Stipulation,Agreement: IN THE MATTER OF THE IRREVOCABLE TRUST AGREEMENT ESTABLISHING THE DONALD ALEXANDER FLYNN TRUST DATED JANUARY 1, 2001

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                IOAN

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Feb-19-2010 8:20 am

Case Number: PTR-09-292386
Filing Date: Feb-18-2010 8:19
Juke Box: 001 Image: 02765203
GENERIC PROBATE PLEADING

‘REVOCABLE TRUST AGREEMENT ESTABLISHING THE DONALD ALEXANDER FLYNN *

001P02765203

Instructions:
Please place this sheet on top of the document to be scanned.)

02-16-2010 03:62PM rearseargon WILSON 6192368005 1-835 = P.002 F498

1 || Shirley L. Kovar, Esq. (SBN 61769)
Eagar H. Hayden, Jr., Esq. (SBN 47981)

2 | BRANTON & WILSON, APC
701 "B" Street, Sulte 1255
3 |] San Diego, CA 92101-8187
Te : (619) 236-1891

4 || Facsimile: (619) 236-8005

5

6 Attomeys for Petitioner, MALI LISE FLYNN

7

8 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA

9 IN AND FOR THE COUNTY OF SAN FRANCISCO
10
u In the Matter of } Case No, PTR-09-292386

‘fhe Inevocable Trust Agreement )
12 Establishing the DONALD )
ALEXANDER FLYNN TRUST dated } STIPULATION TO APPOINTMENT
13 danuary 1, 2001, } OF GUARDIAN AD LITEM
14 MALI LISE FLYNN, )
) Date! February 22, 2010
1S Petitioner, ) Time: 9:00 AM
}. Dept: Probate-204

16 v )
“| 2anApuepr amare |
18 ‘md DOES 1-50, , } BY FRX
19 Defendants. }
20 )
21
22 ‘The parties, by and through their attorncys of record, do hereby stipulate that the Court may
23 || and should enter an order in the form as that attached hereto as “Exhibit A.” This Stipulation is

24 || based upon the following facts:

25 1 ELLIOT G. STEINBERG (“STEINBERG”) was appointed as guardian ad litem for
26 | DONALD ALEXANDER FLYNN ("ALEX"), a minor, by order dated April 24, 2007.
27 2. Petitioner MALI LISE FLYNN (“MAL!"), ALEX’s mother, filed petitions alleging

28 || that STiSINBERG’s appointment wes limited to receiving notices of proposed action, that he was not

STIPULATION TO ALOLNIMENS OF GUARDIAN AD LIK

Case No. PTR-09-292386 le-~ ae

02-16-2010 03:52PM FROU-BRANTORPND WILSON siezsee008 “=” 1-835 = P.003 F408

independent, that STEINBERG should be removed as guardian ad litem, and that JAMES R.
GOON WIN should be appointed in his stead.

3. STEINBERG and Respondents ROBERT A. PODESTA and PAUL A. DOWNEY
contend that STBINBERG was appointed for all purposes related to ALEX’s interests in the above-
captioned trust, that he is independent, and that he should not be removed.

4. At the close of a hearing on January 7, 2010, the Court, the Hon. Sue M. Kaplan,
Judge Pro Tempore, presiding, suggested that the parties consider stipulating to a mutually
acceptable guardian ad litem,

5. ‘The parties have agreed to the appointment of JOHN A. HARTOG (“HARTOG") as
guardian ad litem for ALEX for all purposes in connection with ALEX's interest in the above-
captioned trust, including, without imitation, acting on notices of proposed action, evaluating
potential claims on ALEX's behalf, prosecuting or declining to prosecute such clajms as he decm
appropriate, Upon joint request by the parties’ counsel, HARTOG has agreed to serve as guardian ad
litem for all such purposes. MR. HARTOG’s resume is altached hereta as “Exhibit B."

6. Upon HARTOG’s appointment, MALI will dismiss her claim for STEINBERG’s
removal and her petition for appointment of JAMES R, GOODWIN as guerdian ad litem, und
STEINBERG will resign as guardian ad litem.

7. Subsequent to HARTOG's appointment, STEINBERG may petition the Court for un
order juthorizing his compensation for serving as guardian ad litem and authorizing his counsel's
compensation for representing him in that capacity. If the Court approves such compensation, the
Court should, pursuant to Probate Code section 1003(c), determine the source of payment.

