Motion-Secondary: IN RE: STAN KWONG IRREVOCABLE TRUST II

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150 Spear Street, Si

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aniel T. Bernhard (CSB #104229)
FREELAND COOPER & FOREMAN LLP
150 Spear Street, Suite 1800

San Francisco, California 94105 ELECTRONICALLY
Telephone: (415) 541-0200 FILED
Facsimile: (415) 495-4332 Superior Court of California,
Email: bernhard@freelandlaw.com County of San Francisco
: pe 04/03/2018
Attorneys for Petitioner Clerk of the Court
Jennifer Shuk-Han Kwok BY:AISHA NELSON
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

IN RE: STAN KWONG IRREVOCABLE | CASE NO.: PES-10-293505
TRUST I
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
PETITIONER'S EX PARTE APPLICATION
TO SET TRIAL DATE

7 aring Date: April 3, 2018
: 11:00 a.m.
Dept, 206, Presiding Judge

Petitioner Jennifer Shuk-Han Kwok submits this Memorandum of Points and Authorities in
Support of her ex parte application to set a trial date,
i INTRODUCTION

This matter needs a trial date. It was first set for trial in February, 2017. That date was then
re-set for April 17, 2017, That date was then continued by the Court until June 1, 2017, Thereafter, it
was sent to Judge Cheng for trial along with other unrelated matters, but trailed into the Fall of 2017,
Thereafter, Petitioner's counsel sought to obtain a trial date and the Court proposed a Status
Conference, but the parties refused to agree to a Status Conference date, and the Court has set no
Status Conference this matter, The trial estimate for this non-jury probate matter is five (5) days.
it, FACTUAL BACKGROUND

This action involves the Trustee's failure to complete a change of beneficiary on a life
insurance policy. Petitioner has alleged claims against Respondent Jeanne Kwong under various

_ {00284270} 1

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITIONER'S EX PARTE
APPLICATION TO SET TRIAL DATEfy
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provisions of the Probate Code, including §§16004(a), 16006, §17200 and 18002 for breach of duty,
negligence and fraud in connection with a life insurance policy. Jeanne was the Trustee of the Trust
and had a long personal and working relationship with the insurance broker, Gary Wong, who had
worked as her financial advisor for many years. Jeanne was the sole signatory on the change of
ownership form. As the Trust's trustee, Jeanne owed the beneficiary -- Jennifer Kwok ~ the highest
duty of good faith and loyalty,

Jeanne relies on a "layperson trustee” defense. This defense argues that Jeanne did not
understand her duties and responsibilities - which with a Trust having no activities and a single asset
amounted to two exactly tasks: get the life insurance policy into the Trust as the owner and as the
beneficiary. But she was more qualified than most non-professional trustees to discharge her duties.
She had her own life insurance trust and met with attorneys, That she failed to do so was an
astounding act of faithlessness to the beneficiary, Jennifer, who is entitled to recover her losses from
this trustee.

Ii ARGUMENT

The Presiding Judge has the authority to set and regulate trial dates and trial setting. CRC
3.710, et seq. San Francisco Superior Court Local Rules 6.0(A) and (C). This is a probate matter
with no jury, and it is at issue; a trial date should be set. All parties were prepared to go to trial on
April 17, 2017.

IV. CONCLUSION
Petitioner requests a trial date be set for any date after June 1, 2018.
Respectfully submitted,

LAND COOPER, & FO REMAN LLP

N\
Dated: April 3, 2018 By St
Danial T

Attorneys for Petitioner Jennifer Shuk-Han Kwok

tose)
MEMORANDUM OF POINTS AND AUTHORIT
APPLICATION TO SET TRIAL DATE

‘IN SUPPORT OF PETITIONER'S EX PARTE