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MOROZUMI 8 ASSOCIATES
Damien Morozumi ¹148554
44
San
Montgomery
Francisco,
Telephone:
Street,
CA 94104
415.434.1449
Suite 1750
8P,N
VII.EB
glATEO COUNTY
Facsimile: 415.434.8317 -4
JUN lal2
Attorney for Defendant & Cross-Complainant
BERNADETTE YEE uperler Comit
I> OWN
)
7
SUPERIOR COURT, STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10 UNLIMITEDJURISDICTION
COLONIAL LIFE 8L ACCIDENT Case No. CIV511744
INSURANCE COMPANY a South
12 Carolina corporation, VERIFIED CROSS-COIIPLAINT
Plaintiff, OF BERNADETTE YEE
13
14
BERNADETTE YEE, an individual, and
15 CANDICE CAIN, an individual,
16 Defendants. BY FAX
17 BERNADETTE YEE, an individual,
18 Cross-Complainant,
19
20 CANDICE CAIN, an individual,
21 Cross-Defendant.
22
COMES NOW defendant, cross-defendant, and cross-complainant,
23
BERNADETTE YEE, and alleges the following:
24
1. Cross-complainant, Bernadette Yee, at all times mentioned herein was and
25
is a resident of San Mateo County, State of California.
26
2. On Information and Belief, Cross-defendant, Candice Cain, at all times
27
mentioned herein, was and is a resident of San Mateo County, State of California.
28
44~ty ~
Haneuml b
Streel
Suite 1750
CROSS COMPLAINT
cA sel 04
San Frendace,
Page -1-
3. Cross-complainant, Bernadette Yee avers that she is the surviving spouse
of decedent, Beldon Yee, who suffered an accidental death on October 1, 2010, while
diving for abalone in Fort Bragg, County of Mendocino. Cross-complainant further
avers that on or about July 1, 1993, decedent, Beldon Yee had taken out an
accidental injury policy, policy no. 1967830055, with an accidental death benefit of
Fifty Thousand Dollars ($ 50,000.00).
4. Cross-complainant avers that on December 13, 1994, less than 6 months
after the aforementioned accident policy was issued, a Notice of Entry of Judgment,
dissolving the marriage between decedent, Beldon Yee, and Candice Yee was filed
10 in the San Mateo Superior court.
5. On June 14, 1998, Cross-complainant, Bemadette Yee and decedent Beldon
12 Yee were married in the State of Californi. All premiums and payments made to
Colonial Life 8 Accident Insurance Company for the aforementioned accidental injury
14 policy were paid for out of community property assets.
15 6. Pursuant to Probate code Section 100, et sec., cross-complainant is entitled
16 to a minimum of one half (~/2)of the proceeds payable from the accident insurance
17 policy.
18 7. Cross-complainant is informed and believes that both crosswomplainant and
19 cross-defendant have made a written claim for the loss of life benefits payable under
20 the Colonial Life 8 Accident Insurance Company policy.
21 8. Cross-complainant submitted a timely and complete Proof of Death
Beneficiary Statement to Colonial Life & Accident Insurance Company in writing,
23 thereby perfecting her claim to the loss of life benefits.
24 9. Cross-complainant is informed and believes and thereon avers that she has
25 performed all the acts precedent to her entitlement to the interplead funds or that any
26 further acts required of her have been waived.
27 10. Crosswomplainant is informed and believes and thereon alleges that the
28 aforesaid claim, of and by cross-defendant Candice Cain, qualifies as written notice
~
MaratunQ e
44 Manlgonery Streel
Sulle t750
CROSS COMPLAINT
Sen RanOeao, CA 94104
Page -2-
of an interest adverse to that of cross-complainant Bernadette Yee, pursuant to and
within the meaning of Probate Code $ 5003(b)(2).
11. Cross-complainant is informed and believes and thereon alleges that the
aforesaid notice and claim, of cross-complainant Candice Cain, was in bad faith
pursuant to and within the terms of Probate Code $ 5003(e).
12. Cross-complainant is informed and believes and thereon alleges that, as
a legal and proximate result of the adverse claim by cross-defendant, Candice Cain,
Colonial Life & Accident Insurance Company undertook to and did interplead the loss
of life benefits with the Superior Court of the State of California, County of San Mateo,
10 in the within-entitled action and has made a claim for costs of suit, including attorney
fees, incident thereto.
12 13. Cross-complainant is informed and believes and thereon alleges that,
13 during the pendency of this action, the interplead funds will not be productive and will
14 not be available to the cross-complainant, and the cross-complainant will suffer loss,
15 injury and damages as a legal and proximate result thereof.
