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Suart L. ALLEN-GARIBALDI, SBN 175817 SSUPERIOR CEP. TOCKTGN
JASON E. CHONG, SBN 276273
ALLEN-GARIBALDI & CHONG, INC. 2! FEBIS PH &:&5
3255 W. MARCH LANE, SUITE 210
STOCKTON, CA 95219 5G £ RILEY, CLERK
TELEPHONE: (209) 466-6735
FACSIMILE: (209) 466-9846 OYEL.-
ATTORNEY FOR TRUSTEE
Rosa FELIX
!
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
STOCKTON JUDICIAL BRANCH 2
In Re: Case No. srx-pr- At -2021- b
“ PETITION FOR ORDER TO RECOVER
THE TRUST ASSETS AND FOR ORDER TO
TAKE POSSESSION OF TRUST REAL
RAUL V. GLORIA PROPERTY.
TRUST.
Date: JUN 3 0 2021
Time: 8:30 a.m.
Dept: 11A
Petitioner, Rosa FELIX, hereby presents her PETITION FOR ORDER TO RECOVER TRUST
ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY, and alleges as
follows:
IL
Factual Background and Allegations
1. RAUL VELASQUEZ GLORIA was a widower, and lived in Napa, California. On
April 30, 2011, he executed the RAUL V. GLoria Trust. He and his predeceased wife had five
children, namely: RAUL ALEXANDER GLORIA; CRYSTAL S. GLORIA; ELIZABETH L. GLORIA;
ADAM S. GLORIA; and SARA A. GLORIA. They had no predeceased issue.
2. On June 22, 2015, RAUL VELASQUEZ GLORIA executed the AMENDED AND
RESTATED RAUL V. GLORIA TRUST (“Trust”). A copy of the Trust is attached hereto as Exhibit
“A”.
IN RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY — 13. Assets of the Trust included two real properties in Napa County, California.
The first real property is at 3516 Soda Canyon Road, Napa, CA 94558 (the “Vineyard
property”). It has a vineyard, three residences (one large residence and two smaller residences)
and is located in the Napa County hills. It is approximately ten acres, and there are grape
vineyards on this property whose crops are sold annually to wineries. The second real property
is at 1644 Sierra Avenue, Napa, CA 94558. This is a residential single family rental house in
the city of Napa. This property had a tenant who paid $1,800/month rent.
4. Other assets of the Trust included bank accounts of small value, three cars of
nominal value, and farm equipment for the vineyard valued at $41,375.00.
5. RAUL VELASQUEZ GLORIA (sometimes referred to herein as “Settlor”) was the
initial trustee of the Trust. Upon his inability to serve as trustee, ROSA FELIX (“Petitioner”) is
to serve as successor trustee. Petitioner is RAUL VELASQUEZ GLORIA’s sister.
6. RAUL VELASQUEZ GLORIA died on October 10, 2015. Due to his death,
Petitioner began acting as successor trustee of the Trust. Petitioner lives in Stockton, San
Joaquin County, California, and issued a notice of trustee to all the Trust beneficiaries pursuant
to Probate Code § 16061.7 which stated that the Trust was being administered in San Joaquin
County.
7. Pursuant to the terms of the Trust, following the Settlor’s death, the Trust
provides RAUL ALEXANDER GLORIA with a life estate in the residence located at 3516 Soda
Canyon Road, and then following the termination of the life estate that the property shall be
sold. The Trust specifically states:
“The Trustor grants a Life Estate in the residence commonly described as 3516
Soda Canyon Road, Napa, CA 94558, having APN 032-500-02, to Raul A. Gloria.
The Trustor’s intent is to provide Raul. A. Gloria and Elizabeth Loren Gloria with
housing for as long as Raul A. Gloria is alive. On the death of Raul A. Gloria,
such real property shall be sold and the proceeds shall become a part of the
remaining trust estate. During the period of the life estate, the costs associated
with the property shall be paid by the trustee from the remaining trust assets.”
(See Exhibit “A”, Sec. 3.3, Paragraph A.)
8. The Trust also states that the trustee shall “distribute a cash bequest in the
amount of Five Thousand Dollars ($5,000.00) to THE RAUL A. GLORIA SPECIAL NEEDS
IN RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 2cD em IN AH BF WN
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TRUST, dated April 30, 2011.” (See Exhibit “A”, Sec. 3.3, Paragraph B.)
9. The Trust finally provides that its residue shall be divided equally between
CRYSTAL S. GLORIA, ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA.
10. Four out of five of the Settlor’s children have been living on the Vineyard
property, which has one large residence and two smaller residences. RAUL ALEXANDER
Goria is the Settlor’s eldest child and has a disability. At the time of Settlor’s death, RAUL
ALEXANDER GLORIA lived in the largest of the three houses on the Vineyard property. He
continues to reside there today. ADAM S. GLoria has been living on the Vineyard property in
one of the smaller houses since the Settlor’s death. ELIZABETH L. GLorIA lived in the other
small house on the Vineyard property for about three years, and then she moved into the big
house with RAUL ALEXANDER GLORIA. After Settlor’s death, SARA A. GLORIA lived in the
big house, but she has since moved into the smaller house that ELIZABETH L. GLORIA vacated
and has been living there for the last two years.
ll. Since the settlor’s death, Petitioner has had difficulties administering the Trust
estate due to disagreements between her and the beneficiaries. Petitioner has tried her best to
avoid litigation and amicably work with the Trust beneficiaries since they are her nieces and
nephews; however, the disagreements have become too serious to overcome.
12. ADAMS. GLORIA, ELIZABETH L. GLORIA, and SARA A. GLORIA have refused
to pay rent while residing on the Vineyard property. Petitioner met with a realtor in September
2017 who estimated that the house that ADAM S. GLORIA currently lives in would rent for
$1,500 to $1,900 per month. The realtor also estimated that the house that ELIZABETH L.
Goria lived in (prior to moving into the big residence with RAUL ALEXANDER GLORIA)
would rent for $2,700 to $3,000 per month. Presently, SARA A. GLORIA lives in this same
house and moved in after ELIZABETH L. GLORIA moved out. This rental income is needed by
the Trust to pay for all costs associated with the property, such as but not limited to insurance
aud property taxes.
13. Petitioner estimates that the three years of back rent owed by ELIZABETH L.
GLorIA for living in one of the smaller houses following the Settlor’s death is valued at
IN RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 3oO 0D Oem ND OH RF OY NY
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between $97,200.00 to $108,000.00. Petitioner estimates the two years of back rent owed by
SarA A. GLORIA is valued at between $64,800.00 to $72,000.00. Petitioner estimates that the
five years of back rent owed by ADAM S. GLORIA since the Settlor’s passing is valued at
between $90,000.00 to $114,000.00.
14. ADAMS. Goria has also interfered with Petitioner’s ability to collect rent
from the tenant who lived at 1644 Sierra Avenue. Following the Settlor’s death, ADAM S.
GLorla directed the tenant to submit their rent payments to him rather than to Petitioner. For
a period of six months the tenant complied with this request. When Petitioner requested that
Apa S. GLORIA return that rental income, he only returned $5,100.00 of the $10,800.00 in
rent, depriving the Trust of $5,700.00 in rental income.
15. While the Settlor was still alive, ADAM S. GLORIA used Trust funds for his own
benefit and without the consent of the Settlor. ADAM S. GLORIA worked for the Settlor but
was eventually fired. Upset and distraught over his removal as an employee, he took $4,300.00
from the Settlor’s Trust bank account. In another separate incident, ADAM S. GLORIA took
approximately $13,000.00 from the Trust bank account. He eventually returned $2,000.00 but
then took another $5,000.00. This deprived the Trust of $16,000.00 in cash.
16. ADAM S. GLORIA has also kept all the vineyard crop sale proceeds since the
Settlor’s passing. The Settlor was receiving no less than $65,000.00 per year in grape crop
proceeds. Since the Settlor’s passing, ADAM S. GLORIA has received and kept all of the grape
crop proceeds. The crop proceeds were usually paid in November or December of each year.
Petitioner has not received the crop proceeds for the years 2015 through 2020 (six years).
Petitioner estimates that six years of missing crop proceeds is at least $390,000.00.
17. ADAMS. GLORIA continues to use the Trust’s agricultural and farming
equipment for his own personal use. Petitioner requested that he return all the equipment to the
Vineyard property so that it could be appraised but instead hid the equipment. The farm
equipment is valued at approximately $41,375.00.
18. The inability of Petitioner to marshal the Trust’s assets, collect rental income,
and maintain a cash reserve has caused bills to accrue and become difficult to pay. Prior to
IN Re: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 4YD WwW Fw WN
Settlor’s death, he had purchased cars for the use of some of his children. The Trust was
unable to pay the monthly payments for the Trust’s 2013 Volkswagen Jetta, 2015 Nissan
Frontier, and Camero. The children who used the cars refused to make the payments.
Eventually, all the cars were repossessed by the lenders. Some of the Trust beneficiaries
continue to use the Settlor’s butane but do not pay or reimburse the Trust for it.
19. Presently, ADAM S. GLORIa is maintaining exclusive control over the grape
vineyards on the Vineyard property. He refuses to let other people onto the vineyard. After
the California wildfires a few years ago, an insurance adjuster went to the vineyard; however,
the insurance adjuster was denied entry by ADAM S. GLORIA who claimed that he would repair
any damage to the vineyard himself.
20. The disagreements and lack of cooperation by the Trust beneficiaries thwarted
Petitioner’s ability to effectively administer the Trust. Petitioner has been unable to pay bills,
Trust assets have been taken by beneficiaries, and Trust assets have been repossessed by
lenders. The Trust beneficiaries did not agree with Petitioner’s decision to sell the 1644 Sierra
Avenue property, which was encumbered by a mortgage which negated most of the Trust’s
equity in the asset. At one point the Trust beneficiaries retained legal counsel and filed a
petition in Napa County which was later withdrawn due to improper venue. Additionally, the
beneficiaries have requested a Trust accounting and one has been provided to them covering
the time periods of October 10, 2015 (Settlor’s date of death) through December 31, 2019.
21. Notice of the instant petition is being provided to the following persons who are
beneficiaries or trustees of the Trust, or are legal counsel for the interested parties:
Name Relation Age Address
Raut A. GLORIA Beneficiary Adult 3516 Soda Canyon Rd.
Napa, CA 94558
CrystaLS.GuLoria Beneficiary Adult 47 Pete Popovich Court
Sacramento, CA 95835
ELIZABETH L. GLORIA Beneficiary Adult 3516 Soda Canyon Rd.
Napa, CA 94558
ADAM S. GLORIA Beneficiary Adult 3516 Soda Canyon Rd.
