On May 12, 2010 a
Order
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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MOA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-04-2017 11:01 am
Case Number: PES-10-293505
Filing Date: Apr-04-2017 11:01
Filed by: NANCY B. WONG
_ Image: 05807494
ORDER
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P05807494
Instructions:
Please place this sheet on top of the document to be scanned.c AT
yor THe Coe
CLER! pond Cie
VEZ Dewey
ne
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CASE NO. PES-10-293505
JENNIFER SHUK-HAN KWOK,
ORDER DENYING RESPONDENT’S
Petitioner. MOTION FOR SUMMARY JUDGMENT
? OR IN THE ALTERNATIVE SUMMARY
v. ADJUDICATION
JEANNE KWONG, individually and as a pate: January 26, 2017
former trustee of the Stan Kwong Dept: 204 Pam
Irrevocable Trust II,
Respondent.
{a
AND RELATED CROSS-PETITIONS
Respondent Jeanne Kwong’s Motion for Summary Judgement or in the Alternative for Summary
Adjudication came on for hearing on January 26, 2017 in Department 204 of the San Francisco County
Superior Court, before the Honorable John K. Stewart. The hearing was thereafter continued to February
9, 2017 for additional argument. Daniel T. Bernhard appeared for Petitioner Jennifer Shuk-Han Kwok, as
Executor of the estate of Stanley Chong Kwong, and as Trustee of the Marital Trust under the Stanley
Kwong and Jennifer Kwok Revocable Trust. Phil Foster appeared for Respondent and moving party
Jeanne Kwong. Edward Zusman appeared for Respondent Gary Wong.
Having considered all papers, evidence, and argument presented in support of and in opposition to
the Motion and the record herein, and good cause appearing therefor,
1
Order PES-10-293505— Order Denying Motion for Summary Judgment Or in the Alternative Summary AdjudicationOo Om YN DH BF Ww NY
RN N NY NY NR NN Bee we ee Re eR es Re
Be &RKRBSERBSSERVUAR ABE SEORSTS
IT IS, HEREBY ORDERED that:
The Motion is DENIED. There are triable issues of material fact with respect to the nature and
extent of damages. Respondent offered evidence that even though the life insurance benefits were not
distributed to any of the trusts, Petitioner suffered no loss as a result of a decrease in the amount of
income tax paid by Decedent’s Estate. Petitioner countered that she suffered damages as a result of the
Respondent’s failure to change the named beneficiary of the life insurance policy; disputed the tax
liability calculations; and claimed damages for loss of use and interest. Therefore, there are triable issues
of material fact as to damages resulting from Respondent’s failure to transfer interest in the life insurance
policy, and as to damages for loss of use and interest.
IT IS SO ORDERED.
—> ,
Dated: 5/30//F- De f <
. John K. Stewart
Judge of the Superior Court
‘ 2
Order PES-10-293505— Order Denying Motion for Summary Judgment Or in the Alternative Summary Adjudication24
25
In Re: Stan Kwong Irrevocable Trust Case No. PES-10-293505
CERTIFICATE OF SERVICE BY MAIL (C.C.P. §1013)
The undersigned certifies, under penalty of perjury, that | am over the age of 18 years,
employed in the County of San Francisco, and not a party to the within action. | served
the attached ORDER DENYING RESPONDENT’S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION by enclosing a
true copy thereof in an envelope(s) addressed as shown below and placing the
envelope(s) for collection and mailing on April 04, 2017 in San Francisco, California
following the Court's ordinary practices. | am readily familiar with the Court's practice for
collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
Caroline K. Hinshaw Daniel T. Bernhard
425 California Street, Ste. 300 Freeland, Cooper & Foreman LLP
San Francisco, CA 94104 150 Spear Street, Ste. 1800
San Francisco, CA 94105
Paul Tour-Sarkissian Edward S. Zusman
Tour-Sarkissian Law Offices Markun, Zusman & Compton, LLP
211-Gough Street, 3° Floor 465 California Street, 5" Floor
San Francisco, CA 94102 Suite 500 .