16 14. The cross-complainant has incurred, and will continue to incur, costs,
17 expenses and attorney fees in seeking payment of the loss of life benefits, defending
18 the complaint and prosecuting this cross-complaint, all in an amount to be ascertained
19 according to proof.
20 PRAYERS FOR RELIEF
21 WHEREFORE defendant, cross-defendant, and cross-complainant, Bemadette
22 Yee, as cross-complainant and surviving spouse of decedent, Beldon Yee, prays for
23 relief as follows:
24 1. That the Court find and determine that Bernadette Yee is the proper
25 beneficiary of, ahd under the life insurance policy, entitled to the interplead funds and
26 order judgment in her favor and distribution and payment thereof to her forthwith,
27 2. That the Court find and determine that the premiums of the accident policy,
28 that provides for the accidental death benefits stated herein, were paid for out of
Moronnnl e Asodabe
44 MatNganwy Sreet CROSS COMPLAINT
Suite 1750
Sen Frandeoa. CA 94104
Page -3-
1 community property assets, without the. consent, knowledge or permission of cross-
2 complainant, and therefore, under California law, Bernadette Yee is entitled to a
3 minimum of one half (/2) of the premiums owing, or otherwise identified as the
4 interplead funds,
5 3. That the Court find and determine that cross-defendant Candice Cain
6 served a written notice of an adverse interest in the interplead funds pursuant to and
7 within the meaning of Probate Code $ 5003(b)(2) and that such notice was in bad faith
8 pursuant to and within the meaning of Probate Code $ 5003(e);
9 4. That the Court award Bernadette Yee, her costs of this action, as against
10 cross-defendant Candice Yee, including reasonable attorney fees, costs and
11 expenses, as well as the damages caused by the service of the written notice of the
12 claim to the interplead funds pursuant to and within the meaning of Probate Code
13 $ 5003(e), including but not limited to any costs, expenses and fees awarded to
14 plaintiffColonial Life &Accident Insurance Company on and incident to the underlying
15 complaint in this action;
16 5. For such other and further relief as the Court deems proper under the
17 circumstances.
18 6. For judgment on the foregoing according to proof.
19
20 Dated: June 2, 2012 Morozumi & Associates
21
22 By:
Damien Morozumi
23 Attorney for Defendant
BERNADETTE YEE
24
25
26
27
28
aerrorrrnr a aeoccrere
44 Moregome~
Sneer CROSS COMPLAINT
Solle 1750
Sen Frencreco. CA 84104
Page -4-
SF ADULT PROBA PAGE 63/6E
VERIFICATION
I, Bernadette Yee, declare es foilows:
I am the defendant, cross-complainant, cross-defendant, in the within
entitled action. I have read rhe foregoing Answer to Cross-Complaint and know the
contents to be true and cornet, except those matters stated upon Information and
r
belief, of which I believe to be true.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 9) Day, of )V~I, 2012, at San Bruno, California.
aernadetteWee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
UNLIMITEDJURISDICTION
CASE NAME: COLONIAL V. YEE, et al.
CASE NUMBER: CIV499540
PROOF OF SERVICE BY MAIL
On June 2, 2012, Iserved a copy of the following document(s) in the within
action:
~ CROSS COMPLAINT.
At the time of service: (1) My business address was 44 Montgomery Street,
Suite 1750, San Francisco, California 94104; (2) I was employed in the City and County
10 of San Francisco, California; (3) I was over the age of 18 and not a party to the within
action; (4) I was familiar with my business'ractice for collection and processing of
12 correspondence for mailing with the United States Postal Service; (5) I placed the
13 document in envelope addressed as follows:
14 Anna M. Martin, Joseph William Holsinger
F. Charles
RIMAC MARTIN,P.C. Law Office oF William IL Hoisinger
15 1051 Divisadero Street 247 North San Mateo Drive
San Francisco, CA 941 15 San Mateo, CA 94401-2608
16 FAX: (415) 561~30 FAX: (650)35%4357
17 Atty For Colonial LIFe 4 Accident Insnrance Company Atty For Candice Cain
18 and, (6) the envelope was sealed and placed for collection and mailing in accordance with
19 ordinary business practices.
20 I declare under penalty of perjury under the laws of the State of California that
21 all of the foregoing statements are true and correct and if called upon would testify
22 competently thereto.
