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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-07-2011 1:03 pm
Case Number: PES-10-293505
Filing Date: Oct-07-2011 1:01
Juke Box: 001 Image: 03348013
PROBATE EX PARTE APPLICATION FOR ORDER
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P03348013
Instructions:
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Daniel T. Bernhard (CSB #104229)
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Telephone: (415) 541-0200
Facsimile: (415) 495-4332 OCT 07 2011
Email: bernhard@freelandlaw.com
CLERK OF THE COURT
Attomeys for Jennifer Shuk-Han Kwok, By:
Deputy Clerk
and California Financial Mortgage Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
IN RE CASE NO.: PES-09-293505
STANLEY CHONG KWONG,
EX PARTE APPLICATION FOR ORDER
SHORTENING TIME FOR FILING
SERVICE AND HEARING JENNIFER
KWOK'S MOTION TO REMOVE
TRUSTEE AND FOR INSTRUCTIONS
DATE: October 7, 2011
TIME: 1:30
DEPARTMENT: 613
Respondent Jennifer Kwok, as the executor of the Estate of Stanley Chong Kwong, and as the
trustee and beneficiary of various trusts created thereto, hereby applies for an order shortening her
time to do the following in this action:
1. To file and serve an original Notice of Motion and Motion to Remove Trustee and For
Instructions in the form attached hereto as Exhibit "A"; and to file herein identical copies of the (a)
Memorandum of Points and Authorities in Support of Motion to Remove Trustee, (b) The Declaration
of Counsel Daniel T. Bernhard in Support of Jennifer Kwok's Motion to Remove Trustee of the Stan
Kwong Trust and For Instructions, and (c) the Declaration of Jennifer Shuk-Han Kwok in Support of
Motion to Remove Trustee and For Instructions, all as previously filed in civil action CGC-10-
499028; and
AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 1
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150 Spear Street, Suite 1800
San Francisco, California 94105
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2. To permit this newly filed Motion to Remove Trustee and For Instructions in this
action to be heard on shortened time, at the same time and place as the hearing previously noticed and
set in the civil action CGC-10-499028 for Jennifer Kwok’'s Motion to Remove Trustee and For
Instructions, on October 12, 2011, 10:00 a.m. in Department 613 of this Court.
This application is made on the following grounds: There are at present four related actions
separately assigned to Judge Goldsmith: three Probate actions: PES-09-293019, PES-09-292733, and
PES-10-293505 (collectively the "Probate Actions"); and a civil action, CGC-10-499028 (the "Civil
Action"). They all relate to various disputes pertaining to the Estate of Stanley Kwong. Jennifer
Shuk-Han Kwok's Motion to Remove Trustee and For Instructions was timely filed in this Court and
set for hearing on October 12, 2011, a date selected after consultation with the Court. The Notice of
Motion and Motion, the Memorandum of Points and Authorities and all other filings in support of the
Motion, bear the captions and case numbers for each of the four actions assigned to this Department.
When the Motion was filed only one original of each of the Notice of Motion and Motion and the
supporting documents was submitted to the Clerk's office. Those originals were all apparently filed in
the Civil Action, civil no. CGC-10-499028. As a consequence, the Motion is now pending and set to
be heard in only the Civil Action, and not in the three related Probate actions.
The Motion seeks removal of the current trustee of the Stan Kwong Trust. It is not limited to
the Trust's activity in any particular action or dispute. It was the moving party's intention and purpose
to have her Motion heard and decided for al! purposes in all of the four related actions now pending in
this Department. All parties in the four related actions have received notice. Certain Parties have
filed Oppositions to the Motion, and al! briefing on the Motion is complete at this time. None of the
briefing focuses on or assumes the removal of the trustee exclusively in the Civil Action. The issues
presented in the Motion are not limited to the Civil Action, but overlap and affect matters in each of
the three Probate Actions. Accordingly, the hearing and decision on the Motion now pending in the
Civil Action should be equally applicable to each of the four actions assigned to this Department.
An order shortening the time for filing and service of the Motion and supporting papers in this
Probate action, and for the hearing of this Motion, will avoid any confusion about the applicability of
the Court's disposition of and effect in each of the four actions. It will avoid any confusion that the
AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 2
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trustee of the Stan Kwong Trust is being removed and replaced for all purposes.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE
APPLICATION FOR ORDER SHORTENING TIME
The purpose of the pending Motion is to remove the current trustee of the Stan Kwong Trust
for all purposes, and to replace her with a new trustee appointed by the Court. It would be anomalous
and inconsistent to appoint a new trustee to replace the current trustee for purposes of the Civil Action
only; it could create confusion about the continued role of the new trustee to act in the other Probate
matters, It would make no sense for the Stan Kwong Trust to have multiple trustees acting for the
Trust in different actions. Whether the trustee is removed as a consequence of a proceeding in just
one action, it nevertheless functions to remove the trustee from the Stan Kwong Trust.
