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KEKER & VAN NEST LLP
JOHN W. KEKER - # 49092
jkeker@kvn.com
WARREN A. BRAUNIG - # 243884
whraunig@kvyn.com
BENJA BERKOWITZ - # 244441
bberkowi vn.com.
BRIGGS MATHESON - # 291287
bmatheson@kvn.com
633 Battery Street
San Francisco, CA 94111-1809
Telephone: 415 391 5400
Facsimile: 415 397 7188
MYERS URBATSCH P.C.
PETER 8. MYERS - # 115113
psmyers@myersurbatsch.com
MATTHEW R. MRAULE - # 263433
mumraule@myersurbatsch.com
625 Market Street, 4th Floor
San Francisco, California 94105
Phone: (415) 896-1500
Fax: (415) 979-0761
Attorneys for Petitioners and Respondents
BRUCE H. QVALE, FAMILY TRUSTEE AND
RESPONDENT LAURA HIURA
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
FEB 26 2015
Clerk of the Court
BY: NOELIA RIVERA
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
Tn the Matter of the
Kathryn C. Qvale Exempt Marital Trust,
dated January 31, 2006
Miles Jeffrey Qvale, individually and as
trustee
vs,
Bruce H. Qvale, Laura Hiura, and Does 1-10
Case No. PTR-13-297016
[Consolidated with Case Nos. PTR-13-297017
and PTR-13-297143]
STATEMENT OF BRUCE QVALE,
LAURA HIURA AND QVALE AUTO
GROUP REGARDING TRIAL TIME
LIMITS
Per S.F. Local Rules 6.3, 6.7
Date: March 2, 2015
Time: 9:30 a.m,
Dept: 206, Master Calendar
Presiding Judge
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
CASE NO. PTR-13-29701690361103
Pursuant to Local Rules 6.3 and 6.7, Respondents Bruce Qvale, Laura Hiura, and Qvale
Automotive Group, Inc. (QAG) (collectively “Respondents”) hereby submit this Statement
Regarding Trial Time Limits, along with the information required by Local Rule 6.7(B)(2)(b)-(c)
for all percipient and expert witnesses. Earlier this week,
Respondents believe this case can be tried in 50 hours (25 hours per side).
Assuming that schedule, Respondents estimate the total number of hours they would need
for direct examinations is 17 hours. As explained below, because most of Respondents’ listed
witnesses are going to be called by Petitioner Jeff Qvale (“Jeff”), these “direct examinations” will
take place within Jeff's case-in-chief.
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QAG RE: TRIAL
TIME LIMTS
Respondents propose that this probate trial be limited to 50 hours in length (10 Court
days), with time to be divided equally among Jeff and Respondents, 25 hours per side should be
more than adequate time to present to the Court the issues raised in the various petitions
consolidated for trial on March 2.
Jeffs proposal of at least a 37-day trial (based on his assertion that he will require 78.5
days of trial time just for his direct examinations, and assuming equal time allotted to each side)
is absurd. The issues to be resolved in this case are discrete and fairly straightforward:
* Jeffs petitions to invalidate two actions taken by the decedent, Kjell Qvale—1) a
2012 redemption of company stock, and 2) a 2013 revision of his estate plan—on
grounds of alleged undue influence, elder abuse, and mistake.
* Jeffs petition to remove Bruce and Laura as trustees of three trusts
*® Requests for construction or interpretation of specific provisions in trust
instruments, which requests were raised in Jeffs December 23, 2014 Counter-
Petition
« Affirmative defenses to Jeff’s various claims and petitions
These petitions and defenses present overlapping factual issues and will require substantially the
same witnesses. Bruce and Laura’s two separate petitions—one seeking to correct a trust finding
1
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103
error by Kjell’s lawyers back in 2006, and another seeking the right to deposit disputed funds in a
blocked account--are consolidated for “trial” but do not present disputed factual issues at all.
Those two petitions should be argued and decided at the conclusion of the trial, as they may be
implicated by factual findings the Court will need to make in resolving Jeff’s petitions.
Jeff's proposed witness time estimates show little respect for the Court’s schedule or the
estate’s beneficiaries, who ultimately will bear the costs of defense. Jeff proposes to keep seven
witnesses (most of them third-party witnesses) on the stand for more than a day, many addressing
identical or overlapping issues. He claims to need 3 days just to complete a direct examination of
Laura Hiura, 2 days for a direct examination of Bruce Qvale, and 2 more for Kjell’s long-time
attorney Jordan Rose. . Notably, Jeff's estimate of 18.5 trial days is just for his direct
examinations, and does not include his cross-examinations or attorney argument. This is far
beyond reasonable. Ali but a handful of the witnesses on both sides have been deposed, and most
of the documents on each side’s preliminary exhibit lists were already utilized in deposition. The
parties have been actively litigating the case for the past year, and the issues at this point are well-
defined and joined.