BRANTON & WILSON, APC

STIPULATION TO APPOINTMENT OF GUARDIAN AD LITEM,
Case No, PPR-09-292386 2Q

Date: b /2ejo

Date: Fido e240

Date: Rh. le Zolo

HA)

By:
DAVID W. BAER, Esq.,
Attormeys for Respondent

ELLIOT STEINBERG

LATHAM & CAMPISI

wy

By:

By:

JOUN A. TEsq.
Proposed Guardian ad Litem

Good cause appearing, IT IS SO ORDERED.

Date:

By: — a
JUDGE OF THE SUPERIOR COURT

STIPULATION TO ATFOINTMENT OF GUARDIAN AD LITEM

Case No. PTR.09-292386

beon a

02-16-2010 03:53PM FROM-BRANTONPAND WILSON elezsesou5 1-835 P.006 F408
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stal Bx number, and adgroxs}: POR COURT USE ONLY =
rere L, Kovar 61769

BRANTON & WILSON, APC

701 B Street, Suite 1255

San Diego CA 32103
teusponeno: 629 236-1891 raxnoyopionay 6L9 236-8005
GMALADORESS (opty: ~=—- SKOVar@brantonwilson.com

ATTORNGY FOR (omg: Mali Lise Fl
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

oyrect avongss:400 McAllister Street
‘MAMING AODRESS;
orvamozecoo:San Francisco CA 94102
DRANK NAME: PLOWALE
ESTATE OF joa) =
The Donald Alexander Flynn Trust dated
January 1, 2001

CONSERVATEE.

‘CASE NUMDER;
PTR-09-292386

HEARING DATE:

February 22, 2010

‘DEFT:
Probate - 204

ORDER APPOINTING GUARDIAN AD LITEM-PROBATE (_} EX PARTE

4. The petition for the appnintment of guardian ad litem for(ngme) :
Donald Alexander Flynn

. KI a minor (date cf birth): December 16, 1994

. a an Incapacitated person

Ta:

9:00 AM
‘an unborn person

an unascertajnad person

. C3 a parson whosy identity or address Is unknown

[} a designated cass of persons who are not ascertained or ere not in being
came on regularly for hearing as follows:

|. Judge (name) :

Hearing date: February 22, 2010 Time: 9:00 AM [K] Dept: Probate [K] Room: 204
The following persoris were present at the hearing:

(1) [2 Pathloner (name) :

(2) CC) Attomay far petitioner (name) :

(3) (2) Guardian sad item named in Item 4,

(4) Attorney for guardian ad titem (name) :

(§) Person named {n item 1.

(6) CL} Other (narne) =

‘THE COURT FINDS.
2. a. [X) Alinotices required by law have been given.

b. (2) Notice is dispensed with,
3. Itls reasonable and necessary to appoint a guardian ad litem for the person named In {tam 1.

THE COURT ORDERS
4, (Namg): John A. Hartog
Is hereby appointed guardian ad item of (name): Donald Alexander Flynn
for the purposes set fon in Items 5 and 6 of the petition.
5, Theguardianad item (Cl) is (XJ isNOT — authorized to walve or aisclaln any substantive rights of the represented
party without further order of this cour.
6. EX] Olner (specify. Continue on Atfachment 6 If necessary):
Notwithstanding anything in this order to the contracy, the GAL ic appointed for nll purposes with
rospact to the Trust, in accordance with tho attached stipulation of the partian.

7. (KK Number of pages attached: 7 __

meeoogD

rsxe

aor reco

Date: [&) sionstune rottows Lar ATTACHMENT
Pao tet t
Form Aadopid (or Maritary Uso ORDER APPOINTING GUARDIAN AD LITEM-PROBATE Probaie Codo, § 1003.
usta Counel of Golforna

DE-ISUGO+101 {Now January 1, 2004)
asin over, Donald Alexander Flynn Trust

seu FinsJohn A. Hartog - Certified Specialist, Estate Planning, Trust & Probate | sav, Taxation La... Page 1 of 3

Neer!

