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IOC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-03-2010 2:38 pm
Case Number: PES-10-293505
Filing Date: Jun-03-2010 2:36
Juke Box: 001 Image: 02868728
SUBSEQUENT PROBATE PETITION
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P02868728
Instructions:
Please place this sheet on top of the document to be scanned.Paul Tour-Sarkissian (SBN 123467)
Michael Griffin (SBN 258662)
Phit Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES
211 Gough Street, Third Floor
San Francisco, CA 94102
Telephone: (415) 626-7744
Facsimile: (415) 626-8189
Attorneys for Cross-Petitioner
JEANNE KWONG
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PROBATE DIVISION
JENNIFER SHUK-HAN KWOK,
Petitioner,
v.
JEANNE KWONG, individually and as a former
trustee of the Stan Kwong Irrevocable Trust II,
Respondent.
JEANNE KWONG,
Cross-Petitioner,
v.
FENG OUYANG, individually and as a trustee of
the Stan Kwong Irrevocable Trust II, JENNIFER
SHUK-HAN KWOK, and Roes 1 through 20,
inclusive,
Cross-Respondents.
Case No. PES-10-293505
CROSS-PETITION
BY JEANNE KWONG
FOR INDEMNITY, CONTRIBUTION,
INTENTIONAL INTERFERENCE WITH
CONTRACTUAL
RELATIONS, AND
DECLARATORY RELIEF
Date: June 9, 2010
Time: 9:00 A.M.
Dept: 204
Judge: Hon. M. Wiss
JUL 2 0 2010
1
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, INTENTIONAL
INTERFERENCE WITH CONTRACTUAL RELATIONS, AND DECLARATORY RELIEF~
x a
In her Cross-Petition herein, Cross-Petitioner Jeanne Kwong (“Kwong”) alleges as follows:
GENERAL ALLEGATIONS
1. Cross-Petitioner Kwong is an individual and is now, and at all times mentioned in the
Cross-Petition was, a resident of San Francisco County, California. Cross-Petitioner Kwong works in
the field of public health, and holds no certifications or licenses in the fields of insurance or
investments.
2. Cross-Respondent Jennifer Shuk-Han Kwok (“Kwok”) is an individual and is now, and
at all times mentioned in the Cross-Petition was, a resident of San Francisco County, California.
Cross-Respondent Kwok is the Petitioner in the above-referenced Petition by Beneficiary to Recover
Benefits of Insurance Proceeds from Trustee on Claims of Breach of Fiduciary Duty, Negligence and
Fraud (“Petition”) filed in this Court on May 12, 2010.
3. Cross-Petitioner Kwong is informed and believes and thereon alleges that since 1983
Cross-Respondent Kwok has been a licensed resident insurance producer, and that she holds Insurance
License #0641491 issued by the State of California, which license is in full force and effect for life,
accident and health insurance.
4. Cross-Petitioner Kwong is informed and believes and thereon alleges that since 1989
and at all times relevant hereto Cross-Respondent Kwok was authorized to conduct insurance
transactions on behalf of Lincoln Benefit Life Company (“Lincoln Benefit”) for life, accident and
health insurance. Cross-Petitioner Kwong is further informed and believes and thereon alleges that
Cross-Respondent Kwok was at all times relevant hereto the insurance representative for Lincoln
Benefit Policy No. U0148138 (“Lincoln Policy”) issued to Stanley C. Kwong (“Stan Kwong”) on July
1, 1990 in the face amount of $1,000,000.
5. Cross-Respondent Feng Ouyang (“Ouyang”) is an individual and is now, and at all
times mentioned in the Cross-Petition was, a resident of San Francisco County, California. Cross-
Petitioner Kwong is informed and believes and thereon alleges that Cross-Respondent Ouyang is a
2
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEFcousin of, or is otherwise related by blood or marriage to, Cross-Respondent Kwok.