The Court should actively manage the trial schedule to require Jeff to try his case
efficiently, and to avoid duplication and waste of judicial resources. Respondents propose that
the Court take the following steps in that regard:
1) Witnesses to be called only once. As detailed below, Respondents anticipate that
in defense of Jeff's various petitions, and in support of their own petitions, they will need to call
8-10 percipient witnesses, plus 2-3 expert witnesses. However, most of Respondents’ witnesses
also appear on Jeff Qvale’s witness list. The Court should require that witnesses be called only
once, without limiting cross-examination to the scope of the direct examination. If a party wishes
to re-call a witness to address some specific rebuttal point, that should be left to the party’s, and
the Court’s discretion.
2) Limits on use of videotaped deposition testimony. For party witnesses who will be
called as witnesses at trial, designated deposition testimony should not be played by videotape in
open court but may instead be submitted into evidence, like any other exhibit (subject to the other
2
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103
party’s objections to specific questions, and along with counter-designations, all of which would.
be provided to the Court). Ifa deponent is unavailable for trial, and his deposition may be used
pursuant to Code Civ. Proc. § 2025.620(c), the testimony may be presented in open court or
submitted to the Court, at the discretion of the party proffering that testimony. Of course,
videotaped deposition testimony may also be used by the parties for proper impeachment of a live
witness. Code Civ. Proc. § 2025.620(a).
3) Stipulations re: exhibits. The parties have discussed a stipulation in advance of
trial concerning the authenticity and foundation of documents on each other’s exhibit lists, which
should speed up witness examinations. The parties would retain the right to object to any exhibit
on other grounds, such as Evidence Code § 352, and exhibits would still need to be presented
through a sponsoring witness.
4) Strict time limits. As should now be apparent, without strictly enforced time
limits, Jeff will drag this trial on for months. Respondents believe that strict time limits will
encourage the parties to focus on the most pertinent issues in dispute, and avoid sideshows and
waste of Court resources. Respondents are proposing that each side be allotted 25 hours total for
all taking of evidence (direct and cross-examination) and argument, including closing arguments.
Respondents suggest the use of a chess-clock or similar mechanism to ensure that each party stays
within its allotted time. Assuming five-hour trial days, the trial would require ten (10) Court
days for trial.
LIST OF WITNESSES TO BE CALLED AT TRIAL BY BRUCE, LAURA & OAG
As required by Local Rule 6.7.B.2(b), Respondents provide the below information
concerning the witnesses they anticipate calling at trial.
AL Percipient witnesses
Bruce Qvale Bruce Qvale, Respondent and Family Trustee, will | 2 hrs
testify regarding his relationship with his father
Kjell and his brother Jeff, Kjell’s estate plan,
3
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103
Kjell’s health and condition in 2011-2013, Bruce’s
role as a trustee, the financial risks and health of
QAG, and his management of QAG.
Laura Hiura
Respondent Laura Hiura, long-time QAG
corporate controller and manager of the Kjell’s
personal finances, as well as his designated estate-
planning proxy during 2012 and 2013, will testify
regarding Kjell’s wishes and estate plan, Kjell’s
health and condition in 2011-2013, and her role as
a trustee.
1.5 hrs
Jordan Rose, Esq.
Rose, Kjell’s long-time lawyer, will testify about
Kjell’s wishes and estate plan, and the
administration of trusts by Kjell and the current
trustees.
3.5 hrs
Gary Rothstein, Esq.
Rothstein, a lawyer for Kjell, will testify regarding
Kjell’s wishes and estate plan.
Thr
Veronica Cerruti,
Esq.
Cerruti, a lawyer for the trustees, will testify
regarding the co-trustees* conduct and the estate
tax return
45 min
Jeff Qvale
Jeff Qvale, Petitioner, will be called as an adverse
witness to testify regarding his relationship with
his father Kjell and his brother Bruce, his
management of QAG, his role as a trustee and his
communications and actions in connection with
Kjell’s estate and the distribution of assets.
1 hr
Don Endo
Endo, a long-time QAG employee and Kjell’s
designated estate planning proxy through June
2012, will testify regarding Kjell’s wishes and
estate plan, and the management of QAG.
45 mins
Dr. Randall Smith
Dr. Smith, a neuropsychologist, will testify
regarding evaluations performed of Kjell in 2012
and 2013.
45 mins
Dr. Patricia Galamba
Dr. Galamba, Kjell’s primary care physician, will
testify regarding Kjell’s health and condition in
2012 and 2013.
30 mins
Rita Jelincic
Jelincic, Kjell’s cohabitant, will testify regarding
observations of Kjell’s health and condition, and
discussions with Kjell regarding his estate plan
45 mins
4
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103
Steve Hallert, Esq, Hallert, a lawyer for Kjell, will testify regarding 30 mins
his observations of Kjell’s health and mental
condition in 2012
Respondents also plan to call Richard Pimentel, an advisor to Kjell and his sons, by
deposition, Mr. Pimentel resides more than 150 miles from the place of trial, and his deposition
may therefore be used for any purpose. See Code Civ. Proc. § 2025.620(c)(1). Respondents do
not presently intend to call but may ultimately choose to call, any of the following additional
witnesses: Lillian Fredriksson, Nancy Bong, Kendel Qvale. Ms. Fredriksson and Ms. Bong, who
were Kjell’s long-time secretaries and assistants, would testify about Kjell’s relationship with his
sons, and his health and mental condition in 2011-2013. Kendel Qvale, who is Bruce’s daughter,
Kjell’s grand-daughter and a General Manager for QAG, would testify about the financial health,
and risks, of QAG and her percipient observations of events at QAG in 2012 and 2013. The
testimony of these individuals would be no more than 30 minutes each.
Depending on Petitioner’s trial presentation, Respondents reserve the right to call any
other witnesses necessary for rebuttal.
B. Expert Witnesses
Dr. Mark Levy, M.D. | Dr. Levy is an expert in the areas of psychiatry 1 hr
and forensic psychiatry. He is prepared to offer
his opinions at trial concerning: (a) Kjell Qvale’s
capacity to execute changes to his estate plan, or
engage in other financial transactions, at various
times during his last few years of life; (b) Kjell
Qvale’s ability to withstand influence from others
at various times during his last few years of life;
and (c) forensic evidence relating to the
possibility of undue influence by Bruce Qvale or
Laura Hiura in connection with various estate
plan changes and other transactions by Kjell
Qvale.
Patrick Anderson Anderson is an expert in the areas of business 45 mins.
valuation, economic damages, business strategy,
5
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103
franchisor-franchisee relations, auto dealers and
the auto industry. He will be prepared to offer his
opinions at trial concerning: (a) The economics of
the auto industry, including the economic
challenges and risks associated with a retail-
franchise auto dealership; and (b) the business
and investment risks associated with the Qvale
Auto Group (QAG), the dealerships that comprise
QAG, and the QAG notes held by Kjell Qvale’s
estate as of January 2013. If appropriate, he may
also offer opinions in rebuttal concerning any
damages alleged by Jeff Qvale to have been
caused to him by Bruce Qvale and Laura Hiura.
Jim Quillinan, Esq. Quillinan is an expert in the areas of estate 45 mins,
planning, the drafting of estate planning
documents, and trust administration. He will be
prepared to offer at trial, as possible rebuttal
testimony, his opinions concerning: the standards
of care, and/or customs and practices, for estate
planning practitioners and those administering
trusts and estates, as well as the custom and.
practice with respect to drafting estate planning
instruments.
Respondents reserve the right to call rebuttal witnesses as appropriate.
These specific time limits for each witness are estimates and subject to change, depending
in part on overall trial time limits set by the Court and the length of Jeffs examinations.
Obviously, if Jeff is allowed to spend 18.5 days on direct examinations, Respondents anticipate
they will require more time than described above for cross-examination and re-direct. In any
event, overall trial time should be apportioned equally between Petitioner and Respondents.
Dated: February 25, 2015 KEKER & VAN NEST LLP
By: _/s/John W. Keker
JOHN W. KEKER
Attorneys for Petitioners and Respondents
BRUCE H. QVALE, FAMILY TRUSTEE
and RESPONDENT LAURA HIURA
6
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP.
REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7)
Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-297143827733.04
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PROOF OF SERVICE BY ELECTRONIC TRANSMISSION
Jam employed in the City and County of San Francisco, State of California in the office of a
member of the bar of this court at whose direction the following service was made. I am over the
age of eighteen years and not a party to the within action. My business address is Keker & Van
Nest LLP, 633 Battery Street, San Francisco, CA 94111-1809,
On February 25, 2015, I served the following documents described as:
STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE
AUTO GROUP REGARDING TRIAL TIME LIMITS
by serving a true copy of the above-described documents in the following manner:
On the date executed below, I electronically served the documents described above via Lexis
Nexis® File & Serve on the recipients designated on the Transaction Receipt located on the Lexis
Nexis® File & Serve website.
BY E-MAIL VIA PDF FILE
by E-MAIL VIA PDF FILE, by transmitting on this date via e-mail a true and correct copy
scanned into an electronic file in Adobe “pdf” format. The transmission was reported as
complete and without error.
we wos George Montgomery
Dominic J. Campisi Friedman, McCubbin, Spalding,
Andrew Zabronsky Bilter Re it & M,
Naznin Challa iiter Roosevelt lontgomery
Evans, Latham & Campisi 425 California Street, 25th Floor
One Post Street, Suite 600 San Francisco, CA 94104
San Francisco, CA 94104 george@fomlaw.com
Deampisi@elc-law.com
Azabronsky@elc-law.com
nehalla@elc-law.com
Edward Koplowitz Monica Dell’Osso
MacInnis, Donner & Koplowitz Burnham Brown
465 California Street, Suite 222 A Professional Corporation
San Francisco, CA 94104 P.O. Box 119
eakatt@aol.com Oakland, CA 94604
mdellosso@burnhambrown.com
PROOF OF SERVICE
Case Nos, PTR-13-297016, PTR-13-297017, PTR-13-297143827733.04
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BNR y NY NR NK NY NR BE Se Be ee se ee Re
ee Y A A FO NH |= SD we I DAH FB BH FS
Peter L, Muhs
Richard J. Collier
Cooper, White & Cooper LLP
201 California Street, 17th Floor
San Francisco, CA 94111-5002
pmuhs@cwelaw.com
reollier@cwclaw.com
Stewart H. Foreman
Thea B. Eliot
Daniel T. Bernhard
Freeland Cooper & Foreman LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
foreman@freelandlaw.com
eliot@freelandlaw.com.
berhard@freelandlaw.com
Ronald Hayes Malone
9098 Mustang Court
Petaluma, CA 94954
ron@circleo: ine.com
HAND DELIVERY VIA MESSENGER
M by COURIER, by placing Copy in a sealed envelope addressed as shown below, and
dispatching a messenger from Nationwide Legal, Inc., with instructions to hand-carry the
above and make delivery to the following during normal business hours, by leaving the
package with the person whose name is shown or the person authorized to accept courier
deliveries on behalf of the addressee.
Dominic J. Campisi
Andrew Zabronsky
Naznin Challa
Evans, Latham & Campisi
One Post Street, Suite 600
San Francisco, CA 94104
Edward Koplowitz
MaclInnis, Donner & Koplowitz
465 California Street, Suite 222
San Francisco, CA 94104
Peter L. Muhs
Richard J. Collier
Cooper, White & Cooper LLP
201 California Street, 17th Floor
San Francisco, CA 94111-5002
George Montgomery
Friedman, McCubbin, Spalding,
Bilter Roosevelt & Montgomery
425 California Street, 25th Floor
San Francisco, CA 94104
Monica Dell’Osso
Bumham Brown
A Professional Corporation
P.O. Box 119
Oakland, CA 94604
Stewart H. Foreman,
Thea B. Eliot
Daniel T. Bemhard
Freeland Cooper & Foreman LLP
150 Spear Street, Suite 1800
San Francisco, CA 94105
PROOF OF SERVICE
Case Nos. PTR-13-297016, PTR-13-297017, PTR-13-297143827733.04
Co eo KN DR AH & YW WL
NY NY MY RYN NR DY Be mm me ee
eo 3 AA B HN fF SF OD wm WAH RB YW NY SF SS
BY UNITED STATES MAIL
ee
w@_ by regular UNITED STATES MAIL by placing Copy in a sealed envelope addressed as
shown below. I am readily familiar with the practice of Keker & Van Nest LLP for
collection and processing of correspondence for mailing. According to that practice, items
are deposited with the United States Postal Service at San Francisco, California on that same
day with postage thereon fully prepaid. I am aware that, on motion of the party served,
service is presumed invalid if the postal cancellation date or the postage meter date is more
than one day after the date of deposit for mailing stated in this affidavit.