It was the moving party's intent and understanding that the pending Motion would be heard
and decided for all purposes in all four actions. Based on the Oppositions filed by various parties to
the Motion, it is apparent that those parties expected and understood that the Motion was being heard
and decided, and would be clearly binding, in all four actions. The filed Oppositions do not make any
distinction in their substance between the various four actions and the Oppositions discuss the Motion
in the context of each of the four actions.
The Opposition to the Motion filed by the Plaintiffs in the Civil Action bears the case numbers
for the Civil Action and one of the Probate actions. Upon information and belief, that Opposition was
filed by the Clerk's Office in the Civil Action. Thus, the pending Motion is opposed by the Plaintiffs
in the Civil Action. By contrast, the Opposition by the trustee of the Stan Kwong Trust, the party that
the Motion seeks to remove, filed her Opposition with only one Probate case number: PES-09-
293019. Consequently, her Opposition was not filed in the Civil Action, and thus the trustee has not,
technically, opposed the Motion that is now pending to remove her that will be heard on October 12,
2011. It is very unlikely that the trustee intended this result. It is similarly unlikely that any party
intended or expected that Jennifer Kwok's Motion, and its disposition, could apply only to the Civil
Action; and it is unclear what that would even mean.
This ex parte application is brought in order to avoid any confusion by permitting the moving
AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 3
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party, Jennifer Shuk-Han Kwok, to file and serve a new original Notice of Motion and Motion to
Remove the Trustee of the Stan Kwong Trust and for Instructions, along with copies of the previously
filed Memorandum of Points and Authorities and Declarations in support, in each of the three Probate
actions now separately assigned to this Department.
Dated: October g 2011 FREELAND COOPER & FOREMAN LLP
LT. BERNHARD -
Attomeys for Jennifer Shuk-Han Kwok
and California Financial Mortgage Corporation
DECLARATION OF COUNSEL IN SUPPORT OF EX PARTE APPLICATION
1, Daniel T. Bernhard. declare as follows
1. I am an attorney licensed to practice before this Court and am a member of the law
firm of Freeland Cooper & Foreman, LLP, counsel for Jennifer Shuk-Han Kwok, a trustee and
executor in this action. I make this declaration in support of Jennifer Shuk-Han Kwok’s motion to
remove the trustee of the Stan Kwong Trust and for instructions from the Court. The following facts
are within my own personal knowledge, and if called upon I could and would testify truthfully to
these facts.
2. first learned about a filing problem with this Motion being heard and decided in all of
the four actions now pending in this Department from the clerk on October 5, 2011. At that time I
indicated that I would seck an order shortening time for the filing and service of Jennifer Kwok's
Motion to Remove the Trustee of the Stan Kwong Trust and for Instructions, so that the Motion can
be filed, served and heard and decided in this action at the same time and place as the Motion already
pending and set for hearing on October 12, 2011 at 10:00 a.m. in this Department.
3. All parties were timely served with the Motion, and two parties have filed oppositions.
It is Jennifer Kwok's intention to file in each of the Probate actions an original notice of motion and
motion to remove trustee and for instructions that is identical to the notice of motion and motion
already filed in the Civil Action, It is further her intent to file exact copies of the pleadings in support
AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 4
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of the Motion, as previously filed in the Civil Action, in each of the Probate actions.
4. Attached hereto is a true and correct copy of the form of Notice of Motion and Motion
to Remove Trustee and For Instructions that Jennifer Kwok proposes to file and serve in this action, if
the Court so permits.
5. I notified all counsel by email at approximately 4:30 p.m. on October 5, 2011 that I
would make this ex parte application in Department 613 at 1:30 on Friday, October 7, 2011. All
counsel customarily communicate by email, and use that form of communication more commonly
than any other. | also sent to each counsel by email a copy of this Ex Parte Application, including the
[proposed] order, today, October 6, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Francisco, CA on October 6, 2011.
