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HISTORY AND AFFIDAVIT OF VELDA M. YAMANAKA CONCERNING THE STATE OF HAWAII and the STATE OF CALIFORNIA ABUSE, NEGLECT, AND FINANCIAL EXPLOITATION OF FUMIYO YAMANAKA, A 90 YEAR OLD WARD OF THE STATE OF HAWAII AND BANKRUPTCY OF FUMIYO’S $3.5 MILLION ESTATE

How it all began: Trust/ Mortgage Improprieties and Very Bad Business Mismanagement: Trust Fraud, Business Mismanagement, and Financial Exploitation: Trust/ Mortgage Impropriety, and Financial Exploitation of Yamanaka Family’s Monies and Properties: FC AA 04-01-0001, FC G 05-01-0006, G 05-01-01: The Continuing Financial Exploitation and Harassment of Fumiyo Yamanaka: Guardian Neglect, threats, abandonment and abuse: Conservator Mismanagement of the Yamanaka Estate: The Arbitrary Detention of Fumiyo Yamanaka in California: The Summary Possession of 96 Kekela Street: The Criminal Property Damage of Yamanaka Family Properties: Summary:

Fumiyo Yamanaka, 90, ward of the State of Hawaii, is arbitrarily detained in California, being deprived of constitutional and human rights of freedom, motherhood, home, all possessions, properties, and monies.

Please restore Fumiyo to her home. Please restore Fumiyo her properties. Please restore Fumiyo to the companionship and care of Fumiyo’s eldest daughter, Velda M. Yamanaka. Please audit Fumiyo’s personal monies supposedly earmarked for guardianship purposes, Fumiyo Yamanaka estate conservatorship, Fumiyo Yamanaka Trust, and Masashi Yamanaka Trust of which Fumiyo is trustee and primary beneficiary.

Mark Eisenberg, negligent, abusive conservator of the Fumiyo Yamanaka estate, Hawaii and California claimed successor trustee for the Fumiyo Yamanaka Trust, and agent for Ruth Mizuba, guardian, and Maxine Eisenberg, claimed successor trustee for the Masashi Yamanaka Trust, and also agent for Ruth Mizuba, non-residents of the State of Hawaii, Ruth Mizuba, negligent abusive guardian, The Office of the Public Guardian, Judge Hara, Judge Takase, John Carroll, Stuart Oda, and the courts of the State of the State of Hawaii, Timothy Kitagawa, Adult Protective Service and non-existent Guardian ad Litem, State of Hawaii, have manipulated and mis-administered the laws of the courts of the State of Hawaii and the State of California to violate the laws of God in Heaven under which the United States was founded; “…one nation under God indivisible with liberty and justice for all….” by being misled to confuse Mark Eisenberg and Maxine Eisenberg with Fumiyo Yamanaka.

1 1. How does one honor their father and their mother by denying our mother Fumiyo her home and all her possessions at 96 Kekela Street Hilo, Hawaii and arbitrarily detaining Fumiyo at Eden Villa, California in violation of Article 9 of the United Nations Human rights and the Bill of Rights and amendments to the Constitution of the United States; and Selling Fumiyo’s properties and bankrupting Fumiyo’s estate; with no accounting or benefit to Fumiyo, or the Fumiyo Yamanaka Estate? Fumiyo tells me she wants 3 things. Mark and Maxine Eisenberg play deaf ear and censor Fumiyo’s communications. Please hear and fulfill Fumiyo’s wishes.

a. Come home to Hilo. (Bring Fumiyo home)

b. Do not sell any properties. (return all properties and monies already refinanced and sold per HRS 560:5-423)

c. And Fumiyo wants to know where her monies are so she can come home. (Appoint a qualified auditor or comptroller as Master and conduct a comprehensive accounting of Fumiyo’s personal monies, Fumiyo Yamanaka $3.5 million conservatorship to include Fumiyo’s 4 businesses – Computer Solutions, GreenSand Internet, Kekela Properties, and Masashi and Fumiyo Yamanaka GE, Fumiyo’s 11 properties – 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B Kekela, and the 2 Trusts – the revoked Fumiyo Yamanaka Trust and the Masashi Yamanaka Trust of which Fumiyo is primary beneficiary.)

2. Mark Eisenberg, Maxine Eisenberg, Theodore Yamanaka, and Rae Yamanaka have stolen all Fumiyo’s personal monies earmarked for guardianship purposes – Fumiyo’s retirement, social security, property rental incomes, stock, distributions, other incomes such as monies from property refinances, monies from property sales etc with no accounting, by attaching their own personal names to the properties, and all monies of the $3.5 million estate of Fumiyo Yamanaka to include income from Fumiyo’s 4 businesses – Computer Solutions Hawaii, GreenSand Internet, Kekela Properties, and Masashi and Fumiyo Yamanaka GE, 11 Properties 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B Kekela, and the revoked Fumiyo Yamanaka Revocable Living Trust, and the Masashi Yamanaka Trust to which Fumiyo is trustee and primary beneficiary. Mark continues to steal all Fumiyo’s personal monies earmarked for guardianship purposes. Ruth Mizuba and her agents Mark and Maxine Eisenberg have not documented any of Fumiyo’s personal monies earmarked for guardianship purposes used for guardianship purposes.

3. Mark bears false witness against Velda claiming Property Damage and Criminal Property Damage for posting “Not for Sale” signs on the properties and “Buyers Beware” advertisement in the Tribune Herald to prevent Velda under Fumiyo’s

2 directive from standing in the way of Mark and Maxine Eisenberg’s prohibited sales of the Yamanaka family properties (per court order FC AA 04-01-0001). Someone threatened the Tribune Herald with suit and the “Buyers Beware” advertisement paid to run a month was pulled after running only one day. Velda and Fumiyo’s constitutional right to free press has been violated. (Return all properties and monies already refinanced out and sold per HRS 560:5-423)

4. Mark and Maxine bear false witness against Velda claiming to be evicting Velda under Fumiyo’s directive. Velda is Fumiyo’s companion and caregiver of choice. It appears that Velda is Fumiyo’s only advocate and guardian of Fumiyo’s properties. Fumiyo told Velda to stay at 96 Kekela and to bring Fumiyo home immediately. Velda and Fumiyo are evicted out of the Yamanaka Family home at 96 Kekela (of over 60 years) with a false claim of summary possession for the “non payment of rent” at 96 Kekela, the Yamanaka family home. 96 Kekela is not a rental property. There is no rental agreement between the Yamanakas and the Eisenbergs. The Yamanakas have never paid Eisenbergs any rent. “Summary Possession” is simply Mark and Maxine’s clever ploy to evict Fumiyo and Velda out of the Yamanaka home and attach their own personal names to the properties. Mark and Maxine leave Fumiyo and Velda homeless and penniless. Mark and Maxine gut 96 Kekela of all of Fumiyo and Yamanaka family possessions down to bare walls and bare floors. Where is the 70 years of accumulated Fumiyo and Yamanaka possessions? Please return and replace all Fumiyo and Yamanaka family properties, monies, and possessions.

5. Theodore, Mark and Maxine falsely claim their power as “successor trustees” of the Fumiyo Yamanaka and Masashi Yamanaka trusts purely on Theodore’s slander and false innuendo claims of “incompetence” of Fumiyo Yamanaka, a high functioning individual determined to have short-term memory loss from multi-infarct strokes, and 30-80% hearing loss as determined by Dr. Wong, Adult Protective Service, Hopman, MD, Fumiyo’s primary care provider and Dr. June Isono, Audiologist, and slander and false innuendo claims of “bi-polar” of Velda Yamanaka, a high functioning individual, as determined by the courts in Mark and Maxine’s claims of property damage, and criminal property damage to prevent Velda from standing in Mark and Maxine’s way of selling Fumiyo’s properties.

6. Mark Eisenberg has always coveted Fumiyo Yamanaka’s properties and monies and has always advocated the sales of the Yamanaka Family properties against Masashi and Fumiyo’s adamant objections. Ted and Maxine have refinanced Fumiyo’s properties and gutted out over a million in equity. Mark and Maxine have deliberately taken Fumiyo’s properties and have wrongfully sold them against court order and Masashi and Fumiyo’s wishes to no benefit of Fumiyo Yamanaka or the Yamanaka family estate. Mark reports Fumiyo’s $3.5 million estate to be in arrears. Mark closed the 3 cases concurrently after bankrupting Fumiyo and the Yamanaka

3 family estate and continues to steal all Fumiyo’s personal monies wrongfully held in financial institutions in California in violation of Probate Rule 107.

7. It appears that the entire “successor” trusteeship, guardianship of Fumiyo Yamanaka, conservatorship of Fumiyo Yamanaka’s estate, and all the legal shenanigans of Timothy Kitagawa, Adult Protective Service, Hawaii, Noralynne Pinao, Guardian ad litem, Ruth Mizuba, Office of Public Guardian, Hawaii, Theodore Yamanaka, Mark Eisenberg, Maxine Eisenberg, the courts of California and Hawaii especially Judge Hara, Judge Takase, their agents and their lawyers have been to bankrupt Fumiyo Yamanaka and to steal Fumiyo’s homes, monies and possessions as their own.

Who is providing guardianship, companionship, and care to Fumiyo Yamanaka, 90 year old ward of the State of Hawaii arbitrarily detained, neglected, isolated, abused and financially exploited in Eden Villa, Castro Valley, California?

February 2012 at Ted, Fumiyo’s one and only son’s funeral Mark and Maxine report bowel incontinence and old age as excuses for Fumiyo’s absence. What is the cause for Fumiyo’s bowel incontinence? Wrongful mis-medication of Alzheimer’s meds? Feeding Fumiyo foods to which she is allergic or reacts to with diarrhea – such as milk, eggs, ice cream, coffee etc? Certainly reports of bowel incontinence are reports of guardian neglect and abuse. Certainly bowel incontinence, arbitrary imprisonment, censorship, isolation and abandonment of Fumiyo in California is unconstitutional and inappropriate in the case of Fumiyo Yamanaka.

Where do we go to rectify this wrongfully imprisonment of Fumiyo in perimeter protected Eden Villa, Castro Valley California outside of the State of Hawaii? It is Fumiyo’s 14th amendment constitutional right to remain at home at 96 Kekela in the companionship and care of Velda, Fumiyo’s eldest daughter whom Fumiyo has trusted for companionship and care for over 50 years.

HRS 560:5-106 and HRS 560: 5-108 put jurisdiction and venue in the Third Circuit Court of Hilo, Hawaii because Fumiyo’s properties are all located on Kekela Street, Hilo, Hawaii 96720. Family court transferred FC AA 04-01-0001 and FC G 05-01-0006 to be heard concurrently with G 05-01-01. However, Third Circuit Court, District Court and Family Court do not accept jurisdiction over these matters.

Judge Glenn Hara, and Judge Barbara Takase favor the financial exploitation, abuse, neglect, homelessness and bankruptcy of Yamanaka, 90, ward of the State of Hawaii and her eldest daughter and companion and caregiver of choice, Velda Yamanaka, 62. Judge Hara and Judge Takase refuse to address the FC AA 04-01-0001 trust mismanagement and financial exploitation issues for which FC AA 04-01-0001-Financial Exploitation, FC G 05-01-0006-Guardianship and G 05-01-01-Conservatorship were opened to address.

Judge Hara allows Ruth Mizuba to neglect all guardian duties and responsibilities, specifically, retrieve and to provide accounting for Fumiyo’s personal monies earmarked for guardianship purposes for which FC G 05-01-0006 was opened to address, HRS 560:5-315 (a), and to stand in the way of Mark

4 and Maxine Eisenberg’s theft and sales of Fumiyo’s properties, HRS 560:5-314, and thereby grossly neglects Fumiyo Yamanaka of any care, guardianship. HRS 560:314(b)(4) - “Conserve any excess money of the ward for the ward's future needs; provided that if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward's future needs;”.

Mark continues to steal all Fumiyo’s personal monies earmarked for guardianship purposes. Dec 4, 2005.

Mark and Maxine kidnap Fumiyo to California and hold Fumiyo captive in California at Eden Villa with Ruth Mizuba’s blessings without express authorization of the courts required under HRS 560:5- 315(b).

Mark Eisenberg and Maxine Eisenberg have sold Fumiyo’s properties and possessions against court order FC AA 04-01-0001 and have deliberately bankrupted Fumiyo and Fumiyo’s $3.5 million estate. (see public record to see Mark and Maxine’s name on each of Fumiyo’s properties). Each sale has put Fumiyo about $100,000 into debt, and about $80,000 into Mark and Maxine’s pocket. The conservatorship has managed more than $5,000,000 of Fumiyo’s properties and monies. Mark Eisenberg, conservator arbitrarily refuses to make any distribution or endowment to Fumiyo. Mark reports Fumiyo’s conservatorship to be in arrears and has closed the conservatorship without providing for Fumiyo’s future needs. HRS 560:5-314(b)(4)

Ruth Mizuba, Mark Eisenberg and Maxine Eisenberg kidnapped Fumiyo to California on Dec 4, 2005 and presently hold Fumiyo captive at Eden Villa, Castro Valley without express authorization of the courts as required in HRS 560:5-315(b). Ruth and her agents Mark and Maxine Eisenberg make no reports of Fumiyo’s personal monies earmarked for guardianship purposes per HRS 560:5-317. Ruth chooses to be grossly derelict in all guardian duties and responsibilities. Ruth chooses to live in Hilo, Hawaii. Fumiyo is held captive in California. All Ruth’s unfiled guardianship reports are pure conjecture and hearsay. Ruth and her agents Mark and Maxine Eisenberg do not perform their guardian duties and responsibilities to heed Fumiyo’s specific request to come home, stop selling Fumiyo’s properties and to provide accounting of Fumiyo’s personal monies earmarked for guardianship purposes as specified in HRS 560:5-314 and HRS 560:5-315 and specifically in HRS 560:5-314(a) and HRS 560:5-418(b).