John A. Hartog is a California certified specialist in Estate Planning, Trust an
certified specialist in Taxation Law. Mr. Hartog's practice emphasizes
administration, including dispute resolution, and taxation matters. Mr. Harto
estates disputes. Mr. Hartog was admitted to the Bar in 1979. He earned an
Gate University of Law in 1984; his J.D. degree from Hastings College of
1979; and his B.A. degree, cum laude, from Pomona College in 1974.

Mr. Hartog is a Fellow of the American College of Trusts and Estates Cour
Executive Committee of the Trusts & Estates Section of the California Sta’
Estate Planning, Trust and Probate Law Advisory Commission to the B
California State Bar. Mr. Hartog has served as a Lecturer at the University
(Boalt Hall) where he taught “Wills and Trusts.”

Mr. Hartog has been selected by his peers as a “Super Lawyer” and one ¢
California” for the past five years. He has also been selected by Worth Ma;
Lawyers” for three consecutive years.

Mr. Hartog is a co-author of California Trust Practice, released by Matthew B
annually thereafter. Mr. Hartog is the lead consulting editor and a co-autho
California Wills & Trusts, a multi-volume treatise; he is also a legal consult
document assembly program. The treatise and document assembly program

1991 and have been updated annually thereafter. He is a past Executive Edi
Quarterly, the journal of the Trusts & Estates Section of the California State E

Mr. Hartog is the author of “The Trouble With Trusts” published in Vol.

Estates Quarterly (Winter, 2006); a co-author of “Can You Hear Me Now? D
New Rules” published in Vol. 11, No. 4 of the California Trusts & Estates Qu
Rest of the Story: No Contest Clauses Under the New Rules of Section 213(
California Trusts & Estates Quarterly (Fall, 2005); “Why Repealing the

published in Vol. 10, No. 3 of the California Trusts & Estates Quarterly (Fal
Tulsa-Land: The Dobler Effect on Creditors of Revocable Trusts” publishe
Trusts & Estates Quarterly (Summer 2004). He is also the co-author of “The
Moves On: Litigating and Using No Contest Clauses” published in Vol. 9, N
Quarterly (Winter 2004). Mr. Hartog is the author of “When Momma Won’t ]
issue of Facts & Findings, a National Association of Legal Assistants ma
“QPRTs for Co-Tenancy Interests - Do They Work?” published in Vol. €
Estates Quarterly (Fall 2000). Mr. Hartog is the author of “As the Trust Work
the California Trusts & Estates Quarterly (Winter 1999). Mr. Hartog is a ¢
Investment Power Under the California Uniform Prudent Investor Act,” €
(Spring 1999). Mr. Hartog is a co-author of “A Trustee’s Crime and Punis
Under the California Uniform Prudent Investor Act,” published in Vol. 4, Ne
Quarterly (Summer 1998). Mr. Hartog is the author of “Estate Planning Aspe
Asset after the 1997 Tax Reform Act,” published in Estate Planning, Ni
“Assisting the Nonprofessional Trustee in Implementing the Administratiy
Southern California Law School's Forty-Ninth Annual Institute on Federal
1997. Mr. Hartog is a co-author of “Tripping Over the Gopher Holes: An E
13,” published in Vol. 2, No. 4 and Vol. 2, No. 5 of the California Trusts é
Spring 1997). Mr. Hartog is the author of “Postmortem Trust Administration
Estate Planning, Trust & Probate News, 1995. He is a co-author of “Admin

http://www.jahartog.com/hartog_bio.htm 2/17/2010John A. Hartog - Certified Spe*™ist, Estate Planning, Trust & Probate Lewy, Taxation La... Page 2 of 3
aw ww

Over the Table Scraps,” published in Vol. 14, No. 4 of the Estate Plannin
Hartog is the author of “Keeping One's Balance When Traversing the Icy $
Upon the Death of the First Spouse,” published in 13 CEB Estate Planning a
13 CEB Estate Planning and California Probate Reporter 33; “California's °
Estate Planning and California Probate Reporter 77; “Disposition of Estates *
6 CEB Estate Planning and California Probate Reporter 41; and “An Exar
Benefit Rules,” published in Volume II, No. 2 of the Tax Exchange, a publica

