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KEKER & VAN NEST LLP
JOHN W. KEKER - # 49092
jkxeker@kvn.com
WARREN A. BRAUNIG - # 243884
whraunig@kvn.com
BENJAMIN BERKOWITZ - # 244441
bberkowitz@kvn.com
ABHISHEK BAJORIA - # 255294
abajoria@kvn.com
633 Battery Street
San Francisco, CA 94111-1809
Telephone: 415 391 5400
Facsimile: 415 397 7188
MYERS URBATSCH P.C,
PETER S. MYERS - #115113
psmyers@myersurbatsch.com.
MATTHEW R. MRAULE - # 263433
mmraule@myersurbatsch,com
625 Market Street, 4th Floor
San Francisco, California 94105
Phone: (415) 896-1500
Fax: (415) 979-0761
Attorneys for Petitioner and Respondent
BRUCE H. QVALE, FAMILY TRUSTEE,
Respondent LAURA HIURA, and Respondent
QVALE AUTO GROUP
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
SEP 18 2014
Clerk of the Court
BY: JENNIFER NGO-CHAN
Deputy Clerk
DOMINIC J. CAMPISI (SBN 63326)
dcampisi@elc-law.com
ANDREW ZABRONSKY (SBN 115339)
azabronsky@ele-law.com
Nazain Bomi Challa (SBN 220898)
nehalla@elc-law.com
EVANS, LATHAM & CAMPISI
One Post Street, Suite 600
San Francisco, CA 94104
Telephone: a) 421-0288
Facsimile: (415) 421-0464
Attorneys for MILES JEFFREY QVALE,
INDIVIDUALLY AND AS TRUSTEE
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In the Matter of the
Kathryn C. Qvale Exempt Trust,
dated January 31, 2006
Case No. PTR-13-297016
JOINT STIPULATION TO
CONSOLIDATE FOR ALL
PURPOSES
Miles Jeffrey Qvale, individually and as trustee,
VS.
Bruce H. Qvale, Laura Hiura, and Does 1-10
Dept.: Probate, Room 204
Joint Stipulation To Consolidate For All Purposes
Case No. PTR~13-297016oem YN DH FF WwW YM
BPR PN YPN NY DP Be ee —
e2wranws G&S + F& Cer RF DBEBHRE AS
The undersigned parties, by and through their respective counsel, do hereby stipulate:
WHEREAS Miles Jeffrey Qvale individually and as trustee, interested party,
beneficiary and successor in interest to Kjell Qvale is represented by Dominic J. Campisi
and Andrew Zabronsky, both of Evans, Latham & Campisi, and Peter Muhs and Richard
Collier, both of Cooper White & Cooper, LLC. Bruce H. Qvale, individually and as
trustee, Laura Hiura, individually and as trustee, and Qvale Auto Group, Inc. are
represented by John W. Keker, Warren A. Braunig, Benjamin Berkowtiz, and Abhishek
Bajoria, all of Keker & Van Nest LLP, as well as Peter Myers and Matthew R. Mraule, both
of Myers Urbatsch P.C. Christopher Qvale is represented by Edward A. Koplowitz of
MacInnis Donner & Koplowitz, and Monica Dell’Osso is the guardian ad litem for Max
Qvale and Miles Qvale in all petitions; Ronald Malone as Independent Trustee of the
Marital Trusts is represented by George Montgomery;
WHEREAS PTR-13-297016 involves three petitions dealing with the Kathryn Qvale
Exempt Marital Trust, where the named parties include Miles Jeffrey Qvale, Bruce H.
