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1 KENNY C. BROOKS (SBN 254842)
MICHAEL MCCARTHY (SBN 89588)
2 NEMECEK & COLE
A Professional Corporation
3 16255 Ventura Boulevard, Suite 300
Encino, California 91436-2300
4 Tel: (818) 788-9500 / Fax: (818) 501-0328
5
Attorneys for Defendants
6 ROGERS SHEFFIELD & CAMPBELL, LLP and
SHEILA PRICE (as Representative of the estate of Homer Sheffield)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
16255 VENTURA BOULEVARD, SUITE 300, ENCINO, CALIFORNIA 91436-2300
9
10 FOR THE COUNTY OF SANTA BARBARA
TELEPHONE (818) 788-9500 FACSIMILE (818) 501-0328
11
NEMECEK & COLE
A PROFESSIONAL CORPORATION
12 NICOLE EMILY JORDAN, individually and as Case No.: 23CV02702
Successor Trustee and Beneficiary of THE Assigned to Hon. Colleen Sterne
13 BOROMIR AND VIRGINIA JORDAN
FAMILY TRUST, and as Beneficiary of and SHEILA PRICE (AS REPRESENTATIVE
14 Successor-In-Interest to the ESTATE OF OF THE ESTATE OF HOMER
VIRGINIA JORDAN (DECEASED)
15 SHEFFIELD)’S REQUEST FOR
Plaintiff, JUDICIAL NOTICE IN SUPPORT OF
16 DEMURRER AND MOTION TO STRIKE
v.
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Date: October 23, 2023
ROGERS SHEFFIELD & CAMPBELL, et al.
18 and DOES 1 to 20; inclusive, Time: 10:00 a.m.
Dept: 5
19 Defendants.
(Demurrer and Motion to Strike Concurrently Filed)
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Defendant Sheila Price (representative of the estate of Homer G. Sheffield Jr. -- “Sheffield”)
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respectfully request that this Court take judicial notice, pursuant to Evidence Code §§ 451(a) and
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452(d), of the following documents in support of her concurrently filed Demurrer and Motion to
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Strike:
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3776264.1 1
REQUEST FOR JUDICIAL NOTICE
1 Exhibit A: Petition for Order Confirming Petitioner as Trustee and Confirming Trust
2 Assets (Santa Barbara Superior Court Case No. 21PR00040.)
3 Exhibit B: Order Confirming Mark Watson as Trustee and Confirming Trust Assets
4 (Santa Barbara Superior Court Case No. 21PR00040.)
5 Exhibit C: Nicole Jordan’s Petition to (1) Establish Her as Sole Successor Trustee & Sole
6 Beneficiary and to Establish Trust Assets Under Sixth Trust Amendment, and For Declaratory Relief
7 (Santa Barbara Superior Court Case No. 21PR00040.)
8 Exhibit D: Minute Order dated January 19, 2023 (Santa Barbara Superior Court Case No.
16255 VENTURA BOULEVARD, SUITE 300, ENCINO, CALIFORNIA 91436-2300
9 21PR00040.)
10
TELEPHONE (818) 788-9500 FACSIMILE (818) 501-0328
11 DATED: September 7, 2023 NEMECEK & COLE
NEMECEK & COLE
A PROFESSIONAL CORPORATION
12
13 By: Kenny Brooks
MICHAEL MCCARTHY
14 KENNY BROOKS
Attorneys for Defendants
15 ROGERS SHEFFIELD & CAMPBELL, LLP
and SHEILA PRICE (as Representative of the
16 estate of Homer Sheffield)
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3776264.1 2
REQUEST FOR JUDICIAL NOTICE
EXHIBIT A
Pg. 3
ELECTRONICALLY FILED
Jelt'ey B. Soderborg, CA Bar #264666 Superior Court of California
il
Baraes & Barnes
County of Santa Barbara
1900 State Skeet, Suite M
Sania Barbara, CA 93101 Darrel E. Parker, Executive Offic
tel: (805) 687-6660 112712021 2:30 PIr/l
fax: (805) 682-6772 By: April Garcia, Deputy
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Attomeys for MARK WATSON,
Trustee
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8ll SUPERIOR COURT FOR TI{E STATf, OF CALIFORNIA
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ell IN AND FORTHT COUNTY OF SANTA BARBARA
ANACAI}A DIWSION
rli In re the Matter of the 21PR00040
) No
)
) PETiTION FOR ORDER
) CONFIRM]NG PENTIONER AS
The BORIMIR AND VIRGINIA ) TRUSTEE AND CONIIRMING
JORDAN FA.MILY TRUST dated ) TRUST ASSETS
September \7, 1998
Ill )
) (Cal. Prob. Code 9850(a)(3); 17200)
)
) }v1s10311812021
) Time: 9:00 a.m.
) Dept: Five [Judge Colleen K. Sterne]
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Petitioner, MARK WATSON, as Trusrce of the BORIMIR AND VIRCINIA JORDAN
re ll
FAMILY TRUST, dated September 17, 1998 and thereafler amended. respectfully represents:
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2til
INTROI] UCTTON:
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L The BORIMIR AND \,'IRGIMA JORDA}{ FAMILY IRUST was established
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by declaration of trnsr executed on Seprember 17, 1998 by DR. BORIMIR JORDAN
('hereinafter and with no disrespect, "BORIMIR') ald VIRGINIA JORDAN ftereinafler and
with no disrespect, "VIRGINIA") as Seulors and Tn:stees. The trust agreement was amended
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and restated in its entirety by Third Amendmcnt lo and Complete Restatement olDeclaration of
Trust executod by Settlors on April 6, 2007. The tust was thereafter amended by a Fourth
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Amendment to lJeclaration of Trust execured by Settlors on August 16, 2010, and for the final
PEnTIoN ToR ORDTR CoNT]RMINC TRUsT[,j AND TRUST AssETs PACr, l
Pg. 4
time by Fiflh Amendment to Declaration of Trust exeouted by Settlors on May 11, 2012. The
original trust and all amendments thereto are collectively referred to as the ,,TRUST.', A kue
and correct copy of tle TRUST is attached hereto as Exhibit ...|"
2. BORIMIR passed away on March 26,2020, upon which event the TRUST
agreement directs the division of the TRUST estate into two (2) separate shares, TRUST A and
TRUST B, each to be administered as a s€parate trust, (Exh. A, p.4 of Third Amendment and
Restatement of Trust), TRUST B is to be estabiished as an irrwocable sub-trust and TRUST A
is to remain amendable and revocable by VIRGINIA as the surviving Settlor. @xh. A, p.2 of
Third Amendment and Restatement of Trust).
3. The TRUST agreement directs the Trustee to allocare to TRUST A all of the
surviving Setdor's separate pmperty and ono-half (%) share of all comnudty property with
adjustnenE (if necessary) for federal estate tax planning purposes. (Exh. A, p.5 ofThird
Amendment and Restatement of Trust). The remainder of the TRUST estate (i.e., the deceased
Setdor's sepatate property and one-half (%) share of community property) is to be allocated to
TRUST B up to the maximum value of cash and prop€f,ty valued at the "applicable federat
exclusion arnount." (Exh. A, p.7 of Third AmendmsLt and Restatement of Trust). The
applicable federal exclusion amount in effect in2020 wheu BORIMIR passed away was $ 11.58
million.
4 . VIRGINIA passod away on Novemb er I , 2020 , upon which event TRUST A
became irre^rocable, and both TRUST A and TRUST B became terminating tusb sub.ject to
po st-death adrninistralion.
5. Prusuant to Paragraph C ofARTICLE III ofthe TRUSI upon the death ofboth
Settlors, ruSTIN M. PEARLMAN and HOMER G. SHEFFIELD JR, are to serve as co-
Trustees. (ExlL A, p.4 of Fourth funcndment of Trust). That same paragraph grants Mr.
