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IMMUNO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-30-2011 3:22 pm
Case Number: PES-10-293505
Filing Date: Dec-30-2011 3:22
Juke Box: 001 Image: 03437509
GENERIC PROBATE PLEADING
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P03437509
Instructions:
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FREELAND COOPER & FOREMAN LLP
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San Francisco, California 94105
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Daniel T. Bemhard. (CSB #104229) F, I & feo
FREELAND COOPER & FOREMAN LLP Sauniy of Ban
150 Spear Street, Suite 1800
San Francisco, California 94105 DEC § 6 2611
Telephone: (415) 541-0200
Facsimile: (415) 495-4332 CLERK OF THE GQUAT
Email: bernard@freelandlaw.com HK
Attorneys for Petitioner and Defendant
Jennifer Shuk-Han Kwok, Trustee, and Respondent and Defendant
California Financial Mortgage Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
CASE NO.: PES-09-293019
IN RE:
STANLEY CHONG KWONG,
CASENO.: PES-09-292733
ESTATE OF STANLEY CHONG KWONG, ‘
Deceased,
CASENO. PES-10-293505
JENNIFER SHUK-HAN KWOK
Petitioner
v.
JEANNE KWONG, individually and as a former
trustee of the Stan Kwong Irrevocable Trust II
Respondent.
CASE NO.: CGC-10-499028
LAU KWONG, et al
NOTICE OF ENTRY OF. ORDER
Plaintiffs
v.
JENNIFER SHUK-HAN KWOK, et al,
Defendants.
NOTICE OF ENTRY OF ORDER
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NOTICE IS HEREBY GIVEN that an Order Removing Current Trustee of the Stan Kwon
Trust and Appointing Successor Trustee; Instructions re: Trust Management and Administration via
entered in San Francisco. County Superior Court-on December 23,.2011. A true and correct copy of
the Order is attached hereto as Exhibit “A”.
Dated: DecemberZ¢ 2011 FREELAND COOPER & FORE!
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‘6meys for Petitioner and Defendant :
Jennifer Shuk-Han Kwok, Trustee, and
Respondent, and Defendant California Financial
Mortgage Corporation |
NOTICE OF ENTRY OF ORDER 2
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ENDORBER
Daniel T. Bernhard (CSB #104229) « ok
FREELAND COOPER & FOREMAN LLP tea |
pear Street, Suite 1800
San Francisco, Califomia 94105 DEC 23 201
Telephone; (415) 541-0200
Facsimile: (415) 495-4332 CLERK OFTHE COURT
. Email: be: d@freelandlaw.com . - _ Be ——LINDA FONG :
Attorneys for Petitioner and Defendant
Jennifer Shuk-Han Kwok, Trustée, and Respondent and Defendant
California Financial Mortgage Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
CASE NO.: PES-09-293019
2
5
STANLEY CHONG KWONG,
! CASE NO.: PES-09-292733 i
ESTATE OF STANLEY CHONG KWONG, i
Deceased,
CASENO. PES-10-293505
JENNIFER SHUK-HAN KWOK
Petitioner
Vv.
ANNE KWONG, individually and as a former
stee of the Stan Kwong Irrevocable Trust II
Respondent
CASE NO.: CGC-10-499028
|
AU KWONG, et al :
: ORDER REMOVING i
Plaintiffs CURRENT TRUSTEE OF THESTAN
v. KWONG TRUST AND APPOINTING |
SUCCESSOR TRUSTEE; INSTRUCTIONS
| JENNIFER SHUK-HAN KWOK, et al, RE: TRUST MANAGEMENT AND |
ADMINISTRATION i
Defendants. ;
+{PRGOPOSEDT ORDER REMOVING TRUSTEE OF THE STAN KWONG TRUST AND INSTRUCTIONS
RE: TRUST
{0015$037-1)
1FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
Counsel for the parties herein appeared at the hearing on Petitioner and Defendant's Mation to
Remove the Trustee of the Stan Kwong Trust and for Instructions on October 12, 2011, at 10:00 am.
