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Electronically FILED by Superior Court of California, County of Riverside on 03/23/2022 05:22 PM
Case Number CVRI2201176 0000016855911 - W. Samuel Hamrick Jr., Executive Officer/Clerk of the Court By Brigit Prado, Clerk
Jerome D. Stark, PC; SBN 67663
540 N. Golden Circle Dr., Ste. 203
Santa Ana, California 92705
Telephone 714-558-8014
Facsimile: 715-558-8015
Attorney for Plaintiffs,
Tracy Steele Greer, an individual
and as the Successor Trustee of
the Suzanne Powers Revocable Trust
Dated May 7, 1992
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
(UNLIMITED JURISDICTION)
TRACY STEELE GREER, an ) CASENO.: CY RI2201176
individual and as the Successor Trustee )
of the Suzanne Powers Revocable Trust)
Dated May 7, 1992, ) VERIFIED COMPLAINT FOR:
) 1. CONSTRUCTIVE FRAUD
) 2. CONVERSION
) 3. FRAUD; and
Plaintiff, ) 4. QUIET TITLE
vs
)
JAMES PATRICK BROMS, an ;
individual; and DOES 1-10, inclusive )
)
)
)
Defendants. )
)
Plaintiff alleges:
ls Plaintiff, TRACY STEELE GREER, is an individual, and as the Successor
Trustee of the Suzanne Powers Revocable Trust Dated May 7, 1992 (“Trust”) is now, and at all
times mentioned in this Complaint was a resident of the County of Riverside, State of California.
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2. Defendant, JAMES PATRICK BROMS (“Broms”), an individual, is a son of the
Plaintiff, is now, and at all times mentioned in this Complaint and is now, and at all times
mentioned in this Complaint a resident of the County of Riverside, State of California.
Be Plaintiff does not know the true names of defendants DOES 1 through 10,
inclusive, and therefore sues them by those fictitious names. Plaintiff is informed and believes,
and on the basis of that information and belief alleges, that each of those defendants was in some
manner legally responsible for the events and happenings alleges in this Complaint and for
Plaintiff's damages. The names, capacities and relationships of DOES 1 through 10 will be
alleged by amendment to this Complaint when they are known.
FACTS COMMON TO ALL CAUSES OF ACTIONS
4, Suzanne P. Powers (“Powers) created the Trust. A true and correct copy of the
Suzanne P. Powers Revocable Trust Dated May 7, 1992 attached hereto and incorporated herein
by reference as Exhibit “A”. Suzanne died on August 3rd, 2020; a true and correct copy of a
certified copy of death certificate is attached hereto and incorporated herein by reference as
Exhibit “B”.
a Powers transferred the Subject Property (“Subject Property”) to the Trust on or
after December 20, 2000. The Subject Property is located at 25290 Forest Wood Circle, Menifee,|
CA 92584. The Subject Property is described at the Clerk Office Book in Riverdale County as:
“Lot 62 of Tract 28754-1, as per Map recorded in Book 292, Page 70 through 73, inclusive,
of Maps filed in the Office of County Recorder of Riverside County, State of California.”
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A true and correct copy of the legal description of the Subject Property is attached hereto
and incorporated herein by reference as Exhibit “C”.
Plaintiff, the daughter of Powers, amongst her other siblings, was the primary kin to
Powers who assisted and took care of her in her later years. Subsequently, on May 4",
2019, Powers made Plaintiff the sole beneficiary of the Trust by amending the Suzanne P.
Powers Revocable Trust Dated May 7, 1992. A true and correct copy of the Amendment to
the
Trust is attached hereto and incorporated herein by reference as Exhibit “D”. Therefore, upon
Suzanne P. Powers’ death, Plaintiff, as the sole beneficiary of her mother’s Trust became the
owner of the Subject Property.
6. The Subject Property was encumbered by Powers with a reverse mortgage prior to
conveying the Subject Property to the Trust.
q Plaintiff, is the Successor Trustee to the Trust and the sole beneficiary. Plaintiff is
suing Broms in her individual capacity and, as the Trustee and sole beneficiary of the Trust
which holds title to the Subject Property.
8. Plaintiff, transferred by a Grant Deed (“Deed”) title to the Subject Property to
Broms on or about February 2, 2021 with the agreement and understanding that Broms would
refinance the Subject Property to pay off the reverse mortgage. Brom was to occupy the Subject
Property; however, if the Subject Property were sold, she would receive a payment of a
percentage of the equity in the Subject Property equal to $210,000.00, sell the Subject Property
and give his mother, Plaintiff, the $210,000.00. A true and correct copy of the Grant Deed is
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attached hereto and incorporated herein by reference as Exhibit “E”. Broms, after taking the title,
procured a refinance loan and paid off the reverse mortgage.