Pearlman and N{r. Sheffreld the powet to appoint a successor Trustee. Id. By letter datcd
November 26, 2020, ruSTIN M. PEARLMAN declined to act as Trustee. By notarized
instrument exesuted on December 7, 2020, Homer G. Sheffield, Jr., appointed MARK
WATSON (petitioner herein) as Trustee of the TRUST and all sub-trusts created thereurder
PETmoN FoR ORDSR CoI\FIRMTNG TRusrEE AND TRUsr AssErT PACE2
Pg. 5
I including TRUST A and TRUST B. A true and correct copy of this nomination is attached
2 hereto as Exhibit (B.n
3 6. Following his appointment as Trustee, petitioner began the post-death
4 adminisbation of TRUST A and TRUST B Under tbe TRUST, which included the marshaling
{ ofassets and the sending out ofNotices by Trustee to the beneficiaries of the TRUST. Such
6 Notices by Trustee r+'ere mailed to the beneficiariesr on January 7, 2021 and included copies of
7 the TRUST and all a"'endments thereto, Iu reviewing the vesting reports for the properties
8 listed in "Schedule A-l' to the TRUST (Exh. A, p.23-24 of Third Amendment and Rrstatement
I of Trust), it became apparent that while the property located at and commonly called 5513
t0 Camino Cerralvo, Santa Barbara, Califomiq had been kansferred by Settlors into the name of
l1 the TRUST, title to the p(operti$ at located and c.ommonly called 87 Santa Felicia, Goleta,
72 California and 639 Lyndon Steet, Monlerey, Califomia were not ransferred into the name of
13 the TRUST and instead remained vested in the name of Dr. BORIMIR JORDAN as his sole and
14 separate property. The deeds showing lhis marmer of vesting for these properties are attached
l5 h€reto as Erhibit "C,"
16 7. This warrants correstion now so that suc.h properties can be distibuted pursuant
t't to the TRUST as inleuded by Settlors. Accordingln petitioner seeks tbis Court's order pursuant
l8 to Probate Code Section 850 et. seq., confirrning that these real Fopefiy asseh are properly held
t9 in the TRUST subject to the managemenl ,nd control of petitioner as solc Trustee of the
20 TRUST.
2l 8. In addition, following the mailiag of the Notices by Tmstee, petitioner received
22 conespondancr from Settlors' daughter MCOLE JORDAN (hereimfter and with no disrespect,
23 "MCOLE ), to the efiect that the TRUST documsnts in petitioner's possession may have been
24 amended and/or revoked, or that such doeuments do not authorize petitioner to act on trehalfof
25 the TRUST. Petitioner and counsel have attempted to understand MCOLE's allegations
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At this time, the notices by Trustee only went to three (3) daughters of Settlors, who are
the heirs of Settlors and remainder beneficiaries of the IRUST. The TRUST also names three
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(3) beneficiaries who are each to rrccive small cash gifu. Petitioner is investigating the
whereahuts of these beneficiaries.
PETMON FOR ORDER CoNFIRMSIO TRUSTEE AND TRU T ASSETS PAGE 3
Pg. 6
1 through correspondence with her, but her responses have been colfusing and inconsistent, and
2 she has refused to provide copies ofthe documents she claims to supercede those pursuant to
3 which petitioner is acting. Accordingly, petitioner seeks this Court's order confrmring that the
4 TRUST documents atlarhcd to this p,ctilitiu are valid and set fonh tlrc most recent and
5 controlling iteration of ahe TRUST, and that petitioner is the sole Trustee of the TRUST.
6
7 VENUE:
8 9. At the time of the deatbs of BORIMIR and VIRGINIA, both Settlors were
9 residents of Santa Barbara County, California. Petitioner, the Trustee ofthe TRUST, is a
10 Califomia Professional Fiduoiary, whosc office is in Santa Barbara County. Accordingty, the
ll prinoipal place of adminiskation of the TRUST is Santa Barbara County, Califomi4 and venue
12 is proper before this Court.
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t4 THE BORIMIR AND VIRG.INIA JORDAN FAMILY TRUST:
t5 10. A true and correct copy of the TRUST and all amendments thtreto are attached
l6 hereto as Exhibit A. As described above, the TRUST is what is known as an A / B Trust, such
17 that upon the death of the lirst Settlor to die, his/her share of the Tnrst estate is allocated to an
l8 inevocable B Trust, with the surviving Settlor's assets allocated to an A Trust. petitioner is
19 infonned and believes that Settlor VIRGINIA JORDAN, who was the sole Trustee following
20 BORIMIR's death in March of 2020, was in failing health and thus did not take the steps
2l nocessary to complete the allocation of assets between TRUST A and TRUST B. These trust
22 administation steps will need to be taken now prior to distribution from the TRUST.
23 11. Following the death ofthe surviving Settlor, the TRUST agreerncnt directs that
7l the remaining assets held in TRUST A are to be distributed in the same marmer as is provided
2.) for in TRUST B. (Exh.4 p.l of Fifth Amendment of Trusr) Thc TRUST agreement directs
26 the disnibutiou of the remainiog assets held in TRUST B as follows:
27 . The Trustee shall distribute the sum of ten thousand do]lars ($10,000) to
each of the following named nieces of Settlors who survivo: MARGIE
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MEKOSKT ruDY MEKOSKI and NANCY MEKOSKI;
PmirroN roR ORDER CoNFTRMD{G TRUSTEE AND TRUsr AssETs PAGE ,l
Pg. 7
The Trustee is directed to sell all assets in the Trust estate, specifically
including all real estate therein, and disfibute the residue ofthe Trust
estate, outdght and ftee of Trusg in equal shares, one (l) share to each
theo living child and one (1) share to the then living descendants of any
deceased child of Settlors, upon the principle ofrepresentation.
12. Petitioner is informed and bEliwes that Settlors were survived by three (3)
children, namely, NICOLE JORDAN, ANGELA JORDAN and JENNIFER JORDAN, and that
Settlors had no predeceased ehildren with issue surviving.
VALIDA T
13. As the Court will recal'I, petitioner vas appointed temporary conserwtor of the
person and esrate of YIRGINIA by Order of court dated October 23, 2020 (Sama Barbara
Superior Court, Case No. 20PR000158). In that capacity, petitioner began investigating the
status of VIRGINIA's financial affairs, including any estate plaming documents she or her late
husband had in place. As part of that investigation, petitioner reached out to attomey Homer
Sheffield Jr., who was BORIMIR's and VIRGIMA's long-timc estate plaru:ing counsel. By
letter ofNovember 11, 2020, Mr. Sheffield provided to petitioner '*'hat hc believed to be ihe
curent iter.ltion of YIRGINIA and BORIMIR'S esate p1an, including the TRUST. A true and
correct co1ry ofthis letter is attached hereto as Petitioner is infonned and believes
that these documents were copied directly ftom Mr. sheffreld's flle without alteratiorl and thus
set forth the current and controlling itoration of the TRUST. Pusuant to the powers granted to
him under the TRUST, Mr. Shefiield nominated petirioner as Trustee of the TRUST and all
sub-trusts created thereunder (see Exhibit C hereto),
14. Petitioner mailed a Notice by Trustee to Settlors, three (3) daughters, including
NICOLE, on January 7, 2021, a uue and correct copy of which is attached hereto as Exhibit
Iamary 12,2021, counsel for petitioner rcceived a FAX, apparently from NICOLE to
I\4r. Sheffield, a true and conect copy of which is attached hereto a Exhibit ..F.', Among other
statements, the FAX asserts that Mr. Sheftield Ered BORIMIR and VIRGINIA as clients and
that he returned the originals of (reir estate planning doouments to them. NICOLE also alludes
PETmtoN FoR ORDER Co]\TIBJITTNc TRUSTEE ANDTRUST AssETs PAoE 5
Pg. 8
1 to the fact that the documents relied upon by petitioner are outdated and that the new executor
2 trustee and beneficiaries are in possession ofthe updated trust. Counsel for petitioner
responded to this FAX by letter ofJanuary 13, 202i, a true and correcl copy ofwhich is
4 attached hereto as Exhibit "G.' The letter requests clarification from NICoLE and copies of
5 any new trust documents so that petitioner may know how to proceed, As ofthe date ofthis
6 petition, neither petitioner nor counsel has received a substantive response to these requests for
7 information.