February 2012 at the funeral of Theodore Yamanaka, Fumiyo’s only son whose funeral Mark and Maxine refused to bring Fumiyo to attend, Mark and Maxine use the excuse that Fumiyo is old and has bowel incontinence. “Bowel incontinence” is not a valid justification of isolation and abandonment of Fumiyo in California because 100% of “old people” in this world do not have bowel incontinence. (How old is “old” 50+?) Un-addressed “Bowel incontinence” is an indicator of guardian neglect and abuse. HRS 346-222.

Mark and Maxine Eisenberg claimed successor trustees attach their names to 96 Kekela and falsely claim to be evicting Velda at Fumiyo’s orders. Fumiyo is alive and held captive in California by Mark and Maxine Eisenberg. Mark and Maxine evict Velda, Fumiyo’s eldest daughter and court appointed companion and caregiver with FC AA 04-01-0001 court permission to reside at 96 Kekela with

5 Fumiyo and Fumiyo’s specific orders to remain at 96 Kekela, the Yamanaka family home of over 60 years, gut 96 Kekela of all Fumiyo and all of the Yamanaka family’s possessions down to bare walls and bare floors. Theft and Financial Exploitation HRS 346-222.

Judge Takase believes that posting “NOT FOR SALE” signs on the Yamanaka family properties at Fumiyo Yamanaka, owner’s direction is criminal property damage.

Judge Takase appears predjudiced against Velda and Fumiyo and refuses to consider that 96 Kekela is not a rental property and is the Yamanaka family home of over 60+ years and issues Summary Possession orders against Velda (and not Fumiyo). Velda is Fumiyo’s court appointed companion and caregiver at 96 Kekela and appears to be Fumiyo’s only advocate lobbying the courts on Fumiyo’s behalf. FC AA 04-01-0001

Through summary possession, Judge Takase facilitates Mark and Maxine Eisenberg to steal Fumiyo and the Yamanaka family’s home against court order FC AA 04-01-0001 and steal and dispose of all Fumiyo and the Yamanaka family possessions “because Fumiyo is not here” and being held captive in Eden Villa, Castro Valley, California by Mark and Maxine Eisenberg to prevent Fumiyo’s voice from being heard.

Please remove Ruth Mizuba, Moira Chin, the Office of Public Guardian, Mark Eisenberg, and Maxine Eisenberg as guardians, conservator and trustees of Fumiyo Yamanaka and control over Fumiyo’s personal monies supposedly earmarked for guardianship purposes for abuse, neglect, kidnapping Fumiyo to California, isolation, deprivation of home, guardianship, companionship, and diligent care, human and constitutional rights, theft of all Fumiyo’s monies and possessions, bankruptcy of Fumiyo’s $3.5 million estate and gross dereliction of all guardian, conservator, and trustee duties and responsibilities.

Please restore Fumiyo to Fumiyo’s preferred companionship and care of her eldest daughter, Velda. Please appoint Velda Yamanaka as Fumiyo Yamanaka’s lifetime companion, caregiver, and guardian as Fumiyo wishes.

Please appoint a Fumiyo a qualified guardian ad litem to represent Fumiyo Yamanaka in the courts of California and Hawaii.

Please appoint to Fumiyo a qualified auditor or comptroller as master to audit Fumiyo’s personal monies, personal properties, real properties, assets, monies, conservatorship monies, trust monies etc. and provide proper accountings of this and 3 previous accounting periods per Probate Rule 29 of Fumiyo’s personal monies, 4 businesses, 11 properties, 2 trusts, personal belongings, etc.

Please rescind, void, and null the Summary Possession of 96 Kekela. Please return and restore Fumiyo to her home to 96 Kekela. Please return or replace all Fumiyo’s personal possessions, the entire contents of 96 Kekela.

Please return all Fumiyo’s personal monies – retirement, social security, property rental incomes, trust endowments, stock, etc earmarked for guardianship purposes.

6 Please return and void all sales of Fumiyo’s properties per HRS 560:5-423 and return all 11 properties to Fumiyo in an new irrevocable trust taking the properties out of Fumiyo’s personal name and the conservatorship of Fumiyo Yamanaka and out of the stolen ownership of Mark and Maxine Eisenberg as claimed successor trustees.

How it all began:

Masashi Yamanaka purchased 3 acres on what is now called Kekela Street in the 1940’s before the tsunami for $75. These were ag lots. Masashi raised papayas, 10,000+ chickens and tomatos. We also had a few cows, a few goats, some rabbits, some dogs and a pig. There was always a small backyard garden for various produce, green onions, aloe, eggplant, etc which we shared with the neighborhood, friends, and family.

In 1949 Masashi married Fumiyo Ebisuzaki, then, a nurse, and brought her to live at the then 1915 B Kilauea (96 Kekela). Fumiyo was allergic to eggs and rarely helped at the farm.

In January 1950, Velda M. Yamanaka was born, the eldest child. Theodore T. Yamanaka was born in March 1951. Maxine K. Yamanaka was born in September 1952. Fumiyo worked nights at OB at the Hilo Memorial Hospital.

When we were old enough to go to school, we were considered old enough to help out at the farm. We gathered eggs, candled and boxed the eggs, and fed the chickens and animals daily. Sometimes we pulled weeds in the garden. We lived on non-marketable eggs – stained, cracked, blood inside, no shell, three yokes, two yokes, no yokes, etc and vegetables from the garden and the periodic almost dead chickens. The occasional treats were the tasty old stew chicken, and non-marketable parts of the chicken and cows such as gizzards, heart, tongue, tripe, liver, tail, etc.

We were poor. Daddy was good at pinching pennies. Raising chicken is the most non-profitable business there is. Everything was imported. There is no way to compete with the one time imported eggs or chicken from the United States where there is only one shipping charge. We pay for all the construction materials to be shipped. We pay for the chicks to be shipped. We pay for all the feed to be shipped. Our local chicken and their food have multiple shipping charges over and above the one shipping charge for mainland eggs and chicken. Besides, chickens regularly peck on and kill the lowest in the pecking order. Daddy was a delivery man to supplement the income.

1959, When I began 4th grade, my mother Fumiyo away to Honolulu to go to school at the University. In addition to helping on the farm, I cooked, cleaned, shopped, and generally to care of the house and the family. Ted and Max did not want to help. If I wanted anything to happen, I had to do it myself.

Mom want away to school again when I was in the 6th grade and I was again asked to take care of the house and the family another year.

7 During intermediate school, Daddy suffered a stroke and depended even more on us to assist at the farm. The Dr. told him that he had to quit being a chicken farmer. The chicken house was converted to a tomato hot house. There after Daddy started to do insurance sales. Daddy became an insurance salesman at American Pacifac Life, and later, Daddy did real property management and sales at Blacksheare and Devine. Daddy eventually became a broker.

Later when I went to Manoa, Mom went to school with me at Manoa. Max also went to school with us at Manoa too. I was the cook.

The property was rezoned out of ag into residential. Eventually one by one, the chicken farm and the cow pastures became 10 rental units, counting the Yamanaka family home at 96 Kekela, the Yamanaka family estate consists of 11 properties. The 11 properties are held in ½ and ½ undivided Revocable Mirror Fumiyo Yamanaka and Masashi Yamanaka trusts.

Trust/ Mortgage Improprieties and Very Bad Business Mismanagement:

About 22 years ago, Theodore Yamanaka (Ted) and his family, wife Rae, daughter Megan, and sons Kevin and Owen moved home to Hilo from the United States.

Although Ted had a business degree, Ted had no experience or practical common sense on how to profitably manage money or a business. Ted, Marty, and Eric refinanced their homes and used the monies gutted out of equity to fund Computer Solutions Hawaii. Ted did not return 94 Kekela to the Trusts after refinance, essentially stealing 94 from Fumiyo and Masashi. Ted, Marty and Eric expected the fledgling Computer Solutions Hawaii to pay their three mortgages – I suspect more than $3,000 monthly.

Ted prided himself on running the businesses on other people’s money. The Computer Solutions business strategy was to secure the lowest bids to keep the money coming in. Ted submitted the bids. Ted did not consider the cost of goods, cost of services, cost of shipping and transport, costs of overhead, or set aside any monies for re-investment.

Computer Solutions did not clear the monthly profit required to pay the 3 mortgages. Marty Cockett, office manager, took whatever profits came into the fledgling Computer Solutions Hawaii business to pay his own mortgage, leaving Ted and Eric’s mortgages unaddressed.

Trust/ Mortgage Impropriety, and Financial Exploitation of Yamanaka Family’s Monies and Properties:

Ted re-organized Computer Solutions. Yamanaka Trust properties were refinanced and equity gutted out. Mortgages were not paid. Monies gutted out were not returned to the trusts or Fumiyo and Masashi. Properties started falling into foreclosure.

8 After the re-organization, Marty was now out of the picture. Ted appointed Fumiyo treasurer and groomed Fumiyo to sign any and all checks and documents set before her. Fumiyo’s personal monies were commingled into Computer Solutions. Ted and Eric’s mortgages and all Computer Solutions’ expenses were paid out of Fumiyo’s credit cards and personal monies. 94 Kekela still has not been returned to the trusts.

Ted did not pay any mortgages. Ted assumed that Fumiyo and Masashi would pay the entirety of the all monthly mortgage notes incurred in the refinance. Ted did not repay any monies gutted out of equity. Fumiyo paid Ted’s mortgage, Eric’s mortgage, all the monthly mortgage notes and all Computer Solutions and GreenSand Internet expenses. Fumiyo was being Financially Exploited because of Fumiyo’s love and concern for Theodore, her only son.

While Masashi was still living, Theodore, exploiting Fumiyo’s signature, and refinanced the properties claiming to be successor co-trustees. Ted gutted the equity and assumed Fumiyo pay the entirety of the now higher monthly mortgage payments.

Masashi and Fumiyo removed Ted as successor trustee. Masashi was insistent that no properties are to be sold because there was now a 80 to 90% recent mortgage on each property and a 20% capital gains tax. Any sale of any of the properties would put the trusts into unanswerable debt and result in bankruptcy of the estate.

Masashi deliberately left 88 Kekela out of the trusts. In case Ted should lose all the trust properties, including the Yamanaka family home at 96 Kekela through foreclosure for non-payment of mortgages, hopefully Fumiyo would still have a home to live in at 88 Kekela in Fumiyo’s own personal name.

After Masashi’s passing in 1999, Ted, using superceded documents, and exploiting Fumiyo’s signature, at about 3 year intervals refinanced the properties gutting out equity, disappearing the refinanced monies, and refused to pay any mortgages.

After Masashi’s passing, Fumiyo asked Velda to help with Computer Solutions and GreenSand Internet by doing data entry. Essentially, what Ted wanted was for someone to enter the bank statements into the check register. Velda found out that the Computer Solutions check book was running between $2,000 or $3,000 in the negative at any given point of time. With regular monthly income, GreenSand Internet would have pulled in a profit had it not been for computer tech Micky McGuire’s $4,000/ month salary. Ted falsely claimed Micky to be an independent contractor. Ted paid no FICA taxes.

Darnelle Avelino, the bookkeeper had no knowledge of bookkeeping. Micky, the computer tech was in charge of the accounting system. The accounting system started anew yearly. The companies were running on Fumiyo’s credit cards, personal monies and monies refinanced out of the Yamanaka family properties and commingled into Computer Solutions and Internet GreenSand. Ted refused to heed accountant Ron Dolan’s managerial accounting recommendations to turn around the business finances.

9 2001, Velda redirected all Fumiyo’s personal monies and property rental incomes home from the store, forbade Fumiyo from going to the store, and put water buckets along the drip line to prevent Ted from arbitrarily rolling into the house unsupervised and securing Fumiyo’s signatures. Fumiyo and Velda became inseparable. If you saw Velda, you saw Fumiyo and vaisa versa.

Fumiyo loves to go to school. Fumiyo and Velda attended classes in property management, real estate salesman’s classes, accounting, taxes, personal financial management, managerial accounting, carpentry, kumon and sign language.

Velda and Fumiyo paid the monthly mortgages, fixed, painted and managed the neglected property rental business from home. Properties were kept rented with responsible tenants with incomes of 3x or more than the desired rent (County Housing requirement applied to rental units). Property Rental incomes were raised to exceeded mortgages. Property rental incomes over and above the monthly mortgage notes were used to maintain properties and to pay down past due accounts. It took a year. Properties were once again bring in profit as they had under Masashi’s management.

Maxine and Mark were asked to co-sign existing mortgage refinances to lower the monthly mortgage liability taking advantage of the very low post 9/11 fixed mortgage rates. Maxine and Mark refused generously claiming to attach a second mortgage to the properties with an 8.5 compounding interest rate which they cancelled by refusing the first payment of $210 mortgage repayment claiming that they have other ideas. I was grateful for the gift.

2002 Ted again using superceded documents claiming to be co-successor trustee again refinanced the properties. Velda voided the refinance under Fumiyo’s Power of Attorney. Then began a POA battle between Ted and Velda.

Ted trumped the situation by falsely and slanderously claiming Fumiyo to be incompetent and Velda bi-polar. Lies and slander does not make Fumiyo incompetent. Ted’s lawyer, Dennis Nishimura facilitated Ted and Maxine in appointing themselves, successor trustees over the Fumiyo Yamanaka Trust and over the Masashi Yamanaka Trust based on slander and innuendo and no documented justification of incompetence.

Similarly, Mark’s lawyer, John Carroll facilitate Ted and Maxine to appoint Mark and Maxine successor trustees over the Fumiyo Yamanaka Trust and over the Masashi Yamanaka Trust based on slander and innuendo and no documented justification of incompetence.

