
[2:15:31]
>> Imagine that. Five gallon per hour.
[2:15:33]
>> So, the ones that you were looking at,
[2:15:35]
were they advertising these different
[2:15:37]
components? No idea because I know
[2:15:40]
>> you had to call and ask when you were
[2:15:42]
comparing determining this price.
[2:15:45]
>> Did you make some calls to find out what
[2:15:47]
the other
[2:15:48]
>> I made some calls? But I know these
[2:15:49]
airplanes. This is a very particular
[2:15:51]
airplane. Not only that it's got
[2:15:53]
winglets. It's very efficient long wing
[2:15:55]
>> and it also has a FedEx that's a full
[2:15:59]
authority something you know fully
[2:16:00]
automated you know. So it's like flying
[2:16:02]
a jet. Uh-huh.
[2:16:04]
>> Uh so it's uh you don't have to use the
[2:16:07]
fuel air mixture ratio and things like
[2:16:10]
that to fly. And so once when I flew to
[2:16:13]
uh Las Vegas,
[2:16:15]
>> I taxi side by side with another jet.
[2:16:18]
The jet went in and refill also from LA
[2:16:21]
refill for like you know few hundred
[2:16:23]
dollars. I refill for you know less than
[2:16:26]
100. It was only like 12 gallons.
[2:16:28]
>> Okay. Okay. Um All right. Um, I'm going
[2:16:34]
to um make a ruling right now that you
[2:16:37]
have met your burden of production on
[2:16:40]
this case. And so now the assessor, it's
[2:16:42]
your opportunity to present your case
[2:16:44]
and chief.
[2:16:45]
>> Thank you.
[2:16:53]
» Maybe second.
[2:16:56]
So we have exhibits A through D.
[2:17:09]
We'll mostly be working with the exhibit
[2:17:11]
A as the narrative. Exhibit B is
[2:17:13]
provided for legal references from your
[2:17:15]
review if you need them. Exhibit C and D
[2:17:18]
will be used to use source documents on
[2:17:20]
occasion, but mainly exhibit A is what
[2:17:22]
we'll be using.
[2:17:23]
>> Okay. Thank you.
[2:17:28]
» Would you proceed please?
[2:17:29]
>> Yes.
[2:17:31]
Aircraft assessments are made at fair
[2:17:33]
market value on the lean date, not cash
[2:17:35]
purchase price. The applicant's opinion
[2:17:37]
of value is limited to only the cash
[2:17:39]
sale price received by the seller of the
[2:17:40]
aircraft. Generally, this value is used
[2:17:43]
when calculating a onetime sales tax or
[2:17:45]
use tax. R&T code sections 5362 states
[2:17:50]
simply the assessor of the county in
[2:17:51]
which the aircraft is habidually
[2:17:52]
situated shall assess the aircraft at
[2:17:54]
its market value. R&T code section 1110
[2:17:58]
defines market value as an armslength
[2:18:00]
transaction and reads in part full cash
[2:18:02]
value or fair market value means the
[2:18:04]
amount of cash or its equivalent that
[2:18:06]
property would bring if exposed for sale
[2:18:08]
in the open market under conditions in
[2:18:09]
which neither buyer nor seller could
[2:18:11]
take advantage of the exigencies of the other. and both the
[2:18:15]
buyer and seller have knowledge of all
[2:18:17]
of the uses and purposes to which the
[2:18:18]
property is adapted and for which it is
[2:18:20]
capable of being used and of the
[2:18:22]
enforceable restrictions upon those uses
[2:18:24]
and purposes.
[2:18:27]
R&T code section 5364 further directs
[2:18:30]
the board of equalization to establish
[2:18:32]
standards and select a commercially
[2:18:33]
available guide to be used by county
[2:18:35]
assessors in the assessment of aircraft
[2:18:37]
at market value. The BOE issued letters
[2:18:40]
to assessor or known as LTA's number
[2:18:43]
97-303
[2:18:45]
in January of 1997 selecting the
[2:18:47]
aircraft bluebook price guide as the
[2:18:49]
primary guide for valuing general
[2:18:51]
aircraft in California. This LTA also
[2:18:54]
directed county assessors to discount
[2:18:55]
the listed retail value by 10% to
[2:18:58]
provide reasonable estimates of fair
[2:19:00]
market value for aircraft in truly
[2:19:02]
average condition on the lean date.
[2:19:04]
The assessor received a timely filed um
[2:19:07]
aircraft property statement 2024 lean
[2:19:09]
date. If you would open up exhibit D to
[2:19:12]
page two.
[2:19:20]
» Did you say D?
[2:19:21]
>> D. It's behind scene. There's only a
[2:19:22]
couple pages.
[2:19:23]
>> Oh,
[2:19:28]
» page two is the first page of the
[2:19:29]
aircraft property statement filed for
[2:19:31]
2024. The filing reported that the
[2:19:33]
aircraft was in average condition as you
[2:19:35]
can see by the circled area there. Had
[2:19:37]
no damage history and reported no
[2:19:39]
avionics had been added. One interesting
[2:19:41]
note as I was viewing this account, if
[2:19:43]
you look at the damage history circle
[2:19:44]
and go up about an inch, the reported
[2:19:46]
purchase price on this form was 250,000.
[2:19:49]
That may have just been a typo, but uh
[2:19:51]
it's not the value that we used to value
[2:19:53]
this account either because we're not
[2:19:55]
using sale price as the basis for our
[2:19:57]
valuation.
[2:19:59]
On the next page, the filing also
[2:20:00]
reported the airframe hours as of the
[2:20:02]
lean date 1124.
[2:20:06]
This APS filing information was used to
[2:20:08]
generate an appraisal value from the
[2:20:10]
aircraft bluebook price guide tool. If
[2:20:12]
you turn the page one more time on
[2:20:13]
exhibit D to page four, you'll see an
[2:20:15]
example of the result of that aircraft
[2:20:18]
blue book valuation price.
[2:20:21]
You'll notice in the top box that there
[2:20:22]
is a reduction of 10% as requested by
[2:20:25]
the state board of equalization. You'll
[2:20:27]
also notice that there are airframe
[2:20:29]
hours and engine hour adjustments based
[2:20:30]
on the number provided in the property
[2:20:32]
statement. And that finally sales tax is
[2:20:34]
an element of value that is added to the
[2:20:36]
market valuation uh conclusion that's
[2:20:38]
received using this price guide tool.
[2:20:44]
Moving to page five of the narrative.
[2:20:48]
The 2024 appraisal also includes the
[2:20:49]
sales tax component as required by California law. Property tax
[2:20:54]
rule 10 establishes that sales and use
[2:20:56]
tax are included in full economic costs.
[2:20:58]
There is no indication from evidence
[2:21:00]
provided by the applicant that sales or
[2:21:02]
use tax was paid on the purchase of the
[2:21:04]
aircraft. It is likely that the aircraft
[2:21:06]
met the requirements of the sales and
[2:21:08]
use tax law to be exempt from that tax
[2:21:10]
leaving. BOE annotation 1000.005
[2:21:15]
from September of 2021 addresses that
[2:21:17]
circumstance. Quoting from the document,
[2:21:20]
thus even though the sp the board's
[2:21:22]
sales and use tax division may have
[2:21:24]
granted an exemption from sales or use
[2:21:26]
tax on the sale or purchase of the
[2:21:27]
aircraft pursuant to the pro provisions
[2:21:29]
of the sales and use tax law which the
[2:21:31]
board administers for property tax
[2:21:34]
assessment purposes. If the sales or use
[2:21:36]
tax is applicable to similar consumers
[2:21:38]
using the aircraft at a similar trade
[2:21:39]
level, sales and use tax is included in
[2:21:42]
the assessment even when not paid at the
[2:21:43]
time of purchase.
[2:21:47]
The assessor also considered a cost
[2:21:49]
approach to value. The applicant
[2:21:52]
provided documentation during the appeal
[2:21:53]
of several expenses she incurred in
[2:21:55]
transporting her plane to Camaro after
[2:21:56]
purchase. The assessor examined these
[2:21:58]
costs to determine if an estimate of
[2:22:00]
value could be determined to use the
[2:22:02]
cost approach to value. The assessor
[2:22:04]
followed the guidance of case law which
[2:22:06]
states the cost of any asset includes
[2:22:08]
purchase price, sales tax, brokerage
[2:22:10]
commissions, duties, transportation, and
[2:22:12]
all costs of placing an asset in a
[2:22:14]
condition for use.
[2:22:16]
As case law indicates, all costs of
[2:22:18]
transporting and proving the aircraft
[2:22:19]
are considered necessary to quote place
[2:22:22]
the asset in a condition for use at the
[2:22:24]
location the applicant plan to keep the
[2:22:25]
aircraft.
[2:22:28]
Using the invoices provided by the
[2:22:30]
applicant, which if you'd like to refer
[2:22:31]
to them are in exhibit C, pages 3
[2:22:33]
through 19. Many of them are provided in
[2:22:35]
the applicants presentation. The
[2:22:39]
assessor reached an incomplete cost
[2:22:40]
valuation total that was within 1.5% of
[2:22:43]
the standard market value approach. The
[2:22:46]
analysis was incomplete due to several
[2:22:47]
costs that were not reported such as the
[2:22:49]
fuel used and the ferry pilot wages for
[2:22:51]
the three pilots listed on the insurance
[2:22:53]
coverage for the ferry trip. The
[2:22:55]
incomplete cost information rendered the
[2:22:56]
result unreliable. If all costs had been
[2:22:59]
reported, the cost approach value result
[2:23:01]
would likely have exceeded the standard
[2:23:02]
market value approach conclusion. on the
[2:23:05]
722 email that is in packet C uh
[2:23:07]
provided by the applicant. She estimated
[2:23:09]
those costs at $40,000.
[2:23:12]
If you turn the page from the appraisal
[2:23:13]
in exhibit D, that is the cost approach
[2:23:16]
worksheet that was prepared.
[2:23:20]
Excuse me. the uh incomplete cost
[2:23:22]
approach without all of the receipts
[2:23:24]
that were incurred um that the
[2:23:27]
assessments office is aware of but did
[2:23:29]
not receive information for had the
[2:23:31]
result at a $7,000 difference or 1.5% of
[2:23:34]
value. If 40,000 or so more document
[2:23:38]
documented expenses were included
[2:23:39]
obviously the cost approach would be
[2:23:40]
much higher than market approach. Um
[2:23:44]
going to page six of our narrative
[2:23:48]
guidelines from the BOE is clear on the
[2:23:50]
preferred method of aircraft valuation.
[2:23:53]
This is also taken from the annotation
[2:23:55]
1.00.005.
[2:23:58]
While the cost and income approaches are
[2:23:59]
part of the appraisal process and each
[2:24:01]
may contribute to the value conclusion,
[2:24:03]
the market approach to value is by far
[2:24:05]
the most reliable in the valuation of
[2:24:06]
general aircraft. The market approach
[2:24:09]
involves an analysis of sales listings,
[2:24:10]
offerings, opinions, and published
[2:24:12]
market guides of comparable aircraft or
[2:24:15]
of the subject aircraft. Such data give
[2:24:17]
an indication of what people in general
[2:24:19]
are willing to pay for a particular
[2:24:20]
model of aircraft at a certain time. The
[2:24:23]
cost approach is used mostly with new
[2:24:24]
aircraft that have list prices but no
[2:24:26]
history of sales. The appraiser assumes
[2:24:28]
that the cost and value are the same in
[2:24:29]
the circumstance. Cost should be
[2:24:31]
understood to include the cash selling
[2:24:33]
price, sales tax, and any delivery
[2:24:35]
charges.
[2:24:37]
Even if all the costs were known, the
[2:24:38]
cost approach would still not be the
[2:24:39]
most accurate measure of market value
[2:24:41]
for an aircraft model that has 10 years
[2:24:43]
of sales history. When the subject
[2:24:44]
assessment was made,
[2:24:48]
the aircraft configuration when
[2:24:49]
purchased in Qatar was not legal to be
[2:24:51]
used in flight in the United States. The
[2:24:53]
aircraft was modified and improved to be
[2:24:56]
certified by the FAA for use within the
[2:24:57]
United States. The changes made to the
[2:25:00]
aircraft, all prior to lean date 1124,
[2:25:03]
brought the aircraft up to the standard
[2:25:05]
of the average aircraft listed in the
[2:25:06]
aircraft bluebook price guide. The
[2:25:09]
aircraft was valued as part of the North
[2:25:10]
American market for general aviation
[2:25:12]
because of its current location and
[2:25:14]
equipment configuration.
[2:25:16]
The assessor followed California state
[2:25:17]
law and procedures specifically
[2:25:19]
established by the board of equalization
[2:25:20]
for the value of general aircraft when
[2:25:22]
determining the 2024 assessment of the
[2:25:25]
subject aircraft.
[2:25:27]
That's the case and chief.
[2:25:29]
>> Okay.
[2:25:30]
Um, have you had a chance to look at
[2:25:33]
this material prior to the hearing?
[2:25:35]
>> No.
[2:25:35]
>> Do you want some time to take a look at
[2:25:37]
it before you start your
[2:25:39]
crossexamination? You may have questions
[2:25:40]
for the assessor.
[2:25:42]
>> Yeah. Um, I just really have one thing.
[2:25:46]
I mean, it is a market approach and
[2:25:48]
market is not only the blue book of
[2:25:50]
California or the blue book of United
[2:25:52]
States. The market is global.
[2:25:54]
>> Okay. Then but do you have a question
[2:25:57]
specific? Uh this is a chance for asking
[2:26:00]
questions. It's called cross
[2:26:02]
examination.