Qvale, Laura Hiura, and the Qvale Auto Group, all of whom have appeared, and Does
which have not yet been served. Respondents have demurred to the First Amended Petition
to Determine the Validity of Exercise of Power of Appointment, Tortious interference, and
damages and other remedies and statutory attorneys’ fees for Financial Elder Abuse and.
moved to strike portions of such Petition, so that the time for appearance by interested
parties has not run. Respondents answered the First Amended Petition for Conveyance of
Property Belonging to Trust, for damages and other relief for financial elder abuse. The
third Petition for Removal, Suspension and Instruction has now been responded to by
Respondents. Through these Petitions Miles Jeffrey Qvale secks removal, suspension and
alternatively instruction of Bruce H. Qvale as co-trustee and appointment of special trustee
to replace him and recovery of assets, damages, a determination of the validity ofa
purported exercise of the Limited Power of Appointment and recovery of shares of QAG,
damages and other relief and statutory attorneys’ fees for Financial elder Abuse, and other
remedies related to the Exempt Trust;
Joint Stipulation To Consolidate For All Purposes Case No, PTR-13-297016we ent DA HW BR wD Ye
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WHEREAS PTR-13-297017 dealing with the Kathryn Qvale Nonexempt Marital
Trust deals with two Petitions, one to Remove, Suspend and Instruct Bruce Qvale and one
to Determine Validity of purported exercise of Limited Power of Appointment, Tortious
Interference and for damages and statutory attorneys’ fees for Financial Elder Abuse, the
named parties are Miles Jeffrey Qvale, Bruce H. Qvale, and Laura Hiura, all of whom have
appeared and Does which have not been named yet. Respondents have demurred to the
First Amended Petition to Determine the Validity of Exercise of Power of Appointment,
tortious interference, and damages and other remedies and statutory attorneys’ fees for
Financial Elder Abuse and moved to strike portions of such Petition, so that the time for
appearance by interested parties has not run. The Petition for Removal, Suspension and
Instruction has now been responded to by Respondents. Through these Petitions Miles
Jeffrey Qvale seeks removal, suspension and alternatively instruction of Bruce H. Qvale as
co-trustee and appointment of special trustee to replace him and recovery of assets,
damages, a determination of the validity of a purported exercise of the Limited Power of
Appointment and recovery of shares of QAG, damages and other relief and statutory
attorneys’ fees for Financial elder Abuse, and other remedies related to the Nonexempt
Trust;
WHEREAS in PTR-13-297143, involves two Petitions, one to Remove, Suspend
and Instruct Bruce Qvale and Laura Hiura and one to Determine Validity of Provisions of
the Amended and Restated Survivor’s Trust, Tortious Interference and for damages and
statutory attorneys’ fees for Financial Elder Abuse. The Petition for Removal, Suspension
and Instruction has now been responded to by Respondents. Respondents have demurred to
the First Amended Petition to Determine the Validity of Restated Survivor’s Trust, tortious
interference, and damages and other remedies and statutory attorneys’ fees for Financial
Elder Abuse and moved to strike portions of such Petition, so that the time for appearance
by interested parties has not run. The named parties are Miles Jeffrey Qvale, Bruce H.
Qvale, and Laura Hiura, all of whom have appeared, and Does which have not yet been
named;
Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016
2.oe ID HW PB Ww NY
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WHEREAS all parties agree that the three Petitions for Suspension, Removal and
Instruction meet the standard for consolidation as set forth in California Code of Civil
Procedure Section 1048(a) as these matters involve common questions of law and fact. The
three Petitions to Determine Validity of exercises of limited powers of appointments and
other relief meet the standard for consolidation as set forth in California Code of Civil
Procedure Section 1048(a) as these matters involve common questions of law and fact. The
parties further agree that consolidation of all of these Petitions for discovery, motion
practice and pleading will promote efficiency and convenience of the Court and interested
parties. As discussed by the Court, where a pleading deals with an issue unique to one of
the Petitions for a specific trust, the pleading should separate such issue and show that it is
not common to other issues in the pleading;
WHEREAS the parties agree that no party is precluded from later arguing that the
Petition for Conveyance of Property and other relief and/or the Petition for Removal,
Suspension and Instruction involve different transactions factually and legally and may
appropriately be tried separately under California Code of Civil Procedure Section 1048(b)
as the Court may order;
WHEREAS the parties agree that adjudication of these Petitions will require
resolution of some common factual and legal issues, but also legal and factual issues related
to the events specific to the respective trusts;
WHEREAS the parties agree that this Stipulation is not a waiver of, and shall not
affect or impair, any party’s contention that depositions noticed regarding the respective
Petitions are subject to multiple time limits under Code of Civil Procedure Section
2025.290, to protect such parties’ right to question or cross-examine witnesses; and
WHEREAS the parties agree that this Stipulation is not a waiver of, and shall not
affect or impair, any party’s right to seck interim suspension pursuant to Probate Code
section 15642(e) or otherwise in connection with the Petition for Removal, Suspension and
Instruction.