Ronald Hayes Malone
9098 Mustang Court
Petaluma, CA 94954
Executed on February 25, 2015, at San Francisco, California,
I declare under penalty of perjury under the laws of the State of California that the above is true
and correct, & . SoD
Maureen L. Stone
PROOF OF SERVICE
Case Nos. PTR-13-297016, PTR-13-297017, PTR-33-297143
Preview
oO me ND HA 2B WN NY N YW NY YN NN DB ee ts oD RH FO YN |= So eR AA BF BH SB ST KEKER & VAN NEST LLP JOHN W. KEKER - # 49092 jkeker@kvn.com WARREN A. BRAUNIG - # 243884 whraunig@kvyn.com BENJA BERKOWITZ - # 244441 bberkowi vn.com. BRIGGS MATHESON - # 291287 bmatheson@kvn.com 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415 391 5400 Facsimile: 415 397 7188 MYERS URBATSCH P.C. PETER 8. MYERS - # 115113 psmyers@myersurbatsch.com MATTHEW R. MRAULE - # 263433 mumraule@myersurbatsch.com 625 Market Street, 4th Floor San Francisco, California 94105 Phone: (415) 896-1500 Fax: (415) 979-0761 Attorneys for Petitioners and Respondents BRUCE H. QVALE, FAMILY TRUSTEE AND RESPONDENT LAURA HIURA ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 26 2015 Clerk of the Court BY: NOELIA RIVERA Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO Tn the Matter of the Kathryn C. Qvale Exempt Marital Trust, dated January 31, 2006 Miles Jeffrey Qvale, individually and as trustee vs, Bruce H. Qvale, Laura Hiura, and Does 1-10 Case No. PTR-13-297016 [Consolidated with Case Nos. PTR-13-297017 and PTR-13-297143] STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP REGARDING TRIAL TIME LIMITS Per S.F. Local Rules 6.3, 6.7 Date: March 2, 2015 Time: 9:30 a.m, Dept: 206, Master Calendar Presiding Judge STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) CASE NO. PTR-13-29701690361103 Pursuant to Local Rules 6.3 and 6.7, Respondents Bruce Qvale, Laura Hiura, and Qvale Automotive Group, Inc. (QAG) (collectively “Respondents”) hereby submit this Statement Regarding Trial Time Limits, along with the information required by Local Rule 6.7(B)(2)(b)-(c) for all percipient and expert witnesses. Earlier this week, Respondents believe this case can be tried in 50 hours (25 hours per side). Assuming that schedule, Respondents estimate the total number of hours they would need for direct examinations is 17 hours. As explained below, because most of Respondents’ listed witnesses are going to be called by Petitioner Jeff Qvale (“Jeff”), these “direct examinations” will take place within Jeff's case-in-chief. STATEMENT OF BRUCE QVALE, LAURA HIURA AND QAG RE: TRIAL TIME LIMTS Respondents propose that this probate trial be limited to 50 hours in length (10 Court days), with time to be divided equally among Jeff and Respondents, 25 hours per side should be more than adequate time to present to the Court the issues raised in the various petitions consolidated for trial on March 2. Jeffs proposal of at least a 37-day trial (based on his assertion that he will require 78.5 days of trial time just for his direct examinations, and assuming equal time allotted to each side) is absurd. The issues to be resolved in this case are discrete and fairly straightforward: * Jeffs petitions to invalidate two actions taken by the decedent, Kjell Qvale—1) a 2012 redemption of company stock, and 2) a 2013 revision of his estate plan—on grounds of alleged undue influence, elder abuse, and mistake. * Jeffs petition to remove Bruce and Laura as trustees of three trusts *® Requests for construction or interpretation of specific provisions in trust instruments, which requests were raised in Jeffs December 23, 2014 Counter- Petition « Affirmative defenses to Jeff’s various claims and petitions These petitions and defenses present overlapping factual issues and will require substantially the same witnesses. Bruce and Laura’s two separate petitions—one seeking to correct a trust finding 1 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103 error by Kjell’s lawyers back in 2006, and another seeking the right to deposit disputed funds in a blocked account--are consolidated for “trial” but do not present disputed factual issues at all. Those two petitions should be argued and decided at the conclusion of the trial, as they may be implicated by factual findings the Court will need to make in resolving Jeff’s petitions. Jeff's proposed witness time estimates show little respect for the Court’s schedule or the estate’s beneficiaries, who ultimately will bear the costs of defense. Jeff proposes to keep seven witnesses (most of them third-party witnesses) on the stand for more than a day, many addressing identical or overlapping issues. He claims to need 3 days just to complete a direct examination of Laura Hiura, 2 days for a direct examination of Bruce Qvale, and 2 more