[2:26:03]
>> The cost approach I you know I didn't
[2:26:06]
include all the fuel and pilots uh
[2:26:09]
receipts but I have all those itemized I
[2:26:12]
could share. Um anyway I I don't quite
[2:26:16]
understand when you say that there's the
[2:26:19]
well three questions actually. you first
[2:26:22]
it's a cost approach in the end your
[2:26:25]
conclusion did not base on the cost
[2:26:27]
correct
[2:26:28]
>> that's correct
[2:26:29]
>> it's not a reliable approach
[2:26:30]
>> yeah it's I I would say that too because
[2:26:33]
uh you know what cost to me and you know
[2:26:35]
you could even mention that uh
[2:26:38]
registration numbers and all those costs
[2:26:40]
should I didn't
[2:26:43]
um but you mentioned this use tax uh
[2:26:46]
that I did get an exemption because as
[2:26:49]
long as you go out of the states for
[2:26:52]
business which I did and you justified
[2:26:55]
that and they review it. So uh that was
[2:26:58]
exempt.
[2:26:59]
>> That's fine. My statement was that it's
[2:27:00]
included whether or not it's paid at the
[2:27:02]
time of purchase or not. [clears throat]
[2:27:04]
>> No, it was afterwards I got this thing
[2:27:07]
from California.
[2:27:08]
>> Correct. My statement was that it's
[2:27:09]
included in an assessment valuation
[2:27:11]
whether it's paid at the time of sale or
[2:27:12]
not.
[2:27:13]
>> Right. [clears throat]
[2:27:14]
And another one that um question has to
[2:27:16]
do with the market bush. So what exactly
[2:27:19]
of the market uh comps say did you use
[2:27:24]
this is not like a real estate comps you
[2:27:26]
know you you
[2:27:27]
>> no the comps are the make and model of
[2:27:30]
the aircraft
[2:27:31]
>> right
[2:27:32]
>> so if you look at the valuation page on
[2:27:33]
page four
[2:27:35]
they start from average retail value for
[2:27:37]
a 2016 DA40G aircraft in average
[2:27:42]
condition
[2:27:44]
>> right
[2:27:45]
>> you stated that yours was in average
[2:27:46]
condition on the property mentioned the
[2:27:49]
uh five sty or aircraft loop book is mostly US
[2:27:55]
>> I believe it is but I'm not familiar
[2:27:57]
with their methodology
[2:27:58]
>> I have seen maybe one or two that snuck
[2:28:00]
up from Europe because you know they know that in Europe in US they may
[2:28:04]
get some sales from something but the
[2:28:07]
thing is that mostly uh around the world
[2:28:10]
you would have other available that's
[2:28:13]
not listed in this uh textbook in the
[2:28:16]
I don't value aircraft around the world.
[2:28:18]
I value them here in Camaro or in
[2:28:20]
Ventura County. And so I use the tool
[2:28:22]
that's prescribed by the state of
[2:28:23]
California to do so.
[2:28:24]
>> That's that's no problem. But the thing
[2:28:26]
is that this airplane is not from
[2:28:27]
Camaro. It's
[2:28:29]
>> it's in Camaro now though.
[2:28:30]
>> It's in Camaro now, but it was purchased
[2:28:33]
in talk.
[2:28:34]
>> Yes. And purchase price is not the basis
[2:28:36]
of valuation either. But it's
[2:28:38]
>> because that's using the cost method. If
[2:28:39]
you're using the purchase price
[2:28:41]
>> is a large part of it
[2:28:44]
because later on if I can sell it
[2:28:46]
overseas, you know, so it's a supply the
[2:28:50]
market is a supply and demand. It's not
[2:28:52]
just one point in the world. There are
[2:28:54]
many points
[2:28:56]
>> and if you sell it around the world,
[2:28:57]
they have to pay to transport it back.
[2:28:58]
What you said in this statement was
[2:29:00]
>> the most expensive part of the added
[2:29:02]
cost that you had was
[2:29:03]
>> well I'm willing to pay. I understand
[2:29:07]
not every buyer is
[2:29:08]
>> question.
[2:29:13]
» Did you have any other questions?
[2:29:15]
>> No.
[2:29:16]
>> Okay. Um let me ask the assessor a
[2:29:20]
couple of questions.
[2:29:21]
>> Certainly.
[2:29:22]
>> Now um the blue book does that have um
[2:29:27]
sale prices?
[2:29:29]
>> It tracks sales over the course of the
[2:29:32]
um year making model. So there's 10
[2:29:33]
years of sale history from 2016 to 2026
[2:29:37]
for this model of aircraft.
[2:29:39]
>> Okay. And so um
[2:29:43]
then if it if it's 10 years of history,
[2:29:45]
how how do you do you use a weighted
[2:29:49]
average to get to your data value? How
[2:29:52]
explain to me how you do that?
[2:29:53]
>> Aircraft Loopex methodology is basically
[2:29:55]
looking at all of the available data of
[2:29:56]
sales in the marketplace for each
[2:29:58]
>> 10 modelan.
[2:30:00]
uh they update their estimate of retail
[2:30:02]
value per quarter. So four times a year
[2:30:04]
they're making adjustments based on
[2:30:06]
whatever new information they've
[2:30:07]
received about that aircraft making
[2:30:09]
model.
[2:30:09]
>> Okay.
[2:30:10]
>> Um they're valuing all years of that
[2:30:12]
aircraft as it goes along. So they have
[2:30:13]
a different valuation would be assigned
[2:30:15]
to a 2016 plane versus 2025 plane
[2:30:18]
because they start from different year
[2:30:20]
manufacturer. So do you have for example
[2:30:23]
just one column where the the state has
[2:30:27]
um condensed the data into a single
[2:30:30]
value as of a year of model.
[2:30:35]
>> It's in the column.
[2:30:37]
>> It's an online tool that you're
[2:30:38]
basically selecting the year
[2:30:39]
manufacturer the manufacturer diamond
[2:30:42]
and then you select the aircraft model.
[2:30:44]
So you're selecting that model by
[2:30:45]
manufacturer by year
[2:30:47]
>> and then you get a value
[2:30:48]
>> and then you get a starting point value
[2:30:50]
of 430,000 which you then adjust.
[2:30:52]
>> The board of equalization requires a 10%
[2:30:54]
reduction off the top.
[2:30:56]
>> Then we make adjustments based on the
[2:30:57]
airframe and the engine usage hours.
[2:31:00]
Each of those elements are contribute
[2:31:01]
greatly to value.
[2:31:02]
>> Aircraft use very little. It means it's
[2:31:04]
still very valuable. If you use your
[2:31:06]
aircraft with a lot more than average,
[2:31:07]
it's worth less obviously than average
[2:31:09]
aircraft. So then the data that the
[2:31:11]
state board gets the starting value from
[2:31:16]
is that
[2:31:18]
United States data or
[2:31:20]
>> I believe it's the US market.
[2:31:21]
>> US market.
[2:31:23]
>> That's where most of the people in this
[2:31:24]
market are shopping.
[2:31:25]
>> Uhhuh.
[2:31:26]
>> And we're tasked with providing market
[2:31:28]
value for the average consumer in this
[2:31:29]
market.
[2:31:31]
>> [clears throat]
[2:31:32]
>> Some people choose to go around buying a
[2:31:34]
less expensive model somewhere else
[2:31:36]
around the world and adding that value
[2:31:37]
adding those costs in as they get it
[2:31:39]
here and get it legal.
[2:31:41]
>> But very few consumers do so as you
[2:31:43]
heard the orals that were gone through
[2:31:45]
to make that happen.
[2:31:47]
>> There's a lot of costs that are involved
[2:31:49]
that aren't direct costs that are
[2:31:51]
needed.
[2:31:52]
>> Uhhuh.
[2:31:52]
>> Um she spont uh the aircraft is as you
[2:31:55]
see is 457,000 is what our estimated
[2:31:57]
value is. uh she purchased for 350,000
[2:32:00]
and then spent 130,000 more getting it
[2:32:02]
here and getting it in condition so that
[2:32:03]
it could be flown legally in the United
[2:32:05]
States.
[2:32:05]
>> Mh.
[2:32:06]
>> Those things are fairly comparable.
[2:32:08]
>> You could have spent that same amount of
[2:32:09]
money buying the aircraft as is in this
[2:32:11]
country and it'd be able to fly here.
[2:32:14]
>> So that's why most people don't go to
[2:32:16]
that expense because fing back as you
[2:32:18]
heard was $20,000 in insurance alone.
[2:32:20]
It's a very costly proposition to fly an
[2:32:22]
aircraft back into the United States and
[2:32:24]
then make it legal to fly here.
[2:32:25]
>> Uhhuh. Uhhuh. Well, you cannot evaluate
[2:32:28]
everything by money. That experience of
[2:32:31]
flying through Middle East, through
[2:32:33]
Europe and back from Canada all the way
[2:32:36]
here. That was invaluable. I have
[2:32:38]
learned so much. And for me, I'm going
[2:32:41]
to electrify that airplane. I got to
[2:32:43]
know every single bit of that airplane.
[2:32:45]
>> Let me ask the assistant another
[2:32:47]
question.
[2:32:48]
Um so then you know there was a
[2:32:50]
statement made by the applicant that um
[2:32:54]
I believe she was saying that these um
[2:32:58]
this particular model
[2:33:01]
um is not
[2:33:04]
uh and I'm kind of paraphrasing here I
[2:33:06]
could be wrong but is not readily
[2:33:09]
available in the United States that
[2:33:11]
there's a broker that handles them
[2:33:13]
overseas.
[2:33:15]
there are manufacturing plants overseas
[2:33:18]
for this aircraft.
[2:33:19]
>> Um,
[2:33:20]
>> so my question is this, if if that's the
[2:33:23]
case, I mean assuming that what she
[2:33:25]
stated is true, just for sake of
[2:33:28]
discussion, then how would the um state
[2:33:32]
blue book, you said that you believed it
[2:33:35]
was United States sale prices for over
[2:33:38]
the last 10 years.
[2:33:40]
>> That is my understanding. So
[2:33:43]
that's where I'm wondering if if the
[2:33:48]
applicant is saying that there are not
[2:33:52]
many sales
[2:33:54]
that take place of this model in the
[2:33:56]
United States
[2:33:58]
then how if the blue book is using
[2:34:01]
United States
[2:34:03]
prices only I think you assume that
[2:34:07]
>> I do assume that based on the
[2:34:08]
information I've received so far
[2:34:10]
>> where they're getting their data from
[2:34:11]
then.
[2:34:12]
>> Well, I think that um I would have a
[2:34:14]
disagreement with the premise to begin
[2:34:15]
with because the statement that I heard
[2:34:17]
was that there were very few that were
[2:34:18]
available that were not through the
[2:34:20]
distributor that had monopoly on the
[2:34:22]
environment.
[2:34:23]
>> Very true.
[2:34:23]
>> Not that though, not that no aircraft
[2:34:25]
were sold of that description, just that
[2:34:27]
they were limited in their sales channel
[2:34:29]
to one individual.
[2:34:31]
>> Okay.
[2:34:31]
>> Is what I heard.
[2:34:32]
>> Do you know how many sales
[2:34:35]
um comprise the data for the state board
[2:34:38]
in your blue book? In this case for this
[2:34:41]
>> I just want to make one distinction. The
[2:34:42]
state board of equalization has selected
[2:34:43]
a private commercial entity aircraft
[2:34:46]
blue book as their price got to use. The
[2:34:48]
state of boardization used to do all
[2:34:50]
this work themselves. Okay.
[2:34:51]
>> And found that it was ownorous and to
[2:34:53]
costly and all of those things. So they
[2:34:55]
outsourced it in mid 90s.
[2:34:57]
>> I see.
[2:34:57]
>> To a commercially available price guide.
[2:35:00]
>> Okay.
[2:35:00]
>> There are many aircraft that are common
[2:35:02]
in this United States that are not
[2:35:03]
listed in the price guide because
[2:35:04]
there's not enough data.
[2:35:05]
>> Uhhuh. But this
[2:35:07]
>> when there is enough data, they're
[2:35:08]
listed in the price guide.
[2:35:09]
>> Oh.
[2:35:10]
>> So to me as an appraiser, when I see
[2:35:11]
this is in the price guide, I feel
[2:35:13]
confident that there's enough data
[2:35:14]
behind it to say tell me that that's a
[2:35:16]
good average retail number. I don't need
[2:35:18]
to go do my own research, see what
[2:35:20]
listings are available,
[2:35:21]
>> try and come up with a number
[2:35:23]
>> that I could use as a baseline for its
[2:35:24]
market value.
[2:35:25]
>> Okay. So you you relied on that and um
[2:35:29]
am I'm correct in assuming then that you
[2:35:31]
didn't um or the information may not
[2:35:35]
have been available as to how many sales
[2:35:36]
they relied on to give you the bottom
[2:35:39]
line number.
[2:35:40]
>> That's correct. I never see the
[2:35:41]
underlying data information about how
[2:35:43]
many data points they put together to do
[2:35:46]
that.
[2:35:46]
>> Okay. Okay. All right. Um now let's see
[2:35:51]
here. We've had cross-examination. It's
[2:35:53]
an opportunity for you if you have any
[2:35:57]
um other
[2:36:00]
evidence you'd like to submit
[2:36:03]
as rebuttal evidence to what the
[2:36:06]
assessor has presented. Is there any
[2:36:07]
other evidence that would be to rebut
[2:36:10]
anything that the assessor has
[2:36:12]
presented?