Napa, CA 94558
In RE: THE RAUL V. GLoria TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 5SARA A. GLORIA Beneficiary Adult 3516 Soda Canyon Rd.
Napa, CA 94558
MARK T.CLAUSEN = Atty. for N/A 1325 Crestview Court
Beneficiaries Santa Rosa, CA 95403
Rosa FELIX Trustee Adult 5250 Claremont Ave. #140
Stockton, CA 95207
RAUL V. GLORIA Settlor Settlor [Died: 10/10/2015]
22, Venue in San Joaquin County is proper. Petitioner lives in Stockton, San
Joaquin County, California. Petitioner carries out the day-to-day activities of the Trust’s
administration in San Joaquin County.
23. Petitioner now files the instant Petition seeking an order of the Court to recover
Trust assets that are in the possession of ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA
A. GLORIA.
I.
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND
TO TAKE POSSESSION OF TRUST REAL PROPERTY
24. Petitioner files the instant petition under Probate Code § 850(a)(3)(B), wherein
a trustee may file a petition seeking an order of the court “where the trustee has a claim to real
or personal property, title to or possession of which is held by another.”
A. Rent for Vineyard Property
25. Petitioner requests that this Court order ELIZABETH L. GLORIA, ADAM S.
GLORIA, and SARA A. GLORIA to pay the Trust fair market value back rent for the time
periods that they occupied residences on the Vineyard property since the Settlor’s death.
26. Petitioner is informed and believes that the fair market value rent for the
residence occupied by ELIZABETH L. GLORIA and now Sara A. GLORIA is $2,700 to $3,000
per month, and the fair market value rent for the residence occupied by ADAM S. GLORIA is
$1,500 to $1,900 per month. Therefore, Petitioner estimates that the three years of back rent
owed by ELIZABETH L. GLORIA is valued at between $97,200.00 to $108,000.00; that the two
IN RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 6n vA Fw N
years of back rent owed by SARA A. GLORIA is valued at between $64,800.00 to $72,000.00;
and that the five years of back rent owed by ADAM S. GLORIA since the Settlor’s passing is
valued at between $90,000.00 to $114,000.00. In total, there is anywhere from $252,000.00 to
$294,000.00 in unpaid back rent owed by these three beneficiaries to the Trust.
27. Petitioner, as the Trustee, is entitled to collect this rent since title to the
Vineyard property is in the Trust subject to a life estate for the benefit of RAUL ALEXANDER
GLORIA who lives in a separate residence on the Vineyard property.
28. Petitioner also intends on collecting rent from ADAM S. GLORIA, and SARA A.
GLorIA from the present day and moving forward should they desire to remain living on the
Vineyard property. Petitioner requests that the Court order that SARA A. GLORIA and ADAM S.
GLORIA to pay fair market value rent for residing in the two smaller residences on the
Vineyard property. Petitioner does not seek rent from ELIZABETH L. GLORIA from the present
day forward because she resides in the large residence with RAUL ALEXANDER GLORIA.
29. Since RAUL ALEXANDER GLorIA is granted a life estate in the Vineyard
property, Petitioner does not intend on disturbing his right to enjoyment of the Vineyard
property or collecting rent from him. Petitioner believes that based on the language of the
Trust, the Settlor intended that RAUL ALEXANDER GLORIA’s life estate pertains to the large
house on the Vineyard property which was the Settlor’s primary residence, and not the entire
ten-acre Vineyard property itself.
30. The beneficiaries ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A.
GLORIA may argue that they should not have to pay rent for the time that they have resided on
the Vineyard property because they are the residual beneficiaries of the Trust. While those
three beneficiaries are the residual beneficiaries to the Trust, they are not the only residual
beneficiaries to the Trust. Their sister, CRYSTAL S. GLORIA, is also a residual beneficiary, but
she does not live on the Vineyard property and instead lives with her own family in the
Sacramento area. CRYSTAL S. GLORIA receives no benefit for her siblings’ rent-free residency
on the Vineyard property. Since CRYSTAL S. GLORIA does not live on the Vineyard property,
Petitioner believes that rent must be collected from the three beneficiaries who do live there.
Iw RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 7Petitioner, as a trustee, has a fiduciary obligation to ensure that the Trust assets are income
producing.
B. Rent for 1644 Sierra Avenue
31. Petitioner requests that this Court order ADAM S. GLORIA to retum ail rental
come that he kept from the tenant at 1644 Sierra Avenue. Petitioner is informed and believes
that he kept $5,700.00 in rental income during the six-month time period that he had told the
tenant to pay him instead of Petitioner.
Cc. Stolen Cash
32. Petitioner requests that this Court order ADAM S. GLORIA to return the
$4,300.00 in cash that he took from the Settlor’s Trust account in retaliation against the Settlor
for being fired. Petitioner also requests that this Court order ADAM S. GLORIA to return the
$16,000.00 in cash that he took from the Trust bank account on a separate occasion. This
totals $20,300.00.
D. Grape Crop Proceeds
33. Petitioner requests that this Court order ADAM S. GLORIA to return the grape
crop proceeds from the crop years 2015 through the present day (six years of crop proceeds) in
the amount of at least $390,000.00. Petitioner is informed and believes that the Settlor was
receiving at least $65,000.00 in crop proceeds each year.
E. Farm Equipment
34, Petitioner requests that this Court order ADAM S. GLORIA to return and make
available the Trust’s farming and vineyard equipment. He currently posses the equipment, has
been using it for his own benefit, and has not made the equipment available to Petitioner.
F. Possession of Vineyard Property
35. Finally, Petitioner requests that this Court order that she is able to take physical
possession of the Vineyard property so that she may lease the land which is viable for growing
grape crops. Leasing the farmland on the Vineyard property will produce annual rental income
of at least $65,000 per year which will help the Trust stay current with bills and other costs. In
the event that the vineyard is already under a lease contract between ADAM S. GLORIA and a
IN RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 88Co Oy Dw Bw NY
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tenant, then Petitioner also requests that ADAM S. GLORIA produce any and all lease
agreements for the vineyard property that he might have entered into on behalf of the Trust.
36. Petitioner, as a fiduciary and the Trustee to the Trust, has the legal right to claim
and marshal the Trust’s assets. Possession to the aforementioned properties is currently held
by others, namely: ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA.
WHEREFORE, Petitioner, ROSA FELIX, prays for an Order of the Court:
1. Ordering ELIZABETH L. GLORIA to pay ROSA FELIX, as trustee of the Trust, for
all back rent owed for ELIZABETH L. GLORIA’s residency on the Vineyard property for
approximately three years, in the amount of $97,200.00 to $108,000.00, or some other amount
according to proof at trial;
2. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, for all
back rent owed for ADAM S. GLORIA’s residency on the Vineyard property for approximately
the last five years, in the amount of $252,000.00 to $294,000.00, or some other amount
according to proof at trial;
3. Ordering SARA A. GLORIA to pay ROSA FELIX, as trustee of the Trust, for all
back rent owed for SARA A. GLORIA’s residency on the Vineyard property for approximately :
two years, in the amount of $64,800.00 to $72,000.00, or some other amount according to
proof at trial;
4. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, the
amount of $5,700.00, as damages for the rent proceeds he took from the real property located
at 1644 Sierra Avenue, Napa, CA 94558;
5. Ordering ADAM S. GLORIA to pay Rosa FELIX, as trustee of the Trust, the
amount of $20,300.00, as damages for monies taken by ADAM S. GLoria from the Settlor’s
Trust bank accounts;
6. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, the
amount of at least $390,000.00, as damages for the grape crop sale proceeds from 2015
through 2020, which were taken by ADAM S. GLORIA;
7. Ordering ADAM S. GLorIA to deliver and/or make available to ROSA FELIX, as
In RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 9om DN DH FF YW NY
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trustee of the Trust, all of the Trust’s farming and vineyard equipment that ADAM S. GLORIA
continues to use for his own personal benefit;
8. Ordering that RoSA FELIX, as trustee of the Trust, may take possession and
control of the real property located 3516 Soda Canyon Road, Napa, CA 94558, so that she may
lease the vineyard farmland to generate annual rental income for the benefit of the Trust estate;
9. Ordering that ADAM S. GLORIA produce to ROSA FELIX any and all lease
contracts for the vineyard; and
10.‘ For any other relief this Court considers just and proper.
Dated: Febpraner 1% _,2021
ALLEN-GARIBALDI & CHONG, INC.
A PROFESSIONAL CORPORATION
By: VfhiuwroZ Drak ale!
SHARI L. ALLEN-GARIBALDI
Attorney for ROSA FELIX
Tn RE: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 10VERIFICATION
I, the undersigned, state:
Tam the Petitioner in the within action. I have read the above PETITION FOR ORDER TO
RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY and
it is true of my own knowledge except as to those matters that are stated on my information
and belief, and as to those matters I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, executed on the date below in Stockton, California.
Dated: 54S , 2021 2 FA
<.
ROSA FELIX
SIGNED BY FACSIMILE
In Re: THE RAUL V. GLORIA TRUST;
PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY IExhibit “A”DECLARATION OF
THE RAUL V. GLORIA TRUST
AS AMENDED AND RESTATED
ARTICLE I
DECLARATION OF TRUST
(This is a Grantor Trust)
1.1 With this instrument,RAUL VELASQUEZ GLORIA, as settlor, presently residing at 3516 Soda Canyon
Road, Napa, CA94558 declares the settlor’s intent to establish a revocable living trust by delivering to
the trustee, without consideration, the property described hereinafter as the “Trust Estate”, set forth in
Schedule “A” of Trust assets and/or by changing title of such asset to the name of the trust.
For reference purposes, the following information applies:
11.1 Name of Trust: THE RAUL V. GLORIA TRUST
1.1.2.1 Date Established: April 30, 2012
11.3 Settlor/Initial Trustee: RAUL VELASQUEZ GLORIA
1.14 Initial Beneficiary: RAUL VELASQUEZ GLORIA
11.5 Children of Settlor:
RAUL ALEXANDER GLORIA, born October 13, 1974
CRYSTAL SAMANTHAGLORIA, bom June 24, 1982
ELIZABETH LOREN GLORIA, _ born October 13, 1985
ADAM STEVEN GLORIA, bor November 21, 1988
SARA ASHLEY GLORIA, born July 3, 1994
1.1.6 Deceased Children of Settlor: NONE
1.1.7 Successor Trustee ROSA ELENA GLORIA FELIX
Alternate Trustee ADAM STEVEN GLORIA
11.8 Remainder Beneficiary As set forth in Article I of this Trust Agreement.
1.2 The property transferred to the Revocable Living Trust of RAUL VELASQUEZ GLORIA shall be known
as the "Separate Trust estate” or "Irust estate."