in Courtroom 613 of the above entitled Court. Daniel T. Bernhard of the Law firm of Freeldnd
Cooper & Foreman LLP appeared on behalf _of the moving Party Jennifer Shuk-Han Kwong,
guardian for the primary beneficiaries of the Stan Kwong Trust. Paul Tour-Sarkissian of the Tour-
Sarkissian Law Offices appeared on behalf of the Stan Kwong Trust and Jeanne Kwong, trustee and
beneficiary of the Stan Kwong Trust, Carl Lippenberger of the Law Offices of Carl Lippenbergot
appeared on behalf Kimberly Gon.and Krista Gon, beneficiaries of the Stan Kwong Trust. Following
oc OB NH WA B® we
the Court's full consideration. of the pleadings and filings in support of and in opposition to fhe
10) motion, the other pleadings and records filed hérein, the argument of counsel at the hearing, and wed
11 || cause appearing, the Court finds and orders:as follows:
12 1. The current trustee of the Stan Kwong Trust, Jeanne Kwong, is hereby removed as the
3 13 || trustee of the Stan Kwong ‘Trust, i in accordance with Probate Code sections 15642 and 17200(b)( 0).
a 144 Jeanne Kwong shall relinquish control of all assets of the. Stan Kwong Trust, and of all books, records
£15 and files pertaining to the administration, management or assets of the Stan Kwong Trust, including
#16 all bank or account statements, original deeds or other documentation pertaining to any real property
Ay assets. She shall immediately tum over all such books, records, files and other materials to} the
a 18 successor trustee.
2. The Court hereby appoints Feng Ouyang as the successor trustee, in accordance with
section 9.1.1 of the Stan Kwong Trust, for all purposes of the administration and management of the
Stan Kwong Trust and its assets and obligations. |
3. , During the pendency of this litigation, or until further order of the Court, the duties and
responsibilities of the successor trustee shall be limited to preserving of the assets of the Stan Kwong
Trust; filing of tax returns or other timely filings as required of the Trust; completing an accounting;
making any such distributions as specifically required by the Trust; and meeting such other and
additional ordinary obligations of a trustee as specified in the Probate Code, including but not limited
to sections 15600 ef seg. Nothing in this Order shall or does modify or alter any of the terms or
conditions set forth in the Stan Kwong Trust.
{2ROROSED] ORDER REMOVING TRUSTEE OF THE STAN KWONG TRUST AND INSTRUCTIONS: 2
RE: TRUST
(00155037-1}FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800
San Francisco, Califomia 94105
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4. The successor trustee, on behalf of the Stan Kwong Trust, shall not prosecute or. defend
any claim or action now pending among the parties in the litigation herein, and shall not otherwise
participate or engage in any of the litigation between and among the various beneficiaries of the Stan
Kwong Trust and.other parties, except as may be required of any third-party. The Court finds that the
beneficiaries of the Stan Kwong Trust, who are already litigating the various disputes betiveen them,
are capable of continuing to represent. fully their own various interests now in dispute among them,
Nothing in this Order shall limit, alter or modify the Tights or obligations in the pending litigation of
any of the beneficiaries of the Stan Kowng Trust, or the other parties.
5. _ + The successor trustee shall file a report with the Court within 45 days of this Orderlher
| appointing in order to report on her activities and the condition of the assets of the Stan Kwong Tis,
to apprise the Court and the parties of any particular issues or matters of which the successor trustee
becomes aware, and to seek any further instruction, direction or guidance from the Court as|the
Successor trustee may determine is required at that time.
SO ORDERED
|
/ |
min DEC 22 200 by. ___ ERNESTH GOLDSMITH
—_ Judge, Superior Court
ERNEST H GOLDSMITH
{PROPOSED} ORDER REMOVING TRUSTEE OF THE STAN KWONG TRUST AND INSTRUCTIONS 3
RE: TRUST
(00155037-1)“150 Spear Street, Suite #800
San Francisco, California 94105
FREELAND COOPER & F' ‘OREMAN LLP
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1 PROOF OF SERVICE :
_ _ Tam employed in the City and County of San Francisco, State of California. I am over th age
21 of cighteen and not a party to the within action; my business address is 150 Spear Street, Suite 1800,
3 San Francisco, California 94105. i
i
4 On September 21, 2011, I served the foregoing documents described as follows: |
. . : . . I
[PROPOSED] ORDER REMOVING CURRENT TRUSTEE OF THE STAN KWONG
5 |} TRUST AND APPOINTING SUCCESSOR TRUSTEE; INSTRUCTIONS RE: TRUST
6 MANAGEMENT AND ADMINISTRATION
by placing a true and correct copy(ies) thereof enclosed in a sealed envelope addressed to the
