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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Cameron Kim (SBN: 348463)
SKYWHEEL LAW APC 3/24/2023 5:40 PM
660 Newport Center Dr, Ste. 600
Newport Beach, CA 92660 By: DiAnna Verdugo, DEPUTY
cameron.kim@skywheellaw.com
Attorney for Petitioner, CHRISTOPHER MORRIS.
\OOOQONUx-hmm
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
NO.:TRUSBZ300064
InRe Case
10
The First Amendment to and The Morris PETITION FOR 1) REMOVAL OF
11 Trust Amended and Restated In Its Entirety on vvvvvv
TRUSTEE; 2) APPOINTMENT OF
September 22, 201 1. SUCCESSOR TRUSTEE; 3)
12 INSTRUCTIONS FOR DISTRIBUTION;
4) DIVISION OF TRUST; 5)
13 CHRISTOPHER MORRIS
ACCOUNTING; AND 6) CONVERSION
as Beneficiary,
[Probate Code §§ 17200, 16420, 15660, 15412,
14 Petitioner, 16064]
15 vs. DATE: 05/1 0/2023
TIME; 9:00 AM
16 LISA MARIE BONNELL as Trustee, vvvvvvvvvvvvvvv
DEPT: S36
JUDGE: MICHELLE GILLEECE
17 Respondent.
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Petitioner, Chn'stopher Morris (“Petitioner” or “Christopher”), alleges:
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I. Background
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1. Thomas J. Morris (“Sett10r” or “Thomas”) and Charlene R. Morris (“Charlene” ,
as
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joint settlers and trustees, executed The Morris Trust 0n December 17, 1993. The trust was
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amended and restated in its entirety 0n September 22, 2011 (“Restated Trust”). On March 16,
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201 5, Thomas and Charlene executed the First Amendment t0 the Restated Trust (“First
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Amendment”). The Restated Trust, together with the First Amendment, is the operative trust
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instrument (“Trust”). A true and correct copy of the Restated Trust is attached as Exhibit “1” and is
PETITION FOR 1) REMOVAL OF TRUSTEE; 2) APPOINTMENT OF SUCCESSOR TRUSTEE; 3) INSTRUCTIONS
FOR DISTRIBUTION; 4) DIVISION OF TRUST; 5) ACCOUNTING; AND 6) CONVERSION
- 1 ~ Doc ID: 522457e075fbee1 63db376f4b7cf7578055f‘ l24d
incorporated herein by this reference. A true and correct copy of the First Amendment dated March
16, 2015, is attached as Exhibit "2" and is incorporated herein by this reference.
2. Petitioner initially had a 20% beneficiary interest in the Trust. (Trust, art. II, para.
(C)(5)(b).) Lisa Marie Bonnell (" Respondent" or "Trustee") initially had a 30% beneficiary
interest in the Trust. (Trust, art. II, para. (C)(5).) Greg Morris (" Greg") initially had a 50%
beneficiary interest in the Trust. (Trust, art. II, para. (C)(5).)
3. When Greg passed away on April 20, 2022, his 50% interest share was split, pro rata,
among the remaining beneficiaries. (Trust, art. II, para. (C)(5)(c).) Consequently, Petitioner has a
40% (20% + ((2/5)50%)) beneficiary interest in the Trust and Respondent has a 60% (30% +
10 ((3/5) 50%)) beneficiary interest.
II. Jurisdiction Venue and Standin
12 4. Jurisdiction. Pursuant to Probate Code section 17003, subdivision (a), this Court has
13 jurisdiction over the Trust because its principal place of administration is in California.
14 Specifically, the only Trustee of the Trust, Respondent, resides in this county and conducts the
15 day-to-day administration of the Trust here.
5. Venue. Probate Code section 17005, subdivision (a) provides that, "in the case of a
17 testamentary trust, the proper county for commencement of a proceeding is... the county where the
18 principal place of administration of the trust is located." The only Trustee of the Trust administers
19 the day-to-day tasks of the Trust in this county.
20 6. ~Standin . Petitioner is a beneficiary of the Trust and has standing under Probate
Code sections 17200, 16420 and 15642 to bring this petition.
III. General Alle ations
7. Upon information and belief, Respondent lived with her mom, Charlene, and
24 managed all Charlene's affairs before Charlene passed away on June 6, 2021. Respondent had
25 access to Charlene's bank accounts and assets during this time and after she passed.