Dated: October G 2011
AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 5
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Daniel T. Bernhard (CSB #104229)
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150 Spear Street, Suite 1800
San Francisco, California 94105
Telephone: (415) 541-0200
Facsimile: (415) 495-4332
Email: bernhard@freelandlaw.com
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
IN RE: CASE NO.: PES-09-293505
STANLEY CHONG KWONG,
ESTATE OF STANLEY CHONG KWONG,
Deceased,
See
JENNIFER SHUK-HAN KWOK
Petitioner
v. NOTICE OF MOTION AND MOTION TO
REMOVE TRUSTEE AND FOR
JEANNE KWONG, individually and as a former INSTRUCTIONS
trustee of the Stan Kwong Irrevocable Trust II Probate Code sections 17200(a) and (b)
Respondent Date: October 12, 2011
Time: 10:00 a.m.
LAU KWONG, et al Dept.: 613 — The Hon. Emest Goldsmith
Plaintiffs
v.
JENNIFER SHUK-HAN KWOK, et al,
Defendants.
EXHIBIT A
NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS
Probate Code sections 17200{a) and (b)
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TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN:
PLEASE TAKE NOTICE that on October 12, 2011, at 10:00 a.m. in Department 613 of the
San Francisco Superior Court, or as soon thereafter as counsel can be heard, before the Honorable
Emest Goldsmith, Petitioner and Defendant Jennifer Shuk-Han Kwok, as the Executor of the Estate of
Stanley Chong Kwong, the sole trustee and a beneficiary of the Marital Property Trust, and as the
Guardian of her minor children Justin Kwong and Michelle Kwong, the primary beneficiaries under
the Stan Kwong Trust, will and hereby does move the Court for the following orders and relief: for an
order removing the current trustee of the Stan Kwong Trust, Jeanne Kwong, from her position as the
trustee; for an order appointing as the new trustee Feng Ouyang, consistent with the specific
provisions of the Stan Kwong Trust, or such other individual or entity as the Court may appoint, who
does not have the conflicts of interest or misconduct disabling the current trustee; for a stay of any
litigation involving the Stan Kwong Trust until a new trustee is appointed; and, for any additional
relief the Court deems appropriate consistent with protecting the assets of the Sian Kwong Trust and
the interests of the primary beneficiaries therein.
This motion is brought pursuant to the California Probate Code, including sections 15640,
15660, 16061 and 17200, on the grounds that the current trustee of the Stan Kwong Trust, Jeanne
Kwong, suffers conflicts of interest with, and is directly adverse to, the primary beneficiaries of the
Stan Kwong Trust, thereby making it impossible for her to discharge her fiduciary obligations and
duties to those beneficiaries. Among other things, the current trustee is engaged in extensive litigation
with beneficiaries; is preferring the interests of the secondary beneficiaries, including herself, over the
best interests of the primary beneficiaries; has failed to provide complete or timely accountings to the
beneficiaries of the Stan Kwong Trust; is squandering trust assets on pointless and completely
inappropriate litigation to secure purported rights of the Stan Kwong Trust whish are not in the best
interests of the primary beneficiaries; and appears to be using Trust assets to pay for her own legal
defense in other litigation. By engaging in such conduct the current trustee has breached her fiduciary
obligations to the primary beneficiaries of the Stan Kwong Trust, and has permitted waste and misuse
of the assets of the Stan Kwong Trust while failing to protect assets now jeopardized by litigation and
an imminent trial. .
NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS 2
Probate Code sections 17200(a) and (b)
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This motion is based on this notice of motion and motion, the memorandum of points and
authorities in support, the Declaration of Jennifer Shuk-Han Kwong and Exhibits thereto in support,
the Declaration of counsel Daniel T. Bernhard and Exhibits thereto in support, all filed and served
herewith, the records and pleadings on file herein, the argument of counsel, and such other and
additional facts, evidence and argument as the Court may choose to consider at the hearing of this
matter or otherwise.