9. The verbal agreement by and between Greer and Broms concluded that Broms
would own and live on the Subject Property with the agreement and condition that the $210,000
of the proceeds from the sale of the Subject Property would be given to his mother, Plaintiff, in
the event Broms decided to leave the Subject Property.
10. Plaintiff is informed and believes, thereon alleges that Broms is in the process of
selling the Property and then leaving the State of California; without paying the promised
$210,000 and not informing Plaintiff about the location he is moving other than in Chicago area.
ty Plaintiff is informed and believes that Broms is selling the Subject Property and
keeping the full balance of the proceeds, thereby breaching the verbal representation and the
agreement to pay $210,000 from the proceeds of the sale of said Subject Property. Plaintiff has
discharged her duties with regard to the verbal agreement by transferring the Deed to Broms.
FIRST CAUSE OF ACTION:
CONSTRUCTIVE TRUST BASED os FRAUD AND BREACH OF FIDUCIARY
TY
12. Plaintiff realleges Paragraphs 1 through 11 of this Complaint, and by this
reference, incorporate the same as though fully set forth at length herein.
13. On or about February 2, 2021, when the Subject Property was transferred to
Broms, Plaintiff was promised to be given $210,000 from the proceeds of the sale of the Subject
Property. Defendant had no place to live at the time of the conveyance of the title. Plaintiff,
agreed to give the title and right to possess the Subject Property on the condition the payment of
the agreed amount at the time of the sale of the Subject Property and Broms was to keep the
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balance left from the sale of the Subject Property. Broms held the title as seen in the Grant Deed
and had no intentions to give the $210,000 to Plaintiff at the time of transfer.
14. Broms made a false representation to Greer regarding a material fact to the
agreement at the time of the transfer with the intent to deceive and induce Plaintiff to transfer the
Deed of Property to him, free of charge. Deceit may consist of a promise, made without any
intention of performing it [see Civ. Code § 1710(4)], and such promise is actionable of the other
party relies on it as an inducement [Brockway v. Heilman (1967) 250 Cal. App. 2d 807, 811, 58
Cal. Rptr. 772]. He informed Greer that he does not intent to give the agreed amount of money to|
her.
15. Plaintiff fully discharged her duties regarding to the agreement with reliance to
the promise. Plaintiff gave up the title to the Subject Property to Broms relying to their fiduciary
relationship. Broms in fact, took the title as trustee for Plaintiff with the fiduciary duty to
refinance and pay off the loan; and then give the agreed amount of money to the Plaintiff.
16. Broms is in the process of moving out from the house and attempting to sell the
Subject Property to keep the balance for himself. Plaintiff is informed and believes and thereon
alleges that Broms is moving out of the State of California without any intention to keep his
promise.
1%: Broms had a fiduciary duty to his mother, who helped him with his sheltering
needs, to be honest and truthful to his word; and to pay $210,000 to Plaintiff for the Subject
Property Plaintiff transferred to him for free of charge provided he refinance the Subject Propert
to pay off the reverse mortgage. By virtue of their relationship both as parent-child, and settlor-
trustee of a constructive trust, Broms had a duty to act with utmost good faith when dealing with
transactions by and between Plaintiff.
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18. Constructive fraud as actionable even though material misstatements are made
without the intent to deceive [see Cardozo v. Bank of America (1953) 116 Cal. App. 2d 833,
839, 254 P.2d 949]
19. Plaintiff indeed relied on Broms’ representation for the agreement to pay the
$210,000 when she transferred the title to Broms. Plaintiff executed and delivered the Deed to
Broms with the reliance he would pay him the agreed amount at the time of sale of Subject
Property. Therefore, Plaintiff will be damaged in the amount of at least $210,000 in case the sale
is occurred.
20. By reason of all the ongoing facts, Plaintiff is entitled of a constructive trust upon
Broms’ interest in the Real Property; and an order that Plaintiff's interest in the Subject Property
to be conveyed to Plaintiff; or a declaratory judgment that Broms has forfeited all rights, title and
interest in the property and; that Plaintiff is the sole owner of said Subject Property.
SECOND CAUSE OF ACTION:
CONVERSION
21. Plaintiff realleges Paragraphs | through 20 of this Complaint, and by this reference,
incorporate the same as though fully set forth at length herein.
22; Broms took title to the Subject Property as a trustee for the benefit of his mother
Plaintiff, with an oral agreement to give $210,000 of the proceeds of the Subject Property to
Plaintiff.