1.3 Initially the Trust estate shall be allocated for the benefit of RAUL VELASQUEZ GLORIA, beneficiary.
The Raut V. Gloria Trust Portfolio, as Restated June, 2015 Page 1121
2.2
2.3
24
25
2.6
2.7
2.8
29
ARTICLE II
TRUST DURING THE LIFE OF RAUL VELASQUEZ GLORIA
RAUL VELASQUEZ GLORIA, as Trustee, will hold, administer, and distribute all property allocated to
the "Trust During RAUL VELASQUEZ GLORIA’s Life” for RAUL VELASQUEZ GLORIA’s own benefit.
RAUL VELASQUEZ GLORIA shall be entitled to utilize as much of the net income of the estate as is
necessary for the health, education, support, comfort, welfare, or happiness of RAUL VELASQUEZ
GLORIAand to maintain at a minimum RAUL VELASQUEZ GLORIA’s accustomed manner of living. Any
income not so distributed shall be added to principal.
If the income is insufficient, RAUL VELASQUEZ GLORIA may utilize as much of the principal of the
separate Trust estate as is reasonably necessary for RAUL VELASQUEZ GLORIA's health, education,
support, comfort, welfare, or happiness to maintain at minimum RAUL VELASQUEZ GLORIA’s
accustomed manner of living.
If RAUL VELASQUEZ GLORIAis found to be incompetent, physically or mentally, or if RAUL
VELASQUEZ GLORIA’s conservator, if such has been appointed, after consultation with medical
professionals, considers RAUL VELASQUEZ GLORIA unable to manage his or her own affairs by reason.
of physical or mental disability, then the remaining competent trustees, or if none of the Original
Trustees are found to be competent, the Successor Trustee, during the life of RAUL VELASQUEZ GLORIA,
may pay to or for him or her as much of the income and principal from the trust estate as is necessary for
the beneficiary’s health, education, or support to maintain the beneficiary‘s accustomed manner of
living. The trustees shall add to principal any income not so distributed.
RAUL VELASQUEZ GLORIA may at any time pay single sums or periodic payments from the Trust estate
to any person or organization. Additionally, RAUL VELASQUEZ GLORIA‘s conservator may exercise
this power for payments qualifying for the federal gift tax annual donee exclusion. Any gift which may
be given from the Trust Estate shall be deemed first returned to the Settlor, thereafter being given
directly from such Settlor to the Donee.
RAUL VELASQUEZ GLORIA may at any time revoke the separate Trust estate in whole or in part.
RAUL VELASQUEZ GLORIA may at any time amend any of the terms of this Trust by a written
document.
The powers of RAUL VELASQUEZ GLORIA to revoke or amend this Trust are personal, and no guardian,
conservator, attorney in fact, or other person shall exercise them.
If Grantor’s principal residence is transferred to this Declaration of Trust as Trust Property, Grantor has
the right to possess and occupy it for life, rent-free and without charge except for taxes, insurance,
maintenance and related costs and expenses. This right is intended to give Grantor a beneficial interest in
the property and to ensure that Grantor does not lose eligibility for a state homestead tax exemption for
which he or she otherwise qualify.
The Raul ¥, Gloria Trust Portfolio, as Restated June, 2015 Page 12ARTICLE OT
TRUST AFTER RAUL VELASQUEZ GLORIA‘s DEATH
3.1 At the death of RAUL VELASQUEZ GLORIA, but before the Trust assets are allocated as set forth below,
the Successor Trustee shall make the following distributions. These distributions are subject to the
Successor Trustee’s authority to first make disbursements as provided under Paragraph 3.2 below.
3.1.1 The payment of all just and legal debts of the Settlor.
3.1.2 The payment of any and all final medical expenses or funeral related expenses.
3.2 The Successor Trustee may, in his/her reasonable discretion, pay from the Trust estate RAUL
VELASQUEZ GLORIA’s debts, last illness and funeral costs, and expenses of administration for this
‘Trust.
3.3 The Successor Trustee shall distribute and allocate the remainder of the Trust Estate as follows:
A.
The Trustor grants a Life Estate in the residence commonly described as 3516 Soda Canyon Road,
Napa, CA94558, having APN 032-500-02, to Raul A. Gloria. The Trustor’s intent is to provide
Raul A. Gloria and Elizabeth Loren Gloria with housing for as long as Raul A. Gloria is alive.
On the death of Raul A. Gloria, such real property shall be sold and the proceeds shall become
a part of the remaining trust estate. During the period of the life estate, the costs associated
with the property shall be paid by the trustee from the remaining trust estate.
The Trustor directs the Trustee to distribute a cash bequest in the amount of Five Thousand
Dollars ($5,000.00) to THE RAUL A. GLORIA SPECIAL NEEDS TRUST dated__Y- 29 -t/_.
If Raul A. Gloria should predecease the Trustor, such bequest shall become a part of the
remaining trust estate.
. Distribution of other specific gifts of the trust estate shall be made pursuant to Schedule "B",
attached hereto and made a part hereof. If any asset listed on Schedule "B” has a listed value
set forth, that beneficiary's residuary distribution, if any, shall be reduced by that amount or
value, otherwise, the gifts set forth on Schedule “B” shall be distributed to that beneficiary in
addition to any gift under the residuary distribution below. If any named beneficiary of a
specific gift, as set forth hereafter on Schedule "B", of this trust does not survive the deceased
settlor for a pericd of Thirty (30) days, such beneficiary's gift shall lapse and become a part of
the remaining trust estate.
. The remainder of the Trust estate shall be sold, liquidated, or distributed to the beneficiaries
hereof by the Successor Trustee. The funds raised from any sale thereof, after deducting all
costs, taxes, fees, and expenses of such sale, shall be distributed to the beneficiaries as set forth
hereunder in such a way as to insure that the gross amount of personal property and cash
receipts received by each beneficiary are equal in amount, as set forth below.
The remaining trust estate shall be distributed to the beneficiaries of RAUL VELASQUEZ
GLORIAnamed hereinbelow, share and share alike, free of trust, in a non-prorata manner,
which named beneficiaries are as follows:
1. CRYSTAL SAMANTHAGLORIA, bom June 24, 1982;
2. ELIZABETH LOREN GLORIA, born October 13, 1985;
3. ADAMSTEVEN GLORIA, born November 21, 1988;
4. SARAASHLEY GLORIA, bom July 3, 1994.
If no beneficiaries as set forth above exist at the time of the Trustor’s death, the Trustee shall
distribute the remainder of the trust estate to the rightful heirs of RAUL VELASQUEZ
GLORIA, share and share alike, free of trust, in a non-prorata manner, with each rightful heir
to receive a representative share of the trust estate. Arightful heir shall be determined under
The Raul V, Gloria Trust Portfolio, as Restated June, 2015 Page 137 7
the current California Probate Code as it has to do with the discerning of heirs other than a :
deceased spouse.
G. If no beneficiaries as set forth above exist at the time of the settlor’s death, the Trustee shall
distribute the remainder of the trust estate to any person, entity, or cause, as set forth in the
minutes of this trust.
3.4 Except for gifts expressly made free of tax, RAUL VELASQUEZ GLORIA directs the Successor Trustee to
charge and collect from each beneficiary of the proceeds under this Trust all federal death taxes, if any,
from those persons sharing in the federal taxable estate. Further, RAUL VELASQUEZ GLORIA directs
the Successor Trustee to charge and collect all state death taxes, if any, in the same manner as the federal
death taxes and not as probate administration expenses. Further, Grantor directs the Successor Trustee to
perform any acts necessary, to reduce as much as is possible, any taxes which may be due upon the death
of Grantor.
‘The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 1441
4.2
4.3
44
4.5
4.6
47
ARTICLE IV
OFFICE OF TRUSTEE
For all Trusts under this instrument, the Trustee and Successor Trustees shall be those persons named below.
Each Successor Trustee shall serve in the order designated if the prior Trustee fails to qualify or ceases to
act. Any power, right, obligation, duty, exception, exemption, waiver or privilege specified herein for
"Trustee" shall also apply to any "Successor Trustee” whether designated by this instrument or appointed
by a court having proper jurisdiction.
Initial Trustee: RAUL VELASQUEZ GLORIA
Successor Trustee: ROSAELENA GLORIA FELIX
Alternate Successor Trustee: ADAM STEVEN GLORIA
Second Alternate Successor Trustee: Any person(s) or entity(s) elected by a majority of
the beneficiaries of this trust.
Any trustee (sole, co-trustee, or special) may appoint a co-trustee, individual or corporate. This may be a
limited special trustee for a specific purpose or may be another general trustee as the trustee sees fit.
Such specific purposes include being a signatory on a bank account or other account held by this trust. Such
special trustee or co-trustee need not be set forth in this trust agreement in order to hold such office and
shall derive his/her power from any signed writing by any trustee hereto. Such signed writing may be in
the form of a bank signature card whereon the signature of one or more trustees, as set forth in this trust
agreement, are present. If the appointing trustee ceases to act, the appointed co-trustee shall also cease
to act.
Any co-trustee may allocate duties between those serving by a written agreement and concurrence by a
majority of the adult income and principal beneficiaries. After such delegation, any one trustee may
unilaterally revoke such delegation at will, and without cause, by written notice to the other trustees
and adult income and principal! beneficiaries. For example, the trustee may exercise its power to delegate
several actions for bank and securities brokerage transactions.
If all designated trustees fail to qualify or cease to act, a court of competent jurisdiction shall appoint a
trustee or co-trustees, individual or corporate, after consideration of the preference of the current income
beneficiaries of the trust.
Any trustee may resign at any time from any trust under this instrument. The resigning trustee shall give
written notice of the resignation by personal delivery or registered mail to all current income
beneficiaries. The resignation shall be effective on the qualification of a designated successor trustee.
The designated successor trustee shall act as trustee on acceptance of the appointment.
If any individual trustee is unable to carry out his or her duties as trustee because of illness, disability, or
any other reason, the designated successor trustee may act as co-trustee during any such incapacity. In
determining the disability of the individual trustee, the successor trustee may rely on written statements
from two licensed physicians who have examined the trustee. In the absence of such a statement, the
successor trustee shall petition the court having jurisdiction over this trust for authority to proceed as
successor trustee. The successor trustee shall incur no liability to any beneficiary of the trust or to the
replaced trustee as a result of any action taken under this provision.
The individual trustees shall have the power to temporarily delegate to the co-trustee or successor
trustee all or any of his or her powers during temporary vacation periods or other absences from the State
of California. The individual trustee shall exercise this power of delegation by written notice to the co-
trustee specifying the powers delegated. This delegation shall terminate on delivery of written notice by
the individual trustee to the co-trustee of termination of delegation. The individual trustee shall incur
no liability to any beneficiary of the trust estate as a result of any actions taken or not taken within the
scope of delegation during the period of delegation.