6. Cross-Petitioner Kwong is informed and believes and thereon alleges that Gary C.
Wong has been a licensed resident insurance producer since 1998, holding Insurance License
#0636464 issued by the State of California, which license is in full force and effect for life, accident
and health, and variable contracts. Cross-Petitioner Kwong is further informed and believes and
thereon alleges that Gary C. Wong was authorized at all times relevant hereto to conduct insurance
transactions on behalf of Lincoln Benefit for life, accident and health insurance.
7. Cross-Petitioner Kwong is informed and believes and thereon alleges that Gary C.
Wong is and at all times relevant hereto was the holder of securities brokerage license CRD #1094213
from the Financial Industry Regulatory Authority and that he is and at all times relevant hereto was
certified as a financial planner by the Certified Financial Planner Board of Standards, Inc. Cross-
Petitioner Kwong is further informed and believes and thereon alleges that at all times relevant hereto
Stan Kwong and Cross-Respondent Kwok retained Gary C. Wong as their insurance agent to assist
them and/or to represent them concerning the matters herein alleged.
8. Cross-Petitioner Kwong is informed and believes and thereon alleges that Cross-
Respondent Kwok and Stan Kwong retained attorney Faye Lee aka Faye Lee Bresler to draft a trust
and other documents relating to the matters herein alleged. Cross-Petitioner Kwong is further
informed and believes and thereon alleges that Faye Lee aka Faye Lee Bresler is licensed to practice
law in the State of California and is and at all times relevant hereto was a member in good standing of
the State Bar of California.
9. Cross-Petitioner Kwong is informed and believes and thereon alleges that a trust
agreement prepared by or under the direction of Faye Lee aka Faye Lee Bresler was executed by Stan
Kwong on September 8, 2008 (“Trust Agreement”) purporting to establish the Stanley Kwong
Irrevocable Trust II (“Kwong Trust”) and naming Cross-Respondent Kwok as a beneficiary.
10. The Trust Agreement states in Paragraph 2 thereof that the property of the Kwong Trust
3
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEFis listed in Schedule A to the Trust Agreement. Schedule A to the Trust Agreement was never
completed and does not list any item of Stan Kwong’s property.
ll. Cross-Petitioner Kwong is informed and believes and thereon alleges that Faye Lee aka
Faye Lee Bresler, in the context of funding the Kwong Trust and as one of various options for such
funding, advised that in order to transfer to the Kwong Trust an existing life insurance policy naming
Stan Kwong as insured (a) that Stan Kwong transfer such existing policy by naming the Kwong Trust
as the owner and beneficiary of such policy, and (b) that an insurance agent prepare a change of
ownership and beneficiary designation on the insurance company’s form.
12. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times
relevant hereto and from and after September 8, 2008, Stan Kwong controlled the Lincoln Policy and
gave instructions and directions directly to Gary C. Wong concerning the Lincoln Policy.
13. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times
relevant hereto and from and after September 8, 2008, Cross-Respondent Kwok, as the Lincoln
Benefit representative and as a beneficiary of the Kwong Trust, controlled the Lincoln Policy and
gave instructions and directions directly to Gary C. Wong concerning the Lincoln Policy, separately
and as part of other instructions concerning various life insurance policies, thus intentionally
interfering with the administration of the Kwong Trust.
14. Cross-Respondent Ouyang executed a Co-Trustees’ Acceptance dated September 8,
2008, whereby she accepted appointment as a co-trustee of the Kwong Trust and she agreed to hold,
administer and distribute the estate of the Kwong Trust in accordance with the Trust Agreement.
15. Cross-Petitioner Kwong is informed and believes and thereon alleges that from and after
September 8, 2008, Cross-Respondent Ouyang completely abdicated, failed to act, and deliberately
refused any participation in the administration of the Kwong Trust, despite her appointment as its co-
trustee.
