1 DECLARATION OF LEWIS PEDIGO SR

I, LEWIS PEDIGO SR, do hereby declare the following declaration is true and correct, signed under the
2
penalty of perjury.
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The Petitioner in Pro-Per hereby files a Motion for an Emergency Hearing for the following reasons:
4 1) To request Judge Santos to make a FINAL JUDGEMENT on the remaining RESERVED ISSUES:
a) COMMUNITY BUSINESS 24/7 CONCRETE PUMPING: DATE OF VALUATION
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b) My request that this court NOT ALLOW RESPONDENT’S DEMANDS FOR INSPECTION AND PRODUCTION
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OF DOCUMENTS anymore.
7 c) ALLOCATION OF PROCEEDS AND EQAULIZATION OF DEBT FROM SALE OF COMMUNITY ARIZON
PROPERTY.
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d) SPOUSAL SUPPORT
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COMMUNITY BUSINESS 24/7 CONCRETE PUMPING
10 2) At the September 9,2021 hearing the Respondent was ordered for the second time to find a company to do a
business valuation by September 17, 2021, she has never obeyed this order. Exhibit
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3) Since December 2020 3 years the Respondent keeps submitting an inaccurate valuation purchased online
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based on a time when 75% of our income came from HER Spanish speaking customers.
13 4) She claimed that in one of her expenses for $1500 in a loan from her sister.
5) The Petitioner paid to have a complete professional valuation done at his expense. Dane Burton’s Business
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valuation was submitted in 2021 trial.
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6) August 2,2021 MSC at Stanley Mosk the Respondent gave us her brief that was not filed in the correct time of
16 2 weeks prior. On pg. 5 she states the Community Business has a Lawsuit Default judgement of 59,000, and a
Suspension of his Contractors License. She charts out her financial demands on the next page (6) Exhibit .
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7) The Petitioner under oath in this declaration can swear he had no idea what she was talking about. .
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8) 2 weeks later, the petitioner received a letter dated August 11,2021 from the State Contractors License board
19 notifying him that there is in fact a suspended license due to a DEFAULT JUDGEMENT FOR 59,000. He
immediately called the Attorney listed in the letter and was told after invoices were mailed to 10920 Laurel
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Avenue, Whittier CA for several months a summons was personally served and served by mail in March 2020.
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The personal service of Summons case no. 30-2020-011-CU-BC-CJC was accepted by his son Lewis Jr who said
22 he was authorized to accept documents on behalf of the Community Business and also states to Gonzales that
his father, the petitioner was not home. Exhibit There is a declaration of due diligence.
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9) The Petitioner moved out of the Laurel Avenue home 16 months earlier and Lewis Jr was very much aware
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that He does not live there. Lewis Jr lied to the process server and said his father WAS NOT HOME.
25 10) The Respondent received every other mailed notice for the next 2 years and concealed it from this court and
from the Petitioner. She remains close with employees for that Plaintiff still. She could have done something
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for the COMMUNITY BUSINESS. She had a fiduciary duty to do so.
27 PLEADING TITLE - 1
 1 11) The petitioner was never informed about a lawsuit, or the invoices that were mailed prior to the summons.
12) Notice of Default May 2020, Request for Default October 2020 with declaration from Carol Gregorsen,
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Judgement of Default December 2020 and Entry of Default July 2021. Exhibits
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13) Additionally, is Exhibit court sworn testimony from Sharice Marootian Attorney for the Plaintiff dated
4 October 2021.
14) The Default was vacated by Judge Moss who acknowledges the Plaintiffs mail was withheld. Exhibit
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15) There is a trial April 17,2023.
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16) In her September 9,2021 submissions to this court, which were never seen by the Petitioner until July 2022 the
7 Respondent does not mention the Lawsuit, she had admitted knowledge of one month before. This is because
by that date she was aware that the Petitioner finally found out he had been sued and that The Respondent
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had concealed this information, BREACHING HER FIDUCIARY DUTIES
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 California  Family Code § 721 continues describing these fiduciary duties between spouses; it explicitly states
10 that the extent of these duties can be found in California   Corporations Code §§ 16403, 16404, and 16503.

