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V ORIGINAL V
JASONL. GAUDY (SBN 228975)
GAUDY LAW, INC.
267 D Street
Upland, CA 91786 SUPERIOR EOLRLTEQMFORM
Tel: 909-982-3 1 99 COUNTY 0F SAN BERNARDINO
PROBATE DMSDN
Email: filings@gaudy1aw.com
OCT 1 2 2022
Attorneys for Petitioner, Malissa Marchese
av: ASHA Ieu ,
my
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, PROBATE DIVISION
10
11
In re the MONDRAGON FAMILY Case No.2 Tr; ‘ \gfi? .53
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12 TRUST, dated February 5, 2004
PETITION FOR:
13
MALISSA MARCHESE, individually 1. INSTRUCTIONS T0 TRUSTEE;
14
and as co—trustee, 2. REMOVAL OF TRUSTEE;
15
3. RETURN OF TRUST PROPERTY; Ga'llzl
Petitioner, 4. ACCOUNTING; AND
16 5. SURCHARGE
v.
17 DATE: JAN lb 2023
MICHAEL E. MONDRAGON, TIMEzq Hm A8
18
individually and as co-trustee; and
through 25, inclusive,
DOES DEPT: $35 ,,
1 4,,
19 XV:|
NOTICE: This Case is assigned to Dept_2:7_5
20 Respondent. for all purposes and is subject to CCP 170.6(2)
DOUGLAS MAP ‘2?
21 Petitioner, MALISSA MARCHESE (“Petitioner”), on the basis of information and belief,
22 alleges the following:
23 PARTIES AND JURISDICTION
24 1. Petitioner, MALISSA MARCHESE (“Malissa”), is the daughter of EDMUNDO F.
25 MONDRAGON and IDA B. MONDRAGON (“Decedents”) and is a beneficiary 0f and co-trustee
26 to the MONDRAGON FAMILY TRUST, dated February 5, 2004 (the “Trust”). Malissa is, and
27 was at all times mentioned herein, a resident 0f San Bemardino County, California.
28 ///
l
PETITION FOR INSTRUCTION
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2. Respondent, MICHAEL E. MONDRAGON (“Michael”) is, and at all times
mentioned herein was, a resident 0f San Bemardino County, California, son 0f Decedents, and is a
beneficiary and co-trustee to the Trust.
3. The Trust is, and at all times mentioned herein was, administered within San
Bernardino County, California.
4. Pursuant to Probate Code § 17000, this Court has primary and original jurisdiction
OONON
over all internal matters of trusts within the state, as well as trustees of those trusts.
FACTS COMMON TO ALL CAUSES OF ACTION
On February 5, 2004, Decedents created the Trust by executing a declaration 0f trust,
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before a notary (William J.B. Roberts, Comm. N0. 1256973) in Los Angeles County, California.
11 Attached hereto as Exhibit 1 is a true and correct copy 0fthe Declaration of Trust and Certification
12 0f Trust for the Mondragon Family Trust. All 0f Decedents’ personal property was transferred to
13 the Trust on the same day. [See Assignment 0f Personal Property]. Decedents transferred three
14 bank accounts (JP Morgan Chase Bank), a money market account (Met Life), and a Wells Fargo
'15 CD. [See Trust, Sch. A, p. 2].
16 On February 5, 2004, Decedents also transferred three pieces of real property to the Trust:
17 (1) 1021 East Gaillard Street, Azusa, CA 91702 (“Azusa Property”); (2) a ‘/2 interest in 1559 Forest
18 Avenue, Pasadena, CA 91 103 (“Pasadena Property”); and a vacant lot in Taos County, New
19 Mexico (“New Mexico Property”). [See Trust, Sch. A, p. 1]. Prior to Decedent’s death, the
20 Pasadena Property and New Mexico Property were alienated, leaving only the Azusa Property as
21 the sole remaining real property asset of the Trust.
22 On July 27, 2005, Edmundo died, leaving Ida as the surviving Spouse and last remaining
23 settlor-trustee 0f the Trust. Pursuant t0 Article 7 of the Trust, Ida was supposed to determine if
24 the assets warranted a need to split the Trust Estate into an A—B or A—B-C trust division to minimize
25 estate taxes. [Trust, p. 4-4]. It is unknown whether Ida did any 0f this analysis, but the Trust was
26 not divided after Edmundo’s death. On February 13, 2019, Ida died, leaving Malissa and Michael
27 as equal remainder beneficiaries. [Trust, p. 4-8].