for Kjell’s long-time attorney Jordan Rose. . Notably, Jeff's estimate of 18.5 trial days is just for his direct examinations, and does not include his cross-examinations or attorney argument. This is far beyond reasonable. Ali but a handful of the witnesses on both sides have been deposed, and most of the documents on each side’s preliminary exhibit lists were already utilized in deposition. The parties have been actively litigating the case for the past year, and the issues at this point are well- defined and joined. The Court should actively manage the trial schedule to require Jeff to try his case efficiently, and to avoid duplication and waste of judicial resources. Respondents propose that the Court take the following steps in that regard: 1) Witnesses to be called only once. As detailed below, Respondents anticipate that in defense of Jeff's various petitions, and in support of their own petitions, they will need to call 8-10 percipient witnesses, plus 2-3 expert witnesses. However, most of Respondents’ witnesses also appear on Jeff Qvale’s witness list. The Court should require that witnesses be called only once, without limiting cross-examination to the scope of the direct examination. If a party wishes to re-call a witness to address some specific rebuttal point, that should be left to the party’s, and the Court’s discretion. 2) Limits on use of videotaped deposition testimony. For party witnesses who will be called as witnesses at trial, designated deposition testimony should not be played by videotape in open court but may instead be submitted into evidence, like any other exhibit (subject to the other 2 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103 party’s objections to specific questions, and along with counter-designations, all of which would. be provided to the Court). Ifa deponent is unavailable for trial, and his deposition may be used pursuant to Code Civ. Proc. § 2025.620(c), the testimony may be presented in open court or submitted to the Court, at the discretion of the party proffering that testimony. Of course, videotaped deposition testimony may also be used by the parties for proper impeachment of a live witness. Code Civ. Proc. § 2025.620(a). 3) Stipulations re: exhibits. The parties have discussed a stipulation in advance of trial concerning the authenticity and foundation of documents on each other’s exhibit lists, which should speed up witness examinations. The parties would retain the right to object to any exhibit on other grounds, such as Evidence Code § 352, and exhibits would still need to be presented through a sponsoring witness. 4) Strict time limits. As should now be apparent, without strictly enforced time limits, Jeff will drag this trial on for months. Respondents believe that strict time limits will encourage the parties to focus on the most pertinent issues in dispute, and avoid sideshows and waste of Court resources. Respondents are proposing that each side be allotted 25 hours total for all taking of evidence (direct and cross-examination) and argument, including closing arguments. Respondents suggest the use of a chess-clock or similar mechanism to ensure that each party stays within its allotted time. Assuming five-hour trial days, the trial would require ten (10) Court days for trial. LIST OF WITNESSES TO BE CALLED AT TRIAL BY BRUCE, LAURA & OAG As required by Local Rule 6.7.B.2(b), Respondents provide the below information concerning the witnesses they anticipate calling at trial. AL Percipient witnesses Bruce Qvale Bruce Qvale, Respondent and Family Trustee, will | 2 hrs testify regarding his relationship with his father Kjell and his brother Jeff, Kjell’s estate plan, 3 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103 Kjell’s health and condition in 2011-2013, Bruce’s role as a trustee, the financial risks and health of QAG, and his management of QAG. Laura Hiura Respondent Laura Hiura, long-time QAG corporate controller and manager of the Kjell’s personal finances, as well as his designated estate- planning proxy during 2012 and 2013, will testify regarding Kjell’s wishes and estate plan, Kjell’s health and condition in 2011-2013, and her role as a trustee. 1.5 hrs Jordan Rose, Esq. Rose, Kjell’s long-time lawyer, will testify about Kjell’s wishes and estate plan, and the administration of trusts by Kjell and the current trustees. 3.5 hrs Gary Rothstein, Esq. Rothstein, a lawyer for Kjell, will testify regarding Kjell’s wishes and estate plan. Thr Veronica Cerruti, Esq. Cerruti, a lawyer for the trustees, will testify regarding the co-trustees* conduct and the estate tax return 45 min Jeff Qvale Jeff Qvale, Petitioner, will be called as an adverse witness to testify regarding his relationship with his father Kjell and his brother Bruce, his management of QAG, his role as a trustee and his communications and actions in connection with Kjell’s estate and the distribution of assets. 