The Raul ¥. Gloria Trust Portfolio, as Restated June, 2015 Page 154.8
49
4.10
40
4.12
4.13
414
4.15
4.16
4.17
7 a
If, after consultation with each other, the trustees are tnable to agree regarding any matter affecting the
administration or distribution of the trust estate, the decision of the individual first named trustee shall
govern. The individual trustee shall advise the other or corporate trustee in writing of its decision. The
corporate or other trustee shall comply with any decisions of the individual or first named trustee and
shall not be liable to any person for the actions of the trustees under their decision.
Any action taken by a majority of the trustees in office shall be binding on this trust, and third parties
may rely on such action. The nonconsenting trustees shall not be liable for actions for the majority.
The individual trustee, or trustees, may pay themselves reasonable compensation from the trust estate
during each calendar year for all ordinary services and teasonable additional compensation for any
extraordinary services, all without court order. If the individual trustee serves less than a full calendar
year, the individual trustee shall prorate the annual compensation.
The corporate trustee shall pay itself on an annual basis according to the corporate trustees published fee
schedule in effect from time to time.
The corporate trustee shall make periodic reviews of the instruments held by the trust estate and, based
on the reviews, make written proposals to the individual trustees regarding purchases and sales of trust
assets. If the individual trustees fail to notify the corporate trustee in writing of the disapproval of any
proposed sale or investment within ten (10) days after mailed notice, the corporate trustee my consider
such an action as approval. The corporate trustee shall not be liable for any loss resulting from retention
or investment of any property when the individual trustee disapproved of the action.
The trustees may employ custodians, attorneys, accountants, investments advisors, corporate fiduciaries,
or any other agents or advisors to assists the trustee in the administration of this trust and may rely on
the advice given by these agents. The trustee shall pay reasonable compensation for all services
performed by these agents from the trust estate out of either income or principal as the trustee in the
trustee’s reasonable discretion determines, These payments shall not decrease the compensation to which
the trustee is entitled.
No trustee shall be liable to any person interested in this trust for any act or default unless it results from
the trustees bad faith, willful misconduct, or gross negligence.
No bond or other security shall be required of any trustee acting hereunder for the faithful performance of
the duties of trustee, notwithstanding any law of any state of jurisdiction to the contrary.
The trustees shall have the power to loan or advance the trustee’s own funds to the trust for any trust
purpose, with interest at current rates, to receive security for such loans in the form of a mortgage, pledge,
deed of trust, or other encumbrance of any assets of the trust, to purpose or exchange assets of the trust at
their fair market value as determined by an independent appraiser, to sell property to the trust at a price
not in excess of its fair market value as determined by an independent appraiser, and to lease assets to or
from the trust for fair rental value as determined by an independent appraiser.
The trustees and the executor of the settlor’s estate may freely contract financial transactions between
themselves, such as the purchase and sale of assets and the making of loans, secured and unsecured,
notwithstanding each office being held by the same person and apparent conflicts of interest.
‘The Raul V; Gloria Trust Portfolio, as Restated June, 2015 Page 167 om
ARTICLE V
TRUSTEE MANAGEMENT POWERS
5.1 In the administration of any property, at any time forming a part of the trust fund, including accumulated
income, and in the administration of any trust created hereunder, the trustee, in addition to, and without
limitation of, the powers provided by law, shall, except as otherwise expressly provided in this
agreement, have the following powers to be exercised in the absolute discretion of the trustee:
A,
To retain such property for any period, whether or not the same is of the character permissible
for investments by fiduciaries under any applicable law, and without regard to the effect any
such retention may have upon the diversification of investments;
To sell, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, such
property, at public or private sale, with or without security, in such manner, and at such times,
for such prices, and upon such terms and conditions as the trustee may deem advisable;
‘To invest and reinvest in common or preferred stocks, securities, investment trusts, bonds and
other property, real or personal, foreign or domestic, including any undivided interest in any
one or more common trust funds, whether or not such investments be of the character permissible
for investments by fiduciaries under any applicable law, and without regard to the effect any
such investment may have upon the diversification of investments;
. To render Liquid the trust fund or any trust created hereunder in whole or in part, at any time
and from time to time, and to hold cash or readily marketable securities of little or no yield for
such period as the trustee may deem advisable;
To lease any such property beyond the period fixed by statute for leases made by fiduciaries
and beyond the duration of any trust created hereunder;
To join or become a party to, or to oppose, any reorganization, readjustment, recapitalization,
foreclosure, merger, voting trust, dissolution, consolidation, or exchange, and to deposit any
securities with any committee, depository or trustee, and to pay any fees, expenses and
assessments incurred in connection therewith, and to charge the same principal, and to exercise
conversion, subscription or other rights, and to make necessary payments in connection
therewith, or to sell any such privileges;
To vote in person at meetings of stock or security holders and adjournments thereof, and to vote
by general or limited proxy with respect to any stock or securities;
H. To hold stock and securities in the name of a nominee without indicating the trust character of
such holding, or unregistered or in such form as will pass by delivery, or to use a central
depository and to permit registration in the name of a nominee;
To pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or
demands of the trust fund or any trust created hereunder against others or of others against the
same as the trustee may deem advisable, and to make any payments in connection therewith
which the trustee may deem advisable;
To borrow money for any purpose from any source, including any trustee at any time acting
hereunder, and to secure the repayment of any and all amounts so borrowed by pledge of any
property;
‘To conduct business with any and all financial institutions including, but not limited to the
following types of accounts: Savings accounts, checking accounts, and direct deposit accounts.
The trustees shall have the power to act independently of each other at any time when.
conducting business with any financial institution;
To make distribution of the trust fund or of the principal of any trust created hereunder in kind,
and to cause any distribution to be composed of cash, property or undivided fractional shares in
property different in kind from any other distribution, without regard to the income tax basis of
the property distributed to any beneficiary of any trust;
M. To allocate receipts and disbursements of the trust fund between the trusts which it may deem
advisable;
. To execute and deliver any and all instruments or writings which it may deem advisable to
carry out any of the foregoing powers. No party to any such instruments or writings shall be
obligated to inquire into its validity; and
‘The Raul V, Gloria Trust Portfolio, as Restated June, 2015 Page 17a +
O. To exercise all such rights and powers and to do all such acts and enter into all such agreements
as persons owning similar property on their own right might lawfully exercise, do or enter into.
P. To acquire and maintain life insurance policies on the life of any person, including a trust
beneficiary, and to exercise all rights of ownership granted to such policies,
Q. To carry, at the expense of the trust provided for in this Declaration, insurance of such kinds
and in such amounts as the Trustee deems reasonably advisable to protect any portion of this
trust estate against any damage of loss and to protect the Trusteed against liability with
respect to third parties.
5.2 No person who deals with any trustee hereunder shall be bound to see the application of any asset
delivery to such trustee or to inquire into the authority for, or propriety of, any action taken, or not taken,
by such trustee.
‘The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 187 >
ARTICLE VI
TRUSTEE ACCOUNTING AND DISTRIBUTION POWERS
6.1 Forall trusts hereunder, the trustee shall have the following powers and duties for accounting and tax
matters.
6.2 The trustee shall periodically, but not less than once each year, render an accounting of its administration
of the trusts to all of the current income and current principal beneficiaries who are then adults. The
beneficiary’s written approval of the accounting shall be a complete protection of the trustee as to all
matters and transactions stated or shown by the accounting. Failure to transmit fo the trustee either (a)
the written appraisal of such accounting, or (b) a written objection to the accounting, with reasons
specified, within a period of ninety (90) days after a written request by the trustee for such appraisal
shall constitute a written approval of the guardian, conservator, or representative of such person entitled
to the accounting. To the extent permitted by law, the written approval of the adult beneficiaries shall
bind minor and contingent remainder interests. Except as provided in this paragraph, and reports or
accounts otherwise required by the California Probate Code are hereby waived to the fullest extent of
the law.
6.3 The trustee shall determine all matters with respect to what is principal and income of the trust estate
and the apportionment and allocation of receipts and expenses between these accounts by the provisions
of the California Revised Uniform Principal and Income Act from time to time existing. When this
instrument or such act does not provide, the trustee in its reasonable discretion shall determine the
characterization.
6.4 The trustee shall establish reasonable resources for depreciation, notwithstanding any other provision of
this instrument or the California Revised Uniform Principal and Income Act.
6.5 Income accrued or unpaid on trust property when received into the trust shall be treated as any other
income. Income accrued or held undistributed by the trustee at the termination of any trust or any interest
ina trust created hereunder, other than any trust that may be qualified terminable interest property
trust, shall go to the next beneficiaries of that interest or trust in proportion to their interest in it. Income
accrued or held in trust on the termination of a qualified terminable interest property trust shall go to the
beneficiary of that trust immediately before the termination or to his or her estate.
6.6 The trustee shall prorate all taxes and current expenses among successive beneficiaries over the period to
which they relate on a daily basis.
6.7. The trustee shall have the power in the trustee’s reasonable discretion to take any action and to make
any election to minimize the tax liabilities of any trust and its beneficiaries, to allocate the benefits
among the various beneficiaries, and to make adjustments in the rights of any beneficiaries, or between
the income and principal accounts, to compensate for the consequences of any tax election or any
investment or administrative decision the trustee believes has had the effect of directly or indirectly
preferring one beneficiary or group of beneficiaries over others.
6.8 If this instrument creates more than one trust, the trustee shal] not be required to physically segregate or
divide assets among the various trusts, except on the termination of any of the trusts. However, the
trustee shall keep separate accounts for the separate undivided interests, and the trust may hold
undivided interests in the same assets.
6.9 The trustee in its reasonable discretion shall have the power to pay from the trust estate, and to allocate
between income and principal, and death taxes to the extent that such taxes are attributable to the trust
estate or any part of it (calculated at the average rates applicable to such tax). However, any trust
property otherwise exempt from federal estate tax shall not be subject to the payment of any such death
taxes.
The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 196.10
6.18
6.12
6.13
6.14
6.15
6.16
6.17
_~ ~
The trustee, using reasonable discretion, shall have the power to pay the last illness expenses, funeral
expenses, and other obligations incurred for the beneficiary’s support from the income or principal of the
beneficiary’s trust.
In making non-prorate distributions to the beneficiaries, the trustee shall consider and attempt to
equalize the aggregate income tax basis of assets distributed to the various beneficiaries. Any such
determination by the trustee shall bind all parties in interest.