[2:36:12]
>> Um
[2:36:14]
if I was if I was aware of this whole
[2:36:17]
process, I would have taken all those
[2:36:20]
calls. I mean taking down notes on the
[2:36:23]
calls that I tried back in January,
[2:36:26]
February of 2023
[2:36:28]
just all those calls regarding the when
[2:36:32]
I was trying to buy from through the
[2:36:33]
individual or wherever that really in
[2:36:36]
the United States I couldn't find I mean
[2:36:38]
very few available and whatever the
[2:36:41]
calls I made all goes to this monopoly
[2:36:44]
uh and so I would have liked to use the
[2:36:47]
data to rebut this one Because if you
[2:36:51]
get the uh from that broker that
[2:36:53]
outsource a commercial available thing,
[2:36:56]
it probably is based on you know three
[2:36:59]
or four or or even less of sales that
[2:37:02]
they have and just average those. That's
[2:37:05]
you know once again it's a supply and
[2:37:06]
demand kind of thing. So I was being you
[2:37:09]
know one of the few you know that's
[2:37:12]
trying to get that.
[2:37:13]
>> Did you say that um I'm sorry just step
[2:37:16]
back for a second. Did you say that? Did
[2:37:19]
you say that it pro the blue book was
[2:37:21]
probably based on three or four sales
[2:37:24]
that they may have had?
[2:37:25]
>> It was probably the sampling is probably
[2:37:28]
I I don't know exactly how many because
[2:37:30]
I didn't take that data. I just went
[2:37:32]
right away to my network to find the one
[2:37:34]
that I found.
[2:37:35]
>> Uhhuh. Okay.
[2:37:36]
>> But in the US, I really could not get
[2:37:38]
one that was satisfi satisfiable that
[2:37:41]
would do the work that I like.
[2:37:44]
>> What do you mean by that? do the work
[2:37:46]
you like.
[2:37:47]
>> Well, first of all, I like to have a uh
[2:37:49]
airplane that that's efficient and I
[2:37:52]
like to have, you know, with all the
[2:37:54]
specs I'm looking for. I like you're
[2:37:55]
buying a new car, you buying a used car,
[2:37:58]
you want to have certain requirements
[2:37:59]
that, you know, that satisfy what you
[2:38:02]
need to do.
[2:38:02]
>> Yes.
[2:38:03]
>> Yeah.
[2:38:04]
>> Okay. So, um then did what about the
[2:38:08]
specs that she's mentioning?
[2:38:11]
Uh the efficiency.
[2:38:12]
>> So, yeah. So, for example, I wanted to
[2:38:14]
buy a used airplane that's not abused by
[2:38:17]
a flying school and you know in flying
[2:38:20]
school they fly all the time and you
[2:38:21]
know the students come down and bang the
[2:38:23]
airplane really badly
[2:38:25]
>> and uh probably higher hours and
[2:38:27]
everything. So, I want to h have one
[2:38:29]
that's probably not so high and also not
[2:38:32]
from a flight school. So, that reduc it
[2:38:34]
down to few. And then also in the
[2:38:38]
>> there were a few a few of them in the
[2:38:39]
United States.
[2:38:40]
>> Yeah. also in the US. Uh
[2:38:42]
>> what were the asking prices on the few?
[2:38:46]
>> Uh probably higher.
[2:38:49]
>> Yeah, I don't remember the exact price
[2:38:51]
because uh Oh, yeah. I remember the the
[2:38:54]
>> the field that I asked for that's belong
[2:38:56]
to private individual rather than flight
[2:38:58]
school.
[2:38:59]
>> Uh is is uh basically uh almost the same
[2:39:03]
as brand new. This guy wanted to to get
[2:39:06]
almost the same as brand new price,
[2:39:08]
>> which was
[2:39:09]
>> 600 and something.
[2:39:10]
>> 600. Yeah, that was one one of them.
[2:39:13]
>> More than 600. More than one because I
[2:39:15]
made the calls for almost like a month
[2:39:17]
to try to find some. I couldn't.
[2:39:20]
>> Okay.
[2:39:21]
>> Because if you have to pay almost like
[2:39:23]
brand new ones. This was back in 2023.
[2:39:26]
>> And brand new ones are just coming up.
[2:39:28]
Originally, I wanted to buy a brand new
[2:39:30]
one,
[2:39:30]
>> but because of COVID, they had
[2:39:32]
manufacturing delays and everything.
[2:39:34]
They say, "Well, you got to wait for at
[2:39:35]
least another year or more than a year."
[2:39:38]
I don't want that. Uh because I already
[2:39:40]
have this finger open camera and
[2:39:42]
everything. I still have my whole
[2:39:43]
airplane.
[2:39:44]
>> Okay. So, there were some of them that
[2:39:47]
you checked in on that were advertised
[2:39:51]
for sale here in the United States
[2:39:54]
before before you made your decision to
[2:39:56]
buy overseas.
[2:39:57]
>> Uh this was not one particular airplane
[2:39:59]
because I was just talking to this guy
[2:40:01]
because I always got patched to him. So
[2:40:03]
I asked him I said suppose I want to
[2:40:05]
this because at first I was talking to
[2:40:06]
him about the new airplane and I said I
[2:40:08]
don't want any new airplane I want uh
[2:40:11]
older one if new one
[2:40:12]
>> the broker
[2:40:13]
>> well that monopoly guy
[2:40:16]
>> and so I said well I'll just uh get a
[2:40:18]
used airplane
[2:40:19]
>> and he says well you're going to pay for
[2:40:22]
probably almost like a new airplane if
[2:40:24]
that's the case because
[2:40:26]
>> you know you you have a range between
[2:40:27]
the flying school used airplanes and
[2:40:29]
private individual used planes and so
[2:40:32]
obviously He handles the whole spectrum.
[2:40:35]
>> Uhhuh. Okay. All right. Um then uh did
[2:40:40]
you have any um does that conclude any
[2:40:43]
rebuttal you would have for the
[2:40:45]
assessor?
[2:40:47]
>> Uh
[2:40:49]
well yeah the rebuttal I want to have is
[2:40:52]
still it's a global market.
[2:40:54]
>> Uhhuh.
[2:40:55]
>> And so we shouldn't just look at a US
[2:40:57]
sales. I mean if I did that I would have
[2:41:01]
just be happy with a US airplane but
[2:41:03]
this is a Austrian airplane that was in
[2:41:06]
Qatar
[2:41:08]
>> and uh if it's just in Austria it would
[2:41:11]
have been okay too I didn't have to re
[2:41:13]
reertify
[2:41:15]
registration is one thing certify is
[2:41:17]
another thing because FAA and YASA they
[2:41:20]
have handshake so whatever that's
[2:41:22]
certified by FAA or YASA they recognize
[2:41:25]
each other
[2:41:25]
>> okay
[2:41:26]
>> so but this is already taken off the
[2:41:28]
YASA one and moved into Qatar with a CIA
[2:41:32]
certification.
[2:41:33]
>> All right. Um, does the assessor have
[2:41:35]
any rebuttal evidence they want to
[2:41:36]
present?
[2:41:39]
>> Um, rebuttal evidence, no, but there are
[2:41:41]
some statements that were just made that
[2:41:43]
I would like to follow up on if that's
[2:41:45]
possible.
[2:41:46]
>> Well, rebuttal evidence can be oral
[2:41:48]
evidence. So, you can do that.
[2:41:50]
>> Thank you. Um, you had stated that you
[2:41:52]
didn't want to buy a aircraft that had
[2:41:54]
been to a flight school, been used as a
[2:41:56]
flight from a flight school. Correct.
[2:41:58]
>> Right. That was not Well, I didn't want
[2:42:00]
to because uh usually the flight school
[2:42:02]
ones have really been abused.
[2:42:04]
>> Sure.
[2:42:04]
>> Yeah.
[2:42:05]
And then you stated that those
[2:42:06]
that are sold by flight schools are at
[2:42:08]
retail value still. They haven't lost
[2:42:10]
any value.
[2:42:11]
>> I didn't. You said they were still at uh
[2:42:13]
you're saying at 650,000. said that uh I
[2:42:16]
want a low number of hours and most of
[2:42:19]
the flight school ones they probably
[2:42:21]
after abuse they being you know
[2:42:23]
thousands of hours or something.
[2:42:24]
>> Sure. And then you quoted a price of
[2:42:25]
around 650,000 for those models. So my
[2:42:28]
question would be how can it be damaged
[2:42:29]
in the eyes of most consumers and not be
[2:42:31]
worth as much and still worth as much as
[2:42:33]
when it was brand new?
[2:42:35]
>> Uh because that was not what he quoted.
[2:42:37]
He did not quote the flying school
[2:42:39]
flight schoolwise because I said I
[2:42:41]
didn't want the flight school. And what
[2:42:43]
information do you have about the flames
[2:42:44]
you get quote?
[2:42:46]
>> Well, I said that the well, first of
[2:42:48]
all, he did not quote one specific
[2:42:50]
airplane. I that's the data I wish I had
[2:42:53]
that I could I have, you know, I could
[2:42:55]
directly go to you with that. But I just
[2:42:57]
remember that in order to buy one of
[2:42:59]
those, which a it was really rare and b,
[2:43:03]
you know, if it's only got a couple
[2:43:04]
hundred or 300 hours like when I
[2:43:07]
purchased mine, they would have been,
[2:43:09]
you know, almost like the brand new one
[2:43:11]
>> and I didn't want to do that. That was
[2:43:13]
the main thing. I said, for a brand new
[2:43:15]
airplane, I either get from the factory
[2:43:17]
or pay for 650. Why would I, you know,
[2:43:20]
pay for 650 and get one that's used?
[2:43:24]
>> Because that's what the market says to
[2:43:26]
work.
[2:43:27]
It's that monopoly guy says what's
[2:43:29]
worth. But I know the market overseas is
[2:43:32]
not worth that much
[2:43:33]
>> for an aircraft that's not in that same
[2:43:35]
condition. That's correct.
[2:43:36]
>> Not in the same condition. Right.
[2:43:37]
>> Right. But I
[2:43:38]
>> All those things that you added to it,
[2:43:40]
all of those components that you're
[2:43:42]
>> a process though. Certification is a
[2:43:43]
process.
[2:43:44]
>> Okay. Okay. Um
[2:43:45]
>> and there's a cost to that process.
[2:43:47]
There's a cost to repairing.
[2:43:48]
>> Yeah. Well, you'll have an opportunity
[2:43:50]
for put that information in your closing
[2:43:53]
remarks. Um then um if there's no other
[2:43:58]
evidence, rebuttal evidence, uh no other
[2:44:02]
questions on the rebuttal evidence has
[2:44:04]
been been uh presented. It's time for
[2:44:08]
closing arguments and you had the burden
[2:44:11]
of proof. So would you present your
[2:44:13]
closing argument?
[2:44:16]
>> Would you present your closing arguments
[2:44:17]
first? Thank you.
[2:44:18]
>> Certainly.
[2:44:21]
California state constitution is very
[2:44:22]
clear that general aviation aircraft
[2:44:24]
should be assessed at fair market value
[2:44:26]
as of the lean date. Lean date in
[2:44:28]
question is 2024. All of the
[2:44:30]
improvements, all of the certification
[2:44:33]
costs that are expensive and are um
[2:44:36]
lengthy process to occur have all taken
[2:44:38]
place by that lean date. So that
[2:44:40]
aircraft is now equivalent to the
[2:44:42]
average aircraft that's in the
[2:44:43]
California market. And that's the
[2:44:45]
aircraft that was valued by the
[2:44:46]
assessor's office. You should note that
[2:44:48]
our assessment initially was done that
[2:44:50]
we've showed was done March 18th, 2024.
[2:44:52]
We were not aware that this aircraft had
[2:44:54]
been purchased out of state, out of the
[2:44:56]
country, not aware that it had been
[2:44:57]
upgraded. There was no mention of these
[2:44:59]
improvements that were made in the
[2:45:00]
property statement that was filed by
[2:45:01]
Miss Yang for 2024. Just that the
[2:45:04]
aircraft was in average condition, had
[2:45:05]
no damage history, and had a low number
[2:45:07]
of hours. Those are the data elements
[2:45:09]
that we use in our standard process as
[2:45:11]
described by the board of equalization
[2:45:13]
to conduct our job the way that every
[2:45:15]
assessor in California counties is
[2:45:16]
supposed to do. The aircraft was in our
[2:45:18]
jurisdiction. We valued it as if it was
[2:45:20]
in this market. We valued it as if it
[2:45:22]
was standard based on the guys price
[2:45:24]
line guides. We don't ever know how many
[2:45:26]
data points are involved in those
[2:45:28]
processes that receive the data to it.
[2:45:30]
We just know that the board of
[2:45:31]
equalization has approved that
[2:45:32]
commercial guide and it has so done so
[2:45:34]
for over 26 years to be the source the
[2:45:37]
authoritative source for us to use our standard fair market value process.
[2:45:42]
There is a secondary guideline of excuse
[2:45:44]
me price book called VREF that we are
[2:45:46]
supposed to use if the aircraft is not
[2:45:48]
located in the price guide. There are
[2:45:50]
many that are not located in aircraft
[2:45:51]
blue price guide because there's not
[2:45:53]
enough data collected to be able to say
[2:45:55]
what fair market value is. In those
[2:45:57]
cases, we either have to use VREF or we
[2:45:58]
have to use alternate methods to try and
[2:46:00]
come up with fair market valuations.
[2:46:01]
That was not necessary in this case,
[2:46:03]
even before we knew all of these
[2:46:04]
extraneous costs have been involved
[2:46:06]
because they're not important to the
[2:46:08]
fair valuation that we received on the
[2:46:10]
lean day 2024.