23. Brooms made it clear that he took title as a trustee at the time of the transfer, and
informed Plaintiff later, on the process of moving that he does not intent to give the agreed
amount to Plaintiff once the sale is finalized, and will be moving to a location that is out of the
state, unknown to Plaintiff.
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24. Plaintiff demanded the Defendant to cease the sale or give her a warranty for the
agreed upon proceeds, knowing Defendant is being relocated to an unknown, out-of-state
location.
25. Defendant rejected to giving Plaintiff any information about the escrow process ofj
the sale and the information on the new intended dwelling. Defendant did not cease to sell the
Subject Property with intention to keep all the balance.
26. As a result of foregoing, Defendant has converted the Plaintiff’s real property and
intended on converting it to his own usage, and unfair profit.
27. As a proximate cause of the conversion of Plaintiff's property, Plaintiff has been
denied the usage and profits, and thereof, has been precluded from potentially liquidating the
Subject Property and thereby been damaged in an amount of at least $210,000.
28. The acts of the Defendant were willful, wanton, malicious and oppressive, and
justify the awarding of exemplary and punitive damages in an amount that the Court find just.
THIRD CAUSE OF ACTION:
FRAUD
30. Plaintiff realleges Paragraphs | through 28 of this Complaint, and by this
reference, incorporate the same as though fully set forth at length herein.
31. Broms made a false representation on a material fact, which is the consideration
of the title of said Subject Property when entering into an oral agreement with Plaintiff. Plaintiff
is informed and believes that Broms had no intentions to give the $210,000 of the proceeds from
the sale of Subject Property.
32. An intent to induce Plaintiff to alter his or her position can be inferred from the
fact that Defendant made the representation with knowledge that Plaintiff would act in reliance
on it. [Gagne v. Bertran (1954) 43 Cal. 2d 481, 488, 275 P. 2d 15; Eddy v. Sharp (1988) 199 Cal.
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App. 3d 858,864, 245 Cal. Rptr. 211] Broms did or could reasonably presume that Plaintiff
would act in reliance on his misrepresentation.
33. Plaintiff, in fact, has been induced and relied on Brom’s false representations
when transferring the title of Subject Property to Broms.
34. Defendant intended to deceive by his misrepresentation and breached his legal
and equitable duty, trust and confidence that caused Plaintiff damages of at least $210,000.
Plaintiff justifiably relied on her son’s promise and gave up on her legal title. Although she did
not give up on her equitable title, Defendant is in the process of selling, and disposing the real
Property which is a denial of Plaintiff's rights.
35. The aforementioned conduct of the Defendant was an intentional
misrepresentation, deceit, or concealment of a material fact known to Broms and caused
damages to Plaintiff,
36. As aresult of acts of Defendant, Plaintiff is entitled to damages resulted by
misrepresentation and punitive damages according to proof.
FOURTH CAUSE OF ACTION:
UIET TITLE
37. Plaintiff realleges Paragraphs 1 through 36 of this Complaint, and by this
reference, incorporate the same as though fully set forth at length herein.
38. Plaintiff seeks to quiet title of the Subject Property and seeks a court order vesting}
the Subject Property as an asset of the Trust.
WHEREFORE, Plaintiff seeks:
1. Damages for Construct Fraud according to proof of $210,000.00;
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VERIFIED COMPLAINT2. Damages for the conversion of assets according to proofy
3. Damages for Fraud according to proof; together with punitive damages:
4. Plaintiff seeks quiet title to the Subject Property and seeks a court order that the Subject
Property shall become an asset of the Trust; and
5. For such other and further remedies that are just and proper, including court costs.
JEROME D. STARK, PC
Dated: March 21, 2022 By ae oe
Stark, Esq.. Attorney for Plaintiff
8
VERLEIED COMPLAINTEXHIBIT A———
miter
33a a SES
Pcs
REVOCABLE TRUST
OF
SUZANNE P. POWERS
SUZANNE P. POWERS, a resident of the State of California, County
of Orange, entiered into a Declaration of Trust known as the
“SUZANNE P. PO
now hereby am
entirety as her
Section 1
All property he
the trustee to
is herein cal
administered, 4
Declaration of
Section 1
a) The
POWERS.
Section 1
SUZANNE P. F
Section 1
At any time du
Trustee, in Tr
possible tax cq
ERS REVOCABLE TRUST DATED MAY 7, 1992.” Trustor
nds said Trust by restating the same in its
ein set forth.
ARTICLE ONE
01 Trust Estate
lreafter transferred or conveyed to and received by
be held pursuant to the terms of this instrument
led the "Trust Estate" and shall be _ held,
Ind distributed by the Trustee as provided in this
[Trust.
