On May 12, 2010 a
Motion-Secondary
was filed
involving a dispute between
Kwok, Jennifer Shuk-Han,
Kwong, Jeanne,
Ouyang, Feng,
Wong, Gary,
and
Kwok, Jennifer Shuk-Han,
Kwong, Jeanne,
Ouyang, Feng,
Stan Kwong Irrevocable Trust Ii,
Wong, Gary,
for OTHER PROBATE (petition by beneficiary to recover benefits of insurance proceeds from trustee on claims of breach of fiduciary duty, negligence and fraud)
in the District Court of San Francisco County.
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FREELAND COOPER & FOREMAN LLP.
150 Spear Street, Suite 1800
wm wwe WHY NY w w ~~ SalFrangisco,Califomia94105
oT A AWA RF BW YH = SOD ew IA DAH RF WwW ND
Daniel T. Bernhard (CSB #104229)
FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
San Francisco, California 94105
Telephone: (415) 541-0200
Facsimile: (415) 495-4332
Email: bernhard@freelandlaw.com
Attorneys for Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
PROBATE
IN RE: STAN KWONG IRREVOCABLE TRUST II. | CASE NO.: PES-09-293505
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
APPLICATION TO CONTINUE TRIAL
DATE
Date: April 25, 2017
Time: 11:00 a.m.
Location: Dept. 206
Judge: Hon. Teri L. Jackson
Trial date: June 1, 2017
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT.
Rule 6.0 (B)of the Local Rules of the San Francisco Superior Court provides that the
Presiding Judge has full control of all trial setting matters. Good cause exists for a continuance of the
presently set June 1, 2017 trial date to ensure that all witnesses are available, including Petitioner’s
designated insurance expert, Arthur Singer. Mr. Singer was engaged in this matter several months
ago, he has been deposed, and he was prepared and ready to testify in the April 17, 2017 trial of this
matter.
Unfortunately the continued trial date, to June 1, 2017, is at the start of Mr. Singer’s long
planned trip out of the United States as part of a large family reunion. It is impossible for him to
participate in the trial of this matter on behalf of Petitioner as re-scheduled to June 1, 2017.
Petitioner will be substantially prejudiced if she is forced to go to trial with her retained expert.
{00264165} 1
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO CONTINUE TRIAL DATEFREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
_San Francisco,
oo _
Calif
a wn
Counsel have generously indicated their willingness to accommodate a schedule change. All
counsel and most witnesses have confirmed that they are available for trial on June 26. A few
parties and witnesses remain unconfirmed as their schedules remain unclear. Petitioner believes that
this problem has arisen in sufficient time to permit a satisfactory schedule adjustment that is
convenient for all parties, and which avoids the drastic disadvantage to Petitioner of depriving her at
the last minute of one of her key experts in this lawsuit. There is no articulated significant prejudice
to any party by continuing the trial date for 3 weeks, until June 26, 2017
&
Dated: “April 24, 2017 Baw COOPER & FOREMAN LLP
os —" f
. Sta yr fs
By: Ane MY
DANIEL TY BERNFIARD
Attorneys for & j ,
{00264165} 2
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO CONTINUE TRIAL DATE
Document Filed Date
April 26, 2017
Case Filing Date
May 12, 2010
Category
OTHER PROBATE (petition by beneficiary to recover benefits of insurance proceeds from trustee on claims of breach of fiduciary duty, negligence and fraud)
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FREELAND COOPER & FOREMAN LLP. 150 Spear Street, Suite 1800 wm wwe WHY NY w w ~~ SalFrangisco,Califomia94105 oT A AWA RF BW YH = SOD ew IA DAH RF WwW ND Daniel T. Bernhard (CSB #104229) FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 Telephone: (415) 541-0200 Facsimile: (415) 495-4332 Email: bernhard@freelandlaw.com Attorneys for Petitioner SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO PROBATE IN RE: STAN KWONG IRREVOCABLE TRUST II. | CASE NO.: PES-09-293505 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO CONTINUE TRIAL DATE Date: April 25, 2017 Time: 11:00 a.m. Location: Dept. 206 Judge: Hon. Teri L. Jackson Trial date: June 1, 2017 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT. Rule 6.0 (B)of the Local Rules of the San Francisco Superior Court provides that the Presiding Judge has full control of all trial setting matters. Good cause exists for a continuance of the presently set June 1, 2017 trial date to ensure that all witnesses are available, including Petitioner’s designated insurance expert, Arthur Singer. Mr. Singer was engaged in this matter several months ago, he has been deposed, and he was prepared and ready to testify in the April 17, 2017 trial of this matter. Unfortunately the continued trial date, to June 1, 2017, is at the start of Mr. Singer’s long planned trip out of the United States as part of a large family reunion. It is impossible for him to participate in the trial of this matter on behalf of Petitioner as re-scheduled to June 1, 2017. Petitioner will be substantially prejudiced if she is forced to go to trial with her retained expert. {00264165} 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO CONTINUE TRIAL DATEFREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 _San Francisco, oo _ Calif a wn Counsel have generously indicated their willingness to accommodate a schedule change. All counsel and most witnesses have confirmed that they are available for trial on June 26. A few parties and witnesses remain unconfirmed as their schedules remain unclear. Petitioner believes that this problem has arisen in sufficient time to permit a satisfactory schedule adjustment that is convenient for all parties, and which avoids the drastic disadvantage to Petitioner of depriving her at the last minute of one of her key experts in this lawsuit. There is no articulated significant prejudice to any party by continuing the trial date for 3 weeks, until June 26, 2017 & Dated: “April 24, 2017 Baw COOPER & FOREMAN LLP os —" f . Sta yr fs By: Ane MY DANIEL TY BERNFIARD Attorneys for & j , {00264165} 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION TO CONTINUE TRIAL DATE