8 15. On January 14, 2021 NICOLE wrote to counsel by errail and reiterated the
9 statements set forth i.n her FAX, but AGAIN without any evidenee in support. The ernail
10 asserts that the original documents were sent !o VIRGINIA and BORIMIR by Mr. Sheffield,
l1 and that ths TRUST has been changed. Counsel responded to this ernail the next day again
t2 requesting information from NICoLE regarding her statements and copies of any documents
13 purpodng to amend the trust documents in petitioner's possession. A true and conec.t copy of
14 this email correspondence is attached hereto as Erhibit "H.' As ofthe date ofthis petition,
15 neither petitioner nor co,nsel has received a substantive response to these requests for
l6 information.
l7 16. Most rocently, MCOLE has contaoted petitioner by text message demanding to
t8 see the original of the TRUST ageement and amendments thereto. lo the toxts, NICOLE
19 appoars to assert that petitioner may not act unless he has in his possession the original
20 documents, and that the copies of rhe TRUST sent to her do not seem right. This request is
21 confomding in tftat in previous correspondence (e.g. the previous IAX and email) MCOLE
22 asserted tbat the originals s1th. TRUST documents wef,e sent 10 VIRGINIA and BORIMIR
23 As documented in the conservatorship proceeding, MCOLE lives in the former home of
24 VIRGINIA aad BOzuMIR (5513 Camino Cenalvo) and has had exclusive access to rheir
25 records for many years and certaiflly sinoe petitioner has bcen involved in this matter. Ir f.ast,
26 following petitioner's appointrnent as remporary conservator for vIRGINIA, petitioner made
27 muitiple attempts to meet with VIRGINIA at her home as needed to assist her with hcr aflairc.
28 However, these sttempts were srymied by MCOLE, who effectively blocked petitiona's
PETI.ION FoR ORDER CoNFIRMINo.IRUSTEE AND TRUST AssE-Ts PAGE 6
Pg. 9
attempts Io meet with VIRGINIA. The same was experienced by tie Court Levestigator as part
of the conservatorship proceeding.
17. Petitioner has no reason to believe fhat the TRUST documsrts in his possession
do not set forth the current and conrolling ileration of the TRUST, or that they do not match the
origirrals. indeed, the TRUST doouments attached to this petition were provided directly to
petitioner by VIRGIMA aud BORIMIR's attomey, Homer G. Sheffield, Jr., without alteration.
18. Given these circumstances, petitioler requests this Court's order confrming that
the Trust documents attached hereto as Exhibit A set forth the cunent and controlling iteration
of the TRUST and all sub-trusts created the(eunder, and that petitioner is the sole Trustee of the
TRUST and all sub-trusts created thereunder.
PETITION TO CONFIRM ASSETS HELD IN TRUST:
19. The TRUST Agreemcnt pmvides, in pertinent part:
DR. BORIMIR JORDAN and VIRGNU JORDAN, hereinafier
referred to as "Trustees", hereby declare thot they have received, as Trustees,
fiom DR. BORIMIR JOfuDAN and WRGNA JORDAN, hereinafier sometimet
referred to colleahtely as "Eetlors," lhe property desuibed in Schedule "A-1,'
attached. herelo, herutofore the property af lhe Settlors.
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All property now ot hereinafier subJect to this Trust shal be held,
managed and distributed as hereinafter set forth
(Exh. A, p. 1 of Third Arnendment and Restatement of Tnrst)
20. Attached to the TRUST Agreemcnt is Schcdule "A-1" (Edr. A, pages 23-24 of
Third Amendment and Restatement of Tnrst) on which are the following assets:
. Property looated at 639 Lyndon Street,
Monteren California 93940 (APN:001-164-017) - Borimir
Property located at 87 Santa Felicia Dr.,
Golet4 Califomia 93117 (APN: 073-160-012) - Borimir
21, The inclusion ofthe narre "Borimir" follo$.ing the propefty connotes that this
was the separate property of BORIMIR
PrnrroN FoR ORDER CoNFTRMTNG TRUSTEE AND TRUsrAssErs PAGET
Pg. 10
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, ll 22. Despite the reference to these pieces of real property in Schedule "A- 1," Settlor I
, ,O** *parently did not formally transfer title to the properties inro the IRUST name
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3 nrior to his aeath. Accordingly, at BORIMIR's death, the real properties remained vested ir: the
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I name, "eOnfrllR JORDAN, C),
a married man as his sole and separale properry." (See ExI.
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5 ll 23. This Court is no doubt akeady familiar with Esrate of Heqsslad (1993) 16 I
u jf + 943, 20 Cal.Rptr.2d 433, in which a settlor's written declararion sratinc that he herd
"r.o* I
i il il:ffiffi#i#*i[:;il-Hlr;":ffi:
T ** I
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O ao"um"nt tlrled "schedule,\" on which were listed various assets, including tlre propery in I
II Auestion.'? The property was not therea.fter transferred to the trusr name, and it remained vestea
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f Z ff in tire settlor's name at his death. /d, ar1946,414. Nonetheless, the court concluded thar, ir I
f : ll ,iew of the settlor's specific inclusion of the propcrty h the attachment ro the trust instnrment, I
f + *n*r. war
rransler of the properry to the trust name was unnecessary, ard the property
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l5 ff properly included inrhe trust estate. ld. a1950,436. The principles of Heggstad have been I
f e
ll coaitea UV statute by California Probate Code Sectioo 850, which allows a Tnrstee to petition I
IZ tn".o"rt t" confirrn that property is properly held in tust.
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ll 24. The analory to the instant situation is obvious: The Sefllors esrablished a I
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ll re"ocabl. living trus! aad attached to the trust itrstrument a schedule of assets (schedule "a- |
ZO f "1, *ru"n included a specific reference to the two (2) pieces of real property at issue. The
ll TRUST Agreement states that*DR BONMIR JORDAN I
21 and VIRGINU JORDAN. hereinafer
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22 fi referred to as 'Trustees', hereby decloe that rhey have received, as Trustees, from DR I
ZZI eOruAm nnOeN and YIRGNIA JORDAN, hereinafter sometimes referued as
to collect;ueU
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24 "Settlors," the propefiy desuibed in Schedule "A- l " attached hereto, heretofore the property
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ZSI[ t tn, Settlors;' and "All property now or hereinafter subjec! to this Trust shatt be hetd, I
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,7 I'? The property was actually mislabeled on the asset schedule. While the s€ttlor in fact I
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,, owned an undivided 34.78% interest in a parcel of real property, the interest was described as a I
"" ll "partnership iaterest" in the real property on the asset schedule. This distinction apparently did
not deter the court in reaching its decisioo. I
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PErmoN roR OR-DER CoNFn'MD.Jc TRUSTEE AND TRUsr AssErs PAGE 8 I
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Pg. 11
managed and distributed as hereinSer set forth." Settlors' i-ntention could hardly be more
clear: the two (2) pieces of real property at issue were intended to be included in the TRUST as
BORIMIR's separate property aod administered and distibuted as a part thereof.
25. Furthermore, at his deatlr, BORIMIR had a Will in place which directs the
distribution ofthe rernainder of his estate to the Trustees {ren in place ofthe TRUST. A copy
of BORIMIR's will and all codicils thereto is attached hereto as Exhibit "I.', Accordingly, the
transfcr of the property at issue to the TRUST is entirely consistont with BORIMIR'S estate
planning inlentions and the ultimate result would bs the same even the reliefrequested hercin
was not granted.
26. In light ofthe foregoing, petitioner requests that this Court canfim: that the real
property assets listed below are assets subject to the TRUST, and under the control of MARK
WATSON, as successor Tnrstee.