28 ///
2
PETITION FOR INSTRUCTION
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V ORIGINAL V JASONL. GAUDY (SBN 228975) GAUDY LAW, INC. 267 D Street Upland, CA 91786 SUPERIOR EOLRLTEQMFORM Tel: 909-982-3 1 99 COUNTY 0F SAN BERNARDINO PROBATE DMSDN Email: filings@gaudy1aw.com OCT 1 2 2022 Attorneys for Petitioner, Malissa Marchese av: ASHA Ieu , my SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, PROBATE DIVISION 10 11 In re the MONDRAGON FAMILY Case No.2 Tr; ‘ \gfi? .53 " " "‘""“"‘“ ““ flW” f» «:5: mu; jig “ 12 TRUST, dated February 5, 2004 PETITION FOR: 13 MALISSA MARCHESE, individually 1. INSTRUCTIONS T0 TRUSTEE; 14 and as co—trustee, 2. REMOVAL OF TRUSTEE; 15 3. RETURN OF TRUST PROPERTY; Ga'llzl Petitioner, 4. ACCOUNTING; AND 16 5. SURCHARGE v. 17 DATE: JAN lb 2023 MICHAEL E. MONDRAGON, TIMEzq Hm A8 18 individually and as co-trustee; and through 25, inclusive, DOES DEPT: $35 ,, 1 4,, 19 XV:| NOTICE: This Case is assigned to Dept_2:7_5 20 Respondent. for all purposes and is subject to CCP 170.6(2) DOUGLAS MAP ‘2? 21 Petitioner, MALISSA MARCHESE (“Petitioner”), on the basis of information and belief, 22 alleges the following: 23 PARTIES AND JURISDICTION 24 1. Petitioner, MALISSA MARCHESE (“Malissa”), is the daughter of EDMUNDO F. 25 MONDRAGON and IDA B. MONDRAGON (“Decedents”) and is a beneficiary 0f and co-trustee 26 to the MONDRAGON FAMILY TRUST, dated February 5, 2004 (the “Trust”). Malissa is, and 27 was at all times mentioned herein, a resident 0f San Bemardino County, California. 28 /// l PETITION FOR INSTRUCTION ( ( T wgg..az.t:f;..u, N 53.. 2. Respondent, MICHAEL E. MONDRAGON (“Michael”) is, and at all times mentioned herein was, a resident 0f San Bemardino County, California, son 0f Decedents, and is a beneficiary and co-trustee to the Trust. 3. The Trust is, and at all times mentioned herein was, administered within San Bernardino County, California. 4. Pursuant to Probate Code § 17000, this Court has primary and original jurisdiction OONON over all internal matters of trusts within the state, as well as trustees of those trusts. FACTS COMMON TO ALL CAUSES OF ACTION On February 5, 2004, Decedents created the Trust by executing a declaration 0f trust, CO before a notary (William J.B. Roberts, Comm. N0. 1256973) in Los Angeles County, California. 11 Attached hereto as Exhibit 1 is a true and correct copy 0fthe Declaration of Trust and Certification 12 0f Trust for the Mondragon Family Trust. All 0f Decedents’ personal property was transferred to 13 the Trust on the same day. [See Assignment 0f Personal Property]. Decedents transferred three 14 bank accounts (JP Morgan Chase Bank), a money market account (Met Life), and a Wells Fargo '15 CD. [See Trust, Sch. A, p. 2]. 16 On February 5, 2004, Decedents also transferred three pieces of real property to the Trust: 17 (1) 1021 East Gaillard Street, Azusa, CA 91702 (“Azusa Property”); (2) a ‘/2 interest in 1559 Forest 18 Avenue, Pasadena, CA 91 103 (“Pasadena Property”); and a vacant lot in Taos County, New 19 Mexico (“New Mexico Property”). [See Trust, Sch. A, p. 1]. Prior to Decedent’s death, the 20 Pasadena Property and New Mexico Property were alienated, leaving only the Azusa Property as 21 the sole remaining real property asset of the Trust. 22 On July 27, 2005, Edmundo died, leaving Ida as the surviving Spouse and last remaining 23 settlor-trustee 0f the Trust. Pursuant t0 Article 7 of the Trust, Ida was supposed to determine if 24 the assets warranted a need to split the Trust Estate into an A—B or A—B-C trust division to minimize 25 estate taxes. [Trust, p. 4-4]. It is unknown whether Ida did any 0f this analysis, but the Trust was 26 not divided after Edmundo’s death. On February 13, 2019, Ida died, leaving Malissa and Michael 27 as equal remainder beneficiaries. [Trust, p. 4-8]. 28 /// 2 PETITION FOR INSTRUCTION