23 Executed on June 2, 2012, in San Francisco, Californi.
24
25
26
Molly rie
ururuzuml & Assockdm
ee aeragorrmy
Streel CROSS COMPLAINT
Sulre 1750
San Fr&eel&co. CA 84104
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MOROZUMI 8 ASSOCIATES Damien Morozumi ¹148554 44 San Montgomery Francisco, Telephone: Street, CA 94104 415.434.1449 Suite 1750 8P,N VII.EB glATEO COUNTY Facsimile: 415.434.8317 -4 JUN lal2 Attorney for Defendant & Cross-Complainant BERNADETTE YEE uperler Comit I> OWN ) 7 SUPERIOR COURT, STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITEDJURISDICTION COLONIAL LIFE 8L ACCIDENT Case No. CIV511744 INSURANCE COMPANY a South 12 Carolina corporation, VERIFIED CROSS-COIIPLAINT Plaintiff, OF BERNADETTE YEE 13 14 BERNADETTE YEE, an individual, and 15 CANDICE CAIN, an individual, 16 Defendants. BY FAX 17 BERNADETTE YEE, an individual, 18 Cross-Complainant, 19 20 CANDICE CAIN, an individual, 21 Cross-Defendant. 22 COMES NOW defendant, cross-defendant, and cross-complainant, 23 BERNADETTE YEE, and alleges the following: 24 1. Cross-complainant, Bernadette Yee, at all times mentioned herein was and 25 is a resident of San Mateo County, State of California. 26 2. On Information and Belief, Cross-defendant, Candice Cain, at all times 27 mentioned herein, was and is a resident of San Mateo County, State of California. 28 44~ty ~ Haneuml b Streel Suite 1750 CROSS COMPLAINT cA sel 04 San Frendace, Page -1- 3. Cross-complainant, Bernadette Yee avers that she is the surviving spouse of decedent, Beldon Yee, who suffered an accidental death on October 1, 2010, while diving for abalone in Fort Bragg, County of Mendocino. Cross-complainant further avers that on or about July 1, 1993, decedent, Beldon Yee had taken out an accidental injury policy, policy no. 1967830055, with an accidental death benefit of Fifty Thousand Dollars ($ 50,000.00). 4. Cross-complainant avers that on December 13, 1994, less than 6 months after the aforementioned accident policy was issued, a Notice of Entry of Judgment, dissolving the marriage between decedent, Beldon Yee, and Candice Yee was filed 10 in the San Mateo Superior court. 5. On June 14, 1998, Cross-complainant, Bemadette Yee and decedent Beldon 12 Yee were married in the State of Californi. All premiums and payments made to Colonial Life 8 Accident Insurance Company for the aforementioned accidental injury 14 policy were paid for out of community property assets. 15 6. Pursuant to Probate code Section 100, et sec., cross-complainant is entitled 16 to a minimum of one half (~/2)of the proceeds payable from the accident insurance 17 policy. 18 7. Cross-complainant is informed and believes that both crosswomplainant and 19 cross-defendant have made a written claim for the loss of life benefits payable under 20 the Colonial Life 8 Accident Insurance Company policy. 21 8. Cross-complainant submitted a timely and complete Proof of Death Beneficiary Statement to Colonial Life & Accident Insurance Company in writing, 23 thereby perfecting her claim to the loss of life benefits. 24 9. Cross-complainant is informed and believes and thereon avers that she has 25 performed all the acts precedent to her entitlement to the interplead funds or that any 26 further acts required of her have been waived. 27 10. Crosswomplainant is informed and believes and thereon alleges that the 28 aforesaid claim, of and by cross-defendant Candice Cain, qualifies as written notice ~ MaratunQ e 44 Manlgonery Streel Sulle t750 CROSS COMPLAINT Sen RanOeao, CA 94104 Page -2- of an interest adverse to that of cross-complainant Bernadette Yee, pursuant to and within the meaning of Probate Code $ 5003(b)(2). 11. Cross-complainant is informed and believes and thereon alleges that the aforesaid notice and claim, of cross-complainant Candice Cain, was in bad faith pursuant to and within the terms of Probate Code $ 5003(e). 12. Cross-complainant is informed and believes and thereon alleges that, as a legal and proximate result of the adverse claim by cross-defendant, Candice Cain, Colonial Life & Accident Insurance Company undertook to and did interplead the loss of life benefits with the Superior Court of the State of California, County of San Mateo, 10 in the within-entitled action and has made a claim for costs of suit, including attorney fees, incident thereto. 12 13. Cross-complainant is informed and believes and thereon alleges that, 13 during the pendency of this action, the interplead funds will not be productive and will 14 not be available to the cross-complainant, and the cross-complainant will suffer loss, 15 injury and damages as a legal and proximate result thereof. 