Respectfully Submitted,
Dated: October € , 2011 FREELAND COOPER & FOREMAN LLP
By:
DANTEL T. BERNHARD
Attorneys for Jennifer Shuk-Han Kwok
and California Financial Mortgage Corporation
NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS 3
Probate Code sections 17200(a) and (b)
£00155634-1},
Preview
UA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-07-2011 1:03 pm Case Number: PES-10-293505 Filing Date: Oct-07-2011 1:01 Juke Box: 001 Image: 03348013 PROBATE EX PARTE APPLICATION FOR ORDER IN RE: STAN KWONG IRREVOCABLE TRUST II 001P03348013 Instructions: Piease place this sheet on top of the document to be scanned.FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 oOo ID a Ww a rancisco, Califomia 94105 a x e an Si mom wy RY YY NY Ye sy So uA A & WN = SF ODO Daniel T. Bernhard (CSB #104229) FREELAND COOPER & FOREMAN LLP a : 150 Spear Street, Suite 1800 Sy pen San Francisco, California 94105 aetaly Perce galt ornle Telephone: (415) 541-0200 Facsimile: (415) 495-4332 OCT 07 2011 Email: bernhard@freelandlaw.com CLERK OF THE COURT Attomeys for Jennifer Shuk-Han Kwok, By: Deputy Clerk and California Financial Mortgage Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO IN RE CASE NO.: PES-09-293505 STANLEY CHONG KWONG, EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR FILING SERVICE AND HEARING JENNIFER KWOK'S MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS DATE: October 7, 2011 TIME: 1:30 DEPARTMENT: 613 Respondent Jennifer Kwok, as the executor of the Estate of Stanley Chong Kwong, and as the trustee and beneficiary of various trusts created thereto, hereby applies for an order shortening her time to do the following in this action: 1. To file and serve an original Notice of Motion and Motion to Remove Trustee and For Instructions in the form attached hereto as Exhibit "A"; and to file herein identical copies of the (a) Memorandum of Points and Authorities in Support of Motion to Remove Trustee, (b) The Declaration of Counsel Daniel T. Bernhard in Support of Jennifer Kwok's Motion to Remove Trustee of the Stan Kwong Trust and For Instructions, and (c) the Declaration of Jennifer Shuk-Han Kwok in Support of Motion to Remove Trustee and For Instructions, all as previously filed in civil action CGC-10- 499028; and AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 1 {0015558i-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 14 15 2. To permit this newly filed Motion to Remove Trustee and For Instructions in this action to be heard on shortened time, at the same time and place as the hearing previously noticed and set in the civil action CGC-10-499028 for Jennifer Kwok’'s Motion to Remove Trustee and For Instructions, on October 12, 2011, 10:00 a.m. in Department 613 of this Court. This application is made on the following grounds: There are at present four related actions separately assigned to Judge Goldsmith: three Probate actions: PES-09-293019, PES-09-292733, and PES-10-293505 (collectively the "Probate Actions"); and a civil action, CGC-10-499028 (the "Civil Action"). They all relate to various disputes pertaining to the Estate of Stanley Kwong. Jennifer Shuk-Han Kwok's Motion to Remove Trustee and For Instructions was timely filed in this Court and set for hearing on October 12, 2011, a date selected after consultation with the Court. The Notice of Motion and Motion, the Memorandum of Points and Authorities and all other filings in support of the Motion, bear the captions and case numbers for each of the four actions assigned to this Department. When the Motion was filed only one original of each of the Notice of Motion and Motion and the supporting documents was submitted to the Clerk's office. Those originals were all apparently filed in the Civil Action, civil no. CGC-10-499028. As a consequence, the Motion is now pending and set to be heard in only the Civil Action, and not in the three related Probate actions. The Motion seeks removal of the current trustee of the Stan Kwong Trust. It is not limited to the Trust's activity in any particular action or dispute. It was the moving party's intention and purpose to have her Motion heard and decided for al! purposes in all of the four related actions now pending in this Department. All parties in the four related actions have received notice. Certain Parties have filed Oppositions to the Motion, and al! briefing on the Motion is complete at this time. None of the briefing focuses on or assumes the removal of the trustee exclusively in the Civil Action. The issues presented in the Motion are not limited to the Civil Action, but overlap and affect matters in each of the three Probate Actions. Accordingly, the hearing and decision on the Motion now pending in the Civil Action should be equally applicable to each of the four actions assigned to this Department. An order shortening the time for filing and service of the Motion and supporting papers in this Probate action, and for the hearing of this Motion, will avoid any confusion about the applicability of the Court's disposition of and effect in each of the four actions. It will avoid any confusion that the AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 2 {0015558!