16. Stan Kwong died on July 8, 2009.
4
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEF€
y
17. Cross-Petitioner Kwong resigned as co-trustee of the Kwong Trust on August 24, 2009.
Cross-Respondent Ouyang remained the sole trustee of the Kwong Trust.
18. Cross-Petitioner Kwong is informed and believes and thereon alleges that on and after
August 24, 2009, Cross-Respondent Ouyang continued to completely abdicate, continued to fail to
act, and continued to deliberately refuse any participation in the administration of the Kwong Trust,
despite her appointment as sole trustee of the Kwong Trust.
19. Cross-Petitioner Kwong does not know the true names of Cross-Respondent Roes 1
through 20, inclusive, and based thereon sues them by those fictitious names. Cross-Petitioner Kwong
is informed and believes and thereon alleges that each of those Cross-Respondents was in some manner
responsible for the events and happenings alleged in the Petition and for Petitioner’s alleged injuries
and damages and is obligated to defend and indemnify Cross-Petitioner Kwong. Cross-Petitioner
Kwong will seek leave to amend this Cross-Petition to allege the Roes’ true names and capacities when
ascertained.
20. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times
relevant herein, each of the Cross-Respondents above named was the agent, servant and employee of
each of the remaining Cross-Respondents, and each was acting in the course and scope of such agency
or employment or as a principal and with the express knowledge, permission and/or consent of each of
the remaining Cross-Respondents by reason of which each of the remaining Cross-Respondents are
liable to Cross-Petitioner Kwong for the relief herein prayed for.
21. Without admitting any of the allegations of the Petition, Cross-Petitioner Kwong refers
to, and incorporates in this Cross-Petition by reference, the Petition filed in this matter.
FIRST CAUSE OF ACTION
(Indemnity Against Cross-Respondent Ouyang)
22. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 21 of the
Cross-Petition as though fully set forth herein.
5
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEFQO
23. Cross-Petitioner Kwong denies that she is in any manner responsible for Petitioner’s
alleged injuries and damages. If, however, liability is imposed on Cross-Petitioner Kwong as a result of
matters alleged in the Petition, that liability could only be derivative from or concurrent with the acts
and liability of Cross-Respondent Ouyang.
24, If liability is imposed on Cross-Petitioner Kwong as a result of the matters alleged in
the Petition, Cross-Respondent Ouyang has an equitable duty to indemnify Cross-Petitioner Kwong,
either totally or in proportion to the relative degree of fault of each party to this action, for such
liability.
25. Cross-Respondent Ouyang had a duty to participate in the administration of the Kwong
Trust. Cross-Respondent Ouyang had a duty to take actions on behalf of the Kwong Trust. Cross-
Respondent Ouyang had a duty to take steps on behalf of the Kwong Trust to resolve issues pertinent
to the Lincoln Policy. On information and belief, Cross-Petitioner Kwong thereon alleges that Cross-
Respondent Ouyang breached these duties, and that this breach was the proximate cause of acts,
omissions, representations and courses of conduct that allegedly caused Petitioner/Cross-Respondent
Kwok’s alleged injuries.
WHEREFORE, Cross-Petitioner Kwong prays for judgment against Cross-Respondent as
hereinafter set forth.
SECOND CAUSE OF ACTION
(Contribution Against Cross-Respondent Ouyang)
26. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 25 of the
Cross-Petition as though fully set forth herein.
27. Cross-Petitioner Kwong denies that she is in any manner responsible for Petitioner’s
injuries and damages. If, however, liability is imposed on Cross-Petitioner Kwong as a result of matters
alleged in the Petition, that liability could only be derivative from or concurrent with the acts and
liability of Cross-Respondent Ouyang.
6
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEF28. If liability is imposed on Cross-Petitioner Kwong as a result of the matters alleged in
the Petition, Cross-Petitioner Kwong is entitled to equitable contribution from Cross-Respondent
Ouyang, in proportion to the relative degree of fault of each party to this action, for such liability.