[2:46:13]
That is our conclusion that our opinion
[2:46:15]
is valid as issued.
[2:46:16]
>> Okay. Thank you.
[2:46:17]
>> Thank you.
[2:46:18]
>> And then may I have your closing
[2:46:19]
remarks, please?
[2:46:20]
>> Sure.
[2:46:22]
um fair market values uh which involves
[2:46:25]
the word market means a global market as
[2:46:29]
airplanes are sold around the world is
[2:46:31]
not just the US
[2:46:33]
and uh also market is based on supply
[2:46:37]
demand and so the US demand us supply at
[2:46:41]
the time was one case while in Qatar or
[2:46:45]
in Europe is another case so therefore
[2:46:49]
that market price in US and overseas are
[2:46:52]
different and I took advantage of that.
[2:46:55]
Sure, I took advantage of that. So, I
[2:46:57]
was able to get a market value that was
[2:46:59]
much lower and I shouldn't be penalized
[2:47:02]
for that. I went all the way around the
[2:47:04]
world to find that price. And uh you
[2:47:07]
mentioned the um uh improvement that's
[2:47:11]
uh that's added to the airplane and that
[2:47:14]
improvement part of that was process.
[2:47:17]
Certification is a process. It's it
[2:47:20]
doesn't have to have have to do with
[2:47:21]
market. It's a process to let people you
[2:47:24]
pay people to come and say okay this
[2:47:26]
airplane is safe so therefore you are
[2:47:28]
allowed to fly
[2:47:30]
right it's not part of the price of the
[2:47:33]
or or the market price so it shouldn't
[2:47:36]
be counted as a fair market value for
[2:47:38]
certification process now the other part
[2:47:41]
for example the uh ADSB the ADSB is only
[2:47:45]
special in the US I flew all the way
[2:47:48]
around the world they didn't require
[2:47:49]
ADSB basically ADSB is just not a GPS
[2:47:52]
that you add to the airplane. The
[2:47:54]
airplane already had two GPS's in the
[2:47:56]
airplane, right? So why do I need to add
[2:48:00]
all that value? Why does that value have
[2:48:02]
to be added to the market? Once again,
[2:48:03]
going back to the market, it's a global
[2:48:05]
market unless I'm coming here to sell
[2:48:08]
that airplane, then I would definitely
[2:48:10]
add that because that's an improvement
[2:48:12]
for this market. But for the other
[2:48:15]
market, it didn't require the ADSB. Only
[2:48:17]
the US from 2020 was requiring that.
[2:48:21]
That's the improvement part. So um so
[2:48:25]
overall I think the fair market value
[2:48:27]
ought to be 350 subtracting off the 15
[2:48:30]
for today you know with some
[2:48:32]
depreciation but of the lean date or of
[2:48:34]
uh 2024 January is slightly less than
[2:48:37]
350 even
[2:48:40]
but you have to tell me what market is
[2:48:44]
for the fair market price.
[2:48:47]
>> Does that conclude your closing
[2:48:49]
arguments?
[2:48:49]
>> Yes. Okay. Okay. I want to thank both
[2:48:51]
parties. I'm going to take this matter
[2:48:53]
under submission. You'll get my decision
[2:48:55]
in writing. Thank you both.
[2:48:56]
>> Thank you.
[2:49:29]
straight.
[2:49:38]
So these are still perfect because
[2:49:42]
that's really
[2:49:44]
Thank you.
[2:49:54]
» Just make sure parties.
[2:49:56]
>> Yeah, if everybody's okay with it.
[2:50:00]
>> Okay. So, we're going to take a 5m
[2:50:02]
minute recess
[2:50:04]
and we will come back after 11:55.
[2:50:17]
Yeah,
[2:50:18]
>> right here.
[2:56:40]
Okay, we're back on the record. I've
[2:56:43]
passed out a copy of the application
[2:56:47]
2511770
[2:56:50]
applicant Benichi Prada.
[2:56:53]
And it looks like this is a
[2:56:57]
an appeal for a supplemental assessment
[2:56:59]
issued January 20th, 2026.
[2:57:03]
Um, and we've gone through and amended
[2:57:05]
the application. And so the
[2:57:09]
assessor, do you want to give us a an
[2:57:10]
overview on the burden?
[2:57:14]
>> Um, yes. The burden would be on us. This
[2:57:17]
a scape assessment under property tax
[2:57:19]
321. uh you would bear the initial
[2:57:22]
burden of establishing the validity of
[2:57:24]
the assessment including demonstrating a
[2:57:26]
change of ownership occurred and that
[2:57:27]
the property was uh subject to
[2:57:29]
reassessment.
[2:57:30]
>> The this is a sorry just to clarify this
[2:57:34]
is a supplemental.
[2:57:37]
>> Uh yeah, so this would be a prospective
[2:57:40]
uh Prop 19 exclusion moving forwards
[2:57:42]
from 2025.
[2:57:44]
>> Okay. I just want to make sure because
[2:57:46]
originally it was filed for an escape
[2:57:47]
assessment but it was corrected to a
[2:57:49]
supplement for January
[2:57:52]
issued January 20th 2026.
[2:57:56]
>> Yeah, it wouldn't be qualified to be
[2:57:59]
accepted but it would just be a base
[2:58:02]
year.
[2:58:02]
>> Yes. So based on Yeah, based on the So
[2:58:10]
are we saying the supp as of the
[2:58:13]
supplemental on for the July 16, 2025
[2:58:17]
date
[2:58:18]
>> 2023
[2:58:19]
>> for 2025. Yes. So it's prospective base,
[2:58:22]
but there was a supplemental that they
[2:58:24]
filed timely on.
[2:58:25]
>> Okay. But we are address we're
[2:58:27]
addressing the June 8, 2023 correct
[2:58:30]
change in ownership event. Okay.
[2:58:35]
Um,
[2:58:35]
>> so it's assessor's assessor's burden.
[2:58:37]
>> Yeah, we believe it is the assessor's
[2:58:39]
burden.
[2:58:46]
» Okay. So, um, procedurally, Ceser will
[2:58:50]
go first. You'll have an opportunity to
[2:58:52]
ask questions of their appeal or their
[2:58:54]
presentation.
[2:58:55]
>> Um, then you'll do your presentation.
[2:58:59]
they'll have the opportunity to ask
[2:59:00]
questions of your presentation and then
[2:59:03]
we'll go into your closing and since
[2:59:05]
they have the burden they they'll close
[2:59:07]
the hearing. Okay.
[2:59:08]
>> I'm just going to backtrack uh just to
[2:59:10]
make sure I'm tracking with everyone on
[2:59:12]
the burden of proof. Um so then um is
[2:59:16]
the assessor rebutting a deed
[2:59:18]
presumption?
[2:59:21]
>> We are not. Um so the
[2:59:27]
basically um the appeal hinges on
[2:59:31]
proposition 19 parentto child exclusion
[2:59:34]
and whether the ex exclusion applies. So
[2:59:38]
>> both parties are not in disagreement
[2:59:40]
with the deeds. Uh we're just if uh
[2:59:44]
we're determining if an exclusion
[2:59:46]
applies or not to the transfer. So there
[2:59:49]
was a denial of the
[2:59:50]
>> we denied based on the facts we have.
[2:59:52]
Yeah.
[2:59:52]
>> Okay. Okay. Fine. Yes. So then um the
[2:59:56]
assessor shall have the burden of proof.
[2:59:59]
Um okay. Um
[3:00:03]
well now um to the assessor if you would
[3:00:08]
um before you introduce your case
[3:00:12]
uh would you you've already talked about
[3:00:15]
it but just concisely brief us on the
[3:00:18]
facts that we're looking at today the
[3:00:22]
data value um
[3:00:25]
and um
[3:00:29]
and we'll get the rest of in in your
[3:00:32]
case the enrolled value the value you'
[3:00:35]
be testifying to that will be in your
[3:00:37]
introduction and then we can get into
[3:00:39]
your case.
[3:00:39]
>> So the valuation portion was bifurcated.
[3:00:42]
Um okay so we were just going to talk
[3:00:45]
about the change in ownership.
[3:00:46]
>> Oh I see. Yeah you're right. Thank you.
[3:00:49]
>> Okay.
[3:00:49]
>> And so I passed out uh the assessors
[3:00:52]
exhibits A through D.
[3:00:56]
>> Okay. Good.
[3:00:57]
>> So quick just a real quick overview.
[3:01:00]
what we're looking at today. Um, so the
[3:01:03]
June 8th, 2023 date, that is the subject
[3:01:06]
of this appeal. Uh, that is due to the
[3:01:10]
passing of a parent and according to the
[3:01:14]
trust, two children inherited that the
[3:01:17]
property upon the passing of a parent.
[3:01:20]
Um, we treated that as a 100% change in
[3:01:24]
ownership. Uh later we did get a
[3:01:27]
proposition 19 application for parent to
[3:01:31]
child exclusion. Uh the main reason we
[3:01:35]
denied it is because proposition 19 has
[3:01:38]
a rule that says you have it has to
[3:01:40]
become your primary residence within one
[3:01:42]
year based on the documentation which
[3:01:45]
we'll go over. Um we found that it was
[3:01:48]
not inhabited as the primary residence
[3:01:50]
within a year and we felt we had to deny
[3:01:52]
the application
[3:01:53]
>> of both both children.
[3:01:55]
>> Correct.
[3:01:56]
>> Or either
[3:01:57]
>> u it would just be one the one that
[3:02:00]
eventually took
[3:02:02]
full ownership of the property. Uh he
[3:02:04]
that is the other date that was on the
[3:02:06]
application originally July 16th 2025
[3:02:10]
which is no longer the subject of the
[3:02:11]
appeal but that's when EA took 50%
[3:02:13]
ownership from his sibling.
[3:02:15]
>> Okay. And was that an event on appra
[3:02:17]
reappraising event?
[3:02:18]
>> Yes, we treated that as 50% reappraisal.
[3:02:20]
>> Okay. All right.
[3:02:23]
>> One point of clarification. We
[3:02:25]
originally treated it as a 100% change
[3:02:27]
in ownership event, but after this
[3:02:29]
appeal was filed, we noticed that error
[3:02:30]
and we corrected it to 50%. For that
[3:02:34]
>> July 16th, 2015.
[3:02:35]
>> I see. Okay. Okay. Um, then did you have
[3:02:39]
any questions about the procedure before
[3:02:41]
we have the assessor present his case
[3:02:42]
and chief? I think I have a a generally
[3:02:45]
good idea of how this is supposed to go.
[3:02:48]
>> Okay. Okay. Fine. The only thing that
[3:02:50]
wasn't mentioned um in the explanation
[3:02:54]
of the procedure is if you feel or if
[3:02:57]
the other if the assessor feels that uh
[3:03:00]
the opposite party is presenting
[3:03:02]
evidence that is not admissible
[3:03:05]
then you can interrupt and object and I
[3:03:07]
would make a ruling on your objection.
[3:03:10]
That would be the only time when we
[3:03:12]
interrupt each other. Okay.
[3:03:15]
>> All right. Let's get into the assessor's
[3:03:17]
case and cheats, please.
[3:03:19]
>> Uh March Sober, I'll be presenting for
[3:03:21]
the assessor's office. Uh we have
[3:03:24]
exhibit A, which is primarily what I'll
[3:03:26]
be reading from today. Exhibit B is
[3:03:28]
going to go over supporting docs uh
[3:03:30]
documents I've either provided or were
[3:03:32]
provided by the applicant. Um C and D
[3:03:37]
are beads and the full Google uh context
[3:03:41]
for uh annotations I'll be referencing
[3:03:44]
throughout exhibit A.
[3:03:46]
>> Before you start,
[3:03:48]
>> let me make sure. Okay. So is is this is
[3:03:52]
AB are all the exhibits under this one
[3:03:55]
clip?
[3:03:56]
>> Yes.
[3:03:56]
>> Oh, okay.
[3:03:57]
>> Yes. Uh if you notice down at the bottom
[3:04:00]
it it'll have the numbering for the
[3:04:02]
pages also include the exhibit.
[3:04:03]
>> Got it. Okay. Thanks.
[3:04:05]
>> Yeah.
[3:04:06]
>> Okay. Please proceed.
[3:04:08]
>> Dear board members, for your
[3:04:10]
consideration, the assessor submits the
[3:04:11]
following report on the determination of
[3:04:13]
a change in ownership of the subject
[3:04:15]
property. The assessor has completed
[3:04:17]
this determination objectively and
[3:04:18]
independently pursuant to all re
[3:04:21]
California revenue and taxation code
[3:04:23]
sections and California property tax
[3:04:25]
rules. The assessor's representative is
[3:04:27]
available for any questions regarding
[3:04:28]
news reports information and analysis.
[3:04:30]
Thank you for your service to venture.
[3:04:34]
Um for this part I'm ask to page three
[3:04:38]
the statement of facts. On June 22nd
[3:04:42]
1979 Kimo and Satoka Tada husband and
[3:04:44]
wife acquired title to the subject
[3:04:47]
property. A base year value was
[3:04:49]
established as of that day pursuant to
[3:04:51]
the applicable laws uh 60 and 4620001
[3:04:56]
on February 8, 2008. The deed was
[3:04:59]
transferred into a revocable trust. Uh
[3:05:02]
this was not considered a change in
[3:05:04]
ownership as the beneficiaries of the
[3:05:07]
property did not change under the new
[3:05:08]
trust.
