On May 12, 2010 a
Order
was filed
involving a dispute between
Kwok, Jennifer Shuk-Han,
Kwong, Jeanne,
Ouyang, Feng,
Wong, Gary,
and
Kwok, Jennifer Shuk-Han,
Kwong, Jeanne,
Ouyang, Feng,
Stan Kwong Irrevocable Trust Ii,
Wong, Gary,
for OTHER PROBATE (petition by beneficiary to recover benefits of insurance proceeds from trustee on claims of breach of fiduciary duty, negligence and fraud)
in the District Court of San Francisco County.
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MOOI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-22-2018 9:38 am
Case Number: PES-10-293505
Filing Date: May-22-2018 9:37
Filed by: NANCY B. WONG
Image: 06345104
ORDER
IN RE: STAN KWONG IRREVOCABLE TRUST II
001P06345104
Instructions:
Please place this sheet on top of the document to be scanned.Phil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP
211 Gough Street, Third Floor
San Francisco, CA 94102
F
San Francisco County Sunedor Court
(415) 626-7744 telephone MAY 22 2018
(415) 626-8189 facsimile CLERK OF THE COURT
phil@tslo.com BY: y Pores
Attorneys for Respondent :
JEANNE KWONG
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PROBATE DIVISION
JENNIFER SHUK-HAN KWOK, Case No. PES-10-293505
Petitioner,
ve
JEANNE KWONG, individually and as a
former trustee of the Stan Kwong Irrevocable
Trust IL,
Respondent.
AND RELATED CROSS-PETITIONS.
ORDER GRANTING MOTION TO DISMISS
FOR FAILURE TO BRING CASE TO TRIAL
[Code Civ. Proc. § 583.310]
[Code Civ. Proc. § 583.360(a)}
Date: May 9, 2018
Wednesday
Time: 2:00 PM
Dept. 204
Location: 400 McAllister Street
San Francisco, CA 94102
Judge: Hon. John K. Stewart
Action filed: May 12, 2010
Trial date: not set
The Motion To Dismiss For Failure To Bring Case To Trial filed by Respondent Jeanne Kwong
came on regularly for hearing in this department on the date shown above. Petitioner Jennifer Shuk-
Han Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne
1
ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALKwong appeared through counsel Phil Foster. Respondent Gary Wong appeared through counsel
Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard
Bryan.
Having read the papers in support of and opposition to the motion, and having heard the
arguments of counsel, with good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for
Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which
to commence trial on this petition was extended by written stipulation to no later than June 26, 2017,
and potentially by oral stipulation on the record to September 25, 2017. The plain meaning of the last
stipulation between the parties continuing the trial date does not expressly waive Respondent’s right to
bring a motion to dismiss, nor does it extend the statutory time limit indefinitely. Petitioner has not
met the burden to show by clear and convincing evidence that the statutory time limit was further tolled
due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due
diligence to bring this case to trial at all stages of the proceeding; Petitioner’s papers show that she was
aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to
specially set the petition for trial until after this Motion to Dismiss was filed. There is insufficient
showing that Respondent is equitably estopped from bringing this Motion to Dismiss.
Dated: 9 J D/L SS. Te. L \ee—
HON. JOHN K. STEWART
JUDGE OF THE SUPERIOR COURT
2
ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIAL
Document Filed Date
May 22, 2018
Case Filing Date
May 12, 2010
Category
OTHER PROBATE (petition by beneficiary to recover benefits of insurance proceeds from trustee on claims of breach of fiduciary duty, negligence and fraud)
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MOOI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-22-2018 9:38 am Case Number: PES-10-293505 Filing Date: May-22-2018 9:37 Filed by: NANCY B. WONG Image: 06345104 ORDER IN RE: STAN KWONG IRREVOCABLE TRUST II 001P06345104 Instructions: Please place this sheet on top of the document to be scanned.Phil Foster (SBN 262120) TOUR-SARKISSIAN LAW OFFICES, LLP 211 Gough Street, Third Floor San Francisco, CA 94102 F San Francisco County Sunedor Court (415) 626-7744 telephone MAY 22 2018 (415) 626-8189 facsimile CLERK OF THE COURT phil@tslo.com BY: y Pores Attorneys for Respondent : JEANNE KWONG SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PROBATE DIVISION JENNIFER SHUK-HAN KWOK, Case No. PES-10-293505 Petitioner, ve JEANNE KWONG, individually and as a former trustee of the Stan Kwong Irrevocable Trust IL, Respondent. AND RELATED CROSS-PETITIONS. ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIAL [Code Civ. Proc. § 583.310] [Code Civ. Proc. § 583.360(a)} Date: May 9, 2018 Wednesday Time: 2:00 PM Dept. 204 Location: 400 McAllister Street San Francisco, CA 94102 Judge: Hon. John K. Stewart Action filed: May 12, 2010 Trial date: not set The Motion To Dismiss For Failure To Bring Case To Trial filed by Respondent Jeanne Kwong came on regularly for hearing in this department on the date shown above. Petitioner Jennifer Shuk- Han Kwok appeared through counsel Daniel T. Bernhard and Douglas Robbins. Respondent Jeanne 1 ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALKwong appeared through counsel Phil Foster. Respondent Gary Wong appeared through counsel Edward Zusman and Elliott Rector. Respondent Feng Ouyang appeared through counsel Richard Bryan. Having read the papers in support of and opposition to the motion, and having heard the arguments of counsel, with good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss for Failure to Bring Case to Trial is GRANTED under CCP § 583.360. The statutory time limit in which to commence trial on this petition was extended by written stipulation to no later than June 26, 2017, and potentially by oral stipulation on the record to September 25, 2017. The plain meaning of the last stipulation between the parties continuing the trial date does not expressly waive Respondent’s right to bring a motion to dismiss, nor does it extend the statutory time limit indefinitely. Petitioner has not met the burden to show by clear and convincing evidence that the statutory time limit was further tolled due to impossibility, futility, or impracticality. Petitioner has not shown that she acted with due diligence to bring this case to trial at all stages of the proceeding; Petitioner’s papers show that she was aware that the extended statutory time limit in which to commence trial had run, and yet did not seek to specially set the petition for trial until after this Motion to Dismiss was filed. There is insufficient showing that Respondent is equitably estopped from bringing this Motion to Dismiss. Dated: 9 J D/L SS. Te. L \ee— HON. JOHN K. STEWART JUDGE OF THE SUPERIOR COURT 2 ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIAL