Complaint,Petition: IN THE MATTER OF THE KATHRYN C. QVALE MARITAL TRUST DATED 1-31-2006

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Manat, PHeLrs &
Praucips, LLP
ATTORENS AT LAW
SAN FRANCISCO

MANATT, PHELPS & PHILLIPS, LLP ELECTRONICALLY

JORDAN P. ROSE (Bar No, CA 54437) FILED
GARY D, ROTHSTEIN (Bar No. CA 143157) Superior Court of California,
One Embarcadero Center, 30th Floor County of San Francisco ‘
San Francisco, CA 94111 NOV 26 2
Telephone: (415) 291-7400 013
Facsimile: (415) 291-7474 Clerk of the Court
BY: JENNIFER NGO-CHAN
Deputy Cle

Attorneys for Petitioner
Bruce H. Qvale, Family Trustee

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

Case No. PTR-13-297016

In the Matter of the
SECOND SUPPLEMENT TO PETITION
Kathryn C. Qvale Exempt Marital Trust, FOR APPOINTMENT OF SUCCESSOR
dated January 31, 2006 INDEPENDENT TRUSTEE TO FILL
'ACANCY

[Probate Code Sections 15660 and 17200]
Date: December 30, 2013

Time: 9:00 A.M.
Dept.: Probate (Room 204)

In response to the Probate Examiner’s Notes dated November 12, 2013 (the
“Notes”), Petitioner, Bruce H. Qvale, in his capacity as a Family Trustee of the above-referenced
trust, hereby presents his Second Supplement to Petition for Appointment of Successor
Independent Trustee to Fill Vacancy (the “Petition”) and alleges as follows:

1. ‘The Notes require the filing of this Second Supplement to provide the
name and last known address of all vested or contingent beneficiaries in accordance with
California Rule of Court 7.902. ‘The beneficiaries for whom this information is to be provided
includes all of the beneficiaries of pecuniary and specific bequests under the above-referenced
trust. The required information is as follows:

iff
3110409621

SECOND SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR INDEPENDENT TRUSTEE
TO FILL VACANCYa ta Ss BW N

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MANarr, PHtirs &
Pritums, LEP
ATsaRNeYS AT LAW

SAM FRANCE

Norma Hepworth
P.O, Box 871
Hailey, ID 83333

Nancy Bong
23 Kingston Place
Walnut Creek, CA 94596

Roger Hansen
868 East 2830 South
Hagerman, ID 83332

Don Endo
21000 Glenwood Drive
Castro Valley, CA 94552

Raymonde Gely
3532 Sacramento St, #2
San Francisco, CA 94118

Kendel Hailey Qvale
3500 Scott St,
San Prancisco, CA 94123

Connor Hammond Qvale
98 Via Poinciana Lane
Boca Raton, FL. 33487

Caroline Paige Qvale
2909 Octavia St.
San Francisco, CA 94123

Max Keaton Qvale
147 Lagunitas Road
Ross, CA 94957

Lillian Fredriksson
1318 Hale Drive
Concord, CA 94518

Laura Hinra
901 Van Ness Ave,
San Franciseo, CA 94109

Karen Duarteau
2600 Nicasio Valley Road
Nicasio, CA 94946

Rita Jelincic
3636 Jackson St.
San Francisco, CA 94118

Hubert Gely
3532 Sacramento St., #2
San Francisco, CA 94118

Blake Henry Qvale
336 E, 18th St., Apt. E-2
New York, NY 10003

Christopher Kjell Qvale
2945 Pacific Ave., Unit 6
San Francisco, CA 94115

Miles Colin Qvale
147 Lagunitas Road
Ross, CA 94957

2. Kendel Hailey Qvale, Blake Henry Qvale, Connor Hammond Qvale,
Christopher Kjell Qvale, Caroline Paige Qvale, Miles Colin Qvale, and Max Keaton Qvale ate
grandchildren of Kjell H. Qvale and Kathryn C. Qvale (collectively, the “Grandchildren”). The
Grandchildren are beneficiaries of trusts that are named as beneficiaries under the above-
referenced trust. Miles Colin Qvale and Max Keaton Qvale are minor children of Miles Jeffrey
Qvale, and the address reflected for those two beneficiaries is that of their father. All of the other
Grandchildren are adults, The current trustees of the trusts of which the Grandchildren are
beneficiaries arc exclusively among the group consisting of Petitioner, Miles Jeffrey Qvale, and
Laura Hiura. Miles Jeffrey Qvale has received notice of the Petition. Laura Hiura bas waived

notice of the Petition. All other individual beneficiaries of the above-referenced trust are adults,
311040962.1 2