Fumiyo has been assumed to be incompetent by slander and innuendo throughout FC AA 04-01- 0001, FC G 05-01-0006, and G 05-01-01. Dr. Yang, Adult Protective Service documents Fumiyo to be a high functioning adult with short-term memory loss. Fumiyo was made a ward of the State of Hawaii because Fumiyo is handicapped and exploited by Fumiyo’s love for and trust of her children Theodore Yamanaka and Maxine Eisenberg who are stealing Fumiyo’s properties, refinancing Fumiyo’s properties, selling Fumiyo’s properties, with no accounting and benefit to Fumiyo.

10 Mark and Maxine also deprive Fumiyo of her home and Fumiyo’s preferred companionship of Fumiyo’s eldest daughter, Velda, acupuncturist, primary care provider with 20 years of experience by holding Fumiyo captive in California since Dec 4, 2005 “visiting grandkids for the holidays”.

Mark and Maxine harass Fumiyo by the gross neglect of the properties and 96 Kekela in particular, such as putting the utilities into their own name, refusing to pay the utility bills, causing the utilities to be turned off for non-payment. 96 Kekela was without electricity for 13 months. 96 is still without hard line phone service with non-payment of an outstanding $800+ phone bill.

The courts later during Mark and Maxine’s property damage and criminal property filings to prevent Velda from posting “Not For Sale” signs and confronting all potential buyers to prevent all potential sales of Fumiyo’s properties per Fumiyo’s expressed wishes and guardianship responsibilities as stated in HRS 560:5-314(b)(2) document Velda to be a well adjusted high functioning adult.

It is wrong to steal Fumiyo’s properties, deprive Fumiyo of her home, deprive Fumiyo of companionship and care, and deprive Fumiyo of all personal and family posssessions, monies and real properties. Therefore, the State of Hawaii and all connected with these cases have defamed, mistreated, abused and financially exploited Fumiyo Yamanaka and Velda Yamanaka into bankruptcy – perhaps $1,0000,000 in debt and homelessness.

As stated in the Fumiyo Yamanaka Trust, “during the lifetime of the Settlor, the Trustee shall pay the net income and principal of the trust estate as the Settlor shall direct and, if not otherwise directed by the Settlor, the Trustee shall pay to or for the benefit of the Settlor and the Settlor’s spouse, MASASHI YAMANAKA, such portions or all of the net income and principal as the Trustee shall deem advisable.” Mark Eisenberg and Maxine Eisenberg have not and refuse to make any distribution of net income and principal to Fumiyo Yamanaka.

“So long as the Settlor shall be surviving and competent, the Trustee shall permit the Settlor to be in full, free and undisturbed possession of that real property which shall be included in the trust estate and be used as the Settlor’s residence, and the Settlor shall have the right to occupy and use that property and to receive and retain all rents and income therefrom to the fullest extent incident to the ownership thereof, without any rental or accounting therefor to the Trustee”….

Fumiyo was determined by Dr. Yang, APS doctor to be a competent high functioning individual with short-term memory loss. Fumiyo was made a ward of the State of Hawaii because of Fumiyo’s trust and unconditional mother’s love that allowed thefts and financial exploitation of Fumiyo by Fumiyo’s one and only son Theodore Yamanaka, Ted’s wife Rae Yamanaka, daughter Maxine Eisenberg and Max’s husband Mark Eisenberg depriving Fumiyo of all personal monies, properties, undisturbed possession of residence at 96 Kekela, and all personal and family possessions.

The original financial exploitation of Fumiyo Yamanaka continues un-addressed. The courts facilitate the continuing and exacerbating abuse and neglect of Fumiyo Yamanaka. Fumiyo is now imprisoned at Eden Villa, deprived of constitutional and human rights. Fumiyo has been bankrupted and

11 is probably $1,000,000 in debt by Mark and Maxine’s forbidden sales of Fumiyo’s conservatorship properties endorsed by the courts.

Dr. Kuwahara, Dr. Yang, and Dr. Hopman determined that Fumiyo has short-term memory loss/ dementia. Short-term memory loss does not mean incompetent.

Dr. Kuwahara and Dr. Yang say that Fumiyo probably has Alzheimer’s. DSM IV states that Alzheimer’s is a diagnosis of default. Dr. Hopman determined that Fumiyo’s short-term memory loss is due to multi-infarct strokes. Having had multi- infarct strokes does not mean that Fumiyo is incompetent.

Dr. Yang assesses that Fumiyo is a high functioning adult. Fumiyo Yamanaka is 90 years old and ambulatory. High functioning adult does not mean incompetent.

Based or result, Ted Yamanaka, Maxine Eisenberg and Mark Eisenberg use their slanderous claim of Fumiyo’s incompetency claimed “trusteeship” to steal and deprive Fumiyo of all property rental incomes, refinance the properties, gut the equity out of the properties, steal for themselves and deprive Fumiyo of all monies gutted out of equity, sell the properties by attaching their personal names to the properties, sell the properties and steal for themselves and deprive Fumiyo of all monies realized out of the forbidden sales of properties, and bankrupt Fumiyo and the Yamanaka family estate.

Fumiyo Yamanaka has been financially exploited because Fumiyo is incapacitated by her love and trust for her children, especially her love for her one and only son, now a quadriplegic. A Japanese mother’s love and whole hearted financial support of her one and only son, now a quadriplegic, groomed by that son to sign any and all documents is not incompetence.

Fumiyo is the victim being exploited by her children and their spouses, Theodore, Maxine and Rae and Mark because of her unconditional trust and love of her children. Unconditional love and trust of one’s children is not incompetence.

A Japanese eldest child’s wholehearted protection of her mother from financial exploitation, neglect and abuse by her siblings is not bi-polar behavior.

Please void amendments 4 and 5 to the Fumiyo and the Masashi Trusts. Please create a new irrevocable trust to hold all Fumiyo’s properties outside of the mismanagement and bogus control of Mark and Maxine Eisenberg.

The properties were again falling into foreclosure proceedings from unpaid mortgages. Ted and Max, actually Mark, Maxine’s agent arbitrarily neglected the trusts and the properties. Properties were vacant. Tenants were not paying rent. Tenants vandalized the properties. Ted had 2 of his secretaries residing in 2 of the properties without paying rent in exchange for services to Computer Solutions/ GreenSand Internet. Ted did not pay the rent/ mortgages to the trusts.

Mark and Maxine had their handiman resident in the properties without paying rent in exchange for services. Mark and Maxine did not pay rent/ mortgages to the trusts. Neither Ted, a

12 quadriplegic nor Maxine and Mark, residents of California can enter the properties and address the tenant concerns and emergencies. Neither Ted nor Maxine and Mark can established relationships with our tenants and neighbors next door like Masashi did.

Ted Yamanaka and his wife Rae and Maxine Eisenberg and her husband Marcos (Mark) continue to gut the equity out of Yamanaka family properties with no full financial accounting of all financial matters required under HRS 554-4 and HRS 560:7-303. Ted and Maxine continue to hold Fumiyo responsible for the entirety of all mortgage notes they refinanced and gutted equity from. Ted and Maxine once again steal all Fumiyo’s property rental incomes.

Ted, Rae, Maxine and Mark retain all property rental incomes including the $1100 property rental income from 84 Kekela which Masashi and Velda gave to Velda when they asked Velda home to help. Velda lived in 84 from 1995 to 1999. Velda moved to 96 Kekela at Masashi’s passing using the $1100 property rental income from 84 Kekela to pay for Fumiyo and Velda’s living expenses at 96 and to balance Fumiyo’s accounts.

Ted, Rae, Maxine, and Mark still do not provide any annual notification or accounting of trust finances, refinances or property rental incomes per HRS 554-4 and HRS 560:7-303.

To my knowledge, Ted, Rae, Maxine, and Mark claimed trustees have not yet made any distributions or endowments to Fumiyo of property rental incomes.

To my knowledge, Ted, Rae, Maxine, and Mark have not returned to Fumiyo and the trusts any monies gutted out of trust properties equities.

Ted and Rae have not yet return 94 Kekela to the trusts after refinance. (see public records)

To my knowledge, Maxine and Mark have not yet made any distributions or endowments to Fumiyo of monies realized through sales of Fumiyo’s conservatorship and trusts properties.

FC AA 04-01-0001, FC G 05-01-0006, G 05-01-01:

Velda reported the above situations to the Adult Protective Service. APS and Noralynne Pinao, Guardian ad Litem did not conduct an audit of Fumiyo’s personal monies – Fumiyo’s retirement, social security, property rental incomes – Fumiyo Yamanaka Trust, trust endowments – Masashi Yamanaka trust, stock, etc, Fumiyo’s 4 businesses – Computer Solutions, GreenSand Internet, Kekela Properties (DBA created by Ted to steal all Fumiyo’s property rental incomes), and Masashi and Fumiyo GE Fumiyo’s 11 properties – 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B Kekela, The Fumiyo Yamanaka Revocable Living Trust (Properties are held in Fumiyo Yamanaka’s personal name), and the Masashi Yamanaka Trust (now irrevocable after Masashi’s passing in 1999), Fumiyo Yamanaka primary beneficiary and trustee.

13 FC AA 04-01-0001 was opened. Fumiyo out of a mother’s love of her one and only son, now a quadriplegic, is incapacitated in standing against the financial exploitation of her children Ted and Maxine and their spouses, Rae and Mark. A Japanese mother’s love for her one and only son, now a quadriplegic does not make Fumiyo incompetent.

3 Doctors agree that Fumiyo has short-term memory loss. Short-term memory loss does not make Fumiyo incompetent.

2 Doctors say Fumiyo probably has Alzheimer’s. Probable Alzheimer’s does not make Fumiyo incompetent.

DSM IV, the mental illness diagnosis bible, says that Alzheimer’s is a diagnosis of default. Memory loss due to concussion, mental abuse, emotional trauma, surgery, stroke, heart attack, drug abuse, alcohol abuse, etc. all need to be eliminated before a diagnosis of Alzheimer’s can be made.

Dr. Hopman, Fumiyo’s primary care provider established through MRI that Fumiyo has a history of multi-infarct strokes ruling out the diagnosis of “probable Alzheimer’s”. A history of multi-infarct strokes do not make Fumiyo incompetent.

Fumiyo’s inattention is due to Fumiyo’s 30-80% hearing loss documented by Dr. June Isono, Audiologist. A 30-80% hearing loss does not make Fumiyo incompetent.

Dr. Yang documents that Fumiyo is a high functioning individual. Fumiyo has 2 master degrees.

MIT studies of memory impaired rats and Alzheimer’s individuals document that memory impaired individuals can regain memory in a positive social environment.

What positive social environments are Ruth, Mark and Maxine providing Fumiyo?

What memory building and hearing loss compensation techniques are Ruth, Mark and Maxine providing Fumiyo?

It must be remembered that Fumiyo is a Hawaii Japanese WWII survivor. Fumiyo does not talk to strangers. Fumiyo does not assert her wishes and desires. Presently, Fumiyo does not usually cause waves and stand up against injustice. Fumiyo makes do. In the WWII experience in Hawaii, all leaders, educators, community leaders, etc. were separated from their families and imprisoned in internment camps in the United States, much as Fumiyo presently is today in Eden Villa.

In 1995, when Masashi had a hemiplegic stroke and Ted became a quadriplegic, and Fumiyo was exhausted caring for both of them in her own home of 96 Kekela, and the family property rental business, which Fumiyo knew nothing of as Masashi had single-handled all the family finances. Fumiyo went to Honolulu and specifically asked Velda to move home and help. Velda feels like Fumiyo’s lone advocate.

Velda is an educator, carpenter, massage therapist, and acupuncturist. An acupuncturist is a primary health care provider. Velda is trained in and has taught first aid, CPR, and water safety. Fumiyo

14 has relied on Velda for over 50 years. Velda is Fumiyo’s companion, guardian, caregiver, trustee, and conservator of choice. Velda is unmarried and has no family of her own to distract Velda from Fumiyo’s care and companionship. Velda wants to spend Fumiyo’s remaining years together with her mother Fumiyo at their home at 96 Kekela.

Velda was appointed Fumiyo’s temporary guardian and Mark Fumiyo’s temporary conservator. Why were Mark and Maxine was not required to move to Hawaii per HRS 521?

In order to be appointed conservator over Fumiyo’s estate before Velda, Fumiyo’s eldest daughter, Mark took all Fumiyo’s personal monies, specifically Fumiyo’s retirement and social security from Fumiyo and Velda’s personal accounts. Mark documents in his conservator reports taking Fumiyo’s retirement and social in entirety and commingling Fumiyo’s personal monies supposedly earmarked for guardianship purposes in non-guardianship accounts in California in violation of Probate Rule 107.

Mark took all the monies and shut down all Fumiyo and Velda’s personal accounts with causing all outstanding checks to bounce, incurring bank and merchant fees. Mark then in secret exparte documents pointed out to APS, the Guardian ad Litem, and Ruth Mizuba and the courts that Velda and Fumiyo have bad credit. Mark failed to mention that Mark’s theft of all Fumiyo’s personal monies earmarked for guardianship purposes is the cause of Velda and Fumiyo’s “bad credit” in addition to the financial exploitation of Fumiyo by claimed “successor trustees” Theodore (Ted), Maxine (Max), and later Mark (Marcos). Velda was unable to account for monies stolen by Mark Eisenberg.

Please return to Fumiyo all Fumiyo’s personal monies – retirement, social security, property rental incomes, trust endowments, stock, etc. and use Fumiyo’s personal monies FIRST for guardianship purposes per HRS 560:5-314(b)(4).

Therefore, Ruth Mizuba was appointed guardian over Fumiyo. Ruth refused to perform any and all guardianship duties and responsibilities. Ruth told me, Velda that I was to do all the work and she, Ruth would do the paperwork. In Ruth’s incomplete unfiled reports, Ruth never accounts for any guardianship monies or the degree of Fumiyo’s participation in decision making. Fumiyo’s wishes and desires are not heeded HRS 560:5-314 (a). Ruth refused to retrieve Fumiyo’s personal monies earmarked for guardianship purposes back to the guardianship per HRS 560:315(a). Ruth told me, “Quit leaching off your mother. Go get a job.” I told Ruth, “I have a job. I care for my mother. Pay me.”

