File: LVCrt-10
Superior Court of the State of California
City and County of San Francisco
Number 891863
Diane Hegarty, Plaintiff
v.
Anton LaVey and Does I through X, inclusive, Defendants
SUPPLEMENTAL ORDER AFTER TRIAL
The trial in this matter was held on August 5, 1991 in
Department 2
of the Superior Court before the Honorable Judge Ollie Marie-
Victoire.
Plaintiff was represented by Elizabeth Benford and Jane Grieco.
Satisfactory proof having been made and good cause appearing
therefore,
It is hereby ordered that defendant Anton LaVey pay to
plaintiff
Diane Hegarty the following:
1. the value of one-half interest in the jointly-owned real
property, 6114 California Street, for a total of $210,000.
2. The value of one-half interest in the jointly-owned
personal
property of the relationship and the partnership, value to be
determined by an appraisal of said property.
3. The value of one-half interest in the fair market rental
value of
the real property from March 1984 until the sale and division of
said property, or compensation for one-half of said interest, is
received by plaintiff from defendant, for a total of $47,000.
4. The value of 10% of all royalties derived from jointly-owned
business publications, payment to commence forthwith, in no event
later than August 15, 1991, for a total of $2,700 for the period
March 1989 through date of judgment, thereafter at the rate of $100
per month or $1,200 per year.
5. The value of 50% of all gross business income from March
1984
until dissolution of partnership, minus monies already paid to
plaintiff by defendant, payment to commence forthwith, in no
event
later than August 15, 1991, for a total of $71,000.
6. The cost of all moving, relocation, retraining, and medical
expenses subsequent to plaintiff's ouster from the jointly-owned
real property.
7. Attorney's fees: $30,000. Court costs: $300. Sanctions: $500.
8. Punitive damages in the amount of $175,000.
For a total money judgment of $536,500.
It is further ordered that:
9. A receiver will be appointed by the court, at defendant's
expense, to prepare an accounting and inventory of all
partnership
assets, and upon completion of such accounting a dissolution of
the
partnership will occur and all partnership assets will be divided
50-50 between the parties.
10. Partition of the jointly-owned real property will occur
within
sixty days from the date of this order, at which time defendant
must
either (1) sell the jointly-owned real property and divide the
sale
price with plaintiff and shall in addition compensate plaintiff
for
all sums herein ordered to be paid as attorney's fees, costs,
sanctions, and punitive damages, or (2) defendant will pay to
defendant one-half the fair market value of the jointly-owned
real
property.
In the event that defendant fails to comply with either
provison of
this portion of the order within sixty days from the date of this
order, defendant shall then be ousted from the residence in order
to
permit plaintiff to prepare the residence and list it for sale.
Upon
sale of the residence, the net proceeds of sale shall be divided
between the parties. From defendant's portion of the proceeds of
the
sale sale shall be deducted all sums ordered to be paid to
plaintiff
as attorney's fees, costs, sanctions, and punitive damages, and
these sums so deducted shall be paid to plaintiff.
Should defendant fail to cooperate with the prospective sale
of the
residence by failing to execute all documents necessary to list
the
residence for sale or to accept or counter-offer as to any offer
for
purchase received, any such documents shall be executed by the
clerk
of the court, upon application by the plaintiff therefore.
Dated: October 28, 1991
/s/ Ollie Marie-Victoire, Judge of the Superior Court