If, on expiration of the later of either six (6) months after the death of any person holding a power of
appointment created by this instrument or the expiration of the statutory period within which a Will
contest must be filed, the trustee has not received any document purporting to exercise the power, the
trustee may distribute any property according to the terms of this instrument as if the power had not been
exercised. If a document purporting to exercise the power is subsequently located, the trustee shall not be
liable to the appointees under that exercise, and the rights of the appointee and the persons receiving
property from the trustee shall follow applicable law.
Preview
o oO ON DN 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D ccna Suart L. ALLEN-GARIBALDI, SBN 175817 SSUPERIOR CEP. TOCKTGN JASON E. CHONG, SBN 276273 ALLEN-GARIBALDI & CHONG, INC. 2! FEBIS PH &:&5 3255 W. MARCH LANE, SUITE 210 STOCKTON, CA 95219 5G £ RILEY, CLERK TELEPHONE: (209) 466-6735 FACSIMILE: (209) 466-9846 OYEL.- ATTORNEY FOR TRUSTEE Rosa FELIX ! SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN STOCKTON JUDICIAL BRANCH 2 In Re: Case No. srx-pr- At -2021- b “ PETITION FOR ORDER TO RECOVER THE TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL RAUL V. GLORIA PROPERTY. TRUST. Date: JUN 3 0 2021 Time: 8:30 a.m. Dept: 11A Petitioner, Rosa FELIX, hereby presents her PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY, and alleges as follows: IL Factual Background and Allegations 1. RAUL VELASQUEZ GLORIA was a widower, and lived in Napa, California. On April 30, 2011, he executed the RAUL V. GLoria Trust. He and his predeceased wife had five children, namely: RAUL ALEXANDER GLORIA; CRYSTAL S. GLORIA; ELIZABETH L. GLORIA; ADAM S. GLORIA; and SARA A. GLORIA. They had no predeceased issue. 2. On June 22, 2015, RAUL VELASQUEZ GLORIA executed the AMENDED AND RESTATED RAUL V. GLORIA TRUST (“Trust”). A copy of the Trust is attached hereto as Exhibit “A”. IN RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY — 13. Assets of the Trust included two real properties in Napa County, California. The first real property is at 3516 Soda Canyon Road, Napa, CA 94558 (the “Vineyard property”). It has a vineyard, three residences (one large residence and two smaller residences) and is located in the Napa County hills. It is approximately ten acres, and there are grape vineyards on this property whose crops are sold annually to wineries. The second real property is at 1644 Sierra Avenue, Napa, CA 94558. This is a residential single family rental house in the city of Napa. This property had a tenant who paid $1,800/month rent. 4. Other assets of the Trust included bank accounts of small value, three cars of nominal value, and farm equipment for the vineyard valued at $41,375.00. 5. RAUL VELASQUEZ GLORIA (sometimes referred to herein as “Settlor”) was the initial trustee of the Trust. Upon his inability to serve as trustee, ROSA FELIX (“Petitioner”) is to serve as successor trustee. Petitioner is RAUL VELASQUEZ GLORIA’s sister. 6. RAUL VELASQUEZ GLORIA died on October 10, 2015. Due to his death, Petitioner began acting as successor trustee of the Trust. Petitioner lives in Stockton, San Joaquin County, California, and issued a notice of trustee to all the Trust beneficiaries pursuant to Probate Code § 16061.7 which stated that the Trust was being administered in San Joaquin County. 7. Pursuant to the terms of the Trust, following the Settlor’s death, the Trust provides RAUL ALEXANDER GLORIA with a life estate in the residence located at 3516 Soda Canyon Road, and then following the termination of the life estate that the property shall be sold. The Trust specifically states: “The Trustor grants a Life Estate in the residence commonly described as 3516 Soda Canyon Road, Napa, CA 94558, having APN 032-500-02, to Raul A. Gloria. The Trustor’s intent is to provide Raul. A. Gloria and Elizabeth Loren Gloria with housing for as long as Raul A. Gloria is alive. On the death of Raul A. Gloria, such real property shall be sold and the proceeds shall become a part of the remaining trust estate. During the period of the life estate, the costs associated with the property shall be paid by the trustee from the remaining trust assets.” (See Exhibit “A”, Sec. 3.3, Paragraph A.) 8. The Trust also states that the trustee shall “distribute a cash bequest in the amount of Five Thousand Dollars ($5,000.00) to THE RAUL A. GLORIA SPECIAL NEEDS IN RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 2cD em IN AH BF WN RN YR YN N DW DY Bw He we eR oe Re oe ee SYA A BRB YB YH = Sow at HA HW BR BW NY TRUST, dated April 30, 2011.” (See Exhibit “A”, Sec. 3.3, Paragraph B.) 9. The Trust finally provides that its residue shall be divided equally between CRYSTAL S. GLORIA, ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA. 10. Four out of five of the Settlor’s children have been living on the Vineyard property, which has one large residence and two smaller residences. RAUL ALEXANDER Goria is the Settlor’s eldest child and has a disability. At the time of Settlor’s death, RAUL ALEXANDER GLORIA lived in the largest of the three houses on the Vineyard property. He continues to reside there today. ADAM S. GLoria has been living on the Vineyard property in one of the smaller houses since the Settlor’s death. ELIZABETH L. GLorIA lived in the other small house on the Vineyard property for about three years, and then she moved into the big house with RAUL ALEXANDER GLORIA. After Settlor’s death, SARA A. GLORIA lived in the big house, but she has since moved into the smaller house that ELIZABETH L. GLORIA vacated and has been living there for the last two years. ll. Since the settlor’s death, Petitioner has had difficulties administering the Trust estate due to disagreements between her and the beneficiaries. Petitioner has tried her best to avoid litigation and amicably work with the Trust beneficiaries since they are her nieces and nephews; however, the disagreements have become too serious to overcome. 12. ADAMS. GLORIA, ELIZABETH L. GLORIA, and SARA A. GLORIA have refused to pay rent while residing on the Vineyard property. Petitioner met with a realtor in September 2017 who estimated that the house that ADAM S. GLORIA currently lives in would rent for $1,500 to $1,900 per month. The realtor also estimated that the house that ELIZABETH L. Goria lived in (prior to moving into the big residence with RAUL ALEXANDER GLORIA) would rent for $2,700 to $3,000 per month. Presently, SARA A. GLORIA lives in this same house and moved in after ELIZABETH L. GLORIA moved out. This rental income is needed by the Trust to pay for all costs associated with the property, such as but not limited to insurance aud property taxes. 13. Petitioner estimates that the three years of back rent owed by ELIZABETH L. GLorIA for living in one of the smaller houses following the Settlor’s death is valued at IN RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 3oO 0D Oem ND OH RF OY NY NN NY N NY NY RN NY ee we He we ee ee eR oN A AW BY BY F&F SG Owe QD DH Bw NH = between $97,200.00 to $108,000.00. Petitioner estimates the two years of back rent owed by SarA A. GLORIA is valued at between $64,800.00 to $72,000.00. Petitioner estimates that the five years of back rent owed by ADAM S. GLORIA since the Settlor’s passing is valued at between $90,000.00 to $114,000.00. 14. ADAMS. Goria has also interfered with Petitioner’s ability to collect rent from the tenant who lived at 1644 Sierra Avenue. Following the Settlor’s death, ADAM S. GLorla directed the tenant to submit their rent payments to him rather than to Petitioner. For a period of six months the tenant complied with this request. When Petitioner requested that Apa S. GLORIA return that rental income, he only returned $5,100.00 of the $10,800.00 in rent, depriving the Trust of $5,700.00 in rental income. 15. While the Settlor was still alive, ADAM S. GLORIA used Trust funds for his own benefit and without the consent of the Settlor. ADAM S. GLORIA worked for the Settlor but was eventually fired. Upset and distraught over his removal as an employee, he took $4,300.00 from the Settlor’s Trust bank account. In another separate incident, ADAM S. GLORIA took approximately $13,000.00 from the Trust bank account. He eventually returned $2,000.00 but then took another $5,000.00. This deprived the Trust of $16,000.00 in cash. 16. ADAM S. GLORIA has also kept all the vineyard crop sale proceeds since the Settlor’s passing. The Settlor was receiving no less than $65,000.00 per year in grape crop proceeds. Since the Settlor’s passing, ADAM S. GLORIA has received and kept all of the grape crop proceeds. The crop proceeds were usually paid in November or December of each year. Petitioner has not received the crop proceeds for the years 2015 through 2020 (six years). Petitioner estimates that six years of missing crop proceeds is at least $390,000.00. 17. ADAMS. GLORIA continues to use the Trust’s agricultural and farming equipment for his own personal use. Petitioner requested that he return all the equipment to the Vineyard property so that it could be appraised but instead hid the equipment. The farm equipment is valued at approximately $41,375.00. 18. The inability of Petitioner to marshal the Trust’s assets, collect rental income, and maintain a cash reserve has caused bills to accrue and become difficult to pay. Prior to IN Re: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 4YD WwW Fw WN Settlor’s death, he had purchased cars for the use of some of his children. The Trust was unable to pay the monthly payments for the Trust’s 2013 Volkswagen Jetta, 2015 Nissan Frontier, and Camero. The children who used the cars refused to make the payments. Eventually, all the cars were repossessed by the lenders. Some of the Trust beneficiaries continue to use the Settlor’s butane but do not pay or reimburse the Trust for it. 19. Presently, ADAM S. GLORIa is maintaining exclusive control over the grape vineyards on the Vineyard property. He refuses to let other people onto the vineyard. After the California wildfires a few years ago, an insurance adjuster went to the vineyard; however, the insurance adjuster was denied entry by ADAM S. GLORIA who claimed that he would repair any damage to the vineyard himself. 20. The disagreements and lack of cooperation by the Trust beneficiaries thwarted Petitioner’s ability to effectively administer the Trust. Petitioner has been unable to pay bills, Trust assets have been taken by beneficiaries, and Trust assets have been repossessed by lenders. The Trust beneficiaries did not agree with Petitioner’s decision to sell the 1644 Sierra Avenue property, which was encumbered by a mortgage which negated most of the Trust’s equity in the asset. At one point the Trust beneficiaries retained legal counsel and filed a petition in Napa County which was later withdrawn due to improper venue. Additionally, the beneficiaries have requested a Trust accounting and one has been provided to them covering the time periods of October 10, 2015 (Settlor’s date of death) through December 31, 2019. 21. Notice of the instant petition is being provided to the following persons who are beneficiaries or trustees of the Trust, or are legal counsel for the interested parties: Name Relation Age Address Raut A. GLORIA Beneficiary Adult 3516 Soda Canyon Rd. Napa, CA 94558 CrystaLS.GuLoria Beneficiary Adult 47 Pete Popovich Court Sacramento, CA 95835 ELIZABETH L. GLORIA Beneficiary Adult 3516 Soda Canyon Rd. Napa, CA 94558 ADAM S. GLORIA Beneficiary Adult 3516 Soda Canyon Rd. Napa, CA 94558 In RE: THE RAUL V. GLoria TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 5SARA A. GLORIA Beneficiary Adult 3516 Soda Canyon Rd. Napa, CA 94558 MARK T.CLAUSEN = Atty. for N/A 1325 Crestview Court Beneficiaries Santa Rosa, CA 95403 Rosa FELIX Trustee Adult 5250 Claremont Ave. #140 Stockton, CA 95207 RAUL V. GLORIA Settlor Settlor [Died: 10/10/2015] 22, Venue in San Joaquin County is proper. Petitioner lives in Stockton, San Joaquin County, California. Petitioner carries out the day-to-day activities of the Trust’s administration in San Joaquin County. 