Ruth threatened to separate Fumiyo from Velda for standing in the way of sales of properties. FC AA 04-01-0001 prohibits Velda in standing in the way of Mark’s management of the properties. Velda therefore did not retrieve back 84 Kekela property rental incomes. FC AA 04-01-0001 prohibits Mark and Maxine from selling any properties. Velda stood in the way of Mark and Maxine’s prohibited sales of properties.

Ruth’s threats as Mark’s agent are out of line for a guardian. It is actually Ruth’s guardianship duty and responsibility to protect Fumiyo’s property and stand in the way of Mark and Maxine’s illegal sales per HRS 560:5-314(b)(2) in performance of Ruth’s guardianship duties and responsibilities.

15 Ruth, Maxine, and Mark’s kidnapping of Fumiyo in fulfillment of Ruth’s threats deprives Fumiyo of her home at 96 Kekela, deprives Fumiyo of Velda’s court approved companionship, care, and guardianship. Hence Ruth, Maxine, and Mark Abuse and Guardianship neglect Fumiyo per HRS 346-222 by kidnapping and arbitrarily detaining Fumiyo in California.

Mark and Maxine’s bogus “summary possession” for non-payment of rent at 96 Kekela the Yamanaka family home, the theft of 96 Kekela and the subsequent gutting of 96 down to bare walls and bare floors and the disposal of all 65+ years of accumulated Fumiyo and Yamanaka family possessions is grand theft, criminal property damage, and financial exploitation HRS 346-222.

Ruth and her agents Mark and Maxine refuse to heed Fumiyo’s wishes to come home, not sell the properties, or providing accounting for finances in violation of HRS 560:5-314 (a) and HRS 560:5- 418(b). The appointment of Mark and Maxine Eisenberg of Fumiyo’s California properties and guardianship of Fumiyo while in California per HRS 560:5-106 and HRS 560:5-108 do not negate the consolidated venue and jurisdiction of the issues concerning the financial exploitation, guardianship and bankruptcy of Fumiyo Yamanaka and the Fumiyo Yamanaka Estate in the Third Circuit Court of Hawaii because Fumiyo’s 11 properties all are located on Kekela Street, Hilo, Hawaii.

Please remove Ruth, her agents Moira Chin, Mark, and Maxine Eisenberg, and all her assistant attorney general lawyers as guardians of Fumiyo Yamanaka for gross dereliction of all guardianship duties and responsibilities. Please appoint Velda as temporary guardian of Fumiyo Yamanaka.

Judge Hara appointed Mark, resident of California, conservator of Fumiyo’s $3.5 million estate despite Mark’s bias and prejudice to sell Fumiyo’s properties and bankrupt Fumiyo’s estate. Therefore, Judge Hara deliberately appointed Mark to continue to financially exploit Fumiyo by selling Fumiyo’s properties and bankrupt Fumiyo’s $3.5 million estate.

In Fumiyo’s stead, Mark Eisenberg, conservator allows Mark and Maxine Eisenberg, claimed successor trustees to sell conservatorship properties out of the revoked, empty Fumiyo Yamanaka Revocable Living Trust with no notification, full financial accounting, receipt of monies, or annual reporting.

Mark Eisenberg, conservator allows Ruth Mizuba, guardian and Mark and Maxine Eisenberg to kidnap Fumiyo to California, depriving Fumiyo of her home at 96 Kekela, separate Fumiyo from Fumiyo’s daughter and companion of choice to prevent Velda from performing Ruth’s neglected guardian duties and responsibilities and preventing Velda from performing Mark’s neglected conservator duties, and responsibilities, stealing Fumiyo’s personal monies earmarked for guardianship purposes, thereby neglecting and financially abusing Fumiyo.

Through wrongful summary possession against VELDA, Mark and Maxine wrongfully evicted Velda, Fumiyo’s court appointed companion and caregiver out of the Yamanaka family home awaiting Fumiyo’s promised return by January 2006, and gutted 96 Kekela of all of accumulated 66 years of Fumiyo Yamanaka personal and accumulated Yamanaka family possessions down to bare walls and floors.

16 Mark and Maxine probably kept for themselves a carved Chinese chest with antique kimono fabric, a dragon chair, a Nikkomat with Telephoto, Macro, and normal lenses, antique metal furniture, probably antique dishes made in occupied Japan, etc. This is grand theft or criminal property damage of all Fumiyo’s personal and Yamanaka family possessions they chose to throw away Fumiyo’s and Yamanaka family’s possessions by having the possessions sit out in two 2 huge dump size dumpsters in the rain of Hilo. Further, Fumiyo’s wishes were blatantly disregarded.

Essentially Judge Hara appointed Mark Conservator to continue to neglect, bankrupt and to Financially Exploit Fumiyo Yamanaka through the forbidden sales of properties. (See Fumiyo’s letter and court order FC AA 04-01-0001. Please void all loans, refinances and sales of Fumiyo’s properties per HRS 560:5-423. Please return all monies and properties to Fumiyo Yamanaka.

The result: Mark reports Fumiyo’s $3.5 million estate is now in arrears documenting Mark Eisenberg, claimed successor trustee of the revoked Fumiyo Yamanaka trust and Mark Eisenberg, conservator’s mismanagement of and lack of conservation of Fumiyo’s $3.5 million estate by neglecting Fumiyo’s properties, leaving properties vacant, refinancing out equity, selling and disposing of Yamanaka family/ Fumiyo’s properties, putting Fumiyo about $100,000 unanswerable debt with each sale, emptying the Yamanaka family home at 96 Kekela down to the bare walls and floors and disposing all of Fumiyo’s personal and Yamanaka family’s 65+ years of accumulated belongings, and providing no accounting of each sale, each refinance, each business – Computer Solutions, GreenSand Internet, Kekela Properties, and Masashi and Fumiyo Yamanaka GE, each property – 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, , Kekela, and each of Fumiyo Yamanaka’s trusts – the revoked Fumiyo Yamanaka Revocable Living Trust and the now irrevocable Masashi Yamanaka trust.

Judge Hara refuses to address the trust mismanagement issues/ financial exploitation and theft of guardianship monies which were the reason FC G 05-01-0006 and G 05-01-01 were created in the first place. Judge Hara chooses to continue to arbitrarily deprive Fumiyo of her home at 96 Kekela, isolated and imprisoned in perimeter protected Eden Villa, Castro Valley, California, physically, mentally, and emotionally abused with chronic bowel incontinence.

I suspect that Fumiyo’s bowel incontinence reported by Mark Eisenberg as excuse to abandon Fumiyo in California and not bring Fumiyo home for Ted Yamanaka, Fumiyo one and only son’s funeral, is caused by medical, guardian, and care negligence and mis-medicated with Alzheimer’s meds – Fumiyo’s short-term memory loss is due to multi-infarct strokes documented by Dr. Hopman, Fumiyo’s primary care provider by MRI. Alzheimer’s meds cause Fumiyo to have bowel incontinence. When Alzheimer’s med were stopped, Fumiyo’s bowel incontinence stopped.

Mark ignorantly asserts that Fumiyo has Alzheimer’s and all old people have bowel incontinence. Fumiyo does not have Alzheimer’s. Per DSM IV, Alzheimer’s is a diagnosis of default. In order to make a diagnosis of Alzheimer’s all other causes of short-term memory loss need to be eliminated. I repeat, Fumiyo’s short-term memory loss is due to multi-infarct strokes documented by Dr. Hopman, Fumiyo’s primary care provider by MRI. It is not true that all old people in the world have bowel incontinence.

17 Ruth, Judge Hara, Stuart Oda, Mark and Maxine disregard all Velda’s reports that Fumiyo wants to come home, that Fumiyo does not want her properties sold, Fumiyo wants to know where her money is so she can come home, and that Fumiyo does not Mark and Maxine to touch any of her things because John Carroll has erroneously convinced them that Velda brainwashes Fumiyo, even despite their efforts to isolated and abandoned Fumiyo in California away from Velda.

They do not understand that by definition, short-term memory loss/ dementia means that Fumiyo or anyone with any form of short-term memory loss regardless of the cause CAN NOT REMEMBER WHAT WAS RECENTLY TOLD THEM TO REMEMBER. If someone were to try to “brainwash” someone with short-term memory loss, they would fail miserably. John Carroll, Ruth Mizuba, and Mark Eisenberg demonstrate their ignorance of short-term memory loss/ dementia by their assertions and actions. Fumiyo is abused and discriminated against by John, Ruth, and Mark’s ignorance, assertions, and lack of due diligence.

When Fumiyo says she wants to come home, Fumiyo wants to come home. When Fumiyo says she does not want her properties sold, Fumiyo does not want her properties sold. When Fumiyo says she wants to know where her monies are, Fumiyo wants to know where her monies are. Failing to address these expressed wishes and desires of Fumiyo Yamanaka is to grossly neglect guardian, conservator and trustee duties and responsibilities and abuse and financially exploit Fumiyo Yamanaka.

John Carroll is a lawyer and not a Psychiatrist. John Carroll is unqualified to make the erroneous assertions of Alzheimer’s and brainwashing that drive the courts to abuse and financially exploit Fumiyo Yamanaka. John Carroll uses his lawyership to abuse and financially exploit Fumiyo Yamanaka. It seems to me that John Carroll, Ruth Mizuba, Stuart Oda and Mark and Maxine Eisenberg are on a personal vendetta to ignore, harass, demean, abuse, neglect, financially exploit and bankrupt Fumiyo Yamanaka.

John Carroll has variously claimed to be Fumiyo’s lawyer, Mark’s lawyer, guardian ad litem, and Kokua Kanawai. Certainly John Carroll cannot be working for Fumiyo, Mark, and the courts in the same case of Fumiyo Yamanaka.

Before all this started, Coline, a friend recommended John Carroll as a lawyer for my mother Fumiyo because John lived on the Island of Hawaii. At our first meeting at the Hilo Yacht Club, even before hearing my case, John pressed me to tell him what we wanted for the properties because he has a friend on Kauai interested in investing in properties on Hawaii. I told him that the properties are worth $3.5 million and not for sale and fired him under valid Power of Attorney from Fumiyo.

All Fumiyo’s properties are located on Kekela Street in Hilo Hawaii. HRS 521 requires that owner live on the island of Hawaii (a minimum of 30 days out of the year). John has since closed his Kona office. Mark and Maxine choose to continue to live in California. John and Mark do not bother coming to the Island of Hawaii for court. Mark charges the conservatorship for transportation and lodging in Hawaii. These are inappropriate conservatorship expenses. Mark’s choice to live most of the year in California is his choice. All Hawaii transportation, communication and living expenses etc should be returned to the conservatorship.

18 Certainly John’s logs documenting actions facilitating Mark to sell Fumiyo’s properties and bankrupt Fumiyo are clear documentation that John is actually Mark’s lawyer. John has deliberately exploited and bankrupted Fumiyo’s financial and personal interests. All monies paid John out of Fumiyo’s monies should be returned to Fumiyo.

Fumiyo is a 90 year old ward of the State of Hawaii. Why does Judge Hara allow everyone in these cases to abuse, neglect, and financially exploit Fumiyo Yamanaka? Why has Judge Hara bankrupted Fumiyo Yamanaka? Mark is haole. John Carroll is haole. Ruth Mizuba is haole. Maxine is married to a haole. Is Judge Hara prejudiced to rule in favor of haole?

Judge Hara allowed Noralynne Pinao, guardian ad litem to resign and did not appoint Fumiyo any replacement guardian ad litem. How do you protect Fumiyo from secret exparte rulings, court railroading and muzzling without any legal representation.

Judge Hara refuses to address trust mismanagement and financial exploitation issues for which FC AA 04-01- 0001 and G 05-01-01 were opened to address.

Fumiyo continues to be financially exploited and is now bankrupt and probably $800,000 in unanswerable debt through the forbidden sales (FC AA 04-01-0001) of Fumiyo’s properties by Mark and Maxine Eisenberg, claimed successor trustees without prior notification and meeting of all beneficiaries to set selling price, 100% written approval of all beneficiaries, without full financial accounting of each loan, refinance, and sale out of the revoked, empty Fumiyo Yamanaka Revocable Living Trust – now held in the bankrupt $3.5 million conservatorship of Fumiyo Yamanaka’s estate.

Mark Eisenberg holds all Fumiyo’s monies in California financial institutions in violation of Probate Rule 107. Please return all Fumiyo’s monies to financial institutions in the State of Hawaii.

Judge Hara has not demanded a comprehensive accounting of the Estate of Fumiyo Yamanaka to include Fumiyo’s personal finances and an accounting of the revoked Fumiyo Yamanaka trust (the properties are now held in Fumiyo’s personal name in the conservatorship).

Judge Hara closed G 05-01-01 without making any distribution or endowment to Fumiyo Yamanaka of property rental incomes, monies secured through loans, refinances, and sales of conservatorship properties.

Judge Hara closed G 05-01-01 without returning to Fumiyo the $5 million of guardianship monies conserved by conservator to provide for Fumiyo’s future needs per HRS 560:5-314(b)(4).

Judge Hara refuses to address guardianship neglect and theft of guardianship monies by conservator issues for which FC AA 04-01-0001 and FC G 05-01-0006 were opened to address.

Fumiyo continues to be financially exploited and is now arbitrarily held captive in Eden Villa, Castro Valley California against her expressed wishes and is being isolated, neglected and abused with chronic bowel incontinence, deprived of her home at 96 Kekela, deprived of all personal belongings, and

19 deprived of 24/7 love and care of Velda, Fumiyo’s eldest daughter, Fumiyo’s companion and caregiver of choice for over 50 years. HRS 346-222.