Mr. Hartog spoke to the UCLA/CEB Estate Planning Institute in May 20(
Terrorem: Drafting No Contest Clauses Under The New Regime.” He presen
Conference of the Taxation of the California State Bar in February 2009
Representing Fiduciaries.” He presented to the ALI-ABA Conference in Ju
Administration regarding the “Ethical Issues Involved in Representing Trust
2008 California Judicial Education Probate and Mental Health Institute wh«
Clauses: Where They Are and Where They Are Going.” He spoke at the 27t1
Estate Planning Forum, discussing “An Alternative Strategy to the Bypass a
on “The Trouble with Trusts” to the Estate Planning Council of the Diablo Vz
on “The Law and Rules Governing the Nonprofessional Trustee’s Duty and P
Uniform Prudent Investor Act and the Peculiar Issues that Might Arise” in }
Southern California Tax and Estate Planning Forum. Mr. Hartog spoke on “
part of the ALLABA Advanced Estate Planning Forum in New Orleans i
“Administering Stale Trusts: How Can we Freshen Them Up?” to the U
November 2006, and on “Technology in an Estate Planning Practice “ to the
November 2005. He also spoke on “Mediation in Trusts and Estates Dispute
Estate Planning Forum in October 2004. He spoke on “Post-Mortem Tax P
Estate Planning Session in New Orleans, Louisiana in November 2004. Mr. 1
Estate Planning Forum in September 2004 on “Assisting a Trustee in Navigat
a lecturer to the California CPA Education Foundation on “Funding Sub-Trus
He spoke on “What You Don’t Know About Being a Trustee Will Make
Empire Estate Planning Council in February 2004. Mr. Hartog was a spe
Contest Clauses” for the Trusts and Estates Section of the California State Be
lectured on “Everything You Wanted To Know About The Administrative 1
Peninsula Chapter of CPA’s Society of Califoria in Redwood City, Ca
“Walking the Plank Without Falling in the Muck: Ethical Malpractice :
Trustees” at the Alameda County Bar Association Trusts and Estates Sectior
He also spoke on “Ethical Issues for Lawyers in Trust Administration and
Conference of the American Academy of Estate Planning Lawyers in Las Ve
spoke on “What to Do and Not Do with a Terminally Ill Client” for Lincoln
May 2003. He spoke on “Issues Arising from Representing Trustees” at the
Louis 14th Annual Institute on Estate Planning in April 2003. Mr. Hartog sp
Ethical, Practical and Malpractice Issues in Representing Trustees” at the
Planning Forum in San Diego in October 2002. Mr. Hartog lectured at the
Legal Education’s Post-Mortem Planning and Estate Administration in Bost
and in San Francisco in August, 2001. Mr. Hartog’s topic was “Federal E
spoke on “Ethical and Malpractice Issues in Representing Trustees” for t
California State Bar in July 2002. Mr. Hartog lectured at the California C
Estate Planning Institute in January 2001. Mr. Hartog’s topic was “Navigatin
Mr. Hartog co-lectured at The State Bar of Califomia Estate Planning, Tru
2001. Mr. Hartog’s topic was “Tax Planning and Tax Elections After Death.”

Mr. Hartog served as a faculty member of the Annual Estate Planning Ins
(PLD from 1993 through 2002. Topics included “Tax Planning After De:
Lifetime Transfers,” “A Trustee’s Crime and Punishment: Managing Fidu
Uniform Prudent Investor Act,” and “Estate Planning For Collectibles.”

Mr. Hartog lectured at the 49th Annual Institute on Federal Taxation, spo
California. Mr. Hartog’s topic was “Assisting the Nonprofessional Trustee
Trust.”

Mr. Hartog was a moderator-panelist for the 16th Annual Fall Program of the
Section of the State Bar of California. The topic of the program was “The Ad:

httn-//www.jahartog.com/hartog bio.htm 2/17/2010ma an ince aeNeRIRNSas CAN OUT NN

Jobn A. Hartog - Certified Speeist, Estate Planning, Trust & Probate sv, Taxation La... Page 3 of 3
“ao

ee

Death of the First Spouse.” Mr. Hartog also served as a panelist for the 18
Planning, Trust & Probate Law Section of the State Bar of California on a rek

Mr. Hartog lectured at the Chaminade University Tax Foundation 37th An
2000. His topic was “The Practitioner’s Primer on Trust Administration.”
Annual Hawaii Tax Institute in October 1999. Mr. Hartog’s topic was “Hoy
Trust Litigation Storm Clouds Gather.”