THEREFORE the parties, having been advised by their respective counsel, hereby
Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016
3.Coe WN DW BR YW NYE
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&® Yeh RPBBREBSGSERDTREBAEBHE SB
jointly request an Order of this Court consolidating the above referenced actions into a
single action for purposes of discovery, motion practice and pleadings, subject to notice
within pleadings when an issue is distinct as to one trust or one cause of action only, and,
until further order of the Court, set such Petitions for trial, except where separate settings
under California Code of Civil Procedure Section 1048(b) would further convenience, and
be conducive to expedition and economy.
Dated: September {(, 2014
Dated: September g. 2014
Dated: September __, 2014
Dated: September f, 2014
By:
By:
By:
By:
KEKER & VAN NEST LLP
Q
Le 4 A
fee Fe o
BENJAMIN BERKOWITZ é
Attorneys for Petitioner an Respond ‘nt
BRUCE H. QVALE and Go-trusteé,
Respondent LAURA HI individually
and Co-trustee and Respondent QVALE
AUTO, GROUP
EVANS, LATHAM & CAMPISI
Attorneys for MILES JEFFR
Individually, as beye
QVALE,
ficiary, as successor in
interest, and as Co*trustee
BURNHAM BROWN
MONICA DELL’OSSO
Guardian ad litem for MAX QVALE and
MILES QVALE
MACINNIS, DONNER & KOPLOWITZ
,
EDWARD A. KOPLOWITZ,
Attorney for CHRISTOPHER QVALE
Joint Stipulation To Consolidate For All Purposes
Case No, PTR-13-297016Ce DN WR BW De
ye PN YPN BW ee
BS FRERBRNESSERRREERBESEES
jointly request an Order of this Court consolidating the above referenced actions into a
single action for purposes of discovery, motion practice and pleadings, subject to notice
within pleadings when an issue is distinct as to one trust or one cause of action only, and,
until further order of the Court, set such Petitions for trial, except where separate settings
under California Code of Civil Procedure Section 1048(b) would further convenience, and
be conducive to expedition and economy.
Dated: September {1, 2014
Dated: Septanider, 2014
Dated: September (A, 2014
Dated: September v 2014
By:
By:
By:
By:
KEKER& VAN NEST LLP
oe
BENJAMIN BERKOWTIZ~
Attorneys for Petitioner andRespondeht
BRUCE EH. OVALE and Go-tunsteé,
Respondent LAURA HIURA individually
and Co-trustee and Respondent QVALE
AUTQ)GROUP
EVANS, LATHAM & CAMPISI
Attorneys for QVALE,
Individually, as be: yeficiary, as successor in
interest, and as Co*trustee
BURNHAM BROWN
Voce’ On
MONICA DELL’ OSSO
Guardian ad litem for MAX QVALE and
MILES QVALE
MACINNIS, DONNER & KOPLOWITZ
,
EDWARD A. KOPLDOWITZ
‘Attorney for CHRISTOPHER QVALB
Joint Stipulation To Consolidate For All Purposes
Case No. PTR-13-297016CO AD ABR WN ee
BN DY RH YN VY NY Ye eee we eB Se Be eR em
eI DAH BBY = SO RNA A BON SS
Dated: September { 2, 2014
FRIEDMAN, MCCUBBIN, SPALDING,
BITTER, ROOSEVELT &
Joint Stipulation To Consolidate For All Purposes
Case No. PTR-13-297016.