Judge Hara appoints Stuart Oda as master. Stuart Oda is a lawyer and judge, not an auditor or comptroller or a business or bankruptcy turn-around specialist. Stuart Oda has yet to conduct a comprehensive audit of Fumiyo’s personal monies, Fumiyo’s 4 businesses, Fumiyo’s 11 properties, the Fumiyo Yamanaka trust or the Masashi Yamanaka trust of the present and 3 previous accounting periods per Probate Rule 29.

Apparently neither Judge Hara or Stuart Oda are familiar with the Probate Rules, Hawaii Revised Statutes and neither require Mark Eisenberg, conservator to comply with any of the Probate Rules, or Hawaii Revised Statutes applicable to Financial Exploitation, Guardianship, Conservatorship, or trusteeship. Stuart Oda recommends, and Judge Hara signs orders to abuse, abandon, and neglect Fumiyo in California, deprive Fumiyo of her home, deprive Fumiyo of guardianship and care, deprive Fumiyo all personal monies earmarked for guardianship purposes, sell Fumiyo’s properties and bankrupt Fumiyo’s $3.5 million estate.

Judge Hara seems to confuse Mark Eisenberg, conservator with Mark Eisenberg, claimed successor trustee.

Fumiyo Yamanaka, 90 years old, is a ward of the State of Hawaii. Judge Hara does not demand that Mark and Maxine Eisenberg move their residence to the Island of Hawaii, and abide rules, statutes, court rulings, and constitution of the State of Hawaii.

Judge Hara chooses to ignore HRS 560:5-106 and HRS 560: 5-108 which put trust mismanagement, financial exploitation, guardianship neglect, and theft of guardianship money issues into the Third Circuit Court.

Judge Hara allows Mark and Maxine to deprive Fumiyo of her home of over 93 years at 96 Kekela, (by failing to heed Fumiyo’s wishes to come home, and allowing Fumiyo to be held captive in California) deprive Fumiyo of Velda Yamanaka, her eldest daughter, companion and caregiver of choice for over 50 years, (ruling to support Ruth’s threat of guardianship neglect, and through wrongful summary possession) and gut the Yamanaka Family home of over 63 years of all Fumiyo and Yamanaka family possessions and memories (criminal property damage).

Judge Hara rules against FC AA 04-01-0001 prohibited sales of Fumiyo’s properties by Mark and Maxine Eisenberg and to bankrupt Fumiyo Yamanaka. How is bankrupting Fumiyo Yamanaka’s $3.5 million estate conserving Fumiyo’s estate with the due diligence of a trustee?

Mark and Maxine thumb their noses at all Hawaii Revised Statutes, Hawaii Probate Rules, and the Constitution of the State of Hawaii. Judge Hara did not require Mark, conservator, claimed successor trustee and guardianship agent and Maxine, claimed successor trustee and guardianship agent to move their residence to the Island of Hawaii per HRS 521 or abide by the Hawaii Revised Statutes, Hawaii Probate Rules, and the Constitution of the State of Hawaii. How can an absentee landlords and

20 companions, caregivers and guardians diligently perform their duties and responsibilities to conserve, protect, and make profitable the $3.5 million Yamanaka Estate and Property Rental business or guard, protect, and care for Fumiyo Yamanaka in her own home?

Conserve means to preserve and protect. How is bankrupting Fumiyo’s $3.5 million estate preserving and protecting Fumiyo’s $3.5 million estate? It is the trustees’ responsibilities to keep the properties rented and profitably managed. Based on results, Mark and Maxine have not performed their duties and responsibilities as conservator, guardians, and trustees to conserve Fumiyo’s properties, guard and protect Fumiyo’s properties, and keep Fumiyo’s properties rented and profitably managed. Instead Mark and Maxine have bankrupted Fumiyo and Fumiyo’s estate by the forbidden sales of Fumiyo’s properties and the disposal of all Fumiyo’s possessions. Mark reports the Fumiyo Yamanaka Estate to be in arrears.

Mark Eisenberg and Maxine Eisenberg, claimed successor trustees have sold Fumiyo’s properties out of the empty Fumiyo Yamanaka Trust against court order FC-AA 04-01-0001. Please void all sales and transfers of properties of Fumiyo Yamanaka per HRS 560:5-423 and return all 11 original properties to Fumiyo Yamanaka in a new irrevocable Trust outside the jurisdiction of Mark and Maxine Eisenberg. Please null, void and rescind order for summary possession and return and restore the entire contents of 96 Kekela. Please return Fumiyo Yamanaka to her home at 96 Kekela.

Please remove Mark Eisenberg, his agents, Yamanaka Enterprise, Ruth Mizuba, Maxine Eisenberg, Ted Yamanaka, Rae Yamanaka and all their lawyers for gross dereliction of all conservatorship duties and responsibilities. Please appoint Velda as temporary conservator of the estate of Fumiyo Yamanaka until an irrevocable trust to hold all Fumiyo’s businesses and properties can be established.

Ruth, Mark and Maxine are grossly derelict in the performance of all guardianship, conservatorship, and trust duties and responsibilities.

Theodore and Mark were already stealing all Fumiyo’s property rental incomes claiming to be co-trustees with no accountability or reporting to all beneficiaries or the courts.

HRS 560:5-314(b)(4) says that guardian is to pay conservator EXCESS GUARDIANSHIP MONIES to conserve to provide for Fumiyo’s future needs for support, care, education, health, and welfare.

Ruth Mizuba, guardian, and Moira Chin, Mark Eisenberg, and Maxine Eisenberg, Ruth’s agents do not account for any guardianship monies. Therefore, there is no documentation of guardianship payments of excess guardianship monies to conservator. There is no documentation of receipt of payments of excess guardianship monies by conservator.

Mark documents direct deposits of the ENTIRETY of Fumiyo’s retirement and social security commingled into non-guardianship accounts in California, a violation of Hawaii Probate Rule 107.

Please return to Fumiyo all Fumiyo’s personal monies – retirement, social security, property rental incomes, trust endowments, stock, etc. and use Fumiyo’s personal monies FIRST for guardianship purposes.

21 Mark, claimed successor trustee for the Fumiyo Yamanaka trust and Maxine, claimed successor trustee for the Masashi Yamanaka trust have bankrupted Fumiyo and the Fumiyo Yamanaka estate by the unauthorized sales of Fumiyo’s properties in direct contradiction to Fumiyo’s expressed wishes.

How is leaving properties vacant and depriving Fumiyo of about $1,000/ month/ property in property rental incomes and selling Fumiyo’s properties and depriving Fumiyo of about $250,000 in equity in Fumiyo best financial and fiduciary interests?

Mark, conservator reports that Fumiyo’s $3.5 million estate is now in arrears.

How has Mark conserved the $5,000,000 or so of guardianship monies that have come under Mark’s conservatorship?

Mark refused to make any distribution of that $5,000,000 of supposedly conserved monies to Fumiyo.

The Continuing Financial Exploitation and theft of all property rental incomes:

The continuing financial exploitation of Fumiyo Yamanaka and the Yamanaka estate increased and compounded to bankruptcy because Maxine and Mark turn out to be indian-givers. Mark and Maxine chose to take Fumiyo’s monies and properties and sell the properties and bankrupting Fumiyo and the Yamanaka family estate to stealing back their “investment” from Fumiyo.

G uardian Neglect, threats, abandonment and abuse:

Fumiyo has told me she wants to come home weekly since December 2005. John Carroll, Ruth Mizuba, Mark, and Maxine choose not to heed Fumiyo’s wishes claiming that I am brainwashing Fumiyo. Fumiyo has short-term memory loss. Given that Fumiyo has short-term memory loss, brain washing is impossible. HRS 560:5-314(a) and HRS 560:5-418(b) say that Ruth, Moira, Office of Public Guardian, Mark and Maxine duties and responsibilities as guardian, guardianship agents, conservator, and conservatorship agents include heeding Fumiyo’s expressed wishes and desires, not ignoring them. Refusal to heed Fumiyo’s expressed wishes and desires has resulted in guardianship and care neglect and abuse, financial negligence and exploitation, arbitrary detention in California and deprivation of home of over 60 years and all personal and family possessions is violation of Human and Constitutional rights and bankruptcy.

How is refusing to perform guardian duties and responsibilities to retrieve Fumiyo’s personal monies to Fumiyo and the guardianship per HRS 560:5-315 and making to annual accountings of

22 Fumiyo’s personal monies earmarked for guardianship purposes subject to guardian’s management and control per HRS 560:5-317 providing guardianship and care of Fumiyo Yamanaka.

How can Ruth Mizuba, Moira Chin, and the Office of the Public Guardian provide ANY guardianship and care of Fumiyo Yamanaka if Ruth chooses to continue to reside in Hawaii while choosing to abandon, isolate, abuse, and financially exploit Fumiyo Yamanaka by choosing to arbitrarily detain Fumiyo in California and incarcerate Fumiyo at Eden Villa, denying Fumiyo her home and court appointed companionship and care of her eldest daughter, Velda, companion, caregiver and guardian of choice, and NOT perform her duties to protect Fumiyo’s possessions and properties.

Fumiyo’s properties are being stolen by Mark and Maxine and sold without reporting and accounting. Note public record with all Fumiyo’s properties in Mark and Maxine’s name. Mark and Maxine have summary possessed 96 Kekela, Fumiyo’s home from Velda and have gutted the Yamanaka family home down to the bare walls and bare floors of all Fumiyo’s personal and Yamanaka family possessions accumulated over the 70 years of residence at 96 Kekela.

Ruth and Ruth’s agents have not stood in the way of Mark’s theft of all of Fumiyo’s personal monies earmarked for guardianship purposes.

Ruth endorses and facilitates Mark and Maxine to kidnap Fumiyo to California in fulfillment of Ruth’s threat to separate Velda and Fumiyo should Velda continue to stand in the way of Mark and Maxine’s prohibited sales of Yamanaka family properties against Fumiyo’s adamant wishes and court order FC AA 04-01-0001.

Ruth, Mark, and Maxine detain Fumiyo in California, isolate and censor Fumiyo’s communications, and deliberately ignore Fumiyo’s expressed wishes, and neglect all their duty and responsibilities as guardian, agents to guardian, conservator, and agents and lawyer to conservator to heed and facilitate Fumiyo’s wishes per HRS 560:5-314 (a) and HRS 560:5-418(b).

Ruth and her agents do not stand in the way of Mark and Maxine’s theft of the Yamanaka family home at 96 Kekela and the theft of all Fumiyo Yamanaka’s personal and Yamanaka family possessions at 96 Kekela.

Ruth attempted to abuse and endanger Fumiyo’s life by asking Mark to put locks on the 96 Kekela doors above the reach of Fumiyo Yamanaka. Velda refused to endanger Fumiyo in her own home. Velda remove the door locks and lost the keys. Fumiyo is now being held at perimeter protected Eden Villa. Fumiyo is not a criminal.

Fumiyo is being arbitrarily detained, abused and financially exploited out of sight and out of mind in California by Ruth, Moira, the Office of Public Guardian, Ted Yamanaka, Rae Yamanaka, Mark Eisenberg and Maxine Eisenberg and their agents and lawyers because Fumiyo is a mother who is incapacitated by her love and trust of her children, specifically Ted Yamanaka, (and his wife Rae Yamanaka) and Maxine Eisenberg,(and her husband Mark Eisenberg) who choose to financially exploit/ bankrupt, abuse/abandon/ isolate/ and neglect Fumiyo in California incarcerated at Eden Villa with

23 bowel incontinence, denying Fumiyo residence in her own home at 96 Kekela and the enjoyment of all Fumiyo’s personal possessions.

Mark, Maxine, and Eden Villa hang up on Velda. Mark, Maxine, and Eden Villa make every excuse not to allow Fumiyo to freely communicate with Velda. Mark, Maxine and Eden Villa do not allowed Fumiyo to freely skype or talk on the phone with Velda. Mark, Maxine, and Eden Villa neglects and abuse Fumiyo with chronic bowel incontinence and incarceration in California. Eden Villa’s administrator, Trish Rosner tells me that All Fumiyo’s mail is sent to Mark and Maxine Eisenberg. It is obvious based on behavior that Mark, Maxine, and Eden Villa intend to keep Fumiyo imprisoned at Eden Villa and continue to deny Fumiyo her home to 96 Kekela Street, Hilo, Hawaii and all Fumiyo’s personal possessions and Yamanaka family possessions. Mark says not to look for temporary housing for Fumiyo.

When Ruth, Maxine, and Mark kidnapped Fumiyo to California on Dec. 4, 2005 under the false pretext of “visiting grandkids for the holidays, Mark promised to pay all Fumiyo’s expenses while in California as Eisenberg family expenses. Mark steals Fumiyo’s personal monies, commingles Fumiyo’s personal monies into conservatorship and trust accounts, and misappropriates conservatorship monies to pay Eisenberg family expenses.

It would cost less for Mark and Maxine to bring Fumiyo home to Hilo. Velda is willing to be companion, caregiver and guardian to her mother, Fumiyo Yamanaka without pay at 96 Kekela, the Yamanaka family home. Court order FC AA 04-01-0001 allows Velda to reside with Fumiyo at 96 Kekela.

In his conservatorship report Mark documents he misappropriates $3,000/ month of conservatorship monies to Eden Villa. Velda asks for $1000 to $1500 a month to cover Fumiyo’s personal and household expenses. There would be $1500 over and above Fumiyo’s personal and household expenses to pay Fumiyo’s mortgage at 96 Kekela from Fumiyo’s personal retirement and social security monies (not counting property rental incomes) earmarked for guardianship purposes currently being stolen, commingled into conservatorship accounts in California in violation of Probate Rule 107.

There is an e-ticket sitting and waiting at Hawaiian Airlines because Mark and Maxine Eisenberg arbitrarily abandon Fumiyo in California, and isolate and denied Fumiyo attendance at the funeral of her only son Theodore Yamanaka February 2012 with the excuses that Fumiyo is almost 90 years old and has bowel incontinence.