11 These sections of the  Corporations Code are the  same exact  sections that govern the relationships between

business partners. Give your spouse true and full information of anything that concerns any community
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property (Family Code §721(b)(2) ).
13 17) Exhibit shows the Respondent in fact documenting a debt of 50,0000 in her FL160

14 18) Exhibit. Will show that Notice of Entry of Default was mailed July 24,2021 One week before the August
MSC.
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19) September 4, 2021, I filed a motion to vacate in Orange County and on November 12,2021 it was
16 vacated for IMPROPER SERVICE. There was a case management hearing January 16,2022 and January

17 26,2022 the Plaintiff filed a second lawsuit using their ‘Duly organized” Corporation for $38,000. In my
motion I point out the interference by the Respondent and my son and I submit the evidence from this
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trial as well. I took a 10,000.00 loan on my car for on an attorney for the case management hearing in
19 May, the same month my father died, right after her contempt hearing and the same time she was

20 ORDERED AGAIN to get a business valuation.

20) I paid $1800 for a valuation which is higher than reality because I HAD NO KNOWLEDGE AT THAT TIME, I HAD
21 A JUDGEMENT against the COMMUNITY BUSINESS, so I answered NO to that question Exhibit. My September

22 2021 trial brief mentions that lawsuit and I had thought my attorney had submitted all the exhibits I am
submitting today but he had not. My attorney has since then told me he wants nothing to do with the civil
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suit. I disagree because that lawsuit has EVERYTHING to do with the Respondents Breaches of her fiduciary
24 duties.

25 21) The Respondent continually claimed she was kept in the dark about the business, I beg to differ. She took the
business down. And went after the house.
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27 PLEADING TITLE - 2
 1 22) In November I offered the Respondent 55,000 that my parents were going to supply to end this all. Greed got
the best of her, and she counter offered for 79,000 and every other demand she has since been granted.
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Exhibit
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23) By this time, I knew why business had slowed down so much and I was barely making my bills. The notice of
4 default on CSLB had been there since January 2021 for anyone checking my license number to see and the
Respondent was working off the books for another pump company, her best friend was at another and with it
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being a small community all of my peers were led to believe I just blew off my bills and got sued. My
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reputation is this industry is ruined.
7   California  Family Code and  Corporations Code state that there are other duties that are considered part of the
fiduciary duty. Spouses must also adhere to these duties; these duties include but are not limited to the duty of loyalty,
8 and the duty of care.
 You are prevented from dealing in a manner adverse to the marriage and community (Corporations Code
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§16403(b)(2) ).
10  You are prevented from competing with your spouse or the community (Corporations Code §16403(b)(2) ).

11 24) In March we received an email from the Respondent with threats that if we didn’t let her go to Arizona, she

12 was going to get a court order to change the locks. That home was my residency on the separation and while
she has told this court I live in Rossmoor she doesn’t tell the court that I have traveled back and forth regular
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for the past 4 years, that I do work for my landlord for discounted rent and have always intended to move
14 there when this divorce was over. That’s why I got the order or protection. Which she violated anyway

15 showing up at my father’s wake in May. I had to leave so I didn’t get in trouble.