23. Petitioner now files the instant Petition seeking an order of the Court to recover Trust assets that are in the possession of ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA. I. PETITION FOR ORDER TO RECOVER TRUST ASSETS AND TO TAKE POSSESSION OF TRUST REAL PROPERTY 24. Petitioner files the instant petition under Probate Code § 850(a)(3)(B), wherein a trustee may file a petition seeking an order of the court “where the trustee has a claim to real or personal property, title to or possession of which is held by another.” A. Rent for Vineyard Property 25. Petitioner requests that this Court order ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA to pay the Trust fair market value back rent for the time periods that they occupied residences on the Vineyard property since the Settlor’s death. 26. Petitioner is informed and believes that the fair market value rent for the residence occupied by ELIZABETH L. GLORIA and now Sara A. GLORIA is $2,700 to $3,000 per month, and the fair market value rent for the residence occupied by ADAM S. GLORIA is $1,500 to $1,900 per month. Therefore, Petitioner estimates that the three years of back rent owed by ELIZABETH L. GLORIA is valued at between $97,200.00 to $108,000.00; that the two IN RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 6n vA Fw N years of back rent owed by SARA A. GLORIA is valued at between $64,800.00 to $72,000.00; and that the five years of back rent owed by ADAM S. GLORIA since the Settlor’s passing is valued at between $90,000.00 to $114,000.00. In total, there is anywhere from $252,000.00 to $294,000.00 in unpaid back rent owed by these three beneficiaries to the Trust. 27. Petitioner, as the Trustee, is entitled to collect this rent since title to the Vineyard property is in the Trust subject to a life estate for the benefit of RAUL ALEXANDER GLORIA who lives in a separate residence on the Vineyard property. 28. Petitioner also intends on collecting rent from ADAM S. GLORIA, and SARA A. GLorIA from the present day and moving forward should they desire to remain living on the Vineyard property. Petitioner requests that the Court order that SARA A. GLORIA and ADAM S. GLORIA to pay fair market value rent for residing in the two smaller residences on the Vineyard property. Petitioner does not seek rent from ELIZABETH L. GLORIA from the present day forward because she resides in the large residence with RAUL ALEXANDER GLORIA. 29. Since RAUL ALEXANDER GLorIA is granted a life estate in the Vineyard property, Petitioner does not intend on disturbing his right to enjoyment of the Vineyard property or collecting rent from him. Petitioner believes that based on the language of the Trust, the Settlor intended that RAUL ALEXANDER GLORIA’s life estate pertains to the large house on the Vineyard property which was the Settlor’s primary residence, and not the entire ten-acre Vineyard property itself. 30. The beneficiaries ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA may argue that they should not have to pay rent for the time that they have resided on the Vineyard property because they are the residual beneficiaries of the Trust. While those three beneficiaries are the residual beneficiaries to the Trust, they are not the only residual beneficiaries to the Trust. Their sister, CRYSTAL S. GLORIA, is also a residual beneficiary, but she does not live on the Vineyard property and instead lives with her own family in the Sacramento area. CRYSTAL S. GLORIA receives no benefit for her siblings’ rent-free residency on the Vineyard property. Since CRYSTAL S. GLORIA does not live on the Vineyard property, Petitioner believes that rent must be collected from the three beneficiaries who do live there. Iw RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 7Petitioner, as a trustee, has a fiduciary obligation to ensure that the Trust assets are income producing. B. Rent for 1644 Sierra Avenue 31. Petitioner requests that this Court order ADAM S. GLORIA to retum ail rental come that he kept from the tenant at 1644 Sierra Avenue. Petitioner is informed and believes that he kept $5,700.00 in rental income during the six-month time period that he had told the tenant to pay him instead of Petitioner. Cc. Stolen Cash 32. Petitioner requests that this Court order ADAM S. GLORIA to return the $4,300.00 in cash that he took from the Settlor’s Trust account in retaliation against the Settlor for being fired. Petitioner also requests that this Court order ADAM S. GLORIA to return the $16,000.00 in cash that he took from the Trust bank account on a separate occasion. This totals $20,300.00. D. Grape Crop Proceeds 33. Petitioner requests that this Court order ADAM S. GLORIA to return the grape crop proceeds from the crop years 2015 through the present day (six years of crop proceeds) in the amount of at least $390,000.00. Petitioner is informed and believes that the Settlor was receiving at least $65,000.00 in crop proceeds each year. E. Farm Equipment 34, Petitioner requests that this Court order ADAM S. GLORIA to return and make available the Trust’s farming and vineyard equipment. He currently posses the equipment, has been using it for his own benefit, and has not made the equipment available to Petitioner. F. Possession of Vineyard Property 35. Finally, Petitioner requests that this Court order that she is able to take physical possession of the Vineyard property so that she may lease the land which is viable for growing grape crops. Leasing the farmland on the Vineyard property will produce annual rental income of at least $65,000 per year which will help the Trust stay current with bills and other costs. In the event that the vineyard is already under a lease contract between ADAM S. GLORIA and a IN RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY = 88Co Oy Dw Bw NY NN NN NY N NN NY ee we He Be ew ese eB eB eo YN A HW FF YN F- SBD we A DH F&F BD DH = SD tenant, then Petitioner also requests that ADAM S. GLORIA produce any and all lease agreements for the vineyard property that he might have entered into on behalf of the Trust. 36. Petitioner, as a fiduciary and the Trustee to the Trust, has the legal right to claim and marshal the Trust’s assets. Possession to the aforementioned properties is currently held by others, namely: ELIZABETH L. GLORIA, ADAM S. GLORIA, and SARA A. GLORIA. WHEREFORE, Petitioner, ROSA FELIX, prays for an Order of the Court: 1. Ordering ELIZABETH L. GLORIA to pay ROSA FELIX, as trustee of the Trust, for all back rent owed for ELIZABETH L. GLORIA’s residency on the Vineyard property for approximately three years, in the amount of $97,200.00 to $108,000.00, or some other amount according to proof at trial; 2. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, for all back rent owed for ADAM S. GLORIA’s residency on the Vineyard property for approximately the last five years, in the amount of $252,000.00 to $294,000.00, or some other amount according to proof at trial; 3. Ordering SARA A. GLORIA to pay ROSA FELIX, as trustee of the Trust, for all back rent owed for SARA A. GLORIA’s residency on the Vineyard property for approximately : two years, in the amount of $64,800.00 to $72,000.00, or some other amount according to proof at trial; 4. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, the amount of $5,700.00, as damages for the rent proceeds he took from the real property located at 1644 Sierra Avenue, Napa, CA 94558; 5. Ordering ADAM S. GLORIA to pay Rosa FELIX, as trustee of the Trust, the amount of $20,300.00, as damages for monies taken by ADAM S. GLoria from the Settlor’s Trust bank accounts; 6. Ordering ADAM S. GLORIA to pay ROSA FELIX, as trustee of the Trust, the amount of at least $390,000.00, as damages for the grape crop sale proceeds from 2015 through 2020, which were taken by ADAM S. GLORIA; 7. Ordering ADAM S. GLorIA to deliver and/or make available to ROSA FELIX, as In RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 9om DN DH FF YW NY NN YW RYN RNY YH Be Be ewe ee Be Be De oda A AW FE oH & SF Be A AA RE EH SH SD trustee of the Trust, all of the Trust’s farming and vineyard equipment that ADAM S. GLORIA continues to use for his own personal benefit; 8. Ordering that RoSA FELIX, as trustee of the Trust, may take possession and control of the real property located 3516 Soda Canyon Road, Napa, CA 94558, so that she may lease the vineyard farmland to generate annual rental income for the benefit of the Trust estate; 9. Ordering that ADAM S. GLORIA produce to ROSA FELIX any and all lease contracts for the vineyard; and 10.‘ For any other relief this Court considers just and proper. Dated: Febpraner 1% _,2021 ALLEN-GARIBALDI & CHONG, INC. A PROFESSIONAL CORPORATION By: VfhiuwroZ Drak ale! SHARI L. ALLEN-GARIBALDI Attorney for ROSA FELIX Tn RE: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY 10VERIFICATION I, the undersigned, state: Tam the Petitioner in the within action. I have read the above PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY and it is true of my own knowledge except as to those matters that are stated on my information and belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, executed on the date below in Stockton, California. Dated: 54S , 2021 2 FA <. ROSA FELIX SIGNED BY FACSIMILE In Re: THE RAUL V. GLORIA TRUST; PETITION FOR ORDER TO RECOVER TRUST ASSETS AND FOR ORDER TO TAKE POSSESSION OF TRUST REAL PROPERTY IExhibit “A”DECLARATION OF THE RAUL V. GLORIA TRUST AS AMENDED AND RESTATED ARTICLE I DECLARATION OF TRUST (This is a Grantor Trust) 1.1 With this instrument,RAUL VELASQUEZ GLORIA, as settlor, presently residing at 3516 Soda Canyon Road, Napa, CA94558 declares the settlor’s intent to establish a revocable living trust by delivering to the trustee, without consideration, the property described hereinafter as the “Trust Estate”, set forth in Schedule “A” of Trust assets and/or by changing title of such asset to the name of the trust. For reference purposes, the following information applies: 11.1 Name of Trust: THE RAUL V. GLORIA TRUST 1.1.2.1 Date Established: April 30, 2012 11.3 Settlor/Initial Trustee: RAUL VELASQUEZ GLORIA 1.14 Initial Beneficiary: RAUL VELASQUEZ GLORIA 11.5 Children of Settlor: RAUL ALEXANDER GLORIA, born October 13, 1974 CRYSTAL SAMANTHAGLORIA, bom June 24, 1982 ELIZABETH LOREN GLORIA, _ born October 13, 1985 ADAM STEVEN GLORIA, bor November 21, 1988 SARA ASHLEY GLORIA, born July 3, 1994 1.1.6 Deceased Children of Settlor: NONE 1.1.7 Successor Trustee ROSA ELENA GLORIA FELIX Alternate Trustee ADAM STEVEN GLORIA 11.8 Remainder Beneficiary As set forth in Article I of this Trust Agreement. 1.2 The property transferred to the Revocable Living Trust of RAUL VELASQUEZ GLORIA shall be known as the "Separate Trust estate” or "Irust estate." 