Motion,Ex Parte: MARY CHER STATUTORY MINOR'S TRUST

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                                Electronically FILED by Superior Court of California, County of Los Angeles 11/16/2022 4:04 PM Sherri R. Carter, Executive Officer/Clerk, By B. Gasper, Deputy Clerk




                1       JAMES P. DRUMMY, SBN 56918
                        ROBERT D. SCHWARTZ, SBN 168550
                2       JOSEPH A. SIFFERD, SBN 226219
                        POINDEXTER & DOUTRÉ, INC.
                3       400 South Hope Street, Suite 1320
                        Los Angeles, California 90071
                4       Phone: 213-628-8297; Fax: 213-488-9890
                        Email: jdrummy@pdlawyers.com
                5              rschwartz@pdlawyers.com
                               jsifferd@pdlawyers.com
                6
                        Attorneys for Petitioner, San Pasqual
                7       Fiduciary Trust Company

                8                               SUPERIOR COURT OF THE STATE OF CALIFORNIA

                9                                          FOR THE COUNTY OF LOS ANGELES

              10

              11       IN THE MATTER OF:                             )                      CASE NO. 17STPB08623
                                                                     )                      [Assigned Deborah L. Christian, Dept. 44]
              12              MARY CHER STATUTORY                    )
                              MINOR’S TRUST                          )                      NOTICE OF MOTION AND MOTION TO
              13                                                     )                      STRIKE FIRST AMENDED PETITION
                                                                     )                      FOR: (1) BREACH OF FIDUCIARY DUTY
              14       Tung Cher And Savoeum Cher, as Co-            )                      (2) REMOVAL OF TRUSTEE AND FOR
                       Conservators of the Person and Estate of Mary )                      APPOINTMENT OF SUCCESSOR
              15       Cher, Beneficiary of the Mary Cher Statutory )                       TRUSTEE; MEMORANDUM OF POINTS
                       Minor’s Trust,                                )                      AND AUTHORITIES
              16                                                     )
                                                       Petitioners, )                       DATE: June 20, 2023
              17                                                     )                      TIME: 1:30 p.m.
                                     v.                              )                      DEPT.: 44
              18                                                     )
                       SAN PASQUAL FIDUCIARY TRUST                   )                      (Served and filed concurrently with
              19       COMPANY, Trustee of the Mary Cher             )                      Memorandum of Points and Authorities;
                       Statutory Minor’s Trust; and DOES 1 through )                        Declaration of Joseph A. Sifferd and Request
              20       10, inclusive.                                )                      for Judicial Notice)
                                                                     )
              21                                       Respondents. )
                       ______________________________________ )
              22

              23                 PLEASE TAKE NOTICE that on June 20, 2023, at 1:30 p.m. or as soon thereafter as the

              24       matter may be heard in Department 44 of the above-entitled court, located at 111 North Hill Street,

              25       Los Angeles, California 90012, San Pasqual Fiduciary Trust Company (“San Pasqual” or

              26       “Trustee”), as Trustee of the Mary Cher Special Needs Trust, will and hereby does move to strike

              27       the entire First Amended Petition for: 1) Breach of Fiduciary Duty 2) Removal of Trustee and for

              28       Appointment of Successor Trustee filed on or about September 7, 2022 (the “First Amended

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                          NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED PETITION FOR: 1. BREACH OF FIDUCIARY DUTY, ETC.