25) The Exhibits I submit today will show clear and convincing evidence the Respondent’s intentional violations of
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many family and civil codes.
17 * The final duty applicable to marriages is the duty of care. This duty is described in California  Corporations Code §
16404(c) as follows:
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Spouses are not liable to each other for mistakes made in the exercise of  honest business judgment  for losses incurred

19 in  good faith performance  of their duties whey they used  such care as an ordinary prudent person would use; conduct
that is grossly negligent or reckless, intentional misconduct, or known violation of the law with regards to the marriage
20 will result in liability due to a breach of the duty of care.
26) In her July 2022 EX-PARTE, she submits ‘exhibit e’ Exhibit.
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27) The Petitioner is informed and believes and thereon alleges that exhibit. Declaration of Carol Gregorsen
22 October 20,2020 came from notice served there as stated in the declaration of Sharice Marootian. In an

23 attempt to deceive this court to believe I incurred the debt of the lawsuit. The only way to prove differently
would be for the Respondent to show this court a July 2022 receipt from the orange County case access portal
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dated in accordance with her submission of that exhibit.
25 28) The Respondent did all this during the same timeframe my father was dying and being buried, and my mother

26 was in no condition for me to bring up asking for a check for 70,000. The Respondent wanted me to end up

27 PLEADING TITLE - 3
 1 with no home and no business to provide even myself an income and then to come after me for all the
proceeds.
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29) October 14,2022, I filed a Cross-Complaint against her and my son Lewis Jr because they are responsible for all
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the attorney’s fees and for the entire lawsuit Exhibit
4 30) Due to the actions of the Respondent the value of the Community Business 24/7 Concrete Pumping SHOULD
be determined through 2022. Worth nothing but debt. Despite her submissions of new LLC’s formed, that was
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done because I was trying to start a business that WASN’T pumping and as the financials will show due to my
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permanent limitations per Dr Edward Nomoto the need for hiring laborers as the many other costs now
7 needed, I have not been profitable and I have ended up basically broke and in debt due to living and working
off credit cards.
8
** If a breach of fiduciary duties was done with oppression, fraud, or malice (proven by clear and
9 convincing evidence under California  Civil Code § 3294) then California  Family Code § 1101(h) describes

10 an even greater punishment than simply 50% of the asset; the award will be a 100% value of the asset:
“Remedies ... [for a breach due to oppression, fraud, or malice] shall include, but not be limited to, an award to the
11 other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of
the fiduciary duty.”
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Under such a breach by your spouse, you would be entitled to the heightened value of 100% of the asset
13 (not just half). To be entitled to the entire value of the asset, your spouse’s breach of her fiduciary duties
must be connected to one of the following:
14 1. Oppression -      Despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of
that person's rights (California  Civil Code § 3294(c)(2) ).
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2. Fraud -        Intentional misrepresentation, deceit, or concealment of a material fact known with the intention of

16 thereby depriving a person of property or legal rights or otherwise causing injury (California  Civil Code § 3294(c)(3) ).
3. Malice -          Intended to cause injury or despicable conduct with a willful and conscious disregard of the rights or
17 safety of others (California  Civil Code § 3294(c)(1) ).
Under California  Civil Code § 3294, there may even be an opportunity to obtain additional damages “by way of
18 punishing the [breaching spouse].”

19
SPOUSAL SUPPORT
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31) The Respondent has always worked. She worked this year with the same company as my son at Dodger
21 stadium. Through our marriage she worked for multiple concrete pump companies and with those

22 relationships she was the catalyst in starting the Community Business. She also speaks Spanish. 75% of our
business was her Spanish speaking, customers and the financials Sales by Customer will show the decline since
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2018 and the people who stayed with me.
24 32) The Respondent should have been feeding the community business so it would show a profit instead of

25 stealing mail and wasting this courts time and money.