Preview
oO RP NY Dw PB WN MPN YN YN NR NY Yee we eA A AE OHS kf FSF Fe UR BAEB EAS KEKER & VAN NEST LLP JOHN W. KEKER - # 49092 jkxeker@kvn.com WARREN A. BRAUNIG - # 243884 whraunig@kvn.com BENJAMIN BERKOWITZ - # 244441 bberkowitz@kvn.com ABHISHEK BAJORIA - # 255294 abajoria@kvn.com 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415 391 5400 Facsimile: 415 397 7188 MYERS URBATSCH P.C, PETER S. MYERS - #115113 psmyers@myersurbatsch.com. MATTHEW R. MRAULE - # 263433 mmraule@myersurbatsch,com 625 Market Street, 4th Floor San Francisco, California 94105 Phone: (415) 896-1500 Fax: (415) 979-0761 Attorneys for Petitioner and Respondent BRUCE H. QVALE, FAMILY TRUSTEE, Respondent LAURA HIURA, and Respondent QVALE AUTO GROUP ELECTRONICALLY FILED Superior Court of California, County of San Francisco SEP 18 2014 Clerk of the Court BY: JENNIFER NGO-CHAN Deputy Clerk DOMINIC J. CAMPISI (SBN 63326) dcampisi@elc-law.com ANDREW ZABRONSKY (SBN 115339) azabronsky@ele-law.com Nazain Bomi Challa (SBN 220898) nehalla@elc-law.com EVANS, LATHAM & CAMPISI One Post Street, Suite 600 San Francisco, CA 94104 Telephone: a) 421-0288 Facsimile: (415) 421-0464 Attorneys for MILES JEFFREY QVALE, INDIVIDUALLY AND AS TRUSTEE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO In the Matter of the Kathryn C. Qvale Exempt Trust, dated January 31, 2006 Case No. PTR-13-297016 JOINT STIPULATION TO CONSOLIDATE FOR ALL PURPOSES Miles Jeffrey Qvale, individually and as trustee, VS. Bruce H. Qvale, Laura Hiura, and Does 1-10 Dept.: Probate, Room 204 Joint Stipulation To Consolidate For All Purposes Case No. PTR~13-297016oem YN DH FF WwW YM BPR PN YPN NY DP Be ee — e2wranws G&S + F& Cer RF DBEBHRE AS The undersigned parties, by and through their respective counsel, do hereby stipulate: WHEREAS Miles Jeffrey Qvale individually and as trustee, interested party, beneficiary and successor in interest to Kjell Qvale is represented by Dominic J. Campisi and Andrew Zabronsky, both of Evans, Latham & Campisi, and Peter Muhs and Richard Collier, both of Cooper White & Cooper, LLC. Bruce H. Qvale, individually and as trustee, Laura Hiura, individually and as trustee, and Qvale Auto Group, Inc. are represented by John W. Keker, Warren A. Braunig, Benjamin Berkowtiz, and Abhishek Bajoria, all of Keker & Van Nest LLP, as well as Peter Myers and Matthew R. Mraule, both of Myers Urbatsch P.C. Christopher Qvale is represented by Edward A. Koplowitz of MacInnis Donner & Koplowitz, and Monica Dell’Osso is the guardian ad litem for Max Qvale and Miles Qvale in all petitions; Ronald Malone as Independent Trustee of the Marital Trusts is represented by George Montgomery; WHEREAS PTR-13-297016 involves three petitions dealing with the Kathryn Qvale Exempt Marital Trust, where the named parties include Miles Jeffrey Qvale, Bruce H. Qvale, Laura Hiura, and the Qvale Auto Group, all of whom have appeared, and Does which have not yet been served. Respondents have demurred to the First Amended Petition to Determine the Validity of Exercise of Power of Appointment, Tortious interference, and damages and other remedies and statutory attorneys’ fees for Financial Elder Abuse and. moved to strike portions of such Petition, so that the time for appearance by interested parties has not run. Respondents answered the First Amended Petition for Conveyance of Property Belonging to Trust, for damages and other relief for financial elder abuse. The third Petition for Removal, Suspension and Instruction has now been responded to by Respondents. Through these Petitions Miles Jeffrey Qvale secks removal, suspension and alternatively instruction of Bruce H. Qvale as co-trustee and appointment of special trustee to replace him and recovery of assets, damages, a determination of the validity ofa purported exercise of the Limited Power of Appointment and recovery