29. Cross-Respondent Ouyang had a duty to participate in the administration of the Kwong
Trust. Cross-Respondent Ouyang had a duty to take actions on behalf of the Kwong Trust. Cross-
Respondent Ouyang had a duty to take steps on behalf of the Kwong Trust to resolve issues pertinent to
the Lincoln Policy. On information and belief, Cross-Petitioner Kwong thereon alleges that Cross-
Respondent Ouyang breached these duties, and that this breach was the proximate cause of acts,
omissions, representations and courses of conduct that allegedly caused Petitioner/Cross-Respondent
Kwok’s alleged injuries.
WHEREFORE, Cross-Petitioner Kwong prays for judgment against Cross-Respondent as
hereinafter set forth.
THIRD CAUSE OF ACTION
(Declaratory Relief against All Cross-Respondents)
30. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 29 as
though fully set forth herein.
31. An actual controversy exists between the parties hereto with respect to whether Cross-
Petitioner Kwong is in any manner responsible for Cross-Respondent Kwok’s alleged injuries and
damages as alleged in the Petition, which Cross-Petitioner Kwong denies and alleges that if she is held
liable to Cross-Respondent Kwok or anyone else for damages as a result of the incidents and
occurrences alleged in the Petition, that liability could only be derivative from or concurrent with the
acts and liability of Cross-Respondent Ouyang and Cross-Respondent Kwok, and each of them acted
intentionally or were grossly negligent and/or reckless as a result of their own acts and omissions.
32. Cross-Petitioner Kwong desires a judicial determination of the rights and duties of the
parties with respect to the matters alleged in the Cross-Petition.
7
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEFo~ ~
New! wt
1 WHEREFORE, Cross-Petitioner Kwong prays for judgment as follows:
2 ON THE FIRST CAUSE OF ACTION:
3 1. To enter a judgment declaring the rights of Cross-Petitioner Kwong to total or partial
4|| indemnification from Cross-Respondent Ouyang and apportioning the liability of Cross-Petitioner
5 || Kwong and Cross-Respondent Ouyang on the basis of their comparative fault in the event the court
6 || determines that they are liable for the damages alleged in the Petition;
7 2. To enter a judgment declaring the obligation of Cross-Respondent Ouyang to defend
8 || Cross-Petitioner Kwong in this action, to represent the interest of Cross-Petitioner Kwong, and to hold
9 |] Cross-Petitioner Kwong harmless, either totally or in proportion to the relative fault of the parties, for
10]|| any judgment or settlement.
11 ON THE SECOND CAUSE OF ACTION:
12 1. To enter a judgment declaring the rights of Cross-Petitioner Kwong to total or partial
13 || contribution from Cross-Respondent Ouyang and apportioning the liability of Cross-Petitioner Kwong
14 || and Cross-Respondent Ouyang on the basis of their comparative fault in the event the court determines
15 || that they are liabie for the damages alleged in the Petition;
16 2. To enter a judgment declaring the obligation of Cross-Respondent Ouyang to defend
17 || Cross-Petitioner Kwong in this action, to represent the interest of Cross-Petitioner Kwong, and to hold
18 || Cross-Petitioner Kwong harmless, either totally or in proportion to the relative fault of the parties, for
19 || any judgment or settlement.
20 ON THE THIRD CAUSE OF ACTION:
21 A judicial declaration of all the rights and duties of the parties with respect to the matters
22 || alleged in this Cross-Petition.
23 ON ALL CAUSES OF ACTION:
24 1. For reasonable attorney’s fees;
25 2. For costs of suit herein;
8
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEFQ)
1 3. For such other and further relief as the Court deems proper.