7 || party(ies) of record whose name(s) and address(es) appear below: i
8 Carl Lippenberger Paul Tour-Sarkissian
Law Offices of Carl Lippenberger Tour-Sarkissian Law Offices
9 201 Tamal Vista Blvd. 211 Gough Street, 3 F}
10 Corte Madera,.CA 94925 San Francisco, CA 94102 !
fax. (415) 927-5210 fax: (415) 626-8189 ° ° :
il i t
. (service by Fax) (service by Fax} i
12 . |
° Richard M. Bryan Edward S. Zusman i
13 Bryan Hinshaw Markun Zusman & Compton, LLP 1
425 California Street, #900 465 Califomia Street, Suite 500 /
14 San Francisce, CA 94104 San Francisco, CA - |
fax (415) 296-0812.‘ fax (415) 434-4505 |
15 :
. (service by mail) (service by mail) |
16 :
_X_ [BY MAIL- CCP § 1013a) T caused such sealed envelope with postage thereon fully
prepaid to be placed in the United States mail at San Francisco, California, for collection
mailing to the office of addressee(s) on the date shown herein following ordinary busi I
tice, : i
Ke fey FACSIMILE - CCP § 1013(¢)] - 1 caused such document(s) to be transmitted via i
19 le electronic equipment transmission on the party(ies), whose name(s), address(es)
and fax number(s) are listed above, ‘on, the date stated berein and: at the time set forth on the
20 attached transmission reported indicating that the facsimile transmission was complete and
without error, ’ : . df
21 [BY FEDEX (Overnight Delivery) - CCP § 1013(c)] I caused such envelope to be |
“~~ delivered to the Federal Express Office in San Francisco, California, with whom we have a
22 direct billing account, to be delivered on the next business day. i
_X_ [STATE] I declare under penalty of perjury under the laws of the State of California that j
23 the above is true and correct. i
24
25
26
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Executed on September 21, 2011, at
___ [FEDERAL] Service was made under the direction of a mearper of the bar of this Court who
is admitted to practice and is not a party to th hae. fal .
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PROOF OF SERVICE
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__, Tam employed in the City and County of San Francisco, State of California,..I am over the age
of eighteen and not a party to the within action; my business address is 150 Spear Street, Suite 1800,
San Francisco, California 94105. i
IL
On December 30, 2011, I served the foregoing document described as follows: ,
NOTICE OF ENTRY OF ORDER
by placing a true and correct copy thereof enclosed in a sealed envelope addressed to the party(ies) of
record whose name(s) and address(es) appear below: ;
Carl Lippenberger Paul Tour-Sarkissian
Law Offices of Carl Lippenberger Tour-Sarkissian Law Offices :
201 Tamal Vista Blvd. 211 Gough Street, 3°? F] :
Corte Madera, CA 94925 San Francisco, CA 94102 |
Richard M, Bryan Edward S. Zusman |
Bryan Hinshaw Markun Zusman & Compton, LLP
425 Califomia Street, #900 465 California Street, Suite 500
San Francisco, CA 94104 San Francisco, CA
_X_ [BY MAIL - CCP § 1013a] I caused such sealed envelope with postage thereon fully
prepaid to be placed in the United States mail at San Francisco, California, for collection and i
mailing to the office of addressee(s) on the date shown herein following ordinary business i
practice. ;
___ [HAND-DELIVER Y/Personal/Messenger - CCP § 1011) I caused such envelope to be I
hand-delivered by a-courier, who personally delivered such envelope to the office of the |
adreaseels) on the date herein,
__. [BY FACSIMILE - CCP § 1013(¢)] - I caused. such document(s) to be transmitted via |
facsimile electronic. equipment: transmission on the party(ies), whose name(s), address(es) |
and fax number(s) are listed above, on the date stated herein and at the time sét forth on the
attached transmission reported indicating that the facsimile transmission was complete and |
without error. a i
__ [BY E-MAIL or ELECTRONIC TRANSMISSION] Based on-a court order or agreement of [
the parties to accept service by e-niail or electronic transmission, I caused the documents to
be sent to the persons at the email addresses listed above. I did not reccive within a |
reasonable time after the transmission, any electronic message or other indication that the |
transmission was unsuccessful.
[STATE] I declare under penalty of perjury under the laws of the State of California that i
the above is true and correct. |
__. [FEDERAL] Service was made under the direetion.of a m the bar of this Court who |
is admitted to practice and is not a party jo This tase sy
Executed on December, “0, 2011, at
{00158562}