of shares of QAG, damages and other relief and statutory attorneys’ fees for Financial elder Abuse, and other remedies related to the Exempt Trust; Joint Stipulation To Consolidate For All Purposes Case No, PTR-13-297016we ent DA HW BR wD Ye NN NY NY NY NY NR Ye BH eB ee ew me ee aoe NDA A RB wWHNH SF Be we AA Hh B wD HH ES WHEREAS PTR-13-297017 dealing with the Kathryn Qvale Nonexempt Marital Trust deals with two Petitions, one to Remove, Suspend and Instruct Bruce Qvale and one to Determine Validity of purported exercise of Limited Power of Appointment, Tortious Interference and for damages and statutory attorneys’ fees for Financial Elder Abuse, the named parties are Miles Jeffrey Qvale, Bruce H. Qvale, and Laura Hiura, all of whom have appeared and Does which have not been named yet. Respondents have demurred to the First Amended Petition to Determine the Validity of Exercise of Power of Appointment, tortious interference, and damages and other remedies and statutory attorneys’ fees for Financial Elder Abuse and moved to strike portions of such Petition, so that the time for appearance by interested parties has not run. The Petition for Removal, Suspension and Instruction has now been responded to by Respondents. Through these Petitions Miles Jeffrey Qvale seeks removal, suspension and alternatively instruction of Bruce H. Qvale as co-trustee and appointment of special trustee to replace him and recovery of assets, damages, a determination of the validity of a purported exercise of the Limited Power of Appointment and recovery of shares of QAG, damages and other relief and statutory attorneys’ fees for Financial elder Abuse, and other remedies related to the Nonexempt Trust; WHEREAS in PTR-13-297143, involves two Petitions, one to Remove, Suspend and Instruct Bruce Qvale and Laura Hiura and one to Determine Validity of Provisions of the Amended and Restated Survivor’s Trust, Tortious Interference and for damages and statutory attorneys’ fees for Financial Elder Abuse. The Petition for Removal, Suspension and Instruction has now been responded to by Respondents. Respondents have demurred to the First Amended Petition to Determine the Validity of Restated Survivor’s Trust, tortious interference, and damages and other remedies and statutory attorneys’ fees for Financial Elder Abuse and moved to strike portions of such Petition, so that the time for appearance by interested parties has not run. The named parties are Miles Jeffrey Qvale, Bruce H. Qvale, and Laura Hiura, all of whom have appeared, and Does which have not yet been named; Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016 2.oe ID HW PB Ww NY wR YPN wR RNY HE _ ea kao FSR PSE CRERVWATESGH FS WHEREAS all parties agree that the three Petitions for Suspension, Removal and Instruction meet the standard for consolidation as set forth in California Code of Civil Procedure Section 1048(a) as these matters involve common questions of law and fact. The three Petitions to Determine Validity of exercises of limited powers of appointments and other relief meet the standard for consolidation as set forth in California Code of Civil Procedure Section 1048(a) as these matters involve common questions of law and fact. The parties further agree that consolidation of all of these Petitions for discovery, motion practice and pleading will promote efficiency and convenience of the Court and interested parties. As discussed by the Court, where a pleading deals with an issue unique to one of the Petitions for a specific trust, the pleading should separate such issue and show that it is not common to other issues in the pleading; WHEREAS the parties agree that no party is precluded from later arguing that the Petition for Conveyance of Property and other relief and/or the Petition for Removal, Suspension and Instruction involve