I . Real property in the City of Goleta, Couty of Santa Barbara, State of
Califomia, known commonly as 87 Santa Felicia Drive, and mone
particularly described as follows:
Lor l2 of Tract 10362, in the Cormty of Santa Barbata, State of
Califomi4 as shown on map recorded in Book 73, Pages ?6 and 17 of
Maps, in the office of lhe County Recorder of said County.
a) Also reserving therefrom non-exclusive easemont for well-site,
water service facilities, ingress, egress, private utilities and
incidental purposes, over, under, across and through thar area
described as a rectangle in the Northwest corner of said Lot 12,
I 0 feet in length and South of the North line and 20 feet in length
and East of the West line of Parcel 2l ofTraat 10362.
b) Also reserving the right to twcnty fi ve percent (25Y1of all wat€r
produceable from arry existing or future well drilled in tbe well
site srea described above.
c) Also reserving a non-exclusive ease'ment for watet pipeline,
ingress, egress, private utilities and incidental purposes over,
under, across and tkough a strip of land offive feet in width
along thg westerly boundary ofParcel I2 of Tract I0362,
extending frorn the well site desoribed herein to the southerly
boundary of said Parcel I 2, and similarly along the westerly
PErrnoN roR ORDER CoNFTRMTNc TRUSTEE AND TRUST AssErs PAcs I
Pg. 12
boundary ofParcels 10, l1 and 13 as in their northern and
southern boundaries,
APNr 073-160-012
) Real proper{y in the Comty of Monterey, County of Monterey, State of
Califomia, known commonly as 639 Lyndon Steet, and more
particularly described as follows:
Lots 28 and 30 in Block Numbered 42 of said Lots and Block are shown
oa that certain map entitled, "Map of Withers' Addition to the City of
Monterey, Monterey County, California, W.C. Little, Surveyor, August
1890," filed for record April 19,1892. inthe office ofthe Cotmty
Recorder of &e County of Monterey, State of Caiifomia, in Volume I of
Maps, "Cities and Towns", at page 4.
APN:00I-164-017
NOTICE:
27 . The permns entitled to notice ofthis petition are the Settlors' tlree (3) adult
children, who $e eatitied to dishibution of the property at issue, as remainder beneficiaries,
tmder the TRUST instrumeut, and who also constitute the Settlors' heirs at law. In addition,
notice is provided to all Trustees named in ihe Trust. A list of these individuals is attached
hereto as Exhibit'U."
28. Petitioner notes that the Fifth Amendment to thc Trust adds tfuee (3) nieoes of
Settlors - MARGIE MEKOSKI, JUDY MEKOSIC and NANCY MEKOSKI, as pecuniary
beneficiaries under ihe TRUST, wil]r each to receive a specific cash gift of$i0,000. Petitioner
has conducted a public records search and inquired with Mr. Sheffield the draftirg attorney,
regarding the whereabouts of these individuals. However, no contact infonnation for these
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individuals has come to ligtlt as of yel Petitioner hopes 1o have notices se1fi to these parties
prior to the hearing on this petition, but in tJre event that these individuals cannot be found in
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time, petitioner respectfully requests this Court's order waiving the notice requiement to
MARCIE MEKOSKI, JI,DY MEKOSKI and NANCY MEKOSKI in light of the following
factors: (1) The property at issue in this petition is not specifically devised to any ofthese
parties; (2) The aforesaid parties will only inherit from Settlors' assets by virtue ofthe TRUST,
PEmloN FoR ORDER CoNFm,MTNG TRUSTEE AND TRUST AssE'ts PAGE 10
Pg. 13
I which this petition seeks to validate and fimd. Therefore, the interests of thesc parties will not
2 be adverseiy affected if the reliefrequested hercin is granted; and (3) the aforesaid parties are
3 not intestate heirs of either Settlor.
4
5 WHEREFORE, petitioner prrays for this Court's order that:
6 1. The BORIMIR AND VIRGINIA IORDAN FAMILY TRUSI dated September
7 17, 1998, and thereafter amarded, is valid.
8 2. The tust documents attached hereto as Exhibit A set forth the current and
9 conholling iteration of the BORIMIR AND VIRCINIA JORDAN FAMILY TRUST, dated
l0 Septcmber 17, 1998, and thereafter amended, and al1 sutrtrusts created thercunder;
ll 3. MARK WATSON is tbe sole Trustee of the BORIMIR AND VIRGINIA
t2 JORDAN FAMILY TRUST, daJEd Separnber 17, I 998, and thereafter arnended, ard all sub-
L3 trusts created thereunder;
14 4. The teal property in the City of Goleta, County of Santa Barbata, State of
15 Califomia, knolvn commonly as 87 Santa Felicia Drive, and more particularly described as
16 below, which is currently vested in the name of "BORIMIR JORDAN, a married man as his
17 sole and separate property" is properly an asset of the BORIMIR AND VIRGINIA JORDAN
18 FAMILY TRUST, dated Septemb€r 17,1998, and lhercafter amendcd, and is subject to the
19 management and confol of MARK WATSON, as Trustee of such Tnrst:
20 lnt of Ttact 10362, in the County of Santa Barbara, State of Catifomia, as
12
shown on map recorded in Book 73, Pages 76 and 77 ofMaps, in the office of
21
the County Recorder ofsaid County.
22
a) Ajso reserving thereftom non-exclusive easement for well-site,
23
water service facilities, ingrcss, egress, private utilities and
24 incidcntal purposes, over, under, across and through that area
described as a rectangle in the Northwest comer of said Lot 12, i 0
25 feet in length and South ofthe North line and 20 feer in length and
26 E€st ofthe West line of Parccl 21 of Tract 10362.
27 b) AIso reserving the right to twenty five percertt (25Y) of all water
produceable from any existing or future well drilled il the well
28
site area described above.
PETrnoN FoR ORDER CoNr'rRMrNG TRUSTEE A.ND'fRUsr ASSETS PAcs I I
Pg. 14
I c) Also reserving a non-exclusive easement for water pipeline,
ingress, egress, private utilities and incidental purposes over,
2
under, across and through a strip ofland offive feet in width
3 along the westerly boundary ofParcel 12 ofTracr 10362,
extending from the well site described herein to the southerly
4
boundary ofsaid Parcel 12, and similarly along the westerly
5 boundary of Parcels 10, I I and 13 as in their northem and
southern boundarics.
6
APN;073-160-012
I 5. The real property in the City of Monterey, County of Monterey, State of
9 califomia, knovrn commonly as 639 Lyfldon Street. and more particularly described as below,
10 which is cunently vested in the name of *BORIMIR loRDAN, a married man as his sole and
I1 separate property" is properly an asset of the BORIMIR AND VIRGINIA JORDAN FAMILy
12 TRUST, dated September 17, 1998, and thereafter amended, and is subject to rhe management
13 and control of MARK WATSON, Trustee of such Trust:
t4
Lots 28 and 30 in Block Numbered 42 of said Lots and Block are shown on that
15 certain map entitled, "Map of Withers' Addition to the Cjty of Monterey,
16
Monterey County, California, W.C. Little, Surveyor, Augusr 1890," filed for
record April 19, 1892 in the office of the Coune. Recorder ofthe County of
17 Moaterey, State of Califomia, in Volume 1 of \4aps,..Cities and Towns',, at page
4.
l8
l9 APN:001-164-017
2A
6 Awarding petitioner costs of suit incurred in this action; and
7 Granting such further relief as the Couft may deem proper.
22
Respectfully Submitted
23 B.{RNES & BARNES
Attomeys for petitioner
24
25 Dated: t )1 Zo-rL
26 Jeffrey oder
27
28
PETfl'IoN ToR ORDER CoNnRMING TRUS.IEE^ND TRUST AssETs PAGE l2
Pg. 15
I, the undersigne d, declare:
I am the petitioner in the above-titled matter, I have read the foregoing petition and
know its conterts, which are tru€ of myown knowledge, except as to those matters which are
statrd upon my infonnstion and belief, aad as to those matters I bcliove it to be tnrc.
I declare under peffilty of perjury under rhe Iaws of the State of California that th€
foregoi:rg is fue and correct.
Executedon January27,2O21 , at Santa Barbara, Caiifomia.
Mark afson
PETmo FoR ORDBR CoNTmMtr{o TRUSTEE AND TRUsl AssETs PACE 13
Preview
1 KENNY C. BROOKS (SBN 254842) MICHAEL MCCARTHY (SBN 89588) 2 NEMECEK & COLE A Professional Corporation 3 16255 Ventura Boulevard, Suite 300 Encino, California 91436-2300 4 Tel: (818) 788-9500 / Fax: (818) 501-0328 5 Attorneys for Defendants 6 ROGERS SHEFFIELD & CAMPBELL, LLP and SHEILA PRICE (as Representative of the estate of Homer Sheffield) 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16255 VENTURA BOULEVARD, SUITE 300, ENCINO, CALIFORNIA 91436-2300 9 10 FOR THE COUNTY OF SANTA BARBARA TELEPHONE (818) 788-9500 FACSIMILE (818) 501-0328 11 NEMECEK & COLE A PROFESSIONAL CORPORATION 12 NICOLE EMILY JORDAN, individually and as Case No.: 23CV02702 Successor Trustee and Beneficiary of THE Assigned to Hon. Colleen Sterne 13 BOROMIR AND VIRGINIA JORDAN FAMILY TRUST, and as Beneficiary of and SHEILA PRICE (AS REPRESENTATIVE 14 Successor-In-Interest to the ESTATE OF OF THE ESTATE OF HOMER VIRGINIA JORDAN (DECEASED) 15 SHEFFIELD)’S REQUEST FOR Plaintiff, JUDICIAL NOTICE IN SUPPORT OF 16 DEMURRER AND MOTION TO STRIKE v. 17 Date: October 23, 2023 ROGERS SHEFFIELD & CAMPBELL, et al. 18 and DOES 1 to 20; inclusive, Time: 10:00 a.m. Dept: 5 19 Defendants. (Demurrer and Motion to Strike Concurrently Filed) 20 21 Defendant Sheila Price (representative of the estate of Homer G. Sheffield Jr. -- “Sheffield”) 22 respectfully request that this Court take judicial notice, pursuant to Evidence Code §§ 451(a) and 23 452(d), of the following documents in support of her concurrently filed Demurrer and Motion to 24 Strike: 25 /// 26 /// 27 /// 28 /// 3776264.1 1 REQUEST FOR JUDICIAL NOTICE 1 Exhibit A: Petition for Order Confirming Petitioner as Trustee and Confirming Trust 2 Assets (Santa Barbara Superior Court Case No. 21PR00040.) 3 Exhibit B: Order Confirming Mark Watson as Trustee and Confirming Trust Assets 4 (Santa Barbara Superior Court Case No. 21PR00040.) 5 Exhibit C: Nicole Jordan’s Petition to (1) Establish Her as Sole Successor Trustee & Sole 6 Beneficiary and to Establish Trust Assets Under Sixth Trust Amendment, and For Declaratory Relief 7 (Santa Barbara Superior Court Case No. 21PR00040.) 8 Exhibit D: Minute Order dated January 19, 2023 (Santa Barbara Superior Court Case No. 16255 VENTURA BOULEVARD, SUITE 300, ENCINO, CALIFORNIA 91436-2300 9 21PR00040.) 10 TELEPHONE (818) 788-9500 FACSIMILE (818) 501-0328 11 DATED: September 7, 2023 NEMECEK & COLE NEMECEK & COLE A PROFESSIONAL CORPORATION 12 13 By: Kenny Brooks MICHAEL MCCARTHY 14 KENNY BROOKS Attorneys for Defendants 15 ROGERS SHEFFIELD & CAMPBELL, LLP and SHEILA PRICE (as Representative of the 16 estate of Homer Sheffield) 17 18 19 20 21 22 23 24 25 26 27 28 3776264.1 2 REQUEST FOR JUDICIAL NOTICE EXHIBIT A Pg. 3 ELECTRONICALLY FILED Jelt'ey B. Soderborg, CA Bar #264666 Superior Court of California il Baraes & Barnes County of Santa Barbara 1900 State Skeet, Suite M Sania Barbara, CA 93101 Darrel E. Parker, Executive Offic tel: (805) 687-6660 112712021 2:30 PIr/l fax: (805) 682-6772 By: April Garcia, Deputy ;ll Attomeys for MARK WATSON, Trustee ;il 8ll SUPERIOR COURT FOR TI{E STATf, OF CALIFORNIA fl ell IN AND FORTHT COUNTY OF SANTA BARBARA ANACAI}A DIWSION rli In re the Matter of the 21PR00040 ) No ) ) PETiTION FOR ORDER ) CONFIRM]NG PENTIONER AS The BORIMIR AND VIRGINIA ) TRUSTEE AND CONIIRMING JORDAN FA.MILY TRUST dated ) TRUST ASSETS September \7, 1998 Ill ) ) (Cal. Prob. Code 9850(a)(3); 17200) ) ) }v1s10311812021 ) Time: 9:00 a.m. ) Dept: Five [Judge Colleen K. Sterne] i,il Petitioner, MARK WATSON, as Trusrce of the BORIMIR AND VIRCINIA JORDAN re ll FAMILY TRUST, dated September 17, 1998 and thereafler amended. respectfully represents: ,rll 2til INTROI] UCTTON: ,rll L The BORIMIR AND \,'IRGIMA JORDA}{ FAMILY IRUST was established ,rll by declaration of trnsr executed on Seprember 17, 1998 by DR. BORIMIR JORDAN ('hereinafter and with no disrespect, "BORIMIR') ald VIRGINIA JORDAN ftereinafler and with no disrespect, "VIRGINIA") as Seulors and Tn:stees. The trust agreement was amended ;:il and restated in its entirety by Third Amendmcnt lo and Complete Restatement olDeclaration of Trust executod by Settlors on April 6, 2007. The tust was thereafter amended by a Fourth ,,il Amendment to lJeclaration of Trust execured by Settlors on August 16, 2010, and for the final PEnTIoN ToR ORDTR CoNT]RMINC TRUsT[,j AND TRUST AssETs PACr, l Pg. 4 time by Fiflh Amendment to Declaration of Trust exeouted by Settlors on May 11, 2012. The original trust and all amendments thereto are collectively referred to as the ,,TRUST.', A kue and correct copy of tle TRUST is attached hereto as Exhibit ...|" 2. BORIMIR passed away on March 26,2020, upon which event the TRUST agreement directs the division of the TRUST estate into two (2) separate shares, TRUST A and TRUST B, each to be administered as a s€parate trust, (Exh. A, p.4 of Third Amendment and Restatement of Trust), TRUST B is to be estabiished as an irrwocable sub-trust and TRUST A is to remain amendable and revocable by VIRGINIA as the surviving Settlor. @xh. A, p.2 of Third Amendment and Restatement of Trust). 3. The TRUST agreement directs the Trustee to allocare to TRUST A all of the surviving Setdor's separate pmperty and ono-half (%) share of all comnudty property with adjustnenE (if necessary) for federal estate tax planning purposes. (Exh. A, p.5 ofThird Amendment and Restatement of Trust). The remainder of the TRUST estate (i.e., the deceased Setdor's sepatate property and one-half (%) share of community property) is to be allocated to TRUST B up to the maximum value of cash and prop€f,ty valued at the "applicable federat exclusion arnount." (Exh. A, p.7 of Third AmendmsLt and Restatement of Trust). The applicable federal exclusion amount in effect in2020 wheu BORIMIR passed away was $ 11.58 million. 4 . VIRGINIA passod away on Novemb er I , 2020 , upon which event TRUST A became irre^rocable, and both TRUST A and TRUST B became terminating tusb sub.ject to po st-death adrninistralion. 5. Prusuant to Paragraph C ofARTICLE III ofthe TRUSI upon the death ofboth Settlors, ruSTIN M. PEARLMAN and HOMER G. SHEFFIELD JR, are to serve as co- Trustees. (ExlL A, p.4 of Fourth funcndment of Trust). That same paragraph grants Mr. Pearlman and N{r. Sheffreld the powet to appoint a successor Trustee. Id. By letter datcd November 26, 2020, ruSTIN M. PEARLMAN declined to act as Trustee. By notarized instrument exesuted on December 7, 2020, Homer G. Sheffield, Jr., appointed MARK WATSON (petitioner herein) as Trustee of the TRUST and all sub-trusts created thereurder PETmoN FoR ORDSR CoI\FIRMTNG TRusrEE AND TRUsr AssErT PACE2 Pg. 5 I including TRUST A and TRUST B. A true and correct copy of this nomination is attached 2 hereto as Exhibit (B.n 3 6. Following his appointment as Trustee, petitioner began the post-death 4 adminisbation of TRUST A and TRUST B Under tbe TRUST, which included the marshaling { ofassets and the sending out ofNotices by Trustee to the beneficiaries of the TRUST. Such 6 Notices by Trustee r+'ere mailed to the beneficiariesr on January 7, 2021 and included copies of 7 the TRUST and all a"'endments thereto, Iu reviewing the vesting reports for the properties 8 listed in "Schedule A-l' to the TRUST (Exh. A, p.23-24 of Third Amendment and Rrstatement I of Trust), it became apparent that while the property located at and commonly called 5513 t0 Camino Cerralvo, Santa Barbara, Califomiq had been kansferred by Settlors into the name of l1 the TRUST, title to the p(operti$ at located and c.ommonly called 87 Santa Felicia, Goleta, 72 California and 639 Lyndon Steet, Monlerey, Califomia were not ransferred into the name of 13 the TRUST and instead remained vested in the name of Dr. BORIMIR JORDAN as his sole and 14 separate property. The deeds showing lhis marmer of vesting for these properties are attached l5 h€reto as Erhibit "C," 16 7. This warrants correstion now so that suc.h properties can be distibuted pursuant t't to the TRUST as inleuded by Settlors. Accordingln petitioner seeks tbis Court's order pursuant l8 to Probate Code Section 850 et. seq., confirrning that these real Fopefiy asseh are properly held t9 in the TRUST subject to the managemenl ,nd control of petitioner as solc Trustee of the 20 TRUST. 