SECOND SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR TNDEPENDENT TRUSTER
TO FILL VACANCY28

MANAtY, Puntos &
Pritstrs, LLP
arragvers Av Law
Ban Feancssen

3. With respect to the appointment of Laura Hiura as successor Independent
Trustee requested in the Petition, the interests of the living adult Grandchildren are identical to
those of any minor, unborn, or unascertained Grandchildren. All Grandchildren are similarly
situated with respect to the appointment of Laura Hiura as successor Independent Trustee
requested in the Petition, Consequently, Petitioner believes that no guardian ad litem need be
appointed to represent the interests of any minor, unborn or unascertained Grandchildren because
such an appointment is to be made only “if the Court determines that representation of the interest

otherwise would be inadequate.” Probate Code §1003(a).

Dated: W/2s"/ 2013 bbb

Bruce H. Qvale

i
Dated: ifs , 2013 MANATT, PHELPS & PHILLIPS, LLP

By: A nud) : KL

Gary D (Rothstein ”
Attorneys for Petitioner
Brace H, Qvale, Family Trustee

312040962.1 3

SECOND SUPPLEMENT TO PETITION POR APPOINTMENT OF SUCCESSOR INDEPENDENT TRUSTEE
TO FILL VACANCYCSO WD A RB WD

a &E SG S os

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MANATT, Pueies &
Panuips, LLP
ATTORNEYS AY LAWS

SiN Feaneisca.

VERIFICATION

Iam the Petitioner in the above-entitled action; I have read the foregoing SECOND
SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE TO
FILL VACANCY and know the contents thereof, and J certify that the same is true of my own
knowledge, except as to those matters which are therein stated upon my information and belief,
and as to those matters I believe them 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 November 25, 2013, at Sen. Fremesex Cols focraien

ELudbde..

Bruce H. Qvale

311040962,1 4

SECOND SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR INDEPENDENT TRUSTEE
TO FILL VACANCY28

MANATT, PHELPS &
Wb

San Peanciscr

PROOF OF SERVICE
I, Julie McGuire, declare as follows:

1am employed in San Francisco County, San Francisco, California. | am over the

age of eighteen years and not a party to this action. My business address is MANATT, PHELPS
& PHILLIPS, LLP, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On
November 26, 2013, I served the within:

SECOND SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR

TRUSTEE TO FILL VACANCY

on the interested parties in this action addressed as follows:

Peter L. Muhs

(Counsel for Miles Jeffrey Qvale)
Cooper, White & Cooper, LLP
201 California Street, 17th Floor
San Francisco, CA 94111-5002

email: pmuhs@cwclaw.com

(BY ELECTRONIC MAIL) By transmitting such document(s) electronically
from my e-mail address, jmeguire@manatt.com at Manatt, Phelps & Phillips, LLP,
San Francisco, California, to the person(s) at the electronic mail addresses listed
above. The transmission was reported as complete and without error.

(BY MAIL) By placing such document(s) in a sealed envelope, with postage
thereon fully prepaid for first class mail, for collection and mailing at Manatt,
Phelps & Phillips, LLP, San Francisco, California following ordinary business
practice, I am readily familiar with the practice at Manatt, Phelps & Phillips, LLP
for collection and processing of correspondence for mailing with the United States
Postal Service, said practice being that in the ordinary course of business,
correspondence is deposited in the United States Postal Service the same day as it
is placed for collection.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct and that this declaration was executed on November 26, 2013, at
San Francisco, California.

341040962.1

_ Ak fio

ie Falie McGuire

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SECOND SUPPLEMENT TO PETITION FOR APPOINTMENT OF SUCCESSOR INDEPENDENT TRUSTEE

TO FILL VACANCY