Mr. Hartog lectured at the San Francisco Financial Planning Association in
was “The Uniform Principal and Income Act (UPAIA).” Mr. Hartog lectur
Southern California 25th Annual Probate and Trust Conference in Novemb
and Outs of the Administrative Trust.”

Mr. Hartog has served as a panelist at the American College of Trust and Esi
Hartog’s topic was “Comparative Aspects of California Probate and Trust Ad

Mr. Hartog served as a panelist on a CEB program regarding “Basic Trust Di
a participant at the October 2001 Continuing Education of the Bar program,
Planning Practice.” He served as the Moderator for the annual Continuin
“Recent Developments in Estate Planning and Probate Administration” fror
panelist on a continuing education program regarding the “Post Death Admin
has also moderated continuing education programs on "Using California
“Drafting, Implementing and Administering Inter Vivos Revocable Trusts” in

Mr. Hartog has served as an instructor for the California CPA Foundation fo.
was a co-panelist in 2008 on an Advanced Workshop for Sophisticated Estat:
a continuing education course for accountants on “Personal Service Corpo
panelist for the American Institute of Certified Public Accountants National
“Buy-Sell Agreements for Personal Service Corporations.”

Mr. Hartog has spoken on “How to Protect You and Your Clients as Litiga
Pitfalls in Post Mortem Trust Administration” at the Stanislaus County Esta
He has spoken on “Transfer Taxes: Yesterday, Today & Tomorrow” at the Sc
in 2001.

Mr. Hartog is a member of the Alameda County, Contra Costa County, and A
is a member of the Tax Section and the Trusts & Estates Law Section of th:
member of the Taxation Section, and Real Property, Probate and Trust
Association. Mr. Hartog is admitted to practice before the California Supre
Appeals, the United States Tax Court, the District of Columbia Court of App
Appeals.

Mr. Hartog is a member of California Trust and Estate Counselors, LLP (“C
independent trust and estate attorneys with offices throughout California corr
services by drawing upon their collective knowledge and resources. Th
CALTEC group include family and business succession planning, post-deat
expert witness and consulting services, resolution of tax controversies, litigati
and many other areas.

98563. | Tels (25) 253-1717 | Fax: (925) 253-0334 |

~ 4 Orinda Way, la,
jahartog@calteclaw.com | Top 100 Lawyers

Lttn://Awary iahartog com/hartog bio.htm 2/17/2010SFO mY DW BW NY

~
~~ _

PROOF OF SERVICE

Iam employed in the City and County of San Francisco, California. I am over the age of 18
and am not a party to the within action. My business address is One Post Street, Suite 600, San
Francisco, California 94104.

On February 18, 2010, I served the documents described as:
STIPULATION TO APPOINTMENT OF GUARDIAN AD LITEM

on the interested parties to this action by placing a true and correct copy thereof enclosed
in a sealed envelope addressed as follows:

XX_ (BY MAIL) In accordance with the regular mail collection and processing practices
of Evans, Latham & Campisi, with which I am familiar, by means of which mail is
deposited postage paid with the U.S. Postal Service at San Francisco, California that
same day in the ordinary course of business, I deposited such sealed envelope for
mailing on this same date following ordinary business practices, addressed as
follows:

David W. Baer, Esq.
Hanson Bridgett LLP
425 Market St 26FL

San Francisco, CA 94105

Shirley L. Kovar
Branton & Wilson
701 B St Ste 1255
San Diego, CA 92101

(BY OVERNIGHT DELIVERY) By placing such sealed envelope, delivery fees paid, ina
facility regularly maintained by the USPS for receipt of Express Mail; or by placing such
sealed envelope, delivery fees paid, in a facility regularly maintained by an overnight
delivery service for receipt of such documents. (CCP § 1013), addressed as follows:

(BY FACSIMILE TRANSMISSION) By transmitting to a facsimile machine maintained by
the recipient at the facsimile machine telephone number as last given by that person.

(BY PERSONAL SERVICE)

By personally delivering copies to the person served.

I delivered such envelope by hand to the offices of the addressee pursuant to
C.C.P. § 1011.

I caused such envelope to be delivered by hand to the office of the addressee.

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

ifornia.

is true and correct. Executed on February 18, 2010 at Danan,

Vanessa Araujo

1
Proof of Service