3 Dated: June 3 2010 TOUR-SARKISSIAN LAW OFFICES
9
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEF0)
O
VERIFICATION
I, Jeanne Kwong, the Cross-Petitioner in this matter, have read the foregoing Cross-Petition and
know the contents thereof; I certify that the same is true of my own knowledge, except as to the matters
therein stated on 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 June 3, 2010 at San Francisco, California.
f
CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY
RELIEF
Preview
IOC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-03-2010 2:38 pm Case Number: PES-10-293505 Filing Date: Jun-03-2010 2:36 Juke Box: 001 Image: 02868728 SUBSEQUENT PROBATE PETITION IN RE: STAN KWONG IRREVOCABLE TRUST II 001P02868728 Instructions: Please place this sheet on top of the document to be scanned.Paul Tour-Sarkissian (SBN 123467) Michael Griffin (SBN 258662) Phit Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES 211 Gough Street, Third Floor San Francisco, CA 94102 Telephone: (415) 626-7744 Facsimile: (415) 626-8189 Attorneys for Cross-Petitioner JEANNE KWONG SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PROBATE DIVISION JENNIFER SHUK-HAN KWOK, Petitioner, v. JEANNE KWONG, individually and as a former trustee of the Stan Kwong Irrevocable Trust II, Respondent. JEANNE KWONG, Cross-Petitioner, v. FENG OUYANG, individually and as a trustee of the Stan Kwong Irrevocable Trust II, JENNIFER SHUK-HAN KWOK, and Roes 1 through 20, inclusive, Cross-Respondents. Case No. PES-10-293505 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS, AND DECLARATORY RELIEF Date: June 9, 2010 Time: 9:00 A.M. Dept: 204 Judge: Hon. M. Wiss JUL 2 0 2010 1 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS, AND DECLARATORY RELIEF~ x a In her Cross-Petition herein, Cross-Petitioner Jeanne Kwong (“Kwong”) alleges as follows: GENERAL ALLEGATIONS 1. Cross-Petitioner Kwong is an individual and is now, and at all times mentioned in the Cross-Petition was, a resident of San Francisco County, California. Cross-Petitioner Kwong works in the field of public health, and holds no certifications or licenses in the fields of insurance or investments. 2. Cross-Respondent Jennifer Shuk-Han Kwok (“Kwok”) is an individual and is now, and at all times mentioned in the Cross-Petition was, a resident of San Francisco County, California. Cross-Respondent Kwok is the Petitioner in the above-referenced Petition by Beneficiary to Recover Benefits of Insurance Proceeds from Trustee on Claims of Breach of Fiduciary Duty, Negligence and Fraud (“Petition”) filed in this Court on May 12, 2010. 3. Cross-Petitioner Kwong is informed and believes and thereon alleges that since 1983 Cross-Respondent Kwok has been a licensed resident insurance producer, and that she holds Insurance License #0641491 issued by the State of California, which license is in full force and effect for life, accident and health insurance. 4. Cross-Petitioner Kwong is informed and believes and thereon alleges that since 1989 and at all times relevant hereto Cross-Respondent Kwok was authorized to conduct insurance transactions on behalf of Lincoln Benefit Life Company (“Lincoln Benefit”) for life, accident and health insurance. Cross-Petitioner Kwong is further informed and believes and thereon alleges that Cross-Respondent Kwok was at all times relevant hereto the insurance representative for Lincoln Benefit Policy No. U0148138 (“Lincoln Policy”) issued to Stanley C. Kwong (“Stan Kwong”) on July 1, 1990 in the face amount of $1,000,000. 5. Cross-Respondent Feng Ouyang (“Ouyang”) is an individual and is now, and at all times mentioned in the Cross-Petition was, a resident of San Francisco County, California. Cross- Petitioner Kwong is informed and believes and thereon alleges that Cross-Respondent Ouyang is a 2 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEFcousin of, or is otherwise related by blood or marriage to, Cross-Respondent Kwok. 6. Cross-Petitioner Kwong is informed and believes and thereon alleges that Gary C. Wong has been a licensed resident insurance producer since 1998, holding Insurance License #0636464 issued by the State of California, which license is in full force and effect for life, accident and health, and variable contracts. Cross-Petitioner Kwong is further informed and believes and thereon alleges that Gary C. Wong was authorized at all times relevant hereto to conduct insurance transactions on behalf of Lincoln Benefit for life, accident and health insurance. 