1 hr Don Endo Endo, a long-time QAG employee and Kjell’s designated estate planning proxy through June 2012, will testify regarding Kjell’s wishes and estate plan, and the management of QAG. 45 mins Dr. Randall Smith Dr. Smith, a neuropsychologist, will testify regarding evaluations performed of Kjell in 2012 and 2013. 45 mins Dr. Patricia Galamba Dr. Galamba, Kjell’s primary care physician, will testify regarding Kjell’s health and condition in 2012 and 2013. 30 mins Rita Jelincic Jelincic, Kjell’s cohabitant, will testify regarding observations of Kjell’s health and condition, and discussions with Kjell regarding his estate plan 45 mins 4 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103 Steve Hallert, Esq, Hallert, a lawyer for Kjell, will testify regarding 30 mins his observations of Kjell’s health and mental condition in 2012 Respondents also plan to call Richard Pimentel, an advisor to Kjell and his sons, by deposition, Mr. Pimentel resides more than 150 miles from the place of trial, and his deposition may therefore be used for any purpose. See Code Civ. Proc. § 2025.620(c)(1). Respondents do not presently intend to call but may ultimately choose to call, any of the following additional witnesses: Lillian Fredriksson, Nancy Bong, Kendel Qvale. Ms. Fredriksson and Ms. Bong, who were Kjell’s long-time secretaries and assistants, would testify about Kjell’s relationship with his sons, and his health and mental condition in 2011-2013. Kendel Qvale, who is Bruce’s daughter, Kjell’s grand-daughter and a General Manager for QAG, would testify about the financial health, and risks, of QAG and her percipient observations of events at QAG in 2012 and 2013. The testimony of these individuals would be no more than 30 minutes each. Depending on Petitioner’s trial presentation, Respondents reserve the right to call any other witnesses necessary for rebuttal. B. Expert Witnesses Dr. Mark Levy, M.D. | Dr. Levy is an expert in the areas of psychiatry 1 hr and forensic psychiatry. He is prepared to offer his opinions at trial concerning: (a) Kjell Qvale’s capacity to execute changes to his estate plan, or engage in other financial transactions, at various times during his last few years of life; (b) Kjell Qvale’s ability to withstand influence from others at various times during his last few years of life; and (c) forensic evidence relating to the possibility of undue influence by Bruce Qvale or Laura Hiura in connection with various estate plan changes and other transactions by Kjell Qvale. Patrick Anderson Anderson is an expert in the areas of business 45 mins. valuation, economic damages, business strategy, 5 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-29714390361103 franchisor-franchisee relations, auto dealers and the auto industry. He will be prepared to offer his opinions at trial concerning: (a) The economics of the auto industry, including the economic challenges and risks associated with a retail- franchise auto dealership; and (b) the business and investment risks associated with the Qvale Auto Group (QAG), the dealerships that comprise QAG, and the QAG notes held by Kjell Qvale’s estate as of January 2013. If appropriate, he may also offer opinions in rebuttal concerning any damages alleged by Jeff Qvale to have been caused to him by Bruce Qvale and Laura Hiura. Jim Quillinan, Esq. Quillinan is an expert in the areas of estate 45 mins, planning, the drafting of estate planning documents, and trust administration. He will be prepared to offer at trial, as possible rebuttal testimony, his opinions concerning: the standards of care, and/or customs and practices, for estate planning practitioners and those administering trusts and estates, as well as the custom and. practice with respect to drafting estate planning instruments. Respondents reserve the right to call rebuttal witnesses as appropriate. These specific time limits for each witness are estimates and subject to change, depending in part on overall trial time limits set by the Court and the length of Jeffs examinations. Obviously, if Jeff is allowed to spend 18.5 days on direct examinations, Respondents anticipate they will require more time than described above for cross-examination and re-direct. In any event, overall trial time should be apportioned equally between Petitioner and Respondents. Dated: February 25, 2015 KEKER & VAN NEST LLP By: _/s/John W. Keker JOHN W. KEKER Attorneys for Petitioners and Respondents BRUCE H. QVALE, FAMILY TRUSTEE and RESPONDENT LAURA