-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 an Francisco, California 94105 Se pew NNN NN YN SF SP Se SE GF FB RBeR A BH ss owes DM FY trustee of the Stan Kwong Trust is being removed and replaced for all purposes. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME The purpose of the pending Motion is to remove the current trustee of the Stan Kwong Trust for all purposes, and to replace her with a new trustee appointed by the Court. It would be anomalous and inconsistent to appoint a new trustee to replace the current trustee for purposes of the Civil Action only; it could create confusion about the continued role of the new trustee to act in the other Probate matters, It would make no sense for the Stan Kwong Trust to have multiple trustees acting for the Trust in different actions. Whether the trustee is removed as a consequence of a proceeding in just one action, it nevertheless functions to remove the trustee from the Stan Kwong Trust. It was the moving party's intent and understanding that the pending Motion would be heard and decided for all purposes in all four actions. Based on the Oppositions filed by various parties to the Motion, it is apparent that those parties expected and understood that the Motion was being heard and decided, and would be clearly binding, in all four actions. The filed Oppositions do not make any distinction in their substance between the various four actions and the Oppositions discuss the Motion in the context of each of the four actions. The Opposition to the Motion filed by the Plaintiffs in the Civil Action bears the case numbers for the Civil Action and one of the Probate actions. Upon information and belief, that Opposition was filed by the Clerk's Office in the Civil Action. Thus, the pending Motion is opposed by the Plaintiffs in the Civil Action. By contrast, the Opposition by the trustee of the Stan Kwong Trust, the party that the Motion seeks to remove, filed her Opposition with only one Probate case number: PES-09- 293019. Consequently, her Opposition was not filed in the Civil Action, and thus the trustee has not, technically, opposed the Motion that is now pending to remove her that will be heard on October 12, 2011. It is very unlikely that the trustee intended this result. It is similarly unlikely that any party intended or expected that Jennifer Kwok's Motion, and its disposition, could apply only to the Civil Action; and it is unclear what that would even mean. This ex parte application is brought in order to avoid any confusion by permitting the moving AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 3 {00155581-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 oo BR WON 2 Dn mw SF Ww party, Jennifer Shuk-Han Kwok, to file and serve a new original Notice of Motion and Motion to Remove the Trustee of the Stan Kwong Trust and for Instructions, along with copies of the previously filed Memorandum of Points and Authorities and Declarations in support, in each of the three Probate actions now separately assigned to this Department. Dated: October g 2011 FREELAND COOPER & FOREMAN LLP LT. BERNHARD - Attomeys for Jennifer Shuk-Han Kwok and California Financial Mortgage Corporation DECLARATION OF COUNSEL IN SUPPORT OF EX PARTE APPLICATION 1, Daniel T. Bernhard. declare as follows 1. I am an attorney licensed to practice before this Court and am a member of the law firm of Freeland Cooper & Foreman, LLP, counsel for Jennifer Shuk-Han Kwok, a trustee and executor in this action. I make this declaration in support of Jennifer Shuk-Han Kwok’s motion to remove the trustee of the Stan Kwong Trust and for instructions from the Court. The following facts are within my own personal knowledge, and if called upon I could and would testify truthfully to these facts. 2. first learned about a filing problem with this Motion being heard and decided in all of the four actions now pending in this Department from the clerk on October 5, 2011. At that time I indicated that I would seck an order shortening time for the filing and service of Jennifer Kwok's Motion to Remove the Trustee of the Stan Kwong Trust and for Instructions, so that the Motion can be filed, served and heard and decided in this action at the same time and place as the Motion already pending and set for hearing on October 12, 2011 at 10:00 a.m. in this Department. 3. All parties were timely served with the Motion, and two parties have filed oppositions. It is Jennifer Kwok's intention to file in each of the Probate actions an original notice of motion and motion to remove trustee and for instructions that is identical to the notice of motion and motion already filed in the Civil Action, It is further her intent to file exact copies of the pleadings in support AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 4 {00155581-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, Califomia a 94 ao mwoN NN YR KY NR NY YP SF ZO Bb BAA Fs ow NH = oO Oo Pf we of the Motion, as previously filed in the Civil Action, in each of the Probate actions. 4. Attached hereto is a true and correct copy of the form of Notice of Motion and Motion to Remove Trustee and For Instructions that Jennifer Kwok proposes to file and serve in this action, if the Court so permits. 