Mark and Maxine chose not to put Fumiyo on the plane home to attend Megan Yamanaka’s wedding. Megan is Fumiyo’s first grandchild to get married. Fumiyo has not yet met her great-grandson Dylan because Fumiyo was not home for the funeral and not home when Megan and Dylan came to visit.

Similarly, Mark and Maxine deny Fumiyo participation in all significant family rites of passage, such as the 7th and 13th anniversary of husband Masashi’s passing, and attendance at Eleanor Nosey’s funeral. Eleanor was the cousin Fumiyo was closest to. While in Honolulu going to nursing school at

24 Queen’s, Fumiyo live with Eleanor and her family and taught Yubo, Eleanor’s brain damaged brother, then 40 years old to walk.

Conservator Mismanagement of the Yamanaka Estate:

Judge Hara refused to consider Velda’s submitted papers and reconsider his decisions.

The Arbitrary Detention of Fumiyo Yamanaka in California:

Velda has twice bought e-tickets to bring Fumiyo home. Mark and Maxine refuse to put Fumiyo on the plane and bring Fumiyo home – even for significant family rites of passage such as Megan’s wedding, the first of Fumiyo’s grandchildren to be married, and at Ted’s funeral, Fumiyo’s one and only son, now a quadriplegic.

Ruth, Mark and Maxine deny Fumiyo residence in her own home at 96 Kekela and hold Fumiyo captive against her wishes, medically abusing Fumiyo in perimeter protected Eden Villa with chronic diarrhea, guardianship neglect and abandonment. I suspect that Fumiyo is being wrongfully administered Alzheimer’s meds. Fumiyo does not have Alzheimer’s. Fumiyo’s short-term memory loss is due to multi-infarct strokes documented by MRI. Alzheimer’s meds gives Fumiyo bowel incontinence.

Bowel incontinence is not only physical abuse, but it is also mental and emotional control and abuse as well. Mark argues that bowel incontinence is just a symptom of old age. Not true. 100% of every “old person” in the world does not have bowel incontinence. Mark and Maxine are guilty of guardianship neglect for not finding out what the cause of Fumiyo’s chronic bowel incontinence is. Mark and Maxine use “bowel incontinence” as an excuse to imprison, isolate and abandon Fumiyo in California and deny Fumiyo return home to Hilo – specifically to attend the funeral of her one and only son Theodore Yamanaka this past February.

Holding Fumiyo captive in California does not negate the fact that 96 Kekela is Fumiyo’s home. Mark and Maxine Eisenberg choose to deny Fumiyo residence in her own home. This is abuse. HRS 346- 222.

The Summary Possession of 96 Kekela Street:

25 96 Kekela is the Yamanaka family home. Velda has lived at 96 Kekela all her life. 96 Kekela is not a rental unit. There is no rental agreement between Velda Yamanaka and Mark and Maxine Eisenberg at 96 Kekela Street, the Yamanaka family home. Velda has never paid Mark or Maxine Eisenberg any rent to live at 96 Kekela Street the 62+ years that Velda has lived at 96 Kekela.

Velda lives in 96 Kekela, cares for Fumiyo and the Yamanaka family and the Yamanaka family properties at Fumiyo’s specific invitation at Masashi’s passing. To my knowledge there is no rental agreement between Fumiyo and Mark and Maxine Eisenberg. Arbitrarily holding Fumiyo captive in California does not negate the fact that 96 Kekela is Fumiyo and the Yamanaka family’s home.

Mark and Maxine claim to evicting Velda out of 96 Kekela in compliance with Fumiyo’s wishes. Fumiyo told Velda to stay at 96 Kekela and to bring Fumiyo home NOW to fix everything.

Ruth, Mark and Maxine arbitrarily refuse to bring Fumiyo home to Hilo and hold Fumiyo captive in California in perimeter protected Eden Villa. Mark and Maxine censor Fumiyo’s communications with Velda. Fumiyo is not allowed communications with Velda, Fumiyo’s court appointed caregiver unless specifically facilitated and monitored by Mark Eisenberg. Fumiyo’s mail is censored by Mark and Maxine Eisenberg.

Fumiyo is neglected and abused by Mark and Maxine with chronic bowel incontinence. Mark says that all old people have bowel incontinence. Bowel incontinence is Mark and Maxine’s excuse to isolate Fumiyo in California and refuse to bring Fumiyo home because she is 90 years old.

Velda is suspects that Fumiyo is being medically abused by the wrongful medication of Alzheimer’s med. Fumiyo ‘s short-term memory loss is due to multi-infarct strokes as documented by Fumiyo’s primary care provider Dr. Hopman through MRI.

Alzheimer’s is a diagnosis of default. Fumiyo does not have Alzheimer’s. When Fumiyo was removed from Alzheimer’s meds, Bowel incontinence stopped. Alzheimer’s meds give Fumiyo bowel incontinence.

Eden Villa does not understand short-term memory loss or Alzheimer’s and assumes Fumiyo to have Alzheimer’s. I suspect Mark and Eden Villa administers Alzheimer’s meds to deliberately abuse Fumiyo with bowel incontinence. I informed Mark of Fumiyo’s bowel incontinence when mis-medicated with Alzheimer’s meds when Fumiyo was taken to California to “visit grandchildren for the holidays” in December 2005 without court order, itinerary, return ticket or guardian.

Please bring Fumiyo Yamanaka, 90 year old ward of the State of Hawaii back to her home of over 63 years at 96 Kekela Street Hilo, Hawaii.

Please restore Fumiyo to Velda, Fumiyo’s eldest daughter’s care, who has cared for Fumiyo and the Fumiyo family for over 50 years.

26 This whole mess is going on because Fumiyo is a loving mother incapacited by her unconditional love and trust in her children to standing up against the financial exploitation and abuse of her children Ted and Maxine and their spouses Rae and Marcos.

The Criminal Property Damage of Yamanaka Family Properties and Grand Theft:

Having fulfilled the rit of summary possession was AGAINST VELDA, HER PERSONAL BELONGINGS, AND ANY TENANTS SUBLET BY VELDA, served by Sherriff Robert Kualii, Marcos and Maxine refused to allow Velda admittance to the Yamanaka Family home. Judge Takase refused to hear evidence or reconsider her ruling of summary possession saying the rit has already been fulfilled.

96 Kekela is still the Yamanaka Family home. Velda left all furniture, furnishings, appliances, and household things and Yamanaka family belongings of over 63 years with the Yamanaka Family home.

Mark and Maxine had 2 huge dumpsters parked in the front yard. Mark and Maxine’s emptied the entirety of the Yamanaka family belongings accumulate for over 60+ years of life at the Yamanaka family home at 96 Kekela over the week following the memorial day weekend down to the bare walls and the bare floor.

Maxine stated that they do not recycle. Mark and Maxine choose to consider the entire contents of 96 Kekela as Velda’s personal possessions. The possessions remaining in the house were Fumiyo Yamanaka personal possessions and Yamanaka family properties. Mark allowed Velda to take away selected items he put in the carport. Mark and Maxine chose to take or trash the rest. Velda and friends were not allowed to use the dumpsters because Mark and Maxine had rented the dumpsters. Velda and friends were invited to dumpster dive. The Yamanaka family home is gutted down to bare walls and bare floors as can be attested to by Sherriff Robert Kualii and friends that came to help Velda move.

Summary:

Mark and Maxine and Theodore and Rae and their agents, courts, and lawyers, Yamanaka Enterprises, Ruth Mizuba, Stuart Oda, Judge Hara, Judge Takase, John Carroll, Jennifer Zelko, Sarah Ennor, Dennis Nishimura, APS, Office of Public Guardian, the courts of the State of Hawaii have together deliberately refused to heed Fumiyo’s wishes and desires as required by HRS 560:5-314 (a) and HRS 560:5-418(b), kidnap, censor. isolate and abandon Fumiyo in California that her voice not be heard, and have deliberately bankrupted Fumiyo and the Yamanaka family estate by guardian neglect and abuse, and mismanage of Fumiyo’s estate and trusts by secretly wrongfully selling Yamanaka family properties out of an empty trust against court orders.

Summary Possession against Velda Yamanaka was just a means to steal possession of the Yamanaka family home and to dispose of the entire contents of the Yamanaka family home, and

27 therefore criminally property damage the entire contents of 63 years of accumulated Yamanaka family life and possessions. Please void, null, and recind court order for Summary Possession 3RC-11-1-1333. Please order Mark and Maxine to return or replace the entire contents of the Yamanaka Family home.

Ruth, Moira, Mark, and Maxine have not performed any guardianship duties and responsibilities per HRS 560:5-314. Ruth, Moira, Mark, and Maxine have overstepped the powers of guardian and have kidnapped Fumiyo to California without express authorization of the court, itinerary, return ticket or guardianship, and presently arbitrarily hold Fumiyo captive out of sight and out of mind in California against Fumiyo’s expressed wishes at perimeter protected Eden Villa, Castro Valley, California without express authorization of the courts required in HRS 560:5-315 (b) and presently physically, mentally, and emotionally abuse Fumiyo with isolation, censorship, neglect, bowel incontinence and denial of constitutional and civil rights. Please return Fumiyo to Fumiyo’s home to 96 Kekela Street, Hilo, Hawaii and the companionship, care and guardianship of Velda Yamanaka, Fumiyo’s eldest daughter, and Fumiyo’s companion, caregiver and guardian of choice for over 50 years.

TRO, Property Damage, and Criminal Property damage against Velda Yamanaka was just a means to prevent Velda from protecting the Yamanaka properties as required by HRS 560:5-314 (b)(2) from sale by Mark and Maxine Eisenberg in violation of court order FC AA 04-01-0001, prevent Velda from posting NOT FOR SALE signs, and prevent Velda from informing potential buyers that the Yamanaka properties are not for sale because Fumiyo Yamanaka is adamant that the Yamanaka Family properties NOT BE SOLD. Please void all sales and transfer of ownership of Yamanaka family properties 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B Kekela to Mark and Maxine Eisenberg, claimed successor trustees per HRS 560:5-423 due to Mark and Maxine’s significant conflict between fiduciary and personal financial interests.

It has always been Mark Eisenberg’s intention to sell Fumiyo’s properties to steal back Mark and Maxine’s “second mortgage” on the properties which they canceled by refusing the first $210 per month monthly repayment. (Fumiyo and Velda never received any monies from Mark and Maxine). Fumiyo and Masashi stand adamantly against any and all sales of properties. Ted was removed as successor trustee in amendment 3 to the trusts to prevent Ted from losing the properties. Ted and Maxine slanderously claimed Fumiyo incompetent without any justification just defamatory name calling and appointed themselves as successor trustees. Ted and Maxine appointed Mark as successor trustee. Fumiyo revoked the Fumiyo Yamanaka revocable living trust. Mark stole Fumiyo’s retirement and social security to get himself appointed conservator. Judge Hara appointed Mark to continue to financially exploit Fumiyo. Mark Eisenberg and Maxine Eisenberg stole conservatorship properties by putting their names on the properties. Mark and Maxine Eisenberg sold conservatorship properties out of the empty, revoked Fumiyo Yamanaka Revocable Living Trust. Mark and Maxine Eisenberg have yet to make any distribution or endowment to Fumiyo Yamanaka, primary beneficiary of any trust monies. Mark Eisenberg, conservator has yet to make any distribution or endowment to Fumiyo Yamanaka.

Mark and Maxine have bankrupted Fumiyo and the Fumiyo Yamanaka estate by the prohibited sales (FC AA 04-01-0001) of the Yamanaka family properties. Mark and Maxine claimed successor trustees have yet to make full financial disclosure of every loan, refinance and sale of property to all

28 beneficiaries, including the conservatorship court in Fumiyo’s stead. Please create a new irrevocable trust for Fumiyo to hold all Fumiyo’s properties outside of Fumiyo’s personal name and outside of the bogus jurisdiction of Mark claimed successor trustee of the revoked Fumiyo Yamanaka revocable living trust and Maxine Eisenberg, claimed successor trustee of the Masashi Yamanaka trust and the derelict performance of all duties and responsibilities of Mark Eisenberg, conservator and Mark and Maxine Eisenberg, guardianship agents for Ruth Mizuba.

FC AA 04-01-0001 was originally created to stop the financial exploitation of Fumiyo by her son Theodore Yamanaka, his wife Rae Yamanaka, and her daughter Maxine Eisenberg and her husband Mark Eisenberg. There was no written protective services plan required by HRS 346-241. There were no 6 month compliancy hearings. Judge Hara released Noralynne Pinao, Guardian ad Litem and left Fumiyo Yamanaka without legal representation. John Carroll, Mark’s lawyer arbitrarily closed FC AA 04-01-0001. Fumiyo continues to financially exploited.

Mark Eisenberg, claimed successor trustee of the Fumiyo Yamanaka trust and Maxine Eisenberg, claimed successor trustee of the Masashi Yamanaka trust have are arbitrarily leaving the properties vacant, not earning income, depriving Fumiyo of all personal monies earmarked for guardianship purposes, depriving Fumiyo of all property rental incomes, deprive Fumiyo of her home at 96 Kekela by imprisonment in California, and taking and selling Fumiyo’s properties, deliberately bankrupted Fumiyo, and have taken 96 Kekela and gutted the Yamanaka family home of 63+ years of all accumulated family possession down to bare walls and bare floors.

Mark Eisenberg, conservator reports that he has bankrupted the originally $3.5 million Fumiyo Yamanaka estate. Mark in his conservator report reports the Fumiyo Yamanaka estate to be in arrears. Please re-open FC AA 04-01-0001. Please remove Mark Eisenberg as conservator over Fumiyo’s estate. Please void all sales and transfers of properties per HRS 560:5-423. Please retrieve all Fumiyo’s properties into a new irrevocable trust out of Fumiyo’s personal name and out of the trusteeship of Mark and Maxine Eisenberg.

