On April 13, 2018 a
Complaint,Petition
was filed
involving a dispute between
Gaffney, Edith,
Schultz, David,
Tyz, Ryan,
Wendrow, Shana,
and
Moalem, Michelle,
for Trust
in the District Court of San Mateo County.
Preview
Q Noeu Kubota, SBN 77677 '
Law Office of Noell Kubota‘
630 North San Mateo Drive
San Mateo CA 94401
'
'
F I L
SAN MATEO COUNTY
Te1; (650) 579-7535
Fax: (650) 579-7445 I
,
:
JUN 0 7 2019
i
Attorney for Petitioners, I
-‘
Clerk -
.
Edith Gaffney, Shana Wendrow, David Schultz
'
gy ‘
_
I
DEPUTY CLERK
xolooxloxuquN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
) N0. 18 PRO 00355
IN RE' THE ) _
t
_
'
) OBJECTION TO PETITION
) 0F MICHELLE MOALEM TO
THE AFTEL FAMILY TRUST, ) CONFIRM SECOND AMENDMENT ‘
dated June 19, 1986 ) TO TRUST AS OPERATIVE .
‘
)
) Date: July 17, 2019
) Time: 9:00 a.m.
) Dept: Probate/28
Petitioners, David Schultz, Edith Gaffney, and Shana Wendrow (“Obj ectors”),
beneficiaries under the
NNNNNNNN.NHHHHHHr—AHt—tr—I
May 9, 2008 Amendment (“First Amendment”) to the Aftel Family Trust
(“Restatedil‘rust”), dated June 19, 1998, hereby obj ect to the Petition of Michelle Moalem to
confirm the unexecuted Sedond Amendment (“Second Amendment”) to the Trust, as follows:
.ooq"0\UI-mer—‘OKOOOQO\UIAUJNHO
1. The Second Amendment to the Restated Trust, isnot signed by any_ settlor of t_he
Restated Trust, nor is itamended in accordance with the terms of the Restated Truét, in that the
surviving éettlor cannot amend the Family Trust. -
2. The Obj ectors have [petitioned to determine their entitlement under the terms of the
Restated Trusf, which Petition is scheduled to be heard on July 24, 2019'. Objectors request that
‘
1
(1s—PRo—00355
‘M
‘ _
OBJT
Family Truét: Objection To Petiton of Michelle Moalem
.Afl'el
m
Obiecfionlopposmon (re Trust)
1
””53nnmummmuum
J
«‘5‘
the Court consolidate the two petitions and that the issues involved in the two petitions be heard at
the same time.
D ate :
(é Z
5/1 2 a Noell Kubota
Attorney for David Schultz, Edith
Gaffney, and Shana Wendrow
Proof of Service
\DOOflOUl-P I, M J Nakayama, declare that I am over the age of 18 years, a citizen of the United States
and not a party of the within matter. My business address is 630 North San Mateo Drive, San
Mateo CA 94401. On Juhe i, 2019, Iserved a copy of the:
Obiection to Petition of Michelle Moalem to Confirm Second Amendment...0perative
10
on the parties-in said cause by placing a true and correct copy thereof in a sealed envelope With
11
postage thereon fully prepaid on the date and at San Mateo, California following our ordinary
12
business practices. Iam readily familiar With this business’ practice for collection and processing
13
correspondence for mailing. On the same day that correspondence is placed for collection and
14
mailing, it isdeposited in the ordinary course of business with the US mail at San Mateo,
15
California, addressed as follows:
16
See attached listof persons served.
17
I declare under penalty of perjury under the laws of the State of California that the
x
18
foregoing istrue and correct.
19
Date: 40mg 5! 9?an /»_,_
20 M J Nfl
Document Filed Date
June 07, 2019
Case Filing Date
April 13, 2018
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Q Noeu Kubota, SBN 77677 ' Law Office of Noell Kubota‘ 630 North San Mateo Drive San Mateo CA 94401 ' ' F I L SAN MATEO COUNTY Te1; (650) 579-7535 Fax: (650) 579-7445 I , : JUN 0 7 2019 i Attorney for Petitioners, I -‘ Clerk - . Edith Gaffney, Shana Wendrow, David Schultz ' gy ‘ _ I DEPUTY CLERK xolooxloxuquN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO ) N0. 18 PRO 00355 IN RE' THE ) _ t _ ' ) OBJECTION TO PETITION ) 0F MICHELLE MOALEM TO THE AFTEL FAMILY TRUST, ) CONFIRM SECOND AMENDMENT ‘ dated June 19, 1986 ) TO TRUST AS OPERATIVE . ‘ ) ) Date: July 17, 2019 ) Time: 9:00 a.m. ) Dept: Probate/28 Petitioners, David Schultz, Edith Gaffney, and Shana Wendrow (“Obj ectors”), beneficiaries under the NNNNNNNN.NHHHHHHr—AHt—tr—I May 9, 2008 Amendment (“First Amendment”) to the Aftel Family Trust (“Restatedil‘rust”), dated June 19, 1998, hereby obj ect to the Petition of Michelle Moalem to confirm the unexecuted Sedond Amendment (“Second Amendment”) to the Trust, as follows: .ooq"0\UI-mer—‘OKOOOQO\UIAUJNHO 1. The Second Amendment to the Restated Trust, isnot signed by any_ settlor of t_he Restated Trust, nor is itamended in accordance with the terms of the Restated Truét, in that the surviving éettlor cannot amend the Family Trust. - 2. The Obj ectors have [petitioned to determine their entitlement under the terms of the Restated Trusf, which Petition is scheduled to be heard on July 24, 2019'. Objectors request that ‘ 1 (1s—PRo—00355 ‘M ‘ _ OBJT Family Truét: Objection To Petiton of Michelle Moalem .Afl'el m Obiecfionlopposmon (re Trust) 1 ””53nnmummmuum J «‘5‘ the Court consolidate the two petitions and that the issues involved in the two petitions be heard at the same time. D ate : (é Z 5/1 2 a Noell Kubota Attorney for David Schultz, Edith Gaffney, and Shana Wendrow Proof of Service \DOOflOUl-P I, M J Nakayama, declare that I am over the age of 18 years, a citizen of the United States and not a party of the within matter. My business address is 630 North San Mateo Drive, San Mateo CA 94401. On Juhe i, 2019, Iserved a copy of the: Obiection to Petition of Michelle Moalem to Confirm Second Amendment...0perative 10 on the parties-in said cause by placing a true and correct copy thereof in a sealed envelope With 11 postage thereon fully prepaid on the date and at San Mateo, California following our ordinary 12 business practices. Iam readily familiar With this business’ practice for collection and processing 13 correspondence for mailing. On the same day that correspondence is placed for collection and 14 mailing, it isdeposited in the ordinary course of business with the US mail at San Mateo, 15 California, addressed as follows: 16 See attached listof persons served. 17 I declare under penalty of perjury under the laws of the State of California that the x 18 foregoing istrue and correct. 19 Date: 40mg 5! 9?an /»_,_ 20 M J Nfl