16 14. The cross-complainant has incurred, and will continue to incur, costs, 17 expenses and attorney fees in seeking payment of the loss of life benefits, defending 18 the complaint and prosecuting this cross-complaint, all in an amount to be ascertained 19 according to proof. 20 PRAYERS FOR RELIEF 21 WHEREFORE defendant, cross-defendant, and cross-complainant, Bemadette 22 Yee, as cross-complainant and surviving spouse of decedent, Beldon Yee, prays for 23 relief as follows: 24 1. That the Court find and determine that Bernadette Yee is the proper 25 beneficiary of, ahd under the life insurance policy, entitled to the interplead funds and 26 order judgment in her favor and distribution and payment thereof to her forthwith, 27 2. That the Court find and determine that the premiums of the accident policy, 28 that provides for the accidental death benefits stated herein, were paid for out of Moronnnl e Asodabe 44 MatNganwy Sreet CROSS COMPLAINT Suite 1750 Sen Frandeoa. CA 94104 Page -3- 1 community property assets, without the. consent, knowledge or permission of cross- 2 complainant, and therefore, under California law, Bernadette Yee is entitled to a 3 minimum of one half (/2) of the premiums owing, or otherwise identified as the 4 interplead funds, 5 3. That the Court find and determine that cross-defendant Candice Cain 6 served a written notice of an adverse interest in the interplead funds pursuant to and 7 within the meaning of Probate Code $ 5003(b)(2) and that such notice was in bad faith 8 pursuant to and within the meaning of Probate Code $ 5003(e); 9 4. That the Court award Bernadette Yee, her costs of this action, as against 10 cross-defendant Candice Yee, including reasonable attorney fees, costs and 11 expenses, as well as the damages caused by the service of the written notice of the 12 claim to the interplead funds pursuant to and within the meaning of Probate Code 13 $ 5003(e), including but not limited to any costs, expenses and fees awarded to 14 plaintiffColonial Life &Accident Insurance Company on and incident to the underlying 15 complaint in this action; 16 5. For such other and further relief as the Court deems proper under the 17 circumstances. 18 6. For judgment on the foregoing according to proof. 19 20 Dated: June 2, 2012 Morozumi & Associates 21 22 By: Damien Morozumi 23 Attorney for Defendant BERNADETTE YEE 24 25 26 27 28 aerrorrrnr a aeoccrere 44 Moregome~ Sneer CROSS COMPLAINT Solle 1750 Sen Frencreco. CA 84104 Page -4- SF ADULT PROBA PAGE 63/6E VERIFICATION I, Bernadette Yee, declare es foilows: I am the defendant, cross-complainant, cross-defendant, in the within entitled action. I have read rhe foregoing Answer to Cross-Complaint and know the contents to be true and cornet, except those matters stated upon Information and r belief, of which I believe to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed this 9) Day, of )V~I, 2012, at San Bruno, California. aernadetteWee SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO UNLIMITEDJURISDICTION CASE NAME: COLONIAL V. YEE, et al. CASE NUMBER: CIV499540 PROOF OF SERVICE BY MAIL On June 2, 2012, Iserved a copy of the following document(s) in the within action: ~ CROSS COMPLAINT. At the time of service: (1) My business address was 44 Montgomery Street, Suite 1750, San Francisco, California 94104; (2) I was employed in the City and County 10 of San Francisco, California; (3) I was over the age of 18 and not a party to the within action; (4) I was familiar with my business'ractice for collection and processing of 12 correspondence for mailing with the United States Postal Service; (5) I placed the 13 document in envelope addressed as follows: 14 Anna M. Martin, Joseph William Holsinger F. Charles RIMAC MARTIN,P.C. Law Office oF William IL Hoisinger 15 1051 Divisadero Street 247 North San Mateo Drive San Francisco, CA 941 15 San Mateo, CA 94401-2608 16 FAX: (415) 561~30 FAX: (650)35%4357 17 Atty For Colonial LIFe 4 Accident Insnrance Company Atty For Candice Cain 18 and, (6) the envelope was sealed and placed for collection and mailing in accordance with 19 ordinary business practices. 20 I declare under penalty of perjury under the laws of the State of California that 21 all of the foregoing statements are true and correct and if called upon would testify 22 competently thereto. 23 Executed on June 2, 2012, in San Francisco, Californi. 24 25 26 Molly rie ururuzuml & Assockdm ee aeragorrmy Streel CROSS COMPLAINT Sulre 1750 San Fr&eel&co. CA 84104