different transactions factually and legally and may appropriately be tried separately under California Code of Civil Procedure Section 1048(b) as the Court may order; WHEREAS the parties agree that adjudication of these Petitions will require resolution of some common factual and legal issues, but also legal and factual issues related to the events specific to the respective trusts; WHEREAS the parties agree that this Stipulation is not a waiver of, and shall not affect or impair, any party’s contention that depositions noticed regarding the respective Petitions are subject to multiple time limits under Code of Civil Procedure Section 2025.290, to protect such parties’ right to question or cross-examine witnesses; and WHEREAS the parties agree that this Stipulation is not a waiver of, and shall not affect or impair, any party’s right to seck interim suspension pursuant to Probate Code section 15642(e) or otherwise in connection with the Petition for Removal, Suspension and Instruction. THEREFORE the parties, having been advised by their respective counsel, hereby Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016 3.Coe WN DW BR YW NYE NbN YN NY NN WY m &® Yeh RPBBREBSGSERDTREBAEBHE SB jointly request an Order of this Court consolidating the above referenced actions into a single action for purposes of discovery, motion practice and pleadings, subject to notice within pleadings when an issue is distinct as to one trust or one cause of action only, and, until further order of the Court, set such Petitions for trial, except where separate settings under California Code of Civil Procedure Section 1048(b) would further convenience, and be conducive to expedition and economy. Dated: September {(, 2014 Dated: September g. 2014 Dated: September __, 2014 Dated: September f, 2014 By: By: By: By: KEKER & VAN NEST LLP Q Le 4 A fee Fe o BENJAMIN BERKOWITZ é Attorneys for Petitioner an Respond ‘nt BRUCE H. QVALE and Go-trusteé, Respondent LAURA HI individually and Co-trustee and Respondent QVALE AUTO, GROUP EVANS, LATHAM & CAMPISI Attorneys for MILES JEFFR Individually, as beye QVALE, ficiary, as successor in interest, and as Co*trustee BURNHAM BROWN MONICA DELL’OSSO Guardian ad litem for MAX QVALE and MILES QVALE MACINNIS, DONNER & KOPLOWITZ , EDWARD A. KOPLOWITZ, Attorney for CHRISTOPHER QVALE Joint Stipulation To Consolidate For All Purposes Case No, PTR-13-297016Ce DN WR BW De ye PN YPN BW ee BS FRERBRNESSERRREERBESEES jointly request an Order of this Court consolidating the above referenced actions into a single action for purposes of discovery, motion practice and pleadings, subject to notice within pleadings when an issue is distinct as to one trust or one cause of action only, and, until further order of the Court, set such Petitions for trial, except where separate settings under California Code of Civil Procedure Section 1048(b) would further convenience, and be conducive to expedition and economy. Dated: September {1, 2014 Dated: Septanider, 2014 Dated: September (A, 2014 Dated: September v 2014 By: By: By: By: KEKER& VAN NEST LLP oe BENJAMIN BERKOWTIZ~ Attorneys for Petitioner andRespondeht BRUCE EH. OVALE and Go-tunsteé, Respondent LAURA HIURA individually and Co-trustee and Respondent QVALE AUTQ)GROUP EVANS, LATHAM & CAMPISI Attorneys for QVALE, Individually, as be: yeficiary, as successor in interest, and as Co*trustee BURNHAM BROWN Voce’ On MONICA DELL’ OSSO Guardian ad litem for MAX QVALE and MILES QVALE MACINNIS, DONNER & KOPLOWITZ , EDWARD A. KOPLDOWITZ ‘Attorney for CHRISTOPHER QVALB Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016CO AD ABR WN ee BN DY RH YN VY NY Ye eee we eB Se Be eR em eI DAH BBY = SO RNA A BON SS Dated: September { 2, 2014 FRIEDMAN, MCCUBBIN, SPALDING, BITTER, ROOSEVELT & Joint Stipulation To Consolidate For All Purposes Case No. PTR-13-297016.