San Francisco, CA 94104
Dated: April 04, 2017 By:
Nancy B\ Wong
Document Filed Date
April 04, 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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MOA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-04-2017 11:01 am Case Number: PES-10-293505 Filing Date: Apr-04-2017 11:01 Filed by: NANCY B. WONG _ Image: 05807494 ORDER IN RE: STAN KWONG IRREVOCABLE TRUST II 001P05807494 Instructions: Please place this sheet on top of the document to be scanned.c AT yor THe Coe CLER! pond Cie VEZ Dewey ne SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO CASE NO. PES-10-293505 JENNIFER SHUK-HAN KWOK, ORDER DENYING RESPONDENT’S Petitioner. MOTION FOR SUMMARY JUDGMENT ? OR IN THE ALTERNATIVE SUMMARY v. ADJUDICATION JEANNE KWONG, individually and as a pate: January 26, 2017 former trustee of the Stan Kwong Dept: 204 Pam Irrevocable Trust II, Respondent. {a AND RELATED CROSS-PETITIONS Respondent Jeanne Kwong’s Motion for Summary Judgement or in the Alternative for Summary Adjudication came on for hearing on January 26, 2017 in Department 204 of the San Francisco County Superior Court, before the Honorable John K. Stewart. The hearing was thereafter continued to February 9, 2017 for additional argument. Daniel T. Bernhard appeared for Petitioner Jennifer Shuk-Han Kwok, as Executor of the estate of Stanley Chong Kwong, and as Trustee of the Marital Trust under the Stanley Kwong and Jennifer Kwok Revocable Trust. Phil Foster appeared for Respondent and moving party Jeanne Kwong. Edward Zusman appeared for Respondent Gary Wong. Having considered all papers, evidence, and argument presented in support of and in opposition to the Motion and the record herein, and good cause appearing therefor, 1 Order PES-10-293505— Order Denying Motion for Summary Judgment Or in the Alternative Summary AdjudicationOo Om YN DH BF Ww NY RN N NY NY NR NN Bee we ee Re eR es Re Be &RKRBSERBSSERVUAR ABE SEORSTS IT IS, HEREBY ORDERED that: The Motion is DENIED. There are triable issues of material fact with respect to the nature and extent of damages. Respondent offered evidence that even though the life insurance benefits were not distributed to any of the trusts, Petitioner suffered no loss as a result of a decrease in the amount of income tax paid by Decedent’s Estate. Petitioner countered that she suffered damages as a result of the Respondent’s failure to change the named beneficiary of the life insurance policy; disputed the tax liability calculations; and claimed damages for loss of use and interest. Therefore, there are triable issues of material fact as to damages resulting from Respondent’s failure to transfer interest in the life insurance policy, and as to damages for loss of use and interest. IT IS SO ORDERED. —> , Dated: 5/30//F- De f < . John K. Stewart Judge of the Superior Court ‘ 2 Order PES-10-293505— Order Denying Motion for Summary Judgment Or in the Alternative Summary Adjudication24 25 In Re: Stan Kwong Irrevocable Trust Case No. PES-10-293505 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §1013) The undersigned certifies, under penalty of perjury, that | am over the age of 18 years, employed in the County of San Francisco, and not a party to the within action. | served the attached ORDER DENYING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION by enclosing a true copy thereof in an envelope(s) addressed as shown below and placing the envelope(s) for collection and mailing on April 04, 2017 in San Francisco, California following the Court's ordinary practices. | am readily familiar with the Court's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. Caroline K. Hinshaw Daniel T. Bernhard 425 California Street, Ste. 300 Freeland, Cooper & Foreman LLP San Francisco, CA 94104 150 Spear Street, Ste. 1800 San Francisco, CA 94105 Paul Tour-Sarkissian Edward S. Zusman Tour-Sarkissian Law Offices Markun, Zusman & Compton, LLP 211-Gough Street, 3° Floor 465 California Street, 5" Floor San Francisco, CA 94102 Suite 500 . San Francisco, CA 94104 Dated: April 04, 2017 By: Nancy B\ Wong