2l 8. In addition, following the mailiag of the Notices by Tmstee, petitioner received 22 conespondancr from Settlors' daughter MCOLE JORDAN (hereimfter and with no disrespect, 23 "MCOLE ), to the efiect that the TRUST documsnts in petitioner's possession may have been 24 amended and/or revoked, or that such doeuments do not authorize petitioner to act on trehalfof 25 the TRUST. Petitioner and counsel have attempted to understand MCOLE's allegations 26 11 1 At this time, the notices by Trustee only went to three (3) daughters of Settlors, who are the heirs of Settlors and remainder beneficiaries of the IRUST. The TRUST also names three 28 (3) beneficiaries who are each to rrccive small cash gifu. Petitioner is investigating the whereahuts of these beneficiaries. PETMON FOR ORDER CoNFIRMSIO TRUSTEE AND TRU T ASSETS PAGE 3 Pg. 6 1 through correspondence with her, but her responses have been colfusing and inconsistent, and 2 she has refused to provide copies ofthe documents she claims to supercede those pursuant to 3 which petitioner is acting. Accordingly, petitioner seeks this Court's order confrmring that the 4 TRUST documents atlarhcd to this p,ctilitiu are valid and set fonh tlrc most recent and 5 controlling iteration of ahe TRUST, and that petitioner is the sole Trustee of the TRUST. 6 7 VENUE: 8 9. At the time of the deatbs of BORIMIR and VIRGINIA, both Settlors were 9 residents of Santa Barbara County, California. Petitioner, the Trustee ofthe TRUST, is a 10 Califomia Professional Fiduoiary, whosc office is in Santa Barbara County. Accordingty, the ll prinoipal place of adminiskation of the TRUST is Santa Barbara County, Califomi4 and venue 12 is proper before this Court. 1l t4 THE BORIMIR AND VIRG.INIA JORDAN FAMILY TRUST: t5 10. A true and correct copy of the TRUST and all amendments thtreto are attached l6 hereto as Exhibit A. As described above, the TRUST is what is known as an A / B Trust, such 17 that upon the death of the lirst Settlor to die, his/her share of the Tnrst estate is allocated to an l8 inevocable B Trust, with the surviving Settlor's assets allocated to an A Trust. petitioner is 19 infonned and believes that Settlor VIRGINIA JORDAN, who was the sole Trustee following 20 BORIMIR's death in March of 2020, was in failing health and thus did not take the steps 2l nocessary to complete the allocation of assets between TRUST A and TRUST B. These trust 22 administation steps will need to be taken now prior to distribution from the TRUST. 23 11. Following the death ofthe surviving Settlor, the TRUST agreerncnt directs that 7l the remaining assets held in TRUST A are to be distributed in the same marmer as is provided 2.) for in TRUST B. (Exh.4 p.l of Fifth Amendment of Trusr) Thc TRUST agreement directs 26 the disnibutiou of the remainiog assets held in TRUST B as follows: 27 . The Trustee shall distribute the sum of ten thousand do]lars ($10,000) to each of the following named nieces of Settlors who survivo: MARGIE 28 MEKOSKT ruDY MEKOSKI and NANCY MEKOSKI; PmirroN roR ORDER CoNFTRMD{G TRUSTEE AND TRUsr AssETs PAGE ,l Pg. 7 The Trustee is directed to sell all assets in the Trust estate, specifically including all real estate therein, and disfibute the residue ofthe Trust estate, outdght and ftee of Trusg in equal shares, one (l) share to each theo living child and one (1) share to the then living descendants of any deceased child of Settlors, upon the principle ofrepresentation. 12. Petitioner is informed and bEliwes that Settlors were survived by three (3) children, namely, NICOLE JORDAN, ANGELA JORDAN and JENNIFER JORDAN, and that Settlors had no predeceased ehildren with issue surviving. VALIDA T 13. As the Court will recal'I, petitioner vas appointed temporary conserwtor of the person and esrate of YIRGINIA by Order of court dated October 23, 2020 (Sama Barbara Superior Court, Case No. 20PR000158). In that capacity, petitioner began investigating the status of VIRGINIA's financial affairs, including any estate plaming documents she or her late husband had in place. As part of that investigation, petitioner reached out to attomey Homer Sheffield Jr., who was BORIMIR's and VIRGIMA's long-timc estate plaru:ing counsel. By letter ofNovember 11, 2020, Mr. Sheffield provided to petitioner '*'hat hc believed to be ihe curent iter.ltion of YIRGINIA and BORIMIR'S esate p1an, including the TRUST. A true and correct co1ry ofthis letter is attached hereto as Petitioner is infonned and believes that these documents were copied directly ftom Mr. sheffreld's flle without alteratiorl and thus set forth the current and controlling itoration of the TRUST. Pusuant to the powers granted to him under the TRUST, Mr. Shefiield nominated petirioner as Trustee of the TRUST and all sub-trusts created thereunder (see Exhibit C hereto), 14. Petitioner mailed a Notice by Trustee to Settlors, three (3) daughters, including NICOLE, on January 7, 2021, a uue and correct copy of which is attached hereto as Exhibit Iamary 12,2021, counsel for petitioner rcceived a FAX, apparently from NICOLE to I\4r. Sheffield, a true and conect copy of which is attached hereto a Exhibit ..F.', Among other statements, the FAX asserts that Mr. Sheftield Ered BORIMIR and VIRGINIA as clients and that he returned the originals of (reir estate planning doouments to them. NICOLE also alludes PETmtoN FoR ORDER Co]\TIBJITTNc TRUSTEE ANDTRUST AssETs PAoE 5 Pg. 8 1 to the fact that the documents relied upon by petitioner are outdated and that the new executor 2 trustee and beneficiaries are in possession ofthe updated trust. Counsel for petitioner responded to this FAX by letter ofJanuary 13, 202i, a true and correcl copy ofwhich is 4 attached hereto as Exhibit "G.' The letter requests clarification from NICoLE and copies of 5 any new trust documents so that petitioner may know how to proceed, As ofthe date ofthis 6 petition, neither petitioner nor counsel has received a substantive response to these requests for 7 information. 