[3:05:10]
Um this at this time affidavit of death
[3:05:14]
was also recorded for Kempo Turada. This
[3:05:16]
was a spousal transfer of interest also
[3:05:19]
not reassessed as Satoka Torado uh
[3:05:22]
remained as the surviving spouse and uh
[3:05:26]
qualified for an interspousal exclusion
[3:05:29]
on June 8th 2023. Satoka Torata passed
[3:05:33]
away and this was documented on a deed
[3:05:37]
recorded July 18th 2023.
[3:05:41]
The property then transferred in equal
[3:05:43]
shares to Nichi Tata and Miho Turata
[3:05:47]
effective on the June 8th 2023 date and
[3:05:52]
was 100 uh% assessed at that time. Uh
[3:05:56]
the trust became irrevocable which
[3:05:58]
automatically conveys interest to the
[3:06:01]
benefiting parties
[3:06:07]
on July 16th 2025.
[3:06:11]
uh deed was recorded with Kinichi Torata
[3:06:15]
acquiring siblings interest in the
[3:06:17]
property. This transfer was reviewed and
[3:06:19]
it was decided that a 50% assessment was
[3:06:22]
warranted as there is no exclusion uh
[3:06:25]
for sibling to sibling trans transfers.
[3:06:29]
Uh a supple supplemental notice from
[3:06:33]
June 8th 2023 transfer was mailed on May
[3:06:35]
20th 2024.
[3:06:38]
Uh I reference this because that uh
[3:06:40]
establishes that this will be a
[3:06:42]
prospective
[3:06:44]
uh
[3:06:46]
appeal as opposed to able to go back to
[3:06:48]
the date and change in ownership.
[3:06:52]
On July 29th, 2025, the assessor's
[3:06:55]
office received Proposition 19 form uh
[3:06:58]
stated the date the property was
[3:06:59]
occupied was May 5th, 2025 as principal
[3:07:03]
residence.
[3:07:05]
On July 30th, 2025, the assessor's
[3:07:08]
office received a homeowner's exemption
[3:07:10]
form that stated the date the property
[3:07:12]
was occupied as a principal residence
[3:07:13]
was May 5th, 2025.
[3:07:15]
>> And I'm sorry, the date the exemption
[3:07:18]
that claim form was received
[3:07:20]
>> was July 30th.
[3:07:21]
>> 30th, 2025. Got it.
[3:07:27]
» Also stated July 24th, 2026, I received
[3:07:32]
an addendum from the applicant. appeal
[3:07:35]
contains a picture of a 2025 income tax
[3:07:38]
return which stated the property as his
[3:07:40]
principal address in 2025.
[3:07:44]
Um the addendum also included notice
[3:07:46]
fromce that established a residency at
[3:07:49]
the property effective July 14th6.
[3:07:53]
Uh my analysis is the
[3:08:06]
on the bottom of page four. I'll
[3:08:08]
continue from there. On July 18th, 92.3,
[3:08:11]
the death of the trustee was recorded
[3:08:13]
with an effective date of June 8th,
[3:08:15]
2023. While the property remained titled
[3:08:18]
in the name of the Turata trust, the
[3:08:19]
exclusion provided under section 62D
[3:08:23]
applies only so long as the trust is
[3:08:25]
revokable and the trusters retain the
[3:08:28]
present beneficial interest. Upon the
[3:08:30]
death of the last surviving trust, that
[3:08:32]
exclusion no longer applies. At that
[3:08:35]
point, the beneficial interest in the
[3:08:37]
property passes from the deedent to the
[3:08:39]
trust beneficiaries.
[3:08:40]
Accordingly, upon Satakaco Torata's
[3:08:43]
death, the present beneficial interest
[3:08:45]
in the property transferred from
[3:08:46]
Satakaco Toata to the trust
[3:08:48]
beneficiaries.
[3:08:50]
This transfer constituted a change in
[3:08:52]
ownership under section 60 because it
[3:08:55]
represents a transfer of the beneficial
[3:08:57]
use and enjoyment of the property. The
[3:08:59]
assessor therefore correctly determined
[3:09:01]
that a change in ownership occurred as
[3:09:03]
of June 8th, 2023, establishing a new
[3:09:06]
property base year.
[3:09:09]
And then uh beginning month after
[3:09:12]
February 16, 2021, change in ownership
[3:09:15]
shall not include the transfer of real
[3:09:17]
property which is the principal
[3:09:18]
residence or the family farm of an
[3:09:20]
eligible transfer in the case of
[3:09:22]
transfers between parents and their
[3:09:24]
children or between grandparents and
[3:09:26]
their grandchildren meeting the
[3:09:27]
following conditions. The principal
[3:09:29]
residence or family farm of the transfer
[3:09:32]
must become the principal residence or
[3:09:34]
the family farm of at least one eligible
[3:09:36]
transfer within one year of transfer.
[3:09:40]
This rule states that the principal
[3:09:42]
residence must be established within one
[3:09:44]
year of the change in ownership, the
[3:09:47]
June 8th, 2023.
[3:09:51]
What constitutes a primary or principal
[3:09:53]
residence is described with the board of
[3:09:56]
equalizations annotations
[3:09:58]
as a principal residence or principal
[3:10:01]
place of residence is considered to be
[3:10:03]
equivalent to doicile. that place where
[3:10:06]
a person has his or true or his or her
[3:10:09]
true fixed and permanent home and to
[3:10:11]
which that individual has the intention
[3:10:13]
of returning to whenever absent.
[3:10:16]
Factors to consider when determining a
[3:10:18]
person's principal residence or doicile
[3:10:20]
in addition to where the owner of the
[3:10:22]
property resided during that year
[3:10:23]
include such indices as the filing of
[3:10:27]
income tax returns in the state, the
[3:10:30]
state of [clears throat] voter
[3:10:31]
registration, the state of vehicle
[3:10:33]
registration, the state of issuance of a
[3:10:36]
driver's license. There is no time
[3:10:38]
requirements under California property
[3:10:41]
tax law in order to qualify a home as a
[3:10:44]
principal place of residence. I.e. the
[3:10:46]
six-month rule of having lived the
[3:10:48]
majority of the time in that location as
[3:10:51]
opposed to
[3:10:53]
where you claim your actual residence.
[3:10:56]
Whether a dwelling located in California
[3:10:58]
is a person's principal place of
[3:10:59]
residence is a question of fact. To
[3:11:01]
qualify for the exemption, a dwelling
[3:11:03]
must be the person's true fixed and
[3:11:05]
permanent home and principal
[3:11:07]
establishment to when he she whenever
[3:11:09]
absent intends to return.
[3:11:12]
In state presence, vehicle registration,
[3:11:14]
voter registration, bank accounts, and
[3:11:16]
state income filings are among the
[3:11:17]
matters to be considered in determining
[3:11:19]
residency, which for exemption purposes
[3:11:21]
is equivalent to doicile.
[3:11:26]
The documents received from applicants
[3:11:28]
to did not make this property their
[3:11:30]
primary residence until May 2025.
[3:11:33]
No supporting documentation uh
[3:11:35]
demonstrated a move in date within the
[3:11:37]
timeline such as provided tax returns or
[3:11:40]
not provided proof of voter
[3:11:42]
registration, vehicle registration, or
[3:11:44]
driver's license. By the laws stated
[3:11:47]
above, the applicant would have needed
[3:11:48]
to make the property their primary
[3:11:50]
residence one year from the date of
[3:11:51]
transfer, June 8th, [clears throat]
[3:11:53]
2023, which would have been June 8th,
[3:11:55]
2024.
[3:11:57]
For the reasons set forth above, the
[3:11:59]
evidence demonstrates that a change in
[3:12:00]
ownership occurred on June 8th, 2023
[3:12:03]
upon the death of Satoka Tora, resulting
[3:12:05]
in the transfer of the present
[3:12:07]
beneficial interest in the subject
[3:12:09]
property to the trust beneficiaries.
[3:12:12]
This constitutes a reassessible event.
[3:12:16]
Per R&T code section 60 notwithstanding
[3:12:19]
that legal title remained in the name of
[3:12:20]
the trust. Further the applicant's claim
[3:12:23]
for the parent child exclusion of
[3:12:25]
Proposition 19 does not qualify for
[3:12:27]
relief at the applicant did not
[3:12:29]
establish the property as its primary
[3:12:31]
residence within one year of the date of
[3:12:33]
transfer as required by rule 462520.
[3:12:37]
Accordingly, the assessor respectfully
[3:12:39]
requests that the assessment appeals
[3:12:40]
board uphold the assessor's
[3:12:42]
determination that the June 8, 2023
[3:12:44]
change in ownership constitutes a
[3:12:45]
reassessible event under property uh
[3:12:50]
under the applicable property tax law
[3:12:52]
and sustain the resulting assessment as
[3:12:54]
well as the denial of Proposition 19
[3:12:56]
exclusion claim.
[3:12:59]
In exhibit B, we do have the documents
[3:13:02]
reference where we have the homeowners
[3:13:05]
uh
[3:13:06]
plan or tax uh tax exemption on uh about
[3:13:12]
halfway down the page. It is number two,
[3:13:15]
date you occupied this property as your
[3:13:17]
principal residence was uh May 5th,
[3:13:22]
2025. This would be exhibit B, page two.
[3:13:32]
And then on page three and also the
[3:13:36]
reassessment claim for exclusion between
[3:13:39]
parent and child of Proposition 19.
[3:13:44]
It backs up that on page four also
[3:13:47]
states a move in date of uh establishing
[3:13:50]
a resident principal residence house of
[3:13:53]
5520.
[3:14:04]
And then uh lastly, we do have uh the
[3:14:08]
SCE
[3:14:11]
um establishment notice for 202 July 15,
[3:14:16]
2026,
[3:14:18]
page seven, and the 2024 and 2023
[3:14:23]
California income tax returns page list
[3:14:27]
the uh San Francisco property that the
[3:14:29]
applicant also owns as the address.
[3:14:32]
>> What page is that on?
[3:14:33]
>> Sorry, that one is um Oh, that page is
[3:14:38]
not numbered because I received them
[3:14:39]
late. They're after seven, so they would
[3:14:41]
be considered eight and nine.
[3:14:43]
>> Oh, okay.
[3:14:44]
>> Yeah. Sorry, I stayed put those
[3:14:45]
together. Just see those a little late.
[3:14:48]
And um
[3:14:57]
and uh
[3:15:00]
which page were you just referring to
[3:15:03]
where it states his residence on the tax
[3:15:07]
forms?
[3:15:08]
>> Yes, those should be just before it on
[3:15:10]
page two and three.
[3:15:13]
Oh, on the tax forms. Yes. Um yeah, that
[3:15:16]
would be uh after the the would be eight
[3:15:20]
and nine 20.4 tax return and three tax
[3:15:24]
return. Those would be the very
[3:15:26]
>> Did you read the statement that states
[3:15:29]
the
[3:15:30]
>> location? Yes.
[3:15:31]
>> From there.
[3:15:32]
>> Um
[3:15:33]
>> read read the address or whatever.
[3:15:36]
>> Yes. It says 325 Fair Street, San
[3:15:38]
Francisco, California. Um
[3:15:41]
>> is that the mailing address?
[3:15:43]
>> Yes. And it says principal residents
[3:15:45]
enter your county at the time of filing.
[3:15:46]
San Francisco.
[3:15:48]
>> Where is Oh, I see.
[3:15:49]
>> Yeah. It does not list the exact street
[3:15:52]
number, but list the
[3:15:53]
>> Okay.
[3:15:59]
» Same on the 2000
[3:16:02]
>> on the same on the uh
[3:16:05]
23. Yes, we did receive the 2025 tax
[3:16:09]
return that does list the uh Camaro
[3:16:12]
address. Um, however, that does just
[3:16:16]
kind of confirm the other documents
[3:16:17]
we've received that residency was
[3:16:19]
established in 2025.
[3:16:20]
>> Okay. And that's is that in the
[3:16:22]
exhibits, the 20
[3:16:23]
>> Yes, the 2025 should be before the SoCal
[3:16:28]
Edison. So, that's page six.
[3:16:30]
>> Okay.
[3:16:31]
>> Yeah, it does list Ventura County as the
[3:16:33]
principal residence.
[3:16:34]
>> Okay. Thank you. [clears throat] Uh, was
[3:16:36]
there any other evidence?
[3:16:37]
>> Uh, no. That would be at this time.
[3:16:40]
>> Okay. Uh, have you had a chance to
[3:16:44]
um look at this evidence enough for you
[3:16:46]
to cross-examine the assessor because I
[3:16:49]
can give you some time if you need to
[3:16:50]
take a look.
[3:16:51]
>> I'm familiar with some of the evidence
[3:16:53]
that's presented because we've been
[3:16:54]
having communication about it. So,
[3:16:56]
>> Okay.
[3:16:57]
Sorry for your loss by the way.
[3:16:59]
Thank you.
[3:16:59]
>> Um, would you like to cross-examine the
[3:17:02]
assessor now?
[3:17:03]
>> Yeah. Um, so I I guess one question is
[3:17:09]
there there
[3:17:15]
I think it's page five, right?
[3:17:17]
>> Of which exhibit?
[3:17:18]
>> Exhibit A, page five.
[3:17:20]
>> Mhm.
[3:17:20]
>> Exhibit A. So the four
[3:17:24]
um points being quote all about the tax
[3:17:27]
return
[3:17:29]
registration with the registration
[3:17:31]
driver's license.
[3:17:33]
Um
[3:17:34]
so
[3:17:36]
is it possible that there is someone
[3:17:39]
that can satisfy all these requirements
[3:17:41]
but not actually be physically resident
[3:17:44]
and still qualify
[3:17:46]
that home to be the primary resident?