FC G 05-01-0006, was originally created with the intention to retrieve Fumiyo’s personal monies earmarked for guardianship purposes back to Fumiyo Yamanaka and to be used for guardianship purposes. Ruth Mizuba and her agents Moira Chin, the Office of Public Guardian, Mark Eisenberg and Maxine Eisenberg and their lawyers fail to retrieve Fumiyo’s personal monies back to Fumiyo and the guardianship to be used for guardianship purposes. Fumiyo’s personal monies continue to be stolen by Mark and Maxine Eisenberg. HRS 346-222 theft and financial exploitation.

Ruth, Moira, Mark, and Maxine have not reported retrieval of Fumiyo’s personal monies earmarked for guardianship purposes. There is no accounting of any of Fumiyo’s personal monies earmarked for guardianship purposes in any guardianship report. Please retrieve from Ruth Mizuba and her agents, Moira Chin, Office of the Public Guardian, Mark Eisenberg, and Maxine Eisenberg and return to Fumiyo the $5 million of Fumiyo’s personal monies to date subject to guardian jurisdiction per HRS 560:5-315(b). HRS 346-222 guardian negligence and financial exploitation.

29 Fumiyo ended up in California because Ruth Mizuba acting as Mark’s agent followed through on her threat to separate Fumiyo from Velda for Velda’s standing in the way of Mark and Maxine Eisenberg’s theft and sales of Fumiyo’s properties against court order FC AA 04-01-0001.

Initially Ruth directed Velda to send Fumiyo to Hilo Adult Day Care. Fumiyo walked out, twice saying that that place is boring and all they do there is waste time.

Ruth directed Velda to imprison Fumiyo in her own home by installing bolts and locks at 96 Kekela at every door. Velda refused. Mark installed bolts and locks. Velda removed the bolts and lost the keys. There was a woman in the news who had just died in her own home because she could not get out and had burned to death.

Ruth only twice visited the house and each time spent her whole time yelling, threatening, and attempting to intimidate Velda and change Fumiyo’s adamant objection against any and all sales, and to stop standing in Mark and Maxine’s way of sales and allowing Mark and Maxine to sell the properties and bankrupting Fumiyo. It is a 96 Kekela house policy that voices are not raised in 96 Kekela. If you are angry and want to raise your voice, get out of the house, go for a walk. Voices are not raised in 96 Kekela. You will be quiet and civil in 96 Kekela.

Ruth Mizuba is inappropriate as guardian to Fumiyo. Ruth is loud, threatening and intimidating. Abuse HRS 346-222. Ruth seeks to endanger Fumiyo’s life by locking Fumiyo into her own home. Ruth does not perform her guardianship duties to retrieve and account for Fumiyo’s personal monies earmarked for guardianship purposes. HRS 560:5-315(a). Financial Exploitation HRS 346-222. Ruth does not protect Fumiyo’s properties from Mark and Maxine’s wrongful sales, instead Ruth endorses the theft and sale of Fumiyo’s monies, properties. HRS 560:5-314(b)(2). Financial Exploitation HRS 346-222. Mark and Maxine continue Ruth Mizuba’s abusive behavior toward Fumiyo out of sight and out of mind in California.

Ruth, and her agents Mark, and Maxine chose to deny Fumiyo access to her own home by arbitrary detention and imprisonment in California. Ruth and her agents chose to deny Fumiyo guardianship and care of Velda, Fumiyo’s oldest daughter, companion, guardian and court appointed companion and caregiver of choice. Velda asked Ruth to take Velda with Fumiyo to California, and stay at Mark and Maxine’s home with Fumiyo. Ruth laughed in Velda’s face.

Ruth and her assistant attorney general lawyers secretly by exparte giving no pre-notice arbitrarily closed FC G 05-01-0006. Per HRS 560: 5-106 and HRS 560:5-108, Guardianship issues are to be concurrently heard in the Third Circuit Court. Judge Hara refuses jurisdiction over FC G 05-01-0006 guardianship and FC AA 04-01-0001 financial exploitation/trust matters and refuses to hear these matters concurrently with G 05-01-01. Where do we bring these issues to court?

Mark Eisenberg, in conservator reports documents taking and depositing the entirety of Fumiyo’s retirement and social security and commingling guardianship monies into conservatorship and trust accounts in California. HRS 560:5-314(b)(4), says that conservator is to conserve all excess

30 guardianship monies to provide for Fumiyo’s future needs. And, Mark has not made and refuses to make any distribution of the $5 million of Fumiyo’s personal monies (bills submitted by Velda on Fumiyo’s behalf arbitrarily denied payment as documented in Mark’s submitted court papers) that have come under the conservatorship for conservation, Please retrieve from Mark Eisenberg, conservator, the $5 million of Fumiyo’s personal monies that have come under Mark’s conservatorship for conservation back to Fumiyo Yamanaka to be used for guardianship purposes. HRS 560:5-314(b)(4)

Mark Eisenberg, claimed successor trustee to the revoked Fumiyo Yamanaka trust and Maxine Eisenberg, claimed successor trustee to the now irrevocable Masashi Yamanaka trust have no documented distributions of property rental incomes, monies secured through loans, refinances, and sales to Fumiyo Yamanaka, the guardianship of Fumiyo Yamanaka, or the conservatorship of Fumiyo Yamanaka’s estate to the courts (conservatorship) and all beneficiaries as required in HRS 554-4 and HRS 560:7-303. Please retrieve from Mark Eisenberg, claimed successor trustee to the Fumiyo Yamanaka trust and Maxine Eisenberg, claimed successor trustee to the Masashi Yamanaka trust all property rental incomes ($1,000,000+), monies from outstanding loans to Ted, Rae, Maxine, and Mark, claimed successor trustees monies refinanced out of trust properties ($1,000,000), monthly mortgage payments ($5,000,000) and sales ($2,000,000) to the conservatorship of Fumiyo Yamanaka.

G 05-01-01 was opened to provide profitable management of Fumiyo’s 4 businesses, Computer Solutions, GreenSand Internet, Kekela Properties, and Masashi and Fumiyo Yamanaka GE, Fumiyo’s 11 properties 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B Kekela, and 2 trusts the revoked Fumiyo Yamanaka Revocable Living Trust, and the irrevocable Masashi Yamanaka trust.

Mark Eisenberg, temporary conservator, stole Fumiyo’s retirement and social security to financial institutions in California in violation of Probate Rule 107. Velda, court appointed temporary guardian was deprived of Fumiyo’s personal monies earmarked for guardianship purposes and provided care and guardianship of Fumiyo and her home on her own personal income.

Mark pointed out to the courts that Fumiyo has bad credit (caused by Ted and Maxine – failing to mention the claimed co-trusteeship of his wife) and that all Fumiyo and Velda’s accounts were over drawn (and incurring bank and merchant fees) and bouncing (cause by Mark – filing to mention Mark’s theft of guardianship monies). Velda was unable to account for monies stolen by Mark. Ruth Mizuba, Office of Public Guardian was selected to be Fumiyo’s guardian. Mark Eisenberg was selected to be the conservator of Fumiyo’s estate.

Fumiyo is adamant against the sale of any properties. Mark Eisenberg biased against Fumiyo’s adamant wishes against the sales of Fumiyo’s properties to steal back monies given Fumiyo as “second mortgages” which Mark and Maxine cancelled by refusing the initial $210 monthly payment. Fumiyo revoked her trust to prevent Mark from selling her properties.

Judge Hara appointed Mark Eisenberg conservator to continue to financially exploit Fumiyo, to steal Fumiyo’s real properties by putting Mark’s name on the properties as claimed successor trustee, to sell Fumiyo’s properties out of the empty Fumiyo Yamanaka trust (properties held by conservatorship), to sell Fumiyo’s properties against court order FC AA 04-01-0001, and to secretly bankrupt Fumiyo,

31 providing no notification and securing no prior written approval and sale price from all beneficiaries and the court (in Fumiyo Yamanaka’s stead), no full financial accounting of every loan, refinance, and sale to the court and all beneficiaries, and Mark refuses to make distribution and endowment of any monies to Fumiyo Yamanaka.

Further, Mark Eisenberg, claimed successor trustee to the Fumiyo Yamanaka trust and Maxine Eisenberg, claimed successor trustee of the Masashi Yamanaka trust deprive Fumiyo of her home at 96 Kekela and arbitrarily detain Fumiyo in California against Fumiyo’s wishes, violations of HRS 560:5- 314(a), HRS 560:5-314(b), Fumiyo’s Constitutional rights, and United Nations Human Rights. Fumiyo is presently prevented from coming home to Hilo imprisoned in perimeter protected Eden Villa without express authorization of this court. HRS 560:5-315.

Further, Mark Eisenberg, conservator steals all Fumiyo’s personal monies earmarked for guardianship purposes – retirement, social security, property rental incomes, trust endowments, stock, monies from loans, property refinance, property sales and commingle guardianship monies in conservator and trust accounts depriving Fumiyo of guardianship and care. Fumiyo, ward of the State of Hawaii’s monies are in California banks in violation of Probate Rule 107. Velda provides for Fumiyo’s care and guardianship and to address these issues in court as best she can personal funds permitting.

Every time Mark is aware that Velda has secured some employment, Mark hits on Velda to pay rent. 96 Kekela is the Yamanaka family home and the only home that Fumiyo and Velda know. There is no rental agreement between the Eisenberg’s and the Yamanaka’s. As a result of trying make pono this situation to Fumiyo’s wishes and desires, and do Ruth Mizuba’s neglected guardian duties and responsibilities Velda has lost jobs and suffered a heart attack and quadruple by-pass.

Since the wrongful summary possession of the Yamanaka family home at 96 Kekela Street, Hilo, Hawaii and disposal of about 70 years of accumulated Yamanaka family possessions down to the bare walls and bare floors, Velda is living homeless in her car. Please return or restore all Yamanaka family belongings to the Yamanaka family home. Please restore Fumiyo and Velda to the Yamanaka family home. Mark refuses to house Velda in the vacant 88 Kekela Street property.

Fumiyo told Velda to stay at 96 Kekela. Fumiyo said to bring her home now. Fumiyo said to tell Mark not to touch her things, monies or her properties. Subpoena Fumiyo home and talk to Fumiyo directly.

Mark Eisenberg, conservator has yet to provide a comprehensive audit of Fumiyo’s estate. Mark has yet to account for each of Fumiyo’s 4 businesses. Mark has yet to account for each of Fumiyo’s 11 properties. Mark has yet to account for the revoked Fumiyo Yamanaka trust (in ½ and1/2 undivided interest in Fumiyo Yamanaka’s personal name and ½ and ½ undivided interest in the now irrevocable Masashi Yamanaka trust (deceased May 16, 1999), Fumiyo Yamanaka trustee.

Based on Mark’s first conservatorship report, Mark does not know the difference between a check book log/ bank statements and Financial Statements / profit and loss, balance sheet, summary of cashflows, end balance, budget, annual report.

32 Notice that Mark Eisenberg, claimed successor trustee of the revoked Fumiyo Yamanaka has been putting his name on Fumiyo’s properties and refinancing and selling the properties with no accounting to Fumiyo Yamanaka and the courts, primary beneficiaries out of the empty Fumiyo Yamanaka trust.

Notice that Mark Eisenberg, conservator of the Fumiyo Yamanaka estate, conservator of the 11 properties in Fumiyo Yamanaka’s personal name has not accounted for any of the property rental incomes, monies refinanced out of the equity of the properties, or monies received from the sales of the properties.

Mark reports that he has bankrupted Fumiyo’s $3.5 million estate. Fumiyo is abandoned and imprisoned in Eden Villa, California. The courts of the State of Hawaii order the consolidated, guardianship, financial exploitation, and conservatorship of Fumiyo Yamanaka and Fumiyo Yamanaka’s estate closed, endorsing Ruth, Mark and Maxine’s removal from, denial and deprivation of Fumiyo’s of her own home at 96 Kekela, Hilo, Hawaii and all disposal of all Fumiyo’s personal possessions, denial of guardianship and loving diligent care of Velda, Fumiyo’s eldest daughter, and abandonment, imprisonment, neglect and abuse of Fumiyo Yamanaka at Eden Villa in California with the erroneous assumption of Alzheimer’s, deliberate neglect and medical malpractice causing chronic bowel incontinence and Mark and Maxine’s theft and bankruptcy of Fumiyo’s $3.5 million estate.

Summary

Who is providing guardianship, companionship, and care to Fumiyo Yamanaka, 90 year old ward of the State of Hawaii arbitrarily detained, neglected, isolated, abused and financially exploited in Eden Villa, Castro Valley, California? Please remove Ruth Mizuba, Moira Chin, the Office of Public Guardian, Mark Eisenberg, and Maxine Eisenberg as guardians, conservator and trustees of Fumiyo Yamanaka and control over Fumiyo’s personal monies supposedly earmarked for guardianship purposes for abuse, neglect, kidnapping Fumiyo to California, isolation, deprivation of home, guardianship, companionship, and diligent care, human and constitutional rights, theft of all Fumiyo’s monies and possessions, bankruptcy of Fumiyo’s $3.5 million estate and gross dereliction of all guardian, conservator, and trustee duties and responsibilities.

Please restore Fumiyo and Velda to the Yamanaka family home of over 63 years at 96 Kekela Street, Hilo, Hawaii 96720. Please appoint Velda Yamanaka as lifetime companion, caregiver and guardian of Fumiyo Yamanaka. Please stop all sales of Yamanaka family properties and return all 11 Yamanaka family properties to Fumiyo Yamanaka in a new irrevocable trust outside of Fumiyo Yamanaka’s personal name per HRS 560:5-423. Please return all Fumiyo’s personal monies to Fumiyo Yamanaka – specifically, Fumiyo’s retirement, social security, property rental incomes, any other incomes derived from loans, refinances and sales of Fumiyo’s properties, trust endowments, stock, etc.