1.3 Initially the Trust estate shall be allocated for the benefit of RAUL VELASQUEZ GLORIA, beneficiary. The Raut V. Gloria Trust Portfolio, as Restated June, 2015 Page 1121 2.2 2.3 24 25 2.6 2.7 2.8 29 ARTICLE II TRUST DURING THE LIFE OF RAUL VELASQUEZ GLORIA RAUL VELASQUEZ GLORIA, as Trustee, will hold, administer, and distribute all property allocated to the "Trust During RAUL VELASQUEZ GLORIA’s Life” for RAUL VELASQUEZ GLORIA’s own benefit. RAUL VELASQUEZ GLORIA shall be entitled to utilize as much of the net income of the estate as is necessary for the health, education, support, comfort, welfare, or happiness of RAUL VELASQUEZ GLORIAand to maintain at a minimum RAUL VELASQUEZ GLORIA’s accustomed manner of living. Any income not so distributed shall be added to principal. If the income is insufficient, RAUL VELASQUEZ GLORIA may utilize as much of the principal of the separate Trust estate as is reasonably necessary for RAUL VELASQUEZ GLORIA's health, education, support, comfort, welfare, or happiness to maintain at minimum RAUL VELASQUEZ GLORIA’s accustomed manner of living. If RAUL VELASQUEZ GLORIAis found to be incompetent, physically or mentally, or if RAUL VELASQUEZ GLORIA’s conservator, if such has been appointed, after consultation with medical professionals, considers RAUL VELASQUEZ GLORIA unable to manage his or her own affairs by reason. of physical or mental disability, then the remaining competent trustees, or if none of the Original Trustees are found to be competent, the Successor Trustee, during the life of RAUL VELASQUEZ GLORIA, may pay to or for him or her as much of the income and principal from the trust estate as is necessary for the beneficiary’s health, education, or support to maintain the beneficiary‘s accustomed manner of living. The trustees shall add to principal any income not so distributed. RAUL VELASQUEZ GLORIA may at any time pay single sums or periodic payments from the Trust estate to any person or organization. Additionally, RAUL VELASQUEZ GLORIA‘s conservator may exercise this power for payments qualifying for the federal gift tax annual donee exclusion. Any gift which may be given from the Trust Estate shall be deemed first returned to the Settlor, thereafter being given directly from such Settlor to the Donee. RAUL VELASQUEZ GLORIA may at any time revoke the separate Trust estate in whole or in part. RAUL VELASQUEZ GLORIA may at any time amend any of the terms of this Trust by a written document. The powers of RAUL VELASQUEZ GLORIA to revoke or amend this Trust are personal, and no guardian, conservator, attorney in fact, or other person shall exercise them. If Grantor’s principal residence is transferred to this Declaration of Trust as Trust Property, Grantor has the right to possess and occupy it for life, rent-free and without charge except for taxes, insurance, maintenance and related costs and expenses. This right is intended to give Grantor a beneficial interest in the property and to ensure that Grantor does not lose eligibility for a state homestead tax exemption for which he or she otherwise qualify. The Raul ¥, Gloria Trust Portfolio, as Restated June, 2015 Page 12ARTICLE OT TRUST AFTER RAUL VELASQUEZ GLORIA‘s DEATH 3.1 At the death of RAUL VELASQUEZ GLORIA, but before the Trust assets are allocated as set forth below, the Successor Trustee shall make the following distributions. These distributions are subject to the Successor Trustee’s authority to first make disbursements as provided under Paragraph 3.2 below. 3.1.1 The payment of all just and legal debts of the Settlor. 3.1.2 The payment of any and all final medical expenses or funeral related expenses. 3.2 The Successor Trustee may, in his/her reasonable discretion, pay from the Trust estate RAUL VELASQUEZ GLORIA’s debts, last illness and funeral costs, and expenses of administration for this ‘Trust. 3.3 The Successor Trustee shall distribute and allocate the remainder of the Trust Estate as follows: A. The Trustor grants a Life Estate in the residence commonly described as 3516 Soda Canyon Road, Napa, CA94558, having APN 032-500-02, to Raul A. Gloria. The Trustor’s intent is to provide Raul A. Gloria and Elizabeth Loren Gloria with housing for as long as Raul A. Gloria is alive. On the death of Raul A. Gloria, such real property shall be sold and the proceeds shall become a part of the remaining trust estate. During the period of the life estate, the costs associated with the property shall be paid by the trustee from the remaining trust estate. The Trustor directs the Trustee to distribute a cash bequest in the amount of Five Thousand Dollars ($5,000.00) to THE RAUL A. GLORIA SPECIAL NEEDS TRUST dated__Y- 29 -t/_. If Raul A. Gloria should predecease the Trustor, such bequest shall become a part of the remaining trust estate. . Distribution of other specific gifts of the trust estate shall be made pursuant to Schedule "B", attached hereto and made a part hereof. If any asset listed on Schedule "B” has a listed value set forth, that beneficiary's residuary distribution, if any, shall be reduced by that amount or value, otherwise, the gifts set forth on Schedule “B” shall be distributed to that beneficiary in addition to any gift under the residuary distribution below. If any named beneficiary of a specific gift, as set forth hereafter on Schedule "B", of this trust does not survive the deceased settlor for a pericd of Thirty (30) days, such beneficiary's gift shall lapse and become a part of the remaining trust estate. . The remainder of the Trust estate shall be sold, liquidated, or distributed to the beneficiaries hereof by the Successor Trustee. The funds raised from any sale thereof, after deducting all costs, taxes, fees, and expenses of such sale, shall be distributed to the beneficiaries as set forth hereunder in such a way as to insure that the gross amount of personal property and cash receipts received by each beneficiary are equal in amount, as set forth below. The remaining trust estate shall be distributed to the beneficiaries of RAUL VELASQUEZ GLORIAnamed hereinbelow, share and share alike, free of trust, in a non-prorata manner, which named beneficiaries are as follows: 1. CRYSTAL SAMANTHAGLORIA, bom June 24, 1982; 2. ELIZABETH LOREN GLORIA, born October 13, 1985; 3. ADAMSTEVEN GLORIA, born November 21, 1988; 4. SARAASHLEY GLORIA, bom July 3, 1994. If no beneficiaries as set forth above exist at the time of the Trustor’s death, the Trustee shall distribute the remainder of the trust estate to the rightful heirs of RAUL VELASQUEZ GLORIA, share and share alike, free of trust, in a non-prorata manner, with each rightful heir to receive a representative share of the trust estate. Arightful heir shall be determined under The Raul V, Gloria Trust Portfolio, as Restated June, 2015 Page 137 7 the current California Probate Code as it has to do with the discerning of heirs other than a : deceased spouse. G. If no beneficiaries as set forth above exist at the time of the settlor’s death, the Trustee shall distribute the remainder of the trust estate to any person, entity, or cause, as set forth in the minutes of this trust. 3.4 Except for gifts expressly made free of tax, RAUL VELASQUEZ GLORIA directs the Successor Trustee to charge and collect from each beneficiary of the proceeds under this Trust all federal death taxes, if any, from those persons sharing in the federal taxable estate. Further, RAUL VELASQUEZ GLORIA directs the Successor Trustee to charge and collect all state death taxes, if any, in the same manner as the federal death taxes and not as probate administration expenses. Further, Grantor directs the Successor Trustee to perform any acts necessary, to reduce as much as is possible, any taxes which may be due upon the death of Grantor. ‘The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 1441 4.2 4.3 44 4.5 4.6 47 ARTICLE IV OFFICE OF TRUSTEE For all Trusts under this instrument, the Trustee and Successor Trustees shall be those persons named below. Each Successor Trustee shall serve in the order designated if the prior Trustee fails to qualify or ceases to act. Any power, right, obligation, duty, exception, exemption, waiver or privilege specified herein for "Trustee" shall also apply to any "Successor Trustee” whether designated by this instrument or appointed by a court having proper jurisdiction. Initial Trustee: RAUL VELASQUEZ GLORIA Successor Trustee: ROSAELENA GLORIA FELIX Alternate Successor Trustee: ADAM STEVEN GLORIA Second Alternate Successor Trustee: Any person(s) or entity(s) elected by a majority of the beneficiaries of this trust. Any trustee (sole, co-trustee, or special) may appoint a co-trustee, individual or corporate. This may be a limited special trustee for a specific purpose or may be another general trustee as the trustee sees fit. Such specific purposes include being a signatory on a bank account or other account held by this trust. Such special trustee or co-trustee need not be set forth in this trust agreement in order to hold such office and shall derive his/her power from any signed writing by any trustee hereto. Such signed writing may be in the form of a bank signature card whereon the signature of one or more trustees, as set forth in this trust agreement, are present. If the appointing trustee ceases to act, the appointed co-trustee shall also cease to act. Any co-trustee may allocate duties between those serving by a written agreement and concurrence by a majority of the adult income and principal beneficiaries. After such delegation, any one trustee may unilaterally revoke such delegation at will, and without cause, by written notice to the other trustees and adult income and principal! beneficiaries. For example, the trustee may exercise its power to delegate several actions for bank and securities brokerage transactions. If all designated trustees fail to qualify or cease to act, a court of competent jurisdiction shall appoint a trustee or co-trustees, individual or corporate, after consideration of the preference of the current income beneficiaries of the trust. Any trustee may resign at any time from any trust under this instrument. The resigning trustee shall give written notice of the resignation by personal delivery or registered mail to all current income beneficiaries. The resignation shall be effective on the qualification of a designated successor trustee. The designated successor trustee shall act as trustee on acceptance of the appointment. If any individual trustee is unable to carry out his or her duties as trustee because of illness, disability, or any other reason, the designated successor trustee may act as co-trustee during any such incapacity. In determining the disability of the individual trustee, the successor trustee may rely on written statements from two licensed physicians who have examined the trustee. In the absence of such a statement, the successor trustee shall petition the court having jurisdiction over this trust for authority to proceed as successor trustee. The successor trustee shall incur no liability to any beneficiary of the trust or to the replaced trustee as a result of any action taken under this provision. The individual trustees shall have the power to temporarily delegate to the co-trustee or successor trustee all or any of his or her powers during temporary vacation periods or other absences from the State of California. The individual trustee shall exercise this power of delegation by written notice to the co- trustee specifying the powers delegated. This delegation shall terminate on delivery of written notice by the individual trustee to the co-trustee of termination of delegation. The individual trustee shall incur no liability to any beneficiary of the trust estate as a result of any actions taken or not taken within the scope of delegation during the period of delegation. The Raul ¥. Gloria Trust Portfolio, as Restated June, 2015 Page 154.8 49 4.10 40 4.12 4.13 414 4.15 4.16 4.17 7 a If, after consultation with each other, the trustees are tnable to agree regarding any matter affecting the administration or distribution of the trust estate, the decision of the individual first named trustee shall govern. The individual trustee shall advise the other or corporate trustee in writing of its decision. The corporate or other trustee shall comply with any decisions of the individual or first named trustee and shall not be liable to any person for the actions of the trustees under their decision. Any action taken by a majority of the trustees in office shall be binding on this trust, and third parties may rely on such action. The nonconsenting trustees shall not be liable for actions for the majority. The individual trustee, or trustees, may pay themselves reasonable compensation from the trust estate during each calendar year for all ordinary services and teasonable additional compensation for any extraordinary services, all without court order. If the individual trustee serves less than a full calendar year, the individual trustee shall prorate the annual compensation. The corporate trustee shall pay itself on an annual basis according to the corporate trustees published fee schedule in effect from time to time. The corporate trustee shall make periodic reviews of the instruments held by the trust estate and, based on the reviews, make written proposals to the individual trustees regarding purchases and sales of trust assets. If the individual trustees fail to notify the corporate trustee in writing of the disapproval of any proposed sale or investment within ten (10) days after mailed notice, the corporate trustee my consider such an action as approval. The corporate trustee shall not be liable for any loss resulting from retention or investment of any property when the individual trustee disapproved of the action. The trustees may employ custodians, attorneys, accountants, investments