8 15. On January 14, 2021 NICOLE wrote to counsel by errail and reiterated the 9 statements set forth i.n her FAX, but AGAIN without any evidenee in support. The ernail 10 asserts that the original documents were sent !o VIRGINIA and BORIMIR by Mr. Sheffield, l1 and that ths TRUST has been changed. Counsel responded to this ernail the next day again t2 requesting information from NICoLE regarding her statements and copies of any documents 13 purpodng to amend the trust documents in petitioner's possession. A true and conec.t copy of 14 this email correspondence is attached hereto as Erhibit "H.' As ofthe date ofthis petition, 15 neither petitioner nor co,nsel has received a substantive response to these requests for l6 information. l7 16. Most rocently, MCOLE has contaoted petitioner by text message demanding to t8 see the original of the TRUST ageement and amendments thereto. lo the toxts, NICOLE 19 appoars to assert that petitioner may not act unless he has in his possession the original 20 documents, and that the copies of rhe TRUST sent to her do not seem right. This request is 21 confomding in tftat in previous correspondence (e.g. the previous IAX and email) MCOLE 22 asserted tbat the originals s1th. TRUST documents wef,e sent 10 VIRGINIA and BORIMIR 23 As documented in the conservatorship proceeding, MCOLE lives in the former home of 24 VIRGINIA aad BOzuMIR (5513 Camino Cenalvo) and has had exclusive access to rheir 25 records for many years and certaiflly sinoe petitioner has bcen involved in this matter. Ir f.ast, 26 following petitioner's appointrnent as remporary conservator for vIRGINIA, petitioner made 27 muitiple attempts to meet with VIRGINIA at her home as needed to assist her with hcr aflairc. 28 However, these sttempts were srymied by MCOLE, who effectively blocked petitiona's PETI.ION FoR ORDER CoNFIRMINo.IRUSTEE AND TRUST AssE-Ts PAGE 6 Pg. 9 attempts Io meet with VIRGINIA. The same was experienced by tie Court Levestigator as part of the conservatorship proceeding. 17. Petitioner has no reason to believe fhat the TRUST documsrts in his possession do not set forth the current and conrolling ileration of the TRUST, or that they do not match the origirrals. indeed, the TRUST doouments attached to this petition were provided directly to petitioner by VIRGIMA aud BORIMIR's attomey, Homer G. Sheffield, Jr., without alteration. 18. Given these circumstances, petitioler requests this Court's order confrming that the Trust documents attached hereto as Exhibit A set forth the cunent and controlling iteration of the TRUST and all sub-trusts created the(eunder, and that petitioner is the sole Trustee of the TRUST and all sub-trusts created thereunder. PETITION TO CONFIRM ASSETS HELD IN TRUST: 19. The TRUST Agreemcnt pmvides, in pertinent part: DR. BORIMIR JORDAN and VIRGNU JORDAN, hereinafier referred to as "Trustees", hereby declare thot they have received, as Trustees, fiom DR. BORIMIR JOfuDAN and WRGNA JORDAN, hereinafier sometimet referred to colleahtely as "Eetlors," lhe property desuibed in Schedule "A-1,' attached. herelo, herutofore the property af lhe Settlors. 1...l All property now ot hereinafier subJect to this Trust shal be held, managed and distributed as hereinafter set forth (Exh. A, p. 1 of Third Arnendment and Restatement of Tnrst) 20. Attached to the TRUST Agreemcnt is Schcdule "A-1" (Edr. A, pages 23-24 of Third Amendment and Restatement of Tnrst) on which are the following assets: . Property looated at 639 Lyndon Street, Monteren California 93940 (APN:001-164-017) - Borimir Property located at 87 Santa Felicia Dr., Golet4 Califomia 93117 (APN: 073-160-012) - Borimir 21, The inclusion ofthe narre "Borimir" follo$.ing the propefty connotes that this was the separate property of BORIMIR PrnrroN FoR ORDER CoNFTRMTNG TRUSTEE AND TRUsrAssErs PAGET Pg. 10 llt ill , ll 22. Despite the reference to these pieces of real property in Schedule "A- 1," Settlor I , ,O** *parently did not formally transfer title to the properties inro the IRUST name ll I 3 nrior to his aeath. Accordingly, at BORIMIR's death, the real properties remained vested ir: the fl I I name, "eOnfrllR JORDAN, C), a married man as his sole and separale properry." (See ExI. ll I 5 ll 23. This Court is no doubt akeady familiar with Esrate of Heqsslad (1993) 16 I u jf + 943, 20 Cal.Rptr.2d 433, in which a settlor's written declararion sratinc that he herd "r.o* I i il il:ffiffi#i#*i[:;il-Hlr;":ffi: T ** I f ll O ao"um"nt tlrled "schedule,\" on which were listed various assets, including tlre propery in I II Auestion.'? The property was not therea.fter transferred to the trusr name, and it remained vestea ll I f Z ff in tire settlor's name at his death. /d, ar1946,414. Nonetheless, the court concluded thar, ir I f : ll ,iew of the settlor's specific inclusion of the propcrty h the attachment ro the trust instnrment, I f + *n*r. war rransler of the properry to the trust name was unnecessary, ard the property ll " I l5 ff properly included inrhe trust estate. ld. a1950,436. The principles of Heggstad have been I f e ll coaitea UV statute by California Probate Code Sectioo 850, which allows a Tnrstee to petition I IZ tn".o"rt t" confirrn that property is properly held in tust. ll I ,t ll 24. The analory to the instant situation is obvious: The Sefllors esrablished a I 19 ll re"ocabl. living trus! aad attached to the trust itrstrument a schedule of assets (schedule "a- | ZO f "1, *ru"n included a specific reference to the two (2) pieces of real property at issue. The ll TRUST Agreement states that*DR BONMIR JORDAN I 21 and VIRGINU JORDAN. hereinafer ll I 22 fi referred to as 'Trustees', hereby decloe that rhey have received, as Trustees, from DR I ZZI eOruAm nnOeN and YIRGNIA JORDAN, hereinafter sometimes referued as to collect;ueU I 24 "Settlors," the propefiy desuibed in Schedule "A- l " attached hereto, heretofore the property l I ZSI[ t tn, Settlors;' and "All property now or hereinafter subjec! to this Trust shatt be hetd, I 26ll _ I ,7 I'? The property was actually mislabeled on the asset schedule. While the s€ttlor in fact I o fl ,, owned an undivided 34.78% interest in a parcel of real property, the interest was described as a I "" ll "partnership iaterest" in the real property on the asset schedule. This distinction apparently did not deter the court in reaching its decisioo. I ll PErmoN roR OR-DER CoNFn'MD.Jc TRUSTEE AND TRUsr AssErs PAGE 8 I ll I Pg. 11 managed and distributed as hereinSer set forth." Settlors' i-ntention could hardly be more clear: the two (2) pieces of real property at issue were intended to be included in the TRUST as BORIMIR's separate property aod administered and distibuted as a part thereof. 25. Furthermore, at his deatlr, BORIMIR had a Will in place which directs the distribution ofthe rernainder of his estate to the Trustees {ren in place ofthe TRUST. A copy of BORIMIR's will and all codicils thereto is attached hereto as Exhibit "I.', Accordingly, the transfcr of the property at issue to the TRUST is entirely consistont with BORIMIR'S estate planning inlentions and the ultimate result would bs the same even the reliefrequested hercin was not granted. 