33) The Petitioner is informed , believes and thereon alleges, the Respondent worked all last year under the
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books for Service Pump concrete company.
27 PLEADING TITLE - 4
 1 34) The respondent lives for free
35) . Prior to the purchase of that home for over 15 years the rent has been $900. She has both my sons paying all
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of her bills, she was getting over 2000 monthly in disability ( which has liens against her now Exhibit
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36) She has gone Pro-Per with fee waivers this entire time. She has spent no money of her own on anything. Even
4 the retainer for her new attorney came out of the sale proceeds.
37) My rent is nowhere near $900 a moth. I do work for my landlord for occasional discounts. I am not living what
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she claims is a LAVISH lifestyle. I am behind on everything down to my trash bill. I have CARES assistance for
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my utilities.
7 38) The Respondent was cleared for light duty in May 2021 Exhibit
39) She submitted medical papers that state she had acupuncture. She leaves out surgery documentation.
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40) The respondent as of December 2022 has a status case for her alleged Worker Comp case. Susan Kret who I
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spoke to a year ago says there is no WC case and will attest to that. Exhibit
10 41) There are many jobs she can get. She pays no rent and has no car payment. She has government health
insurance. the same day. Exhibit. Shows her date of injury is the SAME date I filed for separation. I don’t
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think that’s a coincidence
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42) I have had to self-pay since separation because she cut me off against the orders on the back of the separation
13 papers. Exhibit
43) I am submitting my bank statements today to show the court how financially ruined I am. How desperately I
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need the funds in this escrow.
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44) Now the Respondent hiring an attorney to request financials that she has already subpoenaed and try to drag
16 this out longer after DEMANDING this court expedite the sale of the house is pure malice and spite.
45) For the past 3 years the Respondent has taken financial advantage of me at every opportunity she’s had.
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DOMESTIC VIOLENCE
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46) I filed for separation December 13,2018 after the Respondent was arrested at our Arizona home for a
19 misdemeanor attacking me and raking my face open Exhibit

20 47) This was not the first time. The Respondent has been physically violent towards me throughout our
marriage, and I did leave her several times and always went back because of my sons. When they were
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very young, I was awarded custody.
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48) When she was released in December 2018, she begged me no to press charges. I agreed to that on the
23 condition that we would divorce peacefully, I would give her half and NO spousal. The Respondent again

24 withheld mail from Mohave County about the changed date of hearing.
49) While I did not press charges against her out of respect for my children, she used this against me and that
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is why I am submitting the police report.
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27 PLEADING TITLE - 5
 1 50) I ask this court to please take Domestic Violence into account here, it can be physical and emotional and,

2 in this case, financial.

RESERVED ISSUES: PROCCEEDS FROM SALE OF COMMUNITY AZ HOME: ALLOCATION AND DIVISION OF
3
DEBT
4 51) At the September 9,2021 hearing she was ordered to assume the encumbrance of the Wells Fargo loan
5 for the Camaro. I have paid for it the whole time and insurance until she removed it by calling Geico
without informing me which is a violation on the orders that were in effect on the separation papers.
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52) After the hearing my attorney told me to have the monthly car statement address changed to her laurel
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home through Wells Fargo. Exhibit (. )
8 53)

9 54) The Respondent was ordered to produce a company for a valuation 3 TIMES. She has over 1100
documents from chase (exhibit. ) SINCE APRIL 2021 and she never tried to obey the court order. The
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business value could have been determined as far back as April 2021, but She just kept gunning for the
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sale of the home I was planning to live in as soon as this was over.
12 55) On 12/21/2026 : I received a letter from Wells Fargo the Camaro was out for Repossession. 90 days past

13 due is not August as she claims (exhibit ) I had to make payment plans of over 800 for the next 4
months to take REPO off my credit report but CHARGED OFF – PAID will remain until 2027. On 9/9/21
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Exhibit Those 4 payments could have helped me keep the mortgage current.
15 56) The Respondent if anyone should be found in contempt for that.
16 57) The Respondent claimed not to know what the word ‘ encumbrance’ means when it came time for the
58) instead of making a $305 payment she let it go to Default. That is just another example of her spiteful
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continuous financial attacks on me. I still had to surrender the title to her in April. She did not have to
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pay me half of the value when I needed money like I had to pay her for the boat proceeds in June.
19 59) The Respondent should be held responsible for the intentional financial damages she has caused me. My

20 credit score is damaged for the next 4 years because of her. It’s hard to put a price on that kind of
damage.
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60) In April and in July this year she took up the courts time showing missed mortgage payments and still
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kept asking for more money from me instead of letting me pay the mortgage. The $900 she filed a
23 contempt motion against me could have been the June mortgage payment.