advisors, corporate fiduciaries, or any other agents or advisors to assists the trustee in the administration of this trust and may rely on the advice given by these agents. The trustee shall pay reasonable compensation for all services performed by these agents from the trust estate out of either income or principal as the trustee in the trustee’s reasonable discretion determines, These payments shall not decrease the compensation to which the trustee is entitled. No trustee shall be liable to any person interested in this trust for any act or default unless it results from the trustees bad faith, willful misconduct, or gross negligence. No bond or other security shall be required of any trustee acting hereunder for the faithful performance of the duties of trustee, notwithstanding any law of any state of jurisdiction to the contrary. The trustees shall have the power to loan or advance the trustee’s own funds to the trust for any trust purpose, with interest at current rates, to receive security for such loans in the form of a mortgage, pledge, deed of trust, or other encumbrance of any assets of the trust, to purpose or exchange assets of the trust at their fair market value as determined by an independent appraiser, to sell property to the trust at a price not in excess of its fair market value as determined by an independent appraiser, and to lease assets to or from the trust for fair rental value as determined by an independent appraiser. The trustees and the executor of the settlor’s estate may freely contract financial transactions between themselves, such as the purchase and sale of assets and the making of loans, secured and unsecured, notwithstanding each office being held by the same person and apparent conflicts of interest. ‘The Raul V; Gloria Trust Portfolio, as Restated June, 2015 Page 167 om ARTICLE V TRUSTEE MANAGEMENT POWERS 5.1 In the administration of any property, at any time forming a part of the trust fund, including accumulated income, and in the administration of any trust created hereunder, the trustee, in addition to, and without limitation of, the powers provided by law, shall, except as otherwise expressly provided in this agreement, have the following powers to be exercised in the absolute discretion of the trustee: A, To retain such property for any period, whether or not the same is of the character permissible for investments by fiduciaries under any applicable law, and without regard to the effect any such retention may have upon the diversification of investments; To sell, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, such property, at public or private sale, with or without security, in such manner, and at such times, for such prices, and upon such terms and conditions as the trustee may deem advisable; ‘To invest and reinvest in common or preferred stocks, securities, investment trusts, bonds and other property, real or personal, foreign or domestic, including any undivided interest in any one or more common trust funds, whether or not such investments be of the character permissible for investments by fiduciaries under any applicable law, and without regard to the effect any such investment may have upon the diversification of investments; . To render Liquid the trust fund or any trust created hereunder in whole or in part, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such period as the trustee may deem advisable; To lease any such property beyond the period fixed by statute for leases made by fiduciaries and beyond the duration of any trust created hereunder; To join or become a party to, or to oppose, any reorganization, readjustment, recapitalization, foreclosure, merger, voting trust, dissolution, consolidation, or exchange, and to deposit any securities with any committee, depository or trustee, and to pay any fees, expenses and assessments incurred in connection therewith, and to charge the same principal, and to exercise conversion, subscription or other rights, and to make necessary payments in connection therewith, or to sell any such privileges; To vote in person at meetings of stock or security holders and adjournments thereof, and to vote by general or limited proxy with respect to any stock or securities; H. To hold stock and securities in the name of a nominee without indicating the trust character of such holding, or unregistered or in such form as will pass by delivery, or to use a central depository and to permit registration in the name of a nominee; To pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or demands of the trust fund or any trust created hereunder against others or of others against the same as the trustee may deem advisable, and to make any payments in connection therewith which the trustee may deem advisable; To borrow money for any purpose from any source, including any trustee at any time acting hereunder, and to secure the repayment of any and all amounts so borrowed by pledge of any property; ‘To conduct business with any and all financial institutions including, but not limited to the following types of accounts: Savings accounts, checking accounts, and direct deposit accounts. The trustees shall have the power to act independently of each other at any time when. conducting business with any financial institution; To make distribution of the trust fund or of the principal of any trust created hereunder in kind, and to cause any distribution to be composed of cash, property or undivided fractional shares in property different in kind from any other distribution, without regard to the income tax basis of the property distributed to any beneficiary of any trust; M. To allocate receipts and disbursements of the trust fund between the trusts which it may deem advisable; . To execute and deliver any and all instruments or writings which it may deem advisable to carry out any of the foregoing powers. No party to any such instruments or writings shall be obligated to inquire into its validity; and ‘The Raul V, Gloria Trust Portfolio, as Restated June, 2015 Page 17a + O. To exercise all such rights and powers and to do all such acts and enter into all such agreements as persons owning similar property on their own right might lawfully exercise, do or enter into. P. To acquire and maintain life insurance policies on the life of any person, including a trust beneficiary, and to exercise all rights of ownership granted to such policies, Q. To carry, at the expense of the trust provided for in this Declaration, insurance of such kinds and in such amounts as the Trustee deems reasonably advisable to protect any portion of this trust estate against any damage of loss and to protect the Trusteed against liability with respect to third parties. 5.2 No person who deals with any trustee hereunder shall be bound to see the application of any asset delivery to such trustee or to inquire into the authority for, or propriety of, any action taken, or not taken, by such trustee. ‘The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 187 > ARTICLE VI TRUSTEE ACCOUNTING AND DISTRIBUTION POWERS 6.1 Forall trusts hereunder, the trustee shall have the following powers and duties for accounting and tax matters. 6.2 The trustee shall periodically, but not less than once each year, render an accounting of its administration of the trusts to all of the current income and current principal beneficiaries who are then adults. The beneficiary’s written approval of the accounting shall be a complete protection of the trustee as to all matters and transactions stated or shown by the accounting. Failure to transmit fo the trustee either (a) the written appraisal of such accounting, or (b) a written objection to the accounting, with reasons specified, within a period of ninety (90) days after a written request by the trustee for such appraisal shall constitute a written approval of the guardian, conservator, or representative of such person entitled to the accounting. To the extent permitted by law, the written approval of the adult beneficiaries shall bind minor and contingent remainder interests. Except as provided in this paragraph, and reports or accounts otherwise required by the California Probate Code are hereby waived to the fullest extent of the law. 6.3 The trustee shall determine all matters with respect to what is principal and income of the trust estate and the apportionment and allocation of receipts and expenses between these accounts by the provisions of the California Revised Uniform Principal and Income Act from time to time existing. When this instrument or such act does not provide, the trustee in its reasonable discretion shall determine the characterization. 6.4 The trustee shall establish reasonable resources for depreciation, notwithstanding any other provision of this instrument or the California Revised Uniform Principal and Income Act. 6.5 Income accrued or unpaid on trust property when received into the trust shall be treated as any other income. Income accrued or held undistributed by the trustee at the termination of any trust or any interest ina trust created hereunder, other than any trust that may be qualified terminable interest property trust, shall go to the next beneficiaries of that interest or trust in proportion to their interest in it. Income accrued or held in trust on the termination of a qualified terminable interest property trust shall go to the beneficiary of that trust immediately before the termination or to his or her estate. 6.6 The trustee shall prorate all taxes and current expenses among successive beneficiaries over the period to which they relate on a daily basis. 6.7. The trustee shall have the power in the trustee’s reasonable discretion to take any action and to make any election to minimize the tax liabilities of any trust and its beneficiaries, to allocate the benefits among the various beneficiaries, and to make adjustments in the rights of any beneficiaries, or between the income and principal accounts, to compensate for the consequences of any tax election or any investment or administrative decision the trustee believes has had the effect of directly or indirectly preferring one beneficiary or group of beneficiaries over others. 6.8 If this instrument creates more than one trust, the trustee shal] not be required to physically segregate or divide assets among the various trusts, except on the termination of any of the trusts. However, the trustee shall keep separate accounts for the separate undivided interests, and the trust may hold undivided interests in the same assets. 6.9 The trustee in its reasonable discretion shall have the power to pay from the trust estate, and to allocate between income and principal, and death taxes to the extent that such taxes are attributable to the trust estate or any part of it (calculated at the average rates applicable to such tax). However, any trust property otherwise exempt from federal estate tax shall not be subject to the payment of any such death taxes. The Raul V. Gloria Trust Portfolio, as Restated June, 2015 Page 196.10 6.18 6.12 6.13 6.14 6.15 6.16 6.17 _~ ~ The trustee, using reasonable discretion, shall have the power to pay the last illness expenses, funeral expenses, and other obligations incurred for the beneficiary’s support from the income or principal of the beneficiary’s trust. In making non-prorate distributions to the beneficiaries, the trustee shall consider and attempt to equalize the aggregate income tax basis of assets distributed to the various beneficiaries. Any such determination by the trustee shall bind all parties in interest. If, on expiration of the later of either six (6) months after the death of any person holding a power of appointment created by this instrument or the expiration of the statutory period within which a Will contest must be filed, the trustee has not received any document purporting to exercise the power, the trustee may distribute any property according to the terms of this instrument as if the power had not been exercised. If a document purporting to exercise the power is subsequently located, the trustee shall not be liable to the appointees under that exercise, and the rights of the appointee and the persons receiving property from the trustee shall follow applicable law.