7. Cross-Petitioner Kwong is informed and believes and thereon alleges that Gary C. Wong is and at all times relevant hereto was the holder of securities brokerage license CRD #1094213 from the Financial Industry Regulatory Authority and that he is and at all times relevant hereto was certified as a financial planner by the Certified Financial Planner Board of Standards, Inc. Cross- Petitioner Kwong is further informed and believes and thereon alleges that at all times relevant hereto Stan Kwong and Cross-Respondent Kwok retained Gary C. Wong as their insurance agent to assist them and/or to represent them concerning the matters herein alleged. 8. Cross-Petitioner Kwong is informed and believes and thereon alleges that Cross- Respondent Kwok and Stan Kwong retained attorney Faye Lee aka Faye Lee Bresler to draft a trust and other documents relating to the matters herein alleged. Cross-Petitioner Kwong is further informed and believes and thereon alleges that Faye Lee aka Faye Lee Bresler is licensed to practice law in the State of California and is and at all times relevant hereto was a member in good standing of the State Bar of California. 9. Cross-Petitioner Kwong is informed and believes and thereon alleges that a trust agreement prepared by or under the direction of Faye Lee aka Faye Lee Bresler was executed by Stan Kwong on September 8, 2008 (“Trust Agreement”) purporting to establish the Stanley Kwong Irrevocable Trust II (“Kwong Trust”) and naming Cross-Respondent Kwok as a beneficiary. 10. The Trust Agreement states in Paragraph 2 thereof that the property of the Kwong Trust 3 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEFis listed in Schedule A to the Trust Agreement. Schedule A to the Trust Agreement was never completed and does not list any item of Stan Kwong’s property. ll. Cross-Petitioner Kwong is informed and believes and thereon alleges that Faye Lee aka Faye Lee Bresler, in the context of funding the Kwong Trust and as one of various options for such funding, advised that in order to transfer to the Kwong Trust an existing life insurance policy naming Stan Kwong as insured (a) that Stan Kwong transfer such existing policy by naming the Kwong Trust as the owner and beneficiary of such policy, and (b) that an insurance agent prepare a change of ownership and beneficiary designation on the insurance company’s form. 12. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times relevant hereto and from and after September 8, 2008, Stan Kwong controlled the Lincoln Policy and gave instructions and directions directly to Gary C. Wong concerning the Lincoln Policy. 13. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times relevant hereto and from and after September 8, 2008, Cross-Respondent Kwok, as the Lincoln Benefit representative and as a beneficiary of the Kwong Trust, controlled the Lincoln Policy and gave instructions and directions directly to Gary C. Wong concerning the Lincoln Policy, separately and as part of other instructions concerning various life insurance policies, thus intentionally interfering with the administration of the Kwong Trust. 14. Cross-Respondent Ouyang executed a Co-Trustees’ Acceptance dated September 8, 2008, whereby she accepted appointment as a co-trustee of the Kwong Trust and she agreed to hold, administer and distribute the estate of the Kwong Trust in accordance with the Trust Agreement. 15. Cross-Petitioner Kwong is informed and believes and thereon alleges that from and after September 8, 2008, Cross-Respondent Ouyang completely abdicated, failed to act, and deliberately refused any participation in the administration of the Kwong Trust, despite her appointment as its co- trustee. 16. Stan Kwong died on July 8, 2009. 4 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF€ y 17. Cross-Petitioner Kwong resigned as co-trustee of the Kwong Trust on August 24, 2009. Cross-Respondent Ouyang remained the sole trustee of the Kwong Trust. 