Note that Fumiyo is deprived of a Guardian ad Litem to the represent Fumiyo in court and protect Fumiyo of financial exploitation by Theodore Yamanaka, Ted’s wife Rae Yamanaka, Maxine Eisenberg, and Max’s husband Mark Eisenberg.

33 Note that Judge Hara appointed Mark Eisenberg conservator to continue to financially exploit and allows Fumiyo Yamanaka to be deprived of constitutional and human rights, and all possessions and properties imprisoned at Eden Villa, Castro Valley, California.

Note that Judge Hara allow Ruth Mizuba, Mark Eisenberg and Maxine Eisenberg hold Fumiyo captive out of sight and out of mind in California without companionship, care or guardianship to neglect, abuse, and bankrupt Fumiyo.

Note that Judge Takase endorses the summary possession of 96 Kekela Yamanaka family home from Velda Yamanaka, eldest Yamanaka daughter, court appointed companion and caregiver to Fumiyo Yamanaka at 96 Kekela – and the gutting of 96 Kekela and the removal of 63+ years of ALL ACCUMULATE FUMIYO YAMANAKA PERSONAL POSSESSIONS and Yamanaka family and household properties –down to bare walls and bare floors.

Fumiyo, now 90, ward of the State of Hawaii, was kidnapped on Dec 4, 2005 under the pretext of visiting grandchildren for the holidays with only a suitcase for the “short”visit – without the requisite express authorization of the courts, itinerary, return ticket, and companionship.

It was promised that Fumiyo would return by January 2006. Fumiyo is still being held captive at Eden Villa and arbitrarily detained in California in violation of Fumiyo’s human rights despite Fumiyo’s weekly requests to come home to Hilo.

Arbitrarily holding Fumiyo captive in California is not valid justification to deny Fumiyo her human rights and constitutional rights to vote, equality, liberty and the pursuit of happiness, and to enjoy her own home and properties in Hilo Hawaii.

Arbitrarily holding Fumiyo captive in California is not valid justification to deny Fumiyo Yamanaka her home at 96 Kekela and all her possessions.

Arbitrarily holding Fumiyo Yamanaka captive in California does not entitle Mark and Maxine Eisenberg and Eden Villa to isolate Fumiyo by censoring Fumiyo’s communications and mail and to deny Fumiyo companionship and care of her eldest daughter, Velda, an acupuncturist, a primary care provider.

Arbitrarily holding Fumiyo captive in California does not entitle Mark and Maxine Eisenberg and Eden Villa to mis-medicate and abuse Fumiyo with chronic bowel incontinence.

Note that Judge Takase is prejudiced against Velda and in favor of Mark and Maxine Eisenberg. Judge Takase had previously endorsed the TRO to preventing Velda from posting “Not for Sale” signs and explaining to each potential buyer that Fumiyo Yamanaka, owner, is adamant against any and all sales of any and all of Yamanaka family properties and that the Yamanaka family properties are not for sale. Note that Judge Takase, facilitates and endorsing Mark Eisenberg, claimed successor trustee (of an empty trust) and Maxine Eisenberg, claimed successor trustees’s (without 100% written approval of all beneficiaries) theft of Fumiyo’s home, a conservatorship property and endorses the theft and financial exploitation of Fumiyo Yamanaka’s through ruling in favor of Mark Eisenberg, claimed successor trustee and Maxine Eisenberg, claimed successor trustee’s wrongful summary possession of

34 Fumiyo Yamanaka’s home, a Fumiyo Yamanaka conservatorship property and the theft or disposal of ALL Fumiyo Yamanaka and the Yamanaka family’s properties and possessions out of 96 Kekela as can be attested to by the Sherriff, Robert Kualii and all Velda’s friends that came to help Velda rescue as much of Fumiyo and the Yamanaka family possessions that Mark Eisenberg allowed Velda to rescue.

96 Kekela is the Yamanaka family home and not a rental property. Arbitrarily holding Fumiyo captive at Eden Villa does not entitle Mark Eisenberg, claimed successor trustee to the empty, revoked Fumiyo Yamanaka trust and Maxine Eisenberg, claimed successor trustee to the Masashi Yamanaka trust to steal and deprive Fumiyo and Velda of the Yamanaka family home at 96 Kekela and deprive Fumiyo and Velda of all personal and family possessions.

94 Kekela was taken by Ted and Rae by removing the property 94 from the trusts for refinance and failing to return the property to the trusts after refinance. The other 10 properties were stolen by Mark and Maxine by attaching their personal names to each the conservatorship properties claiming to be “successor trustees” of the empty Fumiyo Yamanaka Revocable Living trust while Fumiyo is alive and being arbitrarily held captive in California. Arbitrarily holding Fumiyo captive in California does not entitle Mark and Maxine to take Fumiyo’s properties.

Ted, Rae, Mark, and Maxine financially exploit Fumiyo by assuming Fumiyo to be solely responsible for all mortgage notes bearing Ted, Rae, Mark and Maxine’s name or negotiated during Ted, Maxine or Mark’s claimed “trusteeship” of the properties. To my knowledge, Fumiyo has received no monies from the property rental incomes (since the claimed “trusteeship” of Ted and Maxine or out of the refinances and monies taken from the property rental incomes and out of equity of the properties through the refinances have not been returned to Fumiyo or the trusts.

In addition, Except for the brief interlude of 2001 when Velda and Fumiyo re- established positive cashflow to the properties by taking all Fumiyo’s personal monies and all Fumiyo’s property rental incomes back home to 96 Kekela away from Ted, Mark, and Maxine; Ted, Rae, Maxine, and Mark have stolen all of Fumiyo’s personal incomes supposedly earmarked for guardianship purposes – Fumiyo’s retirement, social security, property rental incomes, other incomes for loans, property refinances, and sales, trust endowments, stocks, etc. Ted, Mark, Rae and Maxine and commingled Fumiyo’s personal monies into Computer Solutions, GreenSand Internet, Kekela Properties, Conservatorship accounts, and Masashi Yamanaka trust and Fumiyo Yamanaka trust accounts thereby depriving Fumiyo of her home, guardianship, care, and companionship in gross dereliction of all guardian, conservator, trustee duties and responsibilities.

Mark and Maxine Eisenberg have stolen Fumiyo’s properties by putting their names on all other 10 Fumiyo’s properties. 5 properties were sold by Mark and Maxine Eisenberg with no accounting or benefit to Fumiyo. 1 property is currently being mismanaged by leaving it vacant and not earning about $1000/ month property rental income. At any given point in time, there is one or two vacant properties not bring in income.

Mark and Maxine had 2 huge dumpsters and emptied 96 Kekela down to bare walls and bare floors, as can be attested to by the sherriff and all friends that came to help Velda rescue whatever family possessions that Mark Eisenberg allowed Velda to take.

35 Holding Fumiyo captive in California does not entitle Ruth, Mark or Maxine to deprive Fumiyo of her home. Holding Fumiyo captive in California does not entitle Ruth, Mark or Maxine to deprive Fumiyo of daughter Velda, Fumiyo’s companion and caregiver of choice.

Holding Fumiyo captive in California does not negate the fact that 96 Kekela is Fumiyo’s home. Holding Fumiyo captive in California does not give Mark and Maxine the right to empty Yamanaka family home of all Fumiyo’s personal possessions, and Yamanaka Family personal and household possessions of over 63+ years of life and memories. Fumiyo and Velda are now presently homeless in the street.

Holding Fumiyo captive in California does not entitle Ruth, Mark or Maxine to sell any of Fumiyo’s properties against Fumiyo’s adamant wishes, against court order FC AA 04-01-0001, without 100% written approval of all beneficiaries and the court (the court is beneficiary in Fumiyo’s stead) as the Fumiyo’s properties previously held in the revoked Fumiyo Yamanaka Revocable Living Trust are in Fumiyo’s personal name and hence in the conservatorship of the estate of Fumiyo Yamanaka.

Judge Hara recently closed G 05-01-01 (and concurrent Financial Exploitation issues originally addressed in FC AA 04-01-0001 and theft of guardianship monies originally addressed in FC G 05-01-0006 because of HRS 560:5-106 and HRS 560:5-108).

Mark and Maxine have bankrupted Fumiyo’s estate by the sales of conservatorship properties out of the revoked, empty Fumiyo Yamanaka Revocable Living Trust. There has been no full financial accounting of every loan, refinance and sale.

For that matter, there has been no annual full financial accounting of each of Fumiyo’s 4 businesses – Computer Solutions, GreenSand Internet, Kekela Properties, and Masashi and Fumiyo GE, each of Fumiyo’s 11 properties – 84, 86, 88, 92, 94, 96, 118, 118A, 122, 122A, 122B, or Fumiyo’s 2 trusts, the Fumiyo Yamanaka Trust and the Masashi Yamanaka Trust, Fumiyo Yamanaka trustee.

Stuart Oda, master has yet to make a comprehensive audit of this and the 3 previous reporting periods per Hawaii Probate Rules 29. Stuart Oda is a lawyer and judge not an auditor, comptroller or business / bankruptcy turn specialty advisor. Stuart Oda does not enlist the services of an auditor, comptroller or business/ bankruptcy turn around specialty advisor. Stuart Oda advocates the bankruptcy and homelessness of Fumiyo Yamanaka. Judge Hara agrees and signs Stuart Oda’s unqualified, unsupported whims and fancies into orders.

No monies have been received by Fumiyo Yamanaka or the guardianship. The guardianship reports make no accounting of any of Fumiyo’s personal monies earmarked for guardianship purposes. Mark documents theft of guardianship monies commingled into conservatorship and trust accounts located in California in violation of Probate Rule 107.

Mark arbitrarily refuses to make distribution to Fumiyo of the $5 million or so of guardianship monies that have supposedly been conserved by conservator to provide for Fumiyo’s future needs. Mark makes no report of how he has invested or conserved Fumiyo’s $5 million to provide for Fumiyo’s future needs. Mark continues to steal all Fumiyo’s guardianship monies. Mark and Maxine continue to take all Fumiyo’s properties, sell Fumiyo’s properties, belongings and monies and keep all Fumiyo’s monies from those sales, refinances, etc. for themselves as claimed trustees.

36 Courts of Hawaii –John Carroll, Stuart Oda, Judge Hara and Judge Takase and California – Probate court of Castro Valley California choose to muzzle and ignore Velda’s objections and therefor endorse the theft and criminal property damage of ALL FUMIYO YAMANAKA’S PERSONAL POSSESSIONS and the abuse, neglect, bankruptcy of Fumiyo Yamanaka and forbidden sales of Fumiyo’s properties with no accounting, or distribution to Fumiyo. Each property sold puts Fumiyo over $100,000 in unanswerable debt. Mark reports Fumiyo’s estate to be in arrears. The forbidden sales of Fumiyo’s properties have bankrupted Fumiyo. Please void all sales and return all Fumiyo Yamanaka and Yamanaka Family belongings and the properties to Fumiyo Yamanaka. HRS 560:5-423.

Please appoint Velda as temporary guardian to bring Fumiyo. Please grant Velda powers to bring back Fumiyo to Hawaii and to return Fumiyo home to her own home at 96 Kekela. Velda is willing provide free care services to her mother Fumiyo.

Please grant Velda guardian powers access to retrieve and access Fumiyo’s personal monies earmarked for guardianship purposes to Fumiyo. Velda wants to be with, care for, and protect her mother for the remainder of Fumiyo Yamanaka’s years on earth as she has for the last 50 years. For the cost of about $1,000 - $1,500/ month Velda can once again better provide one on one care services to Fumiyo in accordance with Fumiyo’s wishes at Fumiyo’s own home for less than the $3,000/ month abusive neglect at Eden Villa, Castro Valley California. There will be more than enough to pay Fumiyo’s monthly mortgage out of the excess monies over and above the costs of care.

Please restore Fumiyo and Velda to the Yamanaka family home of over 63 years at 96 Kekela Street, Hilo, Hawaii 96720. Please appoint Velda Yamanaka as lifetime companion, caregiver and guardian of Fumiyo Yamanaka. Please stop all sales of Yamanaka family properties and return all 11 Yamanaka family properties to Fumiyo Yamanaka in a new irrevocable trust outside of Fumiyo Yamanaka’s personal name per HRS 560:5-423. Please return all Fumiyo’s personal monies to Fumiyo Yamanaka – specifically, Fumiyo’s retirement, social security, property rental incomes, any other incomes derived from loans, refinances and sales of Fumiyo’s properties, trust endowments, stock, etc.

Please stop all sales of Fumiyo’s properties as Fumiyo wishes. Please void all loans, refinances, and sales of Fumiyo’s properties per HRS 560:5-423.

Please retrieve all monies and properties back to Fumiyo Yamanaka – and preferably to a new irrevocable trust NOT IN FUMIYO’S PERSONAL NAME and not to the revoked Fumiyo Yamanaka Revocable Living Trust – because properties held in the revoked Fumiyo Yamanaka Revocable Living Trust are IN FUMIYO YAMANAKA’S PERSONAL NAME and there for are Fumiyo Yamanaka conservatorship properties presently secretly bankrupted, unprotected and unaccounted for by Ruth Mizuba, guardian, Ruth’s agents Moira Chin, Office of Public Guardian, Mark Eisenberg, guardianship agent for Ruth Mizuba, Mark Eisenberg, conservator, Hawaii, Mark Eisenberg claimed successor trustee to the revoked Fumiyo Yamanaka Revocable Living Trust, Mark Eisenberg, conservator, California, and Maxine Eisenberg, guardianship agent for Ruth Mizuba, Maxine Eisenberg claimed successor trustee to the now irrevocable Masashi Yamanaka Trust, Maxine Eisenberg, guardian, California with the endorsement of Mark and Maxine’s lawyers.

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