[3:17:52]
You're saying if they provide all these
[3:17:54]
items and all these items show that it's
[3:17:57]
their primary residence,
[3:17:58]
>> right? The optics of
[3:18:00]
>> Yeah. the the optics of it based on the
[3:18:03]
law would make it look like that primary
[3:18:05]
estimates, right?
[3:18:06]
>> So I would read from I'm going to read
[3:18:08]
from annotation 505.0078,
[3:18:11]
which is the paragraph right below that
[3:18:14]
list. It says um whether a dwelling
[3:18:16]
located in California is a person's
[3:18:18]
principal place of residence is a
[3:18:20]
question of fact. Uh so based on the
[3:18:24]
BOE's guidelines, um it should be
[3:18:28]
factual and these are the documentations
[3:18:30]
they suggest we review to ensure that
[3:18:33]
it's a factual principal place of
[3:18:35]
residence.
[3:18:36]
>> But it could be possible even with all
[3:18:38]
this evidence that person's not
[3:18:40]
physically present at the home. Correct.
[3:18:43]
Um, not so for our purposes, we're going
[3:18:46]
to base any decision making on the
[3:18:49]
documents the DOE requires.
[3:18:58]
» I I think that's that's the only
[3:19:00]
question I have regarding
[3:19:02]
>> that's the only question you have. Okay.
[3:19:04]
Um, could you direct me to the
[3:19:06]
homeowners exclusion claim form? Where
[3:19:09]
is that? That that is that should be the
[3:19:11]
very sec the second page
[3:19:14]
>> of [clears throat] exhibit
[3:19:15]
>> of exhibit B
[3:19:18]
>> exhibit B page two.
[3:19:20]
>> Yes.
[3:19:20]
>> Okay.
[3:19:20]
>> That is
[3:19:22]
property tax exemption.
[3:19:24]
>> Okay. Let me just take a look at that
[3:19:30]
exhibit B page two.
[3:19:33]
>> I did have one.
[3:19:35]
>> That's fine. Just one second. Let me
[3:19:36]
look at this.
[3:19:38]
>> Okay. So this is the
[3:19:40]
exemption and it says when did you
[3:19:43]
acquire the property
[3:19:45]
and it says date you occupied the
[3:19:48]
property as your principal residence.
[3:19:50]
>> Yes,
[3:19:55]
» May 5th, 2025.
[3:20:02]
» Is that within one year?
[3:20:05]
Uh, no. That was June 8th, 2024.
[3:20:08]
>> That's right. You said that.
[3:20:10]
>> I [clears throat] I do I'm going to let
[3:20:13]
you ask your question and I have another
[3:20:14]
question for them. But let me have you
[3:20:16]
ask ask them first.
[3:20:17]
>> Thank you. Uh so we we might be asking
[3:20:20]
the same question but uh I guess to
[3:20:23]
[laughter] the assessor's office upon
[3:20:24]
receiving those forms given that date of
[3:20:27]
May the 5th 2025 is there any is there
[3:20:31]
any reasonable scenario that that date
[3:20:34]
would even be valid for submission for
[3:20:36]
that form
[3:20:38]
>> that so that the form signed under
[3:20:41]
penalty of perjury. So we do whatever's
[3:20:44]
filled out on the form carries a lot of
[3:20:47]
weight.
[3:20:48]
>> Understood.
[3:20:48]
>> And we are required to put a lot of
[3:20:51]
weight on it because it is signed under
[3:20:52]
penalty of perjury.
[3:20:53]
>> Sure.
[3:20:54]
>> Um if in your case an applicant
[3:20:58]
fills it out incorrectly
[3:21:00]
>> um for whatever reason put the wrong
[3:21:02]
date on there. Maybe they were confused.
[3:21:04]
I don't know. um we do allow them to
[3:21:07]
make a correction and the correction
[3:21:09]
would be through the documentation
[3:21:12]
listed in that in our presentation. So
[3:21:17]
essentially we're saying okay we rec we
[3:21:19]
recognize everyone makes mistakes. If
[3:21:21]
you can prove you've made a mistake then
[3:21:22]
we can make the correction.
[3:21:25]
>> Yes.
[3:21:29]
» Okay. Um let's see here.
[3:21:34]
I think that answered my question also.
[3:21:37]
Okay. Um then hearing no other
[3:21:41]
cross-examination questions, it's your
[3:21:43]
opportunity to present your case and
[3:21:45]
chief and um let me just ask you this
[3:21:48]
just before you get started. Are you
[3:21:50]
going to are you testifying
[3:21:53]
that um
[3:21:55]
do you believe that they should have
[3:21:57]
been the u change in ownership should
[3:22:00]
have been 100% excluded from
[3:22:02]
reassessment?
[3:22:04]
I'm challenging the the statement I'm
[3:22:08]
going to be presenting is that there was
[3:22:10]
a ministerial mechanical error on that
[3:22:13]
date that was presented on the forms and
[3:22:16]
I'm presenting evidence that I was
[3:22:18]
physically resident in the camera
[3:22:21]
>> and ultimately you believe that the
[3:22:23]
exclusion the parent child exclusion
[3:22:25]
should have been granted 100%. Is that
[3:22:27]
correct?
[3:22:29]
>> Okay, very fine. Um
[3:22:36]
it's
[3:22:39]
so
[3:22:40]
>> it is yeah it's a original appeal and
[3:22:47]
passing out the applicants exhibits. Um,
[3:22:51]
so it looks like they're labeled A
[3:22:53]
through D and
[3:22:56]
an addendum and one. So we'll we'll
[3:22:58]
identify them as exhibits 1 through
[3:23:00]
eight.
[3:23:12]
» Would you proceed please?
[3:23:14]
>> Thank you.
[3:23:16]
all again for your time. notes
[3:23:18]
very late so it can distort
[3:23:22]
uh the case I'm presenting is that the
[3:23:26]
there was the mechanical error that they
[3:23:30]
presented on the forms that were
[3:23:33]
submitted to the county and the evidence
[3:23:36]
that I'm presenting is around the fact
[3:23:39]
that I was physically present
[3:23:43]
at my mother's home up until the
[3:23:48]
transfer starting from June. And it may
[3:23:52]
seem con may seem convenient that I'm
[3:23:55]
saying that uh the timeline starts from
[3:23:58]
June uh 2022.
[3:24:02]
However, I can go into some history of
[3:24:05]
why that's your residence. So,
[3:24:09]
as as we all already understood, my
[3:24:12]
father passed away in 2007.
[3:24:16]
Uh after his passing, my my mother lived
[3:24:20]
in that home by herself and she felt
[3:24:24]
that it would be a great idea on
[3:24:27]
Memorial Day for his family to get
[3:24:29]
together because she was getting she had
[3:24:32]
just lost her father as well and um she
[3:24:36]
wanted another reason for the the family
[3:24:38]
to get together. So pretty much uh a
[3:24:41]
year or two after his passing, we
[3:24:44]
started having a annual uh Memorial Day
[3:24:46]
barbecue and it was only until co co was
[3:24:52]
the in 2020 was the one year that we had
[3:24:55]
to to skip it. Uh
[3:24:58]
I'm sure everybody understands why. It's
[3:25:00]
just the there was a lot of uncertainty
[3:25:03]
at the climb. So we that was the the one
[3:25:06]
year since his passing uh and she
[3:25:08]
started that barbecue band. We we did
[3:25:11]
not have that
[3:25:13]
um no more barbecue.
[3:25:16]
And then
[3:25:18]
come 2021 I mean everyone was happy to
[3:25:22]
be back together. She was absolutely
[3:25:24]
fine. And then skip forward one more
[3:25:26]
year to 2022
[3:25:29]
and it it was clear that there was
[3:25:31]
something off.
[3:25:34]
He just she would usually be excited
[3:25:36]
about helping out and
[3:25:39]
she just really wasn't herself. So I I
[3:25:42]
think myself um my my partner and my
[3:25:47]
sister, we all kind of questioned why
[3:25:49]
she wasn't uh acting the way that she
[3:25:52]
usually was. And she just said she was
[3:25:54]
feeling bad. And I started to work with
[3:25:58]
her to gain access to her medical
[3:26:00]
records to just understand what was
[3:26:02]
going on. And the more I read into it,
[3:26:06]
uh that the more I found out that she
[3:26:08]
just wasn't getting the the right health
[3:26:12]
or the care that she needed. So, uh it
[3:26:16]
became apparent that through discussions
[3:26:19]
with her practitioner, through her ho
[3:26:21]
that I needed to be an advocate for her
[3:26:25]
health. So, I I decided in June to to
[3:26:28]
come down and help be an advocate for
[3:26:30]
her. Uh so that is the reason for the June 2022 date. I I intentionally
[3:26:36]
made the decision to come down to to
[3:26:38]
help take care of my mother. Um
[3:26:44]
I think starting with exhibit A.
[3:26:47]
This is just uh
[3:26:51]
we skip a couple pages. Um sorry looks
[3:26:55]
like there's no page numbers on this.
[3:26:58]
Apologize. So if we go to the third
[3:27:00]
page, this is just all my flight records
[3:27:02]
from that date of um June 6th, 2022
[3:27:08]
pass the data transfer up until the time
[3:27:12]
I think it was current
[3:27:15]
submitted.
[3:27:17]
>> So you have your flight records
[3:27:20]
that's
[3:27:23]
» that's where it says arrival date,
[3:27:25]
return date.
[3:27:26]
>> Yeah, that's correct. Okay.
[3:27:30]
And that tells how many days you stayed.
[3:27:33]
>> That's cool.
[3:27:33]
>> So the raal date is when I was alive.
[3:27:36]
That's when you know he's in Burbank.
[3:27:38]
And the return date was back. And we
[3:27:41]
track the days that he's physically
[3:27:45]
present here. 292 days
[3:27:50]
a bit.
[3:27:57]
We continue forward with two pages.
[3:28:00]
These are just flight records around
[3:28:03]
20
[3:28:04]
June 2022 dates and some additional
[3:28:08]
evidence later on in the year.
[3:28:15]
to Los
[3:28:19]
and I think now instead of going to
[3:28:21]
exhibit B, I'm going to go to exhibit C,
[3:28:27]
which is
[3:28:29]
um I tried as the best as possible to
[3:28:33]
follow just the medical
[3:28:36]
that
[3:28:38]
um I was doing to to ensure my mom was
[3:28:41]
getting the right amount of care. And
[3:28:44]
one challenge that I had immediately
[3:28:46]
faced was the the fact that she was
[3:28:49]
locked into an HMO. I think if you
[3:28:53]
didn't know any better, you don't want
[3:28:55]
to necessarily spend too much on the
[3:28:56]
medical insurance and she went with the
[3:28:59]
she unfortunately went with the the
[3:29:00]
chief medical plan. And she didn't she got stuck with the HMO and her
[3:29:05]
general practitioner. Once I started
[3:29:07]
looking into her history over the
[3:29:10]
several years, um I I felt he was not
[3:29:13]
taking care of her. We should have sent
[3:29:16]
her to some specialist.
[3:29:22]
So before I came into the picture, it
[3:29:25]
was
[3:29:27]
I I can't say enough how disappointed I
[3:29:31]
was with the care that she was getting.
[3:29:34]
Uh anyway, excuse me. Uh
[3:29:40]
so moving on to uh attachments. These
[3:29:43]
are just records of
[3:29:48]
>> Do do you want to take a break before
[3:29:50]
you proceed?
[3:29:51]
>> I I thank you.
[3:29:53]
>> Okay.
[3:29:56]
>> Uh medical records have just uh taken
[3:29:59]
occur to different specialists.
[3:30:02]
Um, I I had to fight really hard. I I
[3:30:06]
got help through my family to to get her
[3:30:10]
in front of the oncologist when it
[3:30:11]
wasn't really even
[3:30:14]
part of her network. Uh, again, because
[3:30:16]
she was on the HMO and he agreed to see
[3:30:19]
her. We had an initial consultation to
[3:30:21]
go over her her labs, her vitals, and he had made some recommendations and
[3:30:27]
really it became clear to me that we
[3:30:30]
needed to get her out of the HMO
[3:30:34]
to get her quality care. So I would say
[3:30:38]
other than trying to get her to see
[3:30:40]
specialists through um through the
[3:30:44]
general practitioner of the HMO, part of
[3:30:47]
that toward the end of the year was
[3:30:49]
trying to figure out a way to get her
[3:30:52]
onto at least a PO plan to give her some
[3:30:54]
flexibility.
[3:30:56]
And um we ended up succeeding [laughter]
[3:30:59]
toward the end of the year. Um I think
[3:31:02]
in the the Novemberish time frame
[3:31:04]
there's
[3:31:06]
Yeah, there's we're skipping to
[3:31:09]
attachments for again the politics of
[3:31:11]
the pages on but um
[3:31:16]
we've worked the USA angle because my
[3:31:19]
father did serve time in the military.
[3:31:21]
So we had a discussion with them and
[3:31:23]
they approved getting her off to a PO
[3:31:26]
plan that they would support and we were really optimistic.
[3:31:32]
You know, I think you can focus in more
[3:31:35]
on
[3:31:37]
>> I think that
[3:31:39]
uh one of the main issues is were you a
[3:31:42]
resident of the property
[3:31:47]
on the date of uh death or within one
[3:31:51]
year. So if you can focus in on your
[3:31:54]
evidence that would support you said
[3:31:56]
there was some type of a clerical
[3:31:59]
ministerial error
[3:32:00]
>> in the data.