18. Cross-Petitioner Kwong is informed and believes and thereon alleges that on and after August 24, 2009, Cross-Respondent Ouyang continued to completely abdicate, continued to fail to act, and continued to deliberately refuse any participation in the administration of the Kwong Trust, despite her appointment as sole trustee of the Kwong Trust. 19. Cross-Petitioner Kwong does not know the true names of Cross-Respondent Roes 1 through 20, inclusive, and based thereon sues them by those fictitious names. Cross-Petitioner Kwong is informed and believes and thereon alleges that each of those Cross-Respondents was in some manner responsible for the events and happenings alleged in the Petition and for Petitioner’s alleged injuries and damages and is obligated to defend and indemnify Cross-Petitioner Kwong. Cross-Petitioner Kwong will seek leave to amend this Cross-Petition to allege the Roes’ true names and capacities when ascertained. 20. Cross-Petitioner Kwong is informed and believes and thereon alleges that at all times relevant herein, each of the Cross-Respondents above named was the agent, servant and employee of each of the remaining Cross-Respondents, and each was acting in the course and scope of such agency or employment or as a principal and with the express knowledge, permission and/or consent of each of the remaining Cross-Respondents by reason of which each of the remaining Cross-Respondents are liable to Cross-Petitioner Kwong for the relief herein prayed for. 21. Without admitting any of the allegations of the Petition, Cross-Petitioner Kwong refers to, and incorporates in this Cross-Petition by reference, the Petition filed in this matter. FIRST CAUSE OF ACTION (Indemnity Against Cross-Respondent Ouyang) 22. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 21 of the Cross-Petition as though fully set forth herein. 5 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEFQO 23. Cross-Petitioner Kwong denies that she is in any manner responsible for Petitioner’s alleged injuries and damages. If, however, liability is imposed on Cross-Petitioner Kwong as a result of matters alleged in the Petition, that liability could only be derivative from or concurrent with the acts and liability of Cross-Respondent Ouyang. 24, If liability is imposed on Cross-Petitioner Kwong as a result of the matters alleged in the Petition, Cross-Respondent Ouyang has an equitable duty to indemnify Cross-Petitioner Kwong, either totally or in proportion to the relative degree of fault of each party to this action, for such liability. 25. Cross-Respondent Ouyang had a duty to participate in the administration of the Kwong Trust. Cross-Respondent Ouyang had a duty to take actions on behalf of the Kwong Trust. Cross- Respondent Ouyang had a duty to take steps on behalf of the Kwong Trust to resolve issues pertinent to the Lincoln Policy. On information and belief, Cross-Petitioner Kwong thereon alleges that Cross- Respondent Ouyang breached these duties, and that this breach was the proximate cause of acts, omissions, representations and courses of conduct that allegedly caused Petitioner/Cross-Respondent Kwok’s alleged injuries. WHEREFORE, Cross-Petitioner Kwong prays for judgment against Cross-Respondent as hereinafter set forth. SECOND CAUSE OF ACTION (Contribution Against Cross-Respondent Ouyang) 26. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 25 of the Cross-Petition as though fully set forth herein. 27. Cross-Petitioner Kwong denies that she is in any manner responsible for Petitioner’s injuries and damages. If, however, liability is imposed on Cross-Petitioner Kwong as a result of matters alleged in the Petition, that liability could only be derivative from or concurrent with the acts and liability of Cross-Respondent Ouyang. 6 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF28. If liability is imposed on Cross-Petitioner Kwong as a result of the matters alleged in the Petition, Cross-Petitioner Kwong is entitled to equitable contribution from Cross-Respondent Ouyang, in proportion to the relative degree of fault of each party to this action, for such liability. 