26 8. Upon information and belief, aAer Charlene passed away, but before Thomas passed
27 away, Respondent transferred property and cash assets of more than $ 50,000 into an account for
her own personal use and benefit, without authorization from Charlene or Thomas. A copy of the
PETITION FOR I) REMOVAL OF TRUSTEE; 2) APPOINTMKNT OF SUCCESSOR TRUSTEE; 3) INSTRUCTIONS
FOR DISTRIBUTION; 4) DIVISION OF TRUST; 5) ACCOUNTING; AND 6) CONVERSION
-2- Doc ID: 522457e075fbee163db376f4b7cf757e055f 24d
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Cameron Kim (SBN: 348463) SKYWHEEL LAW APC 3/24/2023 5:40 PM 660 Newport Center Dr, Ste. 600 Newport Beach, CA 92660 By: DiAnna Verdugo, DEPUTY cameron.kim@skywheellaw.com Attorney for Petitioner, CHRISTOPHER MORRIS. \OOOQONUx-hmm SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO NO.:TRUSBZ300064 InRe Case 10 The First Amendment to and The Morris PETITION FOR 1) REMOVAL OF 11 Trust Amended and Restated In Its Entirety on vvvvvv TRUSTEE; 2) APPOINTMENT OF September 22, 201 1. SUCCESSOR TRUSTEE; 3) 12 INSTRUCTIONS FOR DISTRIBUTION; 4) DIVISION OF TRUST; 5) 13 CHRISTOPHER MORRIS ACCOUNTING; AND 6) CONVERSION as Beneficiary, [Probate Code §§ 17200, 16420, 15660, 15412, 14 Petitioner, 16064] 15 vs. DATE: 05/1 0/2023 TIME; 9:00 AM 16 LISA MARIE BONNELL as Trustee, vvvvvvvvvvvvvvv DEPT: S36 JUDGE: MICHELLE GILLEECE 17 Respondent. 18 19 20 21 Petitioner, Chn'stopher Morris (“Petitioner” or “Christopher”), alleges: 22 I. Background 23 1. Thomas J. Morris (“Sett10r” or “Thomas”) and Charlene R. Morris (“Charlene” , as 24 joint settlers and trustees, executed The Morris Trust 0n December 17, 1993. The trust was 25 amended and restated in its entirety 0n September 22, 2011 (“Restated Trust”). On March 16, 26 201 5, Thomas and Charlene executed the First Amendment t0 the Restated Trust (“First 27 Amendment”). The Restated Trust, together with the First Amendment, is the operative trust 28 instrument (“Trust”). A true and correct copy of the Restated Trust is attached as Exhibit “1” and is PETITION FOR 1) REMOVAL OF TRUSTEE; 2) APPOINTMENT OF SUCCESSOR TRUSTEE; 3) INSTRUCTIONS FOR DISTRIBUTION; 4) DIVISION OF TRUST; 5) ACCOUNTING; AND 6) CONVERSION - 1 ~ Doc ID: 522457e075fbee1 63db376f4b7cf7578055f‘ l24d incorporated herein by this reference. A true and correct copy of the First Amendment dated March 16, 2015, is attached as Exhibit "2" and is incorporated herein by this reference. 2. Petitioner initially had a 20% beneficiary interest in the Trust. (Trust, art. II, para. (C)(5)(b).) Lisa Marie Bonnell (" Respondent" or "Trustee") initially had a 30% beneficiary interest in the Trust. (Trust, art. II, para. (C)(5).) Greg Morris (" Greg") initially had a 50% beneficiary interest in the Trust. (Trust, art. II, para. (C)(5).) 3. When Greg passed away on April 20, 2022, his 50% interest share was split, pro rata, among the remaining beneficiaries. (Trust, art. II, para. (C)(5)(c).) Consequently, Petitioner has a 40% (20% + ((2/5)50%)) beneficiary interest in the Trust and Respondent has a 60% (30% + 10 ((3/5) 50%)) beneficiary interest. II. Jurisdiction Venue and Standin 12 4. Jurisdiction. Pursuant to Probate Code section 17003, subdivision (a), this Court has 13 jurisdiction over the Trust because its principal place of administration is in California. 14 Specifically, the only Trustee of the Trust, Respondent, resides in this county and conducts the 15 day-to-day administration of the Trust here. 5. Venue. Probate Code section 17005, subdivision (a) provides that, "in the case of a 17 testamentary trust, the proper county for commencement of a proceeding is... the county where the 18 principal place of administration of the trust is located." The only Trustee of the Trust administers 19 the day-to-day tasks of the Trust in this county. 20 6. ~Standin . Petitioner is a beneficiary of the Trust and has standing under Probate Code sections 17200, 16420 and 15642 to bring this petition. III. General Alle ations 7. Upon information and belief, Respondent lived with her mom, Charlene, and 24 managed all Charlene's affairs before Charlene passed away on June 6, 2021. Respondent had 25 access to Charlene's bank accounts and assets during this time and after she passed. 26 8. Upon information and belief, aAer Charlene passed away, but before Thomas passed 27 away, Respondent transferred property and cash assets of more than $ 50,000 into an account for her own personal use and benefit, without authorization from Charlene or Thomas. A copy of the PETITION FOR I) REMOVAL OF TRUSTEE; 2) APPOINTMKNT OF SUCCESSOR TRUSTEE; 3) INSTRUCTIONS FOR DISTRIBUTION; 4) DIVISION OF TRUST; 5) ACCOUNTING; AND 6) CONVERSION -2- Doc ID: 522457e075fbee163db376f4b7cf757e055f 24d