26. In light ofthe foregoing, petitioner requests that this Court canfim: that the real property assets listed below are assets subject to the TRUST, and under the control of MARK WATSON, as successor Tnrstee. I . Real property in the City of Goleta, Couty of Santa Barbara, State of Califomia, known commonly as 87 Santa Felicia Drive, and mone particularly described as follows: Lor l2 of Tract 10362, in the Cormty of Santa Barbata, State of Califomi4 as shown on map recorded in Book 73, Pages ?6 and 17 of Maps, in the office of lhe County Recorder of said County. a) Also reserving therefrom non-exclusive easemont for well-site, water service facilities, ingress, egress, private utilities and incidental purposes, over, under, across and through thar area described as a rectangle in the Northwest corner of said Lot 12, I 0 feet in length and South of the North line and 20 feet in length and East of the West line of Parcel 2l ofTraat 10362. b) Also reserving the right to twcnty fi ve percent (25Y1of all wat€r produceable from arry existing or future well drilled in tbe well site srea described above. c) Also reserving a non-exclusive ease'ment for watet pipeline, ingress, egress, private utilities and incidental purposes over, under, across and tkough a strip of land offive feet in width along thg westerly boundary ofParcel I2 of Tract I0362, extending frorn the well site desoribed herein to the southerly boundary of said Parcel I 2, and similarly along the westerly PErrnoN roR ORDER CoNFTRMTNc TRUSTEE AND TRUST AssErs PAcs I Pg. 12 boundary ofParcels 10, l1 and 13 as in their northern and southern boundaries, APNr 073-160-012 ) Real proper{y in the Comty of Monterey, County of Monterey, State of Califomia, known commonly as 639 Lyndon Steet, and more particularly described as follows: Lots 28 and 30 in Block Numbered 42 of said Lots and Block are shown oa that certain map entitled, "Map of Withers' Addition to the City of Monterey, Monterey County, California, W.C. Little, Surveyor, August 1890," filed for record April 19,1892. inthe office ofthe Cotmty Recorder of &e County of Monterey, State of Caiifomia, in Volume I of Maps, "Cities and Towns", at page 4. APN:00I-164-017 NOTICE: 27 . The permns entitled to notice ofthis petition are the Settlors' tlree (3) adult children, who $e eatitied to dishibution of the property at issue, as remainder beneficiaries, tmder the TRUST instrumeut, and who also constitute the Settlors' heirs at law. In addition, notice is provided to all Trustees named in ihe Trust. A list of these individuals is attached hereto as Exhibit'U." 28. Petitioner notes that the Fifth Amendment to thc Trust adds tfuee (3) nieoes of Settlors - MARGIE MEKOSKI, JUDY MEKOSIC and NANCY MEKOSKI, as pecuniary beneficiaries under ihe TRUST, wil]r each to receive a specific cash gift of$i0,000. Petitioner has conducted a public records search and inquired with Mr. Sheffield the draftirg attorney, regarding the whereabouts of these individuals. However, no contact infonnation for these ::ll individuals has come to ligtlt as of yel Petitioner hopes 1o have notices se1fi to these parties prior to the hearing on this petition, but in tJre event that these individuals cannot be found in r:ll time, petitioner respectfully requests this Court's order waiving the notice requiement to MARCIE MEKOSKI, JI,DY MEKOSKI and NANCY MEKOSKI in light of the following factors: (1) The property at issue in this petition is not specifically devised to any ofthese parties; (2) The aforesaid parties will only inherit from Settlors' assets by virtue ofthe TRUST, PEmloN FoR ORDER CoNFm,MTNG TRUSTEE AND TRUST AssE'ts PAGE 10 Pg. 13 I which this petition seeks to validate and fimd. Therefore, the interests of thesc parties will not 2 be adverseiy affected if the reliefrequested hercin is granted; and (3) the aforesaid parties are 3 not intestate heirs of either Settlor. 4 5 WHEREFORE, petitioner prrays for this Court's order that: 6 1. The BORIMIR AND VIRGINIA IORDAN FAMILY TRUSI dated September 7 17, 1998, and thereafter amarded, is valid. 8 2. The tust documents attached hereto as Exhibit A set forth the current and 9 conholling iteration of the BORIMIR AND VIRCINIA JORDAN FAMILY TRUST, dated l0 Septcmber 17, 1998, and thereafter amended, and al1 sutrtrusts created thercunder; ll 3. MARK WATSON is tbe sole Trustee of the BORIMIR AND VIRGINIA t2 JORDAN FAMILY TRUST, daJEd Separnber 17, I 998, and thereafter arnended, ard all sub- L3 trusts created thereunder; 14 4. The teal property in the City of Goleta, County of Santa Barbata, State of 15 Califomia, knolvn commonly as 87 Santa Felicia Drive, and more particularly described as 16 below, which is currently vested in the name of "BORIMIR JORDAN, a married man as his 17 sole and separate property" is properly an asset of the BORIMIR AND VIRGINIA JORDAN 18 FAMILY TRUST, dated Septemb€r 17,1998, and lhercafter amendcd, and is subject to the 19 management and confol of MARK WATSON, as Trustee of such Tnrst: 20 lnt of Ttact 10362, in the County of Santa Barbara, State of Catifomia, as 12 shown on map recorded in Book 73, Pages 76 and 77 ofMaps, in the office of 21 the County Recorder ofsaid County. 22 a) Ajso reserving thereftom non-exclusive easement for well-site, 23 water service facilities, ingrcss, egress, private utilities and 24 incidcntal purposes, over, under, across and through that area described as a rectangle in the Northwest comer of said Lot 12, i 0 25 feet in length and South ofthe North line and 20 feer in length and 26 E€st ofthe West line of Parccl 21 of Tract 10362. 27 b) AIso reserving the right to twenty five percertt (25Y) of all water produceable from any existing or future well drilled il the well 28 site area described above. PETrnoN FoR ORDER CoNr'rRMrNG TRUSTEE A.ND'fRUsr ASSETS PAcs I I Pg. 14 I c) Also reserving a non-exclusive easement for water pipeline, ingress, egress, private utilities and incidental purposes over, 2 under, across and through a strip ofland offive feet in width 3 along the westerly boundary ofParcel 12 ofTracr 10362, extending from the well site described herein to the southerly 4 boundary ofsaid Parcel 12, and similarly along the westerly 5 boundary of Parcels 10, I I and 13 as in their northem and southern boundarics. 6 APN;073-160-012 I 5. The real property in the City of Monterey, County of Monterey, State of 9 califomia, knovrn commonly as 639 Lyfldon Street. and more particularly described as below, 10 which is cunently vested in the name of *BORIMIR loRDAN, a married man as his sole and I1 separate property" is properly an asset of the BORIMIR AND VIRGINIA JORDAN FAMILy 12 TRUST, dated September 17, 1998, and thereafter amended, and is subject to rhe management 13 and control of MARK WATSON, Trustee of such Trust: t4 Lots 28 and 30 in Block Numbered 42 of said Lots and Block are shown on that 15 certain map entitled, "Map of Withers' Addition to the Cjty of Monterey, 16 Monterey County, California, W.C. Little, Surveyor, Augusr 1890," filed for record April 19, 1892 in the office of the Coune. Recorder ofthe County of 17 Moaterey, State of Califomia, in Volume 1 of \4aps,..Cities and Towns',, at page 4. l8 l9 APN:001-164-017 2A 6 Awarding petitioner costs of suit incurred in this action; and 7 Granting such further relief as the Couft may deem proper. 22 Respectfully Submitted 23 B.{RNES & BARNES Attomeys for petitioner 24 25 Dated: t )1 Zo-rL 26 Jeffrey oder 27 28 PETfl'IoN ToR ORDER CoNnRMING TRUS.IEE^ND TRUST AssETs PAGE l2 Pg. 15 I, the undersigne d, declare: I am the petitioner in the above-titled matter, I have read the foregoing petition and know its conterts, which are tru€ of myown knowledge, except as to those matters which are statrd upon my infonnstion and belief, aad as to those matters I bcliove it to be tnrc. I declare under peffilty of perjury under rhe Iaws of the State of California that th€ foregoi:rg is fue and correct. Executedon January27,2O21 , at Santa Barbara, Caiifomia. Mark afson PETmo FoR ORDBR CoNTmMtr{o TRUSTEE AND TRUsl AssETs PACE 13