5. I notified all counsel by email at approximately 4:30 p.m. on October 5, 2011 that I would make this ex parte application in Department 613 at 1:30 on Friday, October 7, 2011. All counsel customarily communicate by email, and use that form of communication more commonly than any other. | also sent to each counsel by email a copy of this Ex Parte Application, including the [proposed] order, today, October 6, 2011. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, CA on October 6, 2011. Dated: October G 2011 AND MOTION, AND SUPPORTING PAPERS, CONSISTENT WITH ALREADY PENDING MOTION 5 {00155581-1)w zB wn an x 150 Spear Street, Suite 1800 San Francisco, California 94105 o oo FREELAND COOPER & FOREMAN LLP S Noy = oS mow BW N NY N N oda aA hw F&F YN 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 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 IN RE: CASE NO.: PES-09-293505 STANLEY CHONG KWONG, ESTATE OF STANLEY CHONG KWONG, Deceased, See JENNIFER SHUK-HAN KWOK Petitioner v. NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR JEANNE KWONG, individually and as a former INSTRUCTIONS trustee of the Stan Kwong Irrevocable Trust II Probate Code sections 17200(a) and (b) Respondent Date: October 12, 2011 Time: 10:00 a.m. LAU KWONG, et al Dept.: 613 — The Hon. Emest Goldsmith Plaintiffs v. JENNIFER SHUK-HAN KWOK, et al, Defendants. EXHIBIT A NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS Probate Code sections 17200{a) and (b) (00155636-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 San Francisco, California 94105 ay Dn WwW fF YW ON 12 Soe on A WH SF Ww oO 20 21 22 23 24 25 26 27 28 Ne wa TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN: PLEASE TAKE NOTICE that on October 12, 2011, at 10:00 a.m. in Department 613 of the San Francisco Superior Court, or as soon thereafter as counsel can be heard, before the Honorable Emest Goldsmith, Petitioner and Defendant Jennifer Shuk-Han Kwok, as the Executor of the Estate of Stanley Chong Kwong, the sole trustee and a beneficiary of the Marital Property Trust, and as the Guardian of her minor children Justin Kwong and Michelle Kwong, the primary beneficiaries under the Stan Kwong Trust, will and hereby does move the Court for the following orders and relief: for an order removing the current trustee of the Stan Kwong Trust, Jeanne Kwong, from her position as the trustee; for an order appointing as the new trustee Feng Ouyang, consistent with the specific provisions of the Stan Kwong Trust, or such other individual or entity as the Court may appoint, who does not have the conflicts of interest or misconduct disabling the current trustee; for a stay of any litigation involving the Stan Kwong Trust until a new trustee is appointed; and, for any additional relief the Court deems appropriate consistent with protecting the assets of the Sian Kwong Trust and the interests of the primary beneficiaries therein. This motion is brought pursuant to the California Probate Code, including sections 15640, 15660, 16061 and 17200, on the grounds that the current trustee of the Stan Kwong Trust, Jeanne Kwong, suffers conflicts of interest with, and is directly adverse to, the primary beneficiaries of the Stan Kwong Trust, thereby making it impossible for her to discharge her fiduciary obligations and duties to those beneficiaries. Among other things, the current trustee is engaged in extensive litigation with beneficiaries; is preferring the interests of the secondary beneficiaries, including herself, over the best interests of the primary beneficiaries; has failed to provide complete or timely accountings to the beneficiaries of the Stan Kwong Trust; is squandering trust assets on pointless and completely inappropriate litigation to secure purported rights of the Stan Kwong Trust whish are not in the best interests of the primary beneficiaries; and appears to be using Trust assets to pay for her own legal defense in other litigation. By engaging in such conduct the current trustee has breached her fiduciary obligations to the primary beneficiaries of the Stan Kwong Trust, and has permitted waste and misuse of the assets of the Stan Kwong Trust while failing to protect assets now jeopardized by litigation and an imminent trial. . NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS 2 Probate Code sections 17200(a) and (b) {00155636-1}FREELAND COOPER & FOREMAN LLP 150 Spear Street, Suite 1800 Oo wm YD A F&F WN BO NP SF Ss San Francisco, California 94105 Nome N NY NY N NY YN SF Be aU RA A fF Bw HY =| SF OD eH Ny oo a hm ner naam nan nc EA ERRATA AP A tm a ei be trae mer Ne A ER ARERR IES ERIS SELLS ASSET ms an . This motion is based on this notice of motion and motion, the memorandum of points and authorities in support, the Declaration of Jennifer Shuk-Han Kwong and Exhibits thereto in support, the Declaration of counsel Daniel T. Bernhard and Exhibits thereto in support, all filed and served herewith, the records and pleadings on file herein, the argument of counsel, and such other and additional facts, evidence and argument as the Court may choose to consider at the hearing of this matter or otherwise. Respectfully Submitted, Dated: October € , 2011 FREELAND COOPER & FOREMAN LLP By: DANTEL T. BERNHARD Attorneys for Jennifer Shuk-Han Kwok and California Financial Mortgage Corporation NOTICE OF MOTION AND MOTION TO REMOVE TRUSTEE AND FOR INSTRUCTIONS 3 Probate Code sections 17200(a) and (b) £00155634-1},