24 61) I did not get the full amount of time I was given to pay her the half of the appraised value. I was given no
choice but to sell the house per her late served Ex-Parte. My father died in May; he was not buried until
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mid-June. My parents and I were in the process of preparing the funds to pay her when he got sick. Even
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27 PLEADING TITLE - 6
 1 with an order of protection the Respondent still went to the wake. I haven yet been able to mourn the

2 loss of my dad.
62) After demanding an ORDER, the Arizona home listed 395K, 1 month later she dropped the price to 375k!
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I had to agree because she had “an order of control” and the real estate agent was biased enough that
4 AZRE has accepted my complaint regarding her Ethics. Somehow the house ended up being sold for $350
5 and I was told to say nothing and sign the papers. 45,000 less that the trouble she put this court through
to be ordered. She should be sanctioned for demanding the $395k
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63) While the house was listed, she and the real estate agent made me cancel 2 Airbnb reservations and
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forbid me to rent it out costing me thousands of dollars. One reservation request was over 20k- with that
8 I could have given her as much if not more than she will end up with at the end of this. And kept my

9 home. exhibit(. )
64) She went to AZ after the sale and took all the furniture and sold it. I told her to give the money to our
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sons, but I have confirmed with one of my sons they received no money. She came home with no
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furniture either.
12 65) October 4, 2022, we had the hearing for reserved issues and the house was going to escrow that day. I

13 don’t know why my attorney did not immediately request a date for you to end this. When I asked why I
didn’t get much of an answer.
14
66) October 30,2022 the funds from the sale of the house were deposited into Dennis Sanchez escrow
15 account.
16 REQUEST FOR THIS COURT TO STOP RESPONDENT’S DEMAND FOR DOCUMENTS
67) When she was emailed this past November about the court ordered responsibility to provide a name of
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the company to do the business valuation, she tried sending us the old valuation from 2020. When she
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was questioned on it, she emailed that she was having a “hard time” finding business appraiser and
19 behind our backs she interviewed and retained a lawyer. exhibit ( )

20 68) Now, when we are this close to ending this, The Respondent has hired an attorney and I am receiving
demands for identification and inspection of documents. After the filed Judgement and months after she
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ordered responsible for a valuation.
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69) The Respondent does not deserve any more time to ask for documents to drain my life.
23 70) The Respondent was ordered to produce a company for a valuation 3 TIMES. She has over 1100

24 documents from chase SINCE APRIL 2021 and she never tried to obey the court order. The business
value could have been determined as far back as April 2021, but She just kept gunning for the sale of the
25
home I was planning to live in as soon as this was over. And gutting the business by withholding, mailed
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27 PLEADING TITLE - 7
 1 invoices from 2019-2020 then concealing court documents containing a lawsuit. She knew exactly what

2 she was doing for a long time.

71) I would like the court to know that in October 2021 I offered the Respondent a 55,000 cash buyout
3
based on listing it at $325,000.00. She declined the offer and asked for 79,000. The house sold for
4 350,000 by her decision and after all the commissions and everything else it seems to be only an
5 additional 2000.
72) We both were given 15,000 in November from the proceeds in return I would give her new attorney the
6
drs letters that I can’t work, and the papers started by disability. I used the money to catch up on past
7
due bills, rent and car payments and was able to pay Dennis Sanchez $3500. To date I have paid him
8 about $30,000. My lawyer had to withdraw because I cannot afford to pay him anymore.