HIURA 6 STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP. REGARDING TIME LIMITS (PER LOCAL RULES 6.3, 6.7) Case Nos. PTR-13-297016; PTR-13-297017; PTR-13-297143827733.04 we em aN DW FF WN Ne a a a eae oo Be Bw A HW FF BW YP KE SD PROOF OF SERVICE BY ELECTRONIC TRANSMISSION Jam employed in the City and County of San Francisco, State of California in the office of a member of the bar of this court at whose direction the following service was made. I am over the age of eighteen years and not a party to the within action. My business address is Keker & Van Nest LLP, 633 Battery Street, San Francisco, CA 94111-1809, On February 25, 2015, I served the following documents described as: STATEMENT OF BRUCE QVALE, LAURA HIURA AND QVALE AUTO GROUP REGARDING TRIAL TIME LIMITS by serving a true copy of the above-described documents in the following manner: On the date executed below, I electronically served the documents described above via Lexis Nexis® File & Serve on the recipients designated on the Transaction Receipt located on the Lexis Nexis® File & Serve website. BY E-MAIL VIA PDF FILE by E-MAIL VIA PDF FILE, by transmitting on this date via e-mail a true and correct copy scanned into an electronic file in Adobe “pdf” format. The transmission was reported as complete and without error. we wos George Montgomery Dominic J. Campisi Friedman, McCubbin, Spalding, Andrew Zabronsky Bilter Re it & M, Naznin Challa iiter Roosevelt lontgomery Evans, Latham & Campisi 425 California Street, 25th Floor One Post Street, Suite 600 San Francisco, CA 94104 San Francisco, CA 94104 george@fomlaw.com Deampisi@elc-law.com Azabronsky@elc-law.com nehalla@elc-law.com Edward Koplowitz Monica Dell’Osso MacInnis, Donner & Koplowitz Burnham Brown 465 California Street, Suite 222 A Professional Corporation San Francisco, CA 94104 P.O. Box 119 eakatt@aol.com Oakland, CA 94604 mdellosso@burnhambrown.com PROOF OF SERVICE Case Nos, PTR-13-297016, PTR-13-297017, PTR-13-297143827733.04 oO ND HR FY NY BNR y NY NR NK NY NR BE Se Be ee se ee Re ee Y A A FO NH |= SD we I DAH FB BH FS Peter L, Muhs Richard J. Collier Cooper, White & Cooper LLP 201 California Street, 17th Floor San Francisco, CA 94111-5002 pmuhs@cwelaw.com reollier@cwclaw.com Stewart H. Foreman Thea B. Eliot Daniel T. Bernhard Freeland Cooper & Foreman LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 foreman@freelandlaw.com eliot@freelandlaw.com. berhard@freelandlaw.com Ronald Hayes Malone 9098 Mustang Court Petaluma, CA 94954 ron@circleo: ine.com HAND DELIVERY VIA MESSENGER M by COURIER, by placing Copy in a sealed envelope addressed as shown below, and dispatching a messenger from Nationwide Legal, Inc., with instructions to hand-carry the above and make delivery to the following during normal business hours, by leaving the package with the person whose name is shown or the person authorized to accept courier deliveries on behalf of the addressee. Dominic J. Campisi Andrew Zabronsky Naznin Challa Evans, Latham & Campisi One Post Street, Suite 600 San Francisco, CA 94104 Edward Koplowitz MaclInnis, Donner & Koplowitz 465 California Street, Suite 222 San Francisco, CA 94104 Peter L. Muhs Richard J. Collier Cooper, White & Cooper LLP 201 California Street, 17th Floor San Francisco, CA 94111-5002 George Montgomery Friedman, McCubbin, Spalding, Bilter Roosevelt & Montgomery 425 California Street, 25th Floor San Francisco, CA 94104 Monica Dell’Osso Bumham Brown A Professional Corporation P.O. Box 119 Oakland, CA 94604 Stewart H. Foreman, Thea B. Eliot Daniel T. Bemhard Freeland Cooper & Foreman LLP 150 Spear Street, Suite 1800 San Francisco, CA 94105 PROOF OF SERVICE Case Nos. PTR-13-297016, PTR-13-297017, PTR-13-297143827733.04 Co eo KN DR AH & YW WL NY NY MY RYN NR DY Be mm me ee eo 3 AA B HN fF SF OD wm WAH RB YW NY SF SS BY UNITED STATES MAIL ee w@_ by regular UNITED STATES MAIL by placing Copy in a sealed envelope addressed as shown below. I am readily familiar with the practice of Keker & Van Nest LLP for collection and processing of correspondence for mailing. According to that practice, items are deposited with the United States Postal Service at San Francisco, California on that same day with postage thereon fully prepaid. I am aware that, on motion of the party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one day after the date of deposit for mailing stated in this affidavit. Ronald Hayes Malone 9098 Mustang Court Petaluma, CA 94954 Executed on February 25, 2015, at San Francisco, California, I declare under penalty of perjury under the laws of the State of California that the above is true and correct, & . SoD Maureen L. Stone PROOF OF SERVICE Case Nos. PTR-13-297016, PTR-13-297017, PTR-33-297143