[3:32:01]
>> Yeah. So, if you want to focus in on
[3:32:03]
that,
[3:32:05]
>> um, and also anything that you have that
[3:32:09]
establishes
[3:32:10]
your residency within that one year of
[3:32:14]
when you lost her.
[3:32:16]
>> Okay.
[3:32:16]
>> So, so I guess this is a good time to
[3:32:18]
ask my question. Um, is is that the only
[3:32:21]
issue is the
[3:32:23]
>> primary residence
[3:32:24]
>> the primary residence within one year of
[3:32:26]
the transfer date?
[3:32:28]
>> That is Yeah, that is the only issue.
[3:32:30]
>> Okay. And if there's nothing else that
[3:32:32]
would be
[3:32:35]
other than the the one year that would
[3:32:37]
be considered in determining the
[3:32:39]
eligibility for the reassessment.
[3:32:41]
>> Yes, I believe that's it.
[3:32:45]
>> Okay,
[3:32:49]
» thank you for steering me straight.
[3:32:53]
So I I guess going back to exhibit A
[3:32:55]
then there there are looking at the
[3:33:00]
lights
[3:33:01]
history
[3:33:03]
>> tracking up to the the date of transfer
[3:33:05]
there there were 292 days they spent in
[3:33:09]
the area. I mean,
[3:33:13]
there's no way to to verify that I was
[3:33:16]
at the house during that entire time,
[3:33:18]
but there would be no reason for me to fly back to San Francisco. And I I
[3:33:25]
think the medical evidence that I was
[3:33:27]
maybe getting a bit too deep into. I
[3:33:30]
wanted to use that to kind of overlay on
[3:33:32]
the dates that I was here to provide
[3:33:35]
evidence.
[3:33:36]
Yes, I I was here transporting my
[3:33:38]
mother. Right.
[3:33:40]
>> Right.
[3:33:45]
» Uh moving on to exhibit B. These are
[3:33:48]
just a bunch of redacted
[3:33:51]
bank statements, but what's been
[3:33:54]
highlighted is just evidence that I was
[3:33:57]
here paying to
[3:34:01]
buy groceries gas station. Um, in
[3:34:05]
addition to taking care of my mother, I
[3:34:07]
take care of the house as well. So,
[3:34:08]
there's some legal again. So this
[3:34:11]
they're just pages of different periods
[3:34:13]
of time during the period that I'm
[3:34:16]
mentioning 2020 22 passing through
[3:34:22]
transfer provide evidence that are
[3:34:26]
physically exposed to
[3:34:39]
and I guess that leads on to a tendon.
[3:34:43]
So
[3:34:50]
one thing I or a few things I wanted to
[3:34:52]
kind of clarify based on the original
[3:34:54]
field that was submitted
[3:34:57]
is the optics of the the flight travel
[3:35:00]
and I just wanted to reiterate that my
[3:35:04]
flight here was
[3:35:07]
because of this
[3:35:09]
similar medical crisis with my mother. I
[3:35:13]
intentionally chosen to be with her to
[3:35:15]
help support her. Um, luckily my
[3:35:20]
employment allowed opportunity to work
[3:35:22]
remotely. We were very flexible with
[3:35:24]
that to that uh allowed me to continue
[3:35:28]
my work with them and then to support
[3:35:31]
her uh the to commit as much time. They
[3:35:36]
were very flexible with understanding
[3:35:38]
the situation
[3:35:40]
to take the time that I needed to make
[3:35:43]
sure that she was seen her getting the care that she needed when she needed
[3:35:47]
and see her special needs.
[3:35:50]
Um,
[3:35:52]
moving on to
[3:35:55]
day one in the addendum. So
[3:35:59]
the fact that the utilities to the camera,
[3:36:09]
we've kept those in my mother's name. Um
[3:36:11]
this one in particular, you see this was
[3:36:14]
in the name my father and um she had
[3:36:17]
just kept it in his name since he
[3:36:20]
passed. Uh so I think from the utility
[3:36:24]
standpoint
[3:36:28]
maybe it's my own opinion
[3:36:31]
know the convenience you were still
[3:36:32]
paying a bit. So just to make sure things are are square,
[3:36:40]
uh we've started making efforts now that
[3:36:45]
the the administration of trust is
[3:36:48]
mostly settled. Uh just making sure that
[3:36:51]
all paperwork is lining up to to be in
[3:36:54]
my name. So utilities
[3:36:57]
are all or in the process of being
[3:36:59]
transitional to my name as mentioned
[3:37:04]
tax filings
[3:37:07]
from 2025.
[3:37:09]
they are in names
[3:37:13]
and um I can also
[3:37:20]
change the driver's license address and
[3:37:25]
to the cabinet address
[3:37:28]
and then change the voter registration
[3:37:31]
that that's still pending but that is
[3:37:34]
all moving to
[3:37:37]
moving
[3:37:40]
forward to
[3:37:43]
establish based on what we discussed or
[3:37:45]
what was discussed as per law in the
[3:37:47]
first document to why that the camera's
[3:37:50]
residence is near.
[3:37:56]
I believe that's all I have.
[3:37:58]
>> All right. Okay. To the assessor, uh
[3:38:02]
it's your opportunity for
[3:38:03]
cross-examination. Would you proceed?
[3:38:05]
>> Yes. Uh, a couple questions. So, on the homeowners exemption form, claim
[3:38:14]
form and the Proposition 19 parent to
[3:38:16]
child form that you filled out for us.
[3:38:19]
Uh, now, did you fill those out?
[3:38:21]
>> We were working with our trust attorney
[3:38:25]
at the time.
[3:38:26]
>> Okay. So, your trust attorney filled it
[3:38:28]
out.
[3:38:28]
>> We were working through them and they
[3:38:32]
have they submitted the paperwork on our
[3:38:34]
behalf.
[3:38:34]
>> Okay. [laughter]
[3:38:36]
Why do you know why the May 5th, 2025
[3:38:39]
date was entered as the move in date?
[3:38:43]
>> There was some discussion with the
[3:38:46]
attorney of that date and that was it
[3:38:50]
was decided to be the format back then.
[3:38:54]
>> Okay.
[3:38:57]
So
[3:38:58]
would I was just trying I don't know if
[3:39:01]
I quite got the answer. I was just
[3:39:03]
trying to get the clarification of what
[3:39:06]
was the error that caused that May 5th
[3:39:08]
date to be there.
[3:39:11]
>> I would say that
[3:39:16]
we
[3:39:18]
are
[3:39:21]
that date
[3:39:22]
was based on
[3:39:25]
wish I had a copy of it but there was a
[3:39:29]
uh
[3:39:29]
>> a copy. Oh, okay. There was a form that
[3:39:33]
I submitted with San Francisco County to
[3:39:37]
inform them that my address was
[3:39:38]
changing. And this was something that
[3:39:40]
came up that the attorney had
[3:39:42]
recommended that I update to change to
[3:39:45]
say that I'm no longer a San Francisco
[3:39:47]
resident as my primary. I remember
[3:39:50]
submitting that form and I believe the
[3:39:53]
date that that 5525 date was the date
[3:39:57]
that I submit that form. So from my my
[3:40:00]
point of view or from my understanding
[3:40:02]
that that was the date that I
[3:40:08]
>> Yeah, that that's the the background for
[3:40:11]
that genesis.
[3:40:12]
>> Okay. And I did have a question about
[3:40:15]
the 2023 and 2024 tax returns. If Camaro was your primary residence,
[3:40:22]
why did those reflect the San Francisco
[3:40:25]
was the primary resident like primary
[3:40:28]
county?
[3:40:28]
>> Sure. Uh I mean I was I was still
[3:40:33]
dealing with what had happened to my
[3:40:35]
mother.
[3:40:36]
There were things we need to take care
[3:40:38]
of the trust. I I would just frame that
[3:40:40]
as administrative lag. I the San
[3:40:44]
Francisco address. I'm the majority
[3:40:47]
owner, but my partner, she lives there.
[3:40:50]
That's her permanent home. So, it was a
[3:40:53]
safe address for me to use that I didn't
[3:40:54]
have to think about.
[3:40:56]
>> Okay. And I'm assuming you
[3:41:01]
So, prior to the move, you worked and
[3:41:04]
lived in San Francisco, right?
[3:41:06]
>> And
[3:41:08]
when did when did you notify work that
[3:41:11]
your primary residence had changed?
[3:41:14]
Uh because I'm a remote employee, I
[3:41:16]
don't necessarily have I I have not
[3:41:19]
updated that.
[3:41:20]
>> Oh, you still have an update. Oh, sorry.
[3:41:23]
Um
[3:41:26]
Oh, my last question is
[3:41:31]
I I was I was looking at your bank
[3:41:33]
statements here briefly. I was looking
[3:41:35]
at the dates that occurred after June
[3:41:38]
8th, 2023.
[3:41:40]
I noticed
[3:41:42]
there are some Camaro
[3:41:46]
locations, but it's also intermixed with
[3:41:48]
San Francisco
[3:41:50]
as well as various other locations in
[3:41:54]
Southern California. So, and I guess
[3:41:56]
this also ties to the bank, I'm sorry,
[3:41:59]
the uh flight records. Um why if your
[3:42:03]
primary residence had changed and your
[3:42:05]
and you're able to work remotely, right?
[3:42:07]
Um, why were you continuing to go back
[3:42:11]
to San [clears throat] Francisco for it
[3:42:13]
looks like roughly two years? You kept
[3:42:16]
habitually returning to San Francisco.
[3:42:19]
>> So, I would have to go back to San
[3:42:20]
Francisco for work engagements
[3:42:23]
periodically. Um,
[3:42:27]
I would also have to say that based on
[3:42:31]
my experience with my my mother, there's no reason that I would give up
[3:42:38]
in the
[3:42:40]
my physician, my dental health, my
[3:42:44]
optometrist, the care that I'm getting
[3:42:46]
up there to drink it down here. So, I
[3:42:49]
would go back to school as well.
[3:42:51]
>> Oh, okay. So you're returning for work
[3:42:53]
as as well as healthcare. Okay. Um I
[3:42:58]
don't further questions see questions.
[3:43:18]
» Yeah, that's all the questions we have.
[3:43:20]
>> Oh, okay. Um, so tell me this. Um,
[3:43:26]
on your attachment A1,
[3:43:29]
um, where you have your arrival date and
[3:43:32]
return dates,
[3:43:35]
um, and and one column says primary
[3:43:38]
evidence flight to back it up. Um, how
[3:43:41]
many days
[3:43:43]
cumulatively
[3:43:47]
um, were there between 6823
[3:43:52]
and
[3:43:54]
excuse me, June 8th, 2024
[3:43:58]
and May 5th, 2025.
[3:44:07]
Excuse me. Excuse me. I'm so sorry. How
[3:44:09]
many cumulative days were there between
[3:44:12]
when you lost your mother
[3:44:15]
on in 2023 to the one year
[3:44:19]
uh time frame after that June 8th of
[3:44:23]
2024? How many cumulative days were
[3:44:27]
there during that period of time?
[3:44:39]
I think just looking at the cumulative
[3:44:40]
dates here. All I'm doing is tracking
[3:44:42]
the the cumulative because it's a
[3:44:45]
aggregated column. I'm just taking
[3:44:49]
>> you have 649 there. But that starts
[3:44:52]
before you lost your mother.
[3:44:56]
>> It's 696 [laughter]
[3:44:57]
minus 292, right?
[3:45:00]
>> Okay. What do you get approximately?
[3:45:02]
That's 204 days.
[3:45:04]
>> 204 days you were staying
[3:45:07]
>> and a year is 365,
[3:45:10]
>> right? 204. Okay. Now, um so it was 204
[3:45:17]
cumulative
[3:45:20]
during that one-year period that you had
[3:45:24]
were there. Now, um after June 8th,
[3:45:29]
2024,
[3:45:33]
um
[3:45:36]
until you took ownership from your
[3:45:40]
uh sibling,
[3:45:42]
which was
[3:45:46]
71625.
[3:45:49]
>> Yes.
[3:45:49]
>> Did Did you live there then?
[3:45:51]
>> Yes.
[3:45:52]
continue to be resident in the Cumbria.
[3:45:56]
I need to take care of.
[3:45:57]
>> So,
[3:45:59]
um are you stating that your residency
[3:46:01]
began
[3:46:03]
um
[3:46:05]
for sake of discussion for this for this
[3:46:08]
purpose? Um
[3:46:10]
when you lost your mom within a year
[3:46:12]
when you lost your mother?
[3:46:14]
>> No, I'm I'm stating that I was already I
[3:46:18]
made the decision to to move there.
[3:46:20]
>> Yeah. a year before.
[3:46:22]
>> So it was actually you're saying before.
[3:46:25]
>> Yeah. So but you're saying also that
[3:46:28]
therefore within that one year you stay
[3:46:31]
you were there. Did you continue to uh
[3:46:34]
ha have that as your
[3:46:38]
uh primary place of residence thereafter
[3:46:43]
continuously or did it did it stop and
[3:46:47]
>> it's been
[3:46:48]
>> Oh it's been continuous.
[3:46:49]
>> Yes. as far as physical precedents.
[3:46:51]
Yeah, obviously not the the tax
[3:46:53]
property.
[3:46:55]
>> Okay. So
[3:46:58]
then
[3:47:05]
from
[3:47:07]
June 8th to 2024,
[3:47:12]
do you have from June 8th, 2024 until
[3:47:14]
the date you uh took ownership uh from your sibling your siblings
[3:47:22]
ownership portion?
[3:47:24]
Have you any idea how many cumulative
[3:47:26]
days you were there during that period?