29. Cross-Respondent Ouyang had a duty to participate in the administration of the Kwong Trust. Cross-Respondent Ouyang had a duty to take actions on behalf of the Kwong Trust. Cross- Respondent Ouyang had a duty to take steps on behalf of the Kwong Trust to resolve issues pertinent to the Lincoln Policy. On information and belief, Cross-Petitioner Kwong thereon alleges that Cross- Respondent Ouyang breached these duties, and that this breach was the proximate cause of acts, omissions, representations and courses of conduct that allegedly caused Petitioner/Cross-Respondent Kwok’s alleged injuries. WHEREFORE, Cross-Petitioner Kwong prays for judgment against Cross-Respondent as hereinafter set forth. THIRD CAUSE OF ACTION (Declaratory Relief against All Cross-Respondents) 30. Cross-Petitioner Kwong incorporates the allegations of Paragraphs 1 through 29 as though fully set forth herein. 31. An actual controversy exists between the parties hereto with respect to whether Cross- Petitioner Kwong is in any manner responsible for Cross-Respondent Kwok’s alleged injuries and damages as alleged in the Petition, which Cross-Petitioner Kwong denies and alleges that if she is held liable to Cross-Respondent Kwok or anyone else for damages as a result of the incidents and occurrences alleged in the Petition, that liability could only be derivative from or concurrent with the acts and liability of Cross-Respondent Ouyang and Cross-Respondent Kwok, and each of them acted intentionally or were grossly negligent and/or reckless as a result of their own acts and omissions. 32. Cross-Petitioner Kwong desires a judicial determination of the rights and duties of the parties with respect to the matters alleged in the Cross-Petition. 7 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEFo~ ~ New! wt 1 WHEREFORE, Cross-Petitioner Kwong prays for judgment as follows: 2 ON THE FIRST CAUSE OF ACTION: 3 1. To enter a judgment declaring the rights of Cross-Petitioner Kwong to total or partial 4|| indemnification from Cross-Respondent Ouyang and apportioning the liability of Cross-Petitioner 5 || Kwong and Cross-Respondent Ouyang on the basis of their comparative fault in the event the court 6 || determines that they are liable for the damages alleged in the Petition; 7 2. To enter a judgment declaring the obligation of Cross-Respondent Ouyang to defend 8 || Cross-Petitioner Kwong in this action, to represent the interest of Cross-Petitioner Kwong, and to hold 9 |] Cross-Petitioner Kwong harmless, either totally or in proportion to the relative fault of the parties, for 10]|| any judgment or settlement. 11 ON THE SECOND CAUSE OF ACTION: 12 1. To enter a judgment declaring the rights of Cross-Petitioner Kwong to total or partial 13 || contribution from Cross-Respondent Ouyang and apportioning the liability of Cross-Petitioner Kwong 14 || and Cross-Respondent Ouyang on the basis of their comparative fault in the event the court determines 15 || that they are liabie for the damages alleged in the Petition; 16 2. To enter a judgment declaring the obligation of Cross-Respondent Ouyang to defend 17 || Cross-Petitioner Kwong in this action, to represent the interest of Cross-Petitioner Kwong, and to hold 18 || Cross-Petitioner Kwong harmless, either totally or in proportion to the relative fault of the parties, for 19 || any judgment or settlement. 20 ON THE THIRD CAUSE OF ACTION: 21 A judicial declaration of all the rights and duties of the parties with respect to the matters 22 || alleged in this Cross-Petition. 23 ON ALL CAUSES OF ACTION: 24 1. For reasonable attorney’s fees; 25 2. For costs of suit herein; 8 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEFQ) 1 3. For such other and further relief as the Court deems proper. 3 Dated: June 3 2010 TOUR-SARKISSIAN LAW OFFICES 9 CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF0) O VERIFICATION I, Jeanne Kwong, the Cross-Petitioner in this matter, have read the foregoing Cross-Petition and know the contents thereof; I certify that the same is true of my own knowledge, except as to the matters therein stated on 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 June 3, 2010 at San Francisco, California. f CROSS-PETITION BY JEANNE KWONG FOR INDEMNITY, CONTRIBUTION, AND DECLARATORY RELIEF