9 73) I have to move out of the home I live in January 31, I do not have money to rent another place, e and I
have no income because there is no functioning business anymore. I don’t have a credit score good
10
enough to secure a place so I will have to pay a higher security deposit. I am still off work by doctor
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orders Exhibit. I have been waiting for the allocation of proceeds since the funds were deposited in
12 October 2023. The Respondent knows this, and she is going to drag this out longer after pleading with

13 the courts that selling the home in July 2022, was an emergency. Its January 2023.
There is nothing left to give her. This past year both of my bank accounts were closed because I was
14
over drawn. Part of that 15,000 went to clearing that up too.
15 MY REQUEST FOR THESE FUNDS IS An EMERGENCY.
16 RESPONDENTS VIOLATIONS OF COURT ORDERS
1. Disobeying 2 Court orders to produce the name of a company to perform a valuation of the business.
17
2. Defamation of Credit: Disobeying a Court order to make payments to a Wells Fargo loan of $305 a
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month that was under the Petitioner’s name, intentionally letting it default, destroying his credit
19 score until 2027.

20 3. Disobeying the EX-Parte Ruling to give notice in July 2022

4. The Respondent was ordered in September to take her maiden name back. She has never provided
21
anyone with proof of legally changing her last name back to Ramirez and with all the times she has
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used my last name for her gain I ask the court to please enforce this.
23 COSTS TO DATE

24 Since 2019 the Petitioner has paid for everything out of pocket. Nothing was allowed to be held over and be
taken out of the proceeds for him. The Respondent has filed hearing after hearing for every dollar she could
25
get. Now she is expecting the mortgage payments from the deferral to be taken out of his part of the
26 proceeds which seems unfair. The Petitioner has literally gone broke trying to keep this up and pay medical
27 PLEADING TITLE - 8
 1 co-payments, deductibles on his health insurance for surgeries, the Respondents Default on the car loan and

2 more. Exhibit is a list of what he has incurred without adding in his own living costs. The Petitioner has
very serious health conditions and will be receiving disability, his application has been accepted and he is just
3
waiting for the final papers which can take possibly another 60 days. He is currently receiving CARES
4 assistance for his utilities now with the TERMINATION OF TENANCY he has to look for income-based housing.
5

10

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12

13

14
PRAYER FOR RELIEF
15

16 Wherefore, the Petitioner prays for judgement in his favor as follows:

1. The Respondents Demand for Inspection of documents this late be denied, and final
17
judgement and allocation of Proceeds be determined by this court immediately.
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2. The Respondents arrest for Domestic Violence be taken into consideration.
19 3. A portion of the proceeds from both parties be awarded to the Petitioner to settle the civil

20 suit caused by the withheld mail.

4. The petitioner be awarded proceeds from the sale of the Community Property with regards to
21
the breached cited family codes, this verified declaration and a Final Judgement to end all of this
22 be entered this day with no further wasting of this courts time and money.

23 5. And for such other and further relief as this court may deem just and proper.

24

25

26 Dated:

27 PLEADING TITLE - 9
 1

2
Lewis Pedigo Sr Petitioner
3

10

11

12

13

14
PROPOSED ORDER
15

16 IT IS HEREBY ORDERED THAT:

1) IT IS HEREBY ORDERED: The Respondents Demand for Inspection of documents this late be
17
denied, and final judgement and allocation of Proceeds be determined by this court
18
immediately.
19 2) IT IS HEREBY ORDERED: The Respondents arrest for Domestic Violence be taken into

20 consideration.

21 3) IT IS HEREBY ORDERED: A portion of the proceeds from both parties be awarded to the

22 Petitioner to settle the civil suit caused by the withheld mail.

23 4) IT IS HEREBY ORDERED: The petitioner be awarded proceeds from the sale of the Community

24 Property with regards to the breached cited family codes, this verified declaration and a Final

25 Judgement to end all of this be entered this day with no further wasting of this courts time and

26 money.

27 PLEADING TITLE - 10
 1

5
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THE FOREGOING IS
6
TRUE AND CORRECT.
7

10 DATED

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12

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LEWIS PEDIGO SR
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27 PLEADING TITLE - 11