[3:47:29]
>> I think we can use the same table to say
[3:47:33]
this is approximately 68 2024, right? So
[3:47:37]
that's
[3:47:39]
and then we're talking about July the
[3:47:42]
164
[3:47:44]
>> to July. Yeah.
[3:47:47]
So that was two two years almost 700
[3:47:53]
over 700
[3:47:57]
» days
[3:47:58]
>> and that is 191 days before you were
[3:48:01]
>> you you were there 191 days.
[3:48:07]
So during that second period there after
[3:48:10]
the one year you weren't there
[3:48:16]
for the greater portion of time you were
[3:48:18]
back in San Francisco. Is that right?
[3:48:22]
>> For what period are we talking about
[3:48:24]
right now?
[3:48:25]
>> Talking about after that one year after
[3:48:27]
you lost your mother
[3:48:30]
until you took ownership.
[3:48:34]
It sounds like the number of days that
[3:48:36]
you're stating it's 19. You said 191
[3:48:39]
days.
[3:48:40]
>> Uh 191 from 2025 to 2024.
[3:48:44]
>> Okay. So, but that period of time would
[3:48:46]
have over 700 days in it, right? Two
[3:48:49]
years.
[3:48:50]
>> Over two years.
[3:48:51]
>> We're we're looking at the difference
[3:48:52]
between
[3:48:55]
specific years, right? That the days.
[3:48:58]
>> Yeah.
[3:48:59]
>> Right.
[3:49:00]
>> Okay. So the number of days that
[3:49:03]
accumulated from
[3:49:05]
>> June 24th June 8th 2024
[3:49:09]
until when you took ownership
[3:49:12]
with from your siblings 50%.
[3:49:15]
>> Yes.
[3:49:16]
>> How many how many days in that not
[3:49:19]
cumulative from the beginning of your
[3:49:21]
chart but how many days during that
[3:49:23]
period
[3:49:25]
>> that was the roughly 191
[3:49:27]
>> 191. That's cool. But then that period
[3:49:29]
of time is over 700 days. Correct.
[3:49:33]
It's over two years
[3:49:34]
>> if we're talking about the start being
[3:49:36]
>> No, I'm talking about
[3:49:39]
uh after June 8th, 2024,
[3:49:42]
right? To the date you took ownership,
[3:49:46]
which was 2025. Excuse me. That was like
[3:49:50]
365 days, would you say? About
[3:49:53]
>> sure.
[3:49:53]
>> 24 365. So you you were there 191 days
[3:49:59]
uh during that period of time.
[3:50:01]
>> Correct.
[3:50:01]
>> Right. So that's a little bit um what
[3:50:06]
percentage would you say that is of the
[3:50:08]
per that period of time?
[3:50:11]
>> 23.
[3:50:12]
>> Twothirds of the time.
[3:50:14]
>> 2/3.
[3:50:16]
Okay.
[3:50:19]
I I don't have any other questions.
[3:50:21]
Um,
[3:50:25]
does does the assessor have any other
[3:50:28]
questions or any other
[3:50:31]
>> I just a quick follow up to the math you
[3:50:33]
were just speaking to is about
[3:50:35]
>> 52%.
[3:50:38]
>> Yes.
[3:50:39]
>> How did How did you mathematically do
[3:50:41]
that?
[3:50:42]
>> I did the 190.
[3:50:45]
>> You used 191.
[3:50:46]
>> Oh, 191. Uh, [clears throat] I did 190.
[3:50:49]
My apologies.
[3:50:50]
>> That's okay. That's close enough.
[3:50:51]
>> Um, so I just did that divided by 365.
[3:50:55]
Uh, and that comes Yeah, it still comes
[3:50:57]
out to about 52% of the year.
[3:50:59]
>> 52%.
[3:51:01]
Okay.
[3:51:02]
>> Okay. Thank you.
[3:51:05]
>> All right. Um, let's see here.
[3:51:13]
Just just a matter of clarification for
[3:51:16]
the assessor. Um then
[3:51:22]
if they file the homeowners exclusion
[3:51:27]
after one year
[3:51:31]
then am I correct um in your
[3:51:35]
understanding and I'm going to ask you
[3:51:36]
also that the rule allows the homeowners
[3:51:40]
exclusion to be um
[3:51:46]
available prospectively but is that
[3:51:48]
providing that they uh took residency
[3:51:55]
within the one year?
[3:51:56]
>> Yes, that is the requirement they have
[3:51:58]
to
[3:51:59]
>> Okay. Yeah. Okay. So, they have Okay,
[3:52:02]
got it. Okay. to add to add to that role
[3:52:05]
play. If based on the evidence the
[3:52:08]
hearing officer Cohen were to grant the
[3:52:11]
exclusion then according to prop 19 it
[3:52:14]
would be based on the date of filing
[3:52:17]
which is July 21st 2025. So
[3:52:21]
perspectively
[3:52:22]
the earliest prop 19 can be applied as
[3:52:25]
1125.
[3:52:26]
>> Okay
[3:52:28]
>> just for added clarification.
[3:52:30]
>> Okay. Okay. Well, let's see. Then it's
[3:52:33]
time for closing arguments
[3:52:36]
and the party that has the
[3:52:40]
uh burden of proof presents their
[3:52:44]
closing arguments last.
[3:52:46]
>> So, the assessor accept the burden. So,
[3:52:48]
>> Okay. So, it's time for your closing
[3:52:50]
arguments. So, it's time for you to
[3:52:53]
explain why your evidence
[3:52:56]
uh would outweigh the assessor's
[3:52:59]
evidence and make you entitled to the uh
[3:53:02]
parent child exclusion.
[3:53:18]
So in
[3:53:19]
I think in in retrospect
[3:53:22]
um we were trusting the trust attorney that
[3:53:28]
we were working with to be guiding us
[3:53:30]
and doing the right thing. So we had no
[3:53:33]
questions when those were submitted and
[3:53:35]
we were
[3:53:37]
really expecting that the prop 19 was we
[3:53:42]
were very shocked to find that it was
[3:53:46]
after it was rejected and the reason and
[3:53:50]
it was at that time the more I looked
[3:53:52]
into it I saw the need
[3:53:56]
that they just
[3:54:00]
that made any sense to even submit the
[3:54:02]
form.
[3:54:04]
Um
[3:54:12]
I feel that I
[3:54:16]
have provided evidence of my physical
[3:54:18]
presence at the Camaro home uh
[3:54:22]
throughout taking care of my mother
[3:54:24]
through natur taking care of the house.
[3:54:27]
Um, I understand that there are legal
[3:54:34]
uh
[3:54:36]
definitions
[3:54:37]
of what qualifies
[3:54:40]
and
[3:54:44]
I I guess I felt that there was
[3:54:50]
some flexibility in time to establish
[3:54:52]
those. That is the the reason for the
[3:54:55]
administrative lag. It was not made
[3:54:58]
apparent to me uh at the time when we
[3:55:01]
were having discussions with the trust
[3:55:02]
attorney about executing or working
[3:55:06]
toward Prop 19.
[3:55:08]
I would in retrospect think that those
[3:55:10]
would have come up. They did not.
[3:55:16]
So, I've done my best to to correct that
[3:55:19]
to make sure that at least at at this
[3:55:21]
point on paper that everything is square
[3:55:24]
with the county. Um but my primary
[3:55:27]
residence is I think that is
[3:55:31]
for land.
[3:55:32]
>> Okay. Assessor please.
[3:55:37]
» Um I feel like uh through this
[3:55:40]
presentation that I provided I
[3:55:43]
demonstrated that the California law
[3:55:45]
requires principal residency established
[3:55:48]
within a year of the change in
[3:55:50]
ownership. And it even provides us with
[3:55:54]
documents that we can accept to prove
[3:55:56]
this after the fact if we don't receive
[3:55:58]
a timely homeowners exemption. And just
[3:56:01]
due to none of those document, none of
[3:56:04]
the official documents being provided
[3:56:06]
and
[3:56:07]
uh documents where a legal professional
[3:56:10]
was consulted provided by the applicant
[3:56:13]
support this uh a move in date that is
[3:56:16]
too late to qualify for the exemption.
[3:56:18]
that that is what uh the assessor's
[3:56:21]
office has to use to establish uh
[3:56:24]
whether they qualify for a exclusion and
[3:56:26]
change of ownership and uh we can't
[3:56:29]
grant that with the documentation
[3:56:30]
[clears throat] provided.
[3:56:33]
>> I'll I'll add a little bit. Um I'll just
[3:56:36]
speak from the two annotations that we
[3:56:39]
that are in our presentation that deal
[3:56:41]
with principal residents. Um, I'll
[3:56:45]
reiterate it's a it states it's a
[3:56:47]
question of fact. It's a person's true
[3:56:49]
fixed permanent home and principal
[3:56:52]
establishment which he or she whenever
[3:56:54]
absent intends to return. Um, so
[3:56:58]
it also states the documents we've
[3:57:01]
already mentioned uh vehicle
[3:57:03]
registration, voter registration, bank
[3:57:05]
accounts, state income tax filings
[3:57:08]
um and driver's license.
[3:57:10]
uh in reviewing the flight
[3:57:16]
pattern that's not necessarily part of
[3:57:18]
the documentation, but um it does
[3:57:20]
contain both residences, San Francisco
[3:57:22]
and Camaro. We find that um not
[3:57:25]
definitive proof. He did habitually
[3:57:28]
returning to a San Francisco address. Uh
[3:57:32]
the bank accounts that we also found
[3:57:34]
were not definitive as well because you
[3:57:35]
do see both locations showing up. Camrio
[3:57:39]
and San Francisco are on the bank
[3:57:41]
accounts as well. So we did not find
[3:57:43]
that as definitive proof. The one thing
[3:57:45]
we saw that was definitive in our book
[3:57:48]
was the uh state income tax filings
[3:57:51]
where 23 and 24 both reported San
[3:57:54]
Francisco as the primary residence
[3:57:56]
county and then 25 is the first year we
[3:57:59]
see Ventur County show up. Also, the
[3:58:02]
typical
[3:58:05]
um the typical measures people take when
[3:58:08]
changing primary residences appear to
[3:58:10]
all have occurred at 2025 as far as
[3:58:13]
changing mailing addresses, notifying
[3:58:17]
your place of work, bank account, any
[3:58:19]
all those other normal items that people
[3:58:22]
update their
[3:58:24]
uh primary residence. Based on the
[3:58:26]
testimony today, it sounded like all
[3:58:28]
that began occurring in 2025 and is
[3:58:31]
still occurring today. So, based on the
[3:58:34]
totality of evidence, we didn't have
[3:58:36]
enough evidence to show primary
[3:58:37]
residence uh within one year of the
[3:58:40]
changing.
[3:58:42]
Thank you.
[3:58:43]
>> Okay, good. [clears throat]
[3:58:45]
And that's going to close this case and
[3:58:49]
um I can give you a decision now. Um it you know it was very both parties
[3:58:57]
presented uh very good cases and it is
[3:59:00]
not an easy decision but as the property
[3:59:04]
tax rules and the annotations state it's
[3:59:07]
a factual determination on I'm the
[3:59:09]
finder of fact here. Um and one thing I
[3:59:14]
do want to say is that um the
[3:59:19]
my understanding is is that
[3:59:22]
uh once the exclusion is granted if it
[3:59:26]
is granted based upon the uh residency
[3:59:31]
or the homeowner's exclusion
[3:59:33]
uh then if um if there's a change in
[3:59:37]
that where the child who received the
[3:59:41]
exclusion no longer is staying or living
[3:59:45]
at the family home as their principal
[3:59:50]
residence then at that time the
[3:59:52]
exclusion can be removed and should be
[3:59:55]
by law. So it has to be the uh physical
[3:59:59]
place of residence during the whole time
[4:00:01]
that the exclusion is granted. But as
[4:00:05]
far as granting the exclusion, um I
[4:00:09]
believe that the homeowners exclusion
[4:00:12]
should be granted.
[4:00:14]
Uh I mean the uh parent child exclusion
[4:00:17]
should be granted and that's based on
[4:00:19]
the physical president presence evidence
[4:00:22]
that's been u presented today by the
[4:00:26]
applicant.
[4:00:27]
um and and moreover more the number of
[4:00:31]
days that he was in the residence within
[4:00:37]
one year of the date of death of his
[4:00:40]
mother. Um so based upon my factf
[4:00:43]
finding and the preponderance of the
[4:00:46]
evidence the credibility of the
[4:00:49]
testifying applicant um just to
[4:00:52]
reiterate the exclusion shall be granted
[4:00:56]
the parent child exclusion.
[4:01:02]
» Thank you Cargus.
[4:01:04]
And so it's with that being said, um do
[4:01:09]
we still need a evaluation hearing for
[4:01:12]
the next one if if the
[4:01:15]
applicants 19 will be approved?
[4:01:17]
>> Yeah. So um
[4:01:20]
I don't believe evaluation hearing would
[4:01:22]
be necessary since we're granting it. it
[4:01:24]
would be 100% granted and therefore the
[4:01:29]
uh June 8th 2023 date would no longer
[4:01:33]
need a reassessment.
[4:01:34]
>> Okay. So we can cancel the the tovoid
[4:01:38]
having you come back in in uh October or
[4:01:42]
on the record cancel the the uh
[4:01:45]
bifurcated hearing for October 26 2026.
[4:01:49]
>> Okay.
[4:01:51]
And that's that's the end of the agenda.
[4:01:53]
>> That concludes the hearing. can journ at
[4:01:54]
any F101.
[4:01:56]
>> This hearing is now a journal
[4:01:59]
for free.