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

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                                Phil Foster (SBN 262120)
TOUR-SARKISSIAN LAW OFFICES, LLP
211 Gough Street, Third Floor

San Francisco, CA 94102

(415) 626-7744 telephone

(415) 626-8189 facsimile

phil@tslo.com

Attorneys for Respondent
JEANNE KWONG

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

05/02/2018
Clerk of the Court
BY:AISHA NELSON
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

PROBATE DIVISION

JENNIFER SHUK-HAN KWOK,
Petitioner,
Vv.
JEANNE KWONG, individually and as a
former trustee of the Stan Kwong Irrevocable

Trust II,

Respondent.

AND RELATED CROSS-PETITIONS.

Case No. PES-10-293505

REPLY DECLARATION OF COUNSEL PHIL
FOSTER IN SUPPORT OF RESPONDENT
JEANNE KWONG’S MOTION TO DISMISS
FOR FAILURE TO BRING CASE TO TRIAL

[Code Civ. Proc. § 583.310]
[Code Civ. Proc. § 583.360(a)]

Date:
Time:

Dept.
Location:

Judge:

Action filed:

Trial date:

May 9, 2018

Wednesday

2:00 PM

204

400 McAllister Street

San Francisco, CA 94102

Hon. John K. Stewart

May 12, 2010
not set

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REPLY DECLARATION OF COUNSEL PHIL FOSTER IN SUPPORT OF RESPONDENT JEANNE KWONG’S
MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALT, Phil Foster, declare:

1. I am an attorney licensed to practice in the courts of the State of California. I am an
attorney with the Tour-Sarkissian Law Offices, LLP, the attorneys of record for Respondent JEANNE
KWONG (“Jeanne”). I have personal knowledge of the matters set forth herein and, except as to those
matters set forth on information and belief, could testify competently thereto if so called.

2. I submit this reply declaration in support of Respondent Jeanne Kwong’s Motion To
Dismiss For Failure To Bring Case To Trial pursuant to Code Civ. Proc. §§ 583.310 and 583.360.

3. As shown in the moving papers for this motion, Judge Cheng directed Petitioner
JENNIFER SHUK-HAN KWOK (“Petitioner”) on 8/25/2017 to return to the Presiding Judge in
Department 206 so that this Insurance Trust Case could be given a new trial assignment. I was present
in the courtroom when Judge Cheng gave this instruction to Petitioner’s counsel Mr. Bernhard. In a
declaration filed on 4/3/2018, Mr. Bernhard confirmed his understanding of Judge Cheng’s instruction
on 8/25/2017 as follows: “the parties were advised to consider finding a different trial court.” See
page 2, line 1 of the Declaration of Daniel T. Bernhard attached as Exhibit “B” to the Supplement
Request For Judicial Notice filed herewith.

4. At no point during the next 7 months (8/25/2017 through 3/15/2018) did Petitioner
return to the Presiding Judge for a new trial assignment of this case, file a motion to specially set the
case for trial, or bring it to the Court’s attention in any way that this case needed to be brought to trial.
Petitioner never contacted my office during these 7 months to inquire about dates on which my client
and I were available for trial of this case.

5. I have reviewed all of my emails with Petitioner’s counsel during the 7 months from
8/25/2017 to 3/15/2018, and all of my emails with Petitioner’s counsel pertained to Petitioner’s
litigation claims that are wholly unrelated to this Insurance Trust Case, namely, (1) the responsibility
for paying a judgment debt incurred 4 years ago in an accounting case (CGC-10-499028); (2)

accounting for the rent proceeds from two real properties co-owned by Stan and his mother located on

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REPLY DECLARATION OF COUNSEL PHIL FOSTER IN SUPPORT OF RESPONDENT JEANNE KWONG’S
MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIALWalnut Street and Union Street, respectively; (3) disputing Stan’s mother’s entitlement to be paid
proceeds from promissory notes made payable to Stan’s mother; and (4) payment of state and federal
capital gains taxes associated with the sales of real properties by a separate trust not involved in the
Insurance Trust Case.

6. Petitioner’s claims regarding the rent proceeds and promissory note proceeds are now
also the subject of the Complaint For Declaratory Relief, Unjust Enrichment, And Conversion filed by
Petitioner on March 12, 2018 in the new civil case entitled Kwok v. Kwong, et al., Case No. CGC-18-
564943. A true and correct copy of said complaint is attached as Exhibit “A” to the Supplemental
Request For Judicial Notice filed herewith. The filing of this new case brings the total number of
actions and proceedings commenced by Petitioner against members of Stan’s family since Stan’s death
to eighteen.

7. As of May 9, 2018 (when the Motion To Dismiss is set to be heard), 226 days will have
passed since the 5-year statute expired on September 25, 2017.

8. Trial of this matter has never commenced. No witness has ever been sworn in this case;
no material or dispositive factual disputes have ever been submitted to the Court; and no trial briefs,
motions in limine, or other pre-trial materials have ever been filed or submitted to the Court.

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct. Executed on May 2, 2018 at San Francisco, California.

LL
oc?

PHIL FOSTER

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REPLY DECLARATION OF COUNSEL PHIL FOSTER IN SUPPORT OF RESPONDENT JEANNE KWONG’S
MOTION TO DISMISS FOR FAILURE TO BRING CASE TO TRIAL