.02 Meaning of Words
term "Trustor" shall refer to SUZANNE P.
-03 Trustee Designation
IOWERS is hereby designated Trustee.
.04 Additions to Trust Properties
ring the continuance of any trust hereunder, ces
stee's sole discretion after consideration of the
sequences thereof to all concerned, is authorized
to receive additions of cash or other properties to such trust,
subject to any
any source wha
or otherwise.
conditions to which such Trustee may agree, from
soever without limitation, whether by gift, will,|
|
|
|
o”
Section 1
At any time du
duly executed i
a) Amend
provisions) in
b) Revok
05 Amendment and Revocation
ring the life of the Trustor, Trustor may, by a
strument;
technical
‘A-SIN(X)
this trust agreement
any manner and/or
(including its
b this trust agreement in part or in whole, in
which latter event any and all trust properties shall forthwith
revert to suc
Trustor free of trust. Such instrument of
amendment or rd@vocation shall be effective immediately upon its
proper executiog
by a trustee,
responsibility
such instrumen
provisions of
instrument.
Section 2
During the lif
annually unless
or apply for t
In by Trustor, but until a copy has been received
that Trustee shall not incur any liability or
either (i) for failing to act in accordance with
t or (ii) for acting in accordance with the
this trust agreement without regard to such
ARTICLE TWO
01 Trust Income
e of the Trustor, the Trustee shall at least
otherwise directed by Trustor in writing, pay to
e benefit of Trustor, all of the net income from
the Trust Estate.
Section 2
During the Jl
incapacitated a
in the Trustee'
a) Pay
monthly or othe
b) Apply
thereof, of the
absolute discre
Trustor.
ce) Decla
istor to exey
ithdrawal of a
of competent
disappearance
the entire net
constitutes
02 Protection of Trustor in
Incapacity
Event of
life of the Trustor, should Trustor become
is defined in Section 2.03 below, the Trustee may,
is discretion;
income of the Trust Estate in
r convenient installments to the Trustor, or
such portion of the net income, up to the whole
Trust Estate as the Trustee may deem in Trustee's
tion reasonable and proper for the benefit of the
re void and without effect, any attempt by the
cise the reserved rights of revocation, amendment,
ssets, control over Trustee, etc., unless a court
jurisdiction determines otherwise or Trustor's
incapacity. During any period of
Trustor's incapacity, this Trust is irrevocable and unamendable.
~Section 2,03 Incapacity
In the event th
into possession
a) A cou
to be jurisdict
holding a perso
own behalf or a
b) Duly
certificates at
licensed physicians
certified by a
such physician
reason of accident,
such person had
rationally and
interests, or
i) | Evide
creditable and
disappeared, is
duress where h
look after his
Then, in that e
a) Such
incapacitated,
purposes of thi
b) Such
court order,
inapplicable or
c) The
the Trustee, a
herein.
Any physician's
certificate to
incapacitated,
physician or
physicians. Nd
inguiry into a
any such ingquil
assets. Payme:
inquiry as to
inquiry as to t
At any trustee or any beneficiary hereunder comes
of any of the following:
t order, which such Trustee or beneficiary deems
Honally proper and still concurrently applicable,
h to be legally incapacitated to act in his or her
jointing a guardian to act for him or her, or
executed, witnessed, acknowledged written
least one of which is then unrevoked, of two
(each of whom represents that he or she is
recognized medical board), each certifying that
has examined a person and has concluded that, by
or mental deterioration, or similar cause,
at the date thereof, become incapacitated to act
prudently in his or her own financial best
hce which such Trustee or beneficiary deems to be
still currently applicable that a person has
unaccountably absent, or is being detained under
or she is unable effectively and prudently to
or her own interests,
vent and under those circumstances:
person shall be deemed to have thereupon become
as that term is used in and for all of the
fs instrument,
incapacity shall be deemed to continue until such
bertificates, and/or circumstances have become
have been revoked, and
amed successor trustee shall immediately become
lcting with all the rights and powers described
aforesaid certificate may be revoked by a similar
the effect that that person is no longer thus
executed either (i) by the originally certifying
(ii) by two other licensed, board certified
Trustee shall be under any duty to institute any
person's possible incapacity, but the expense of
ry reasonably instituted may be paid from trust
nt for said inquiry refers both to a reasonable
the incapacity of such individual and to that
Ihe revocation of such a certificate.om
Section 204 Principal Invasion
During the life
Trust Estate be
or support of t
the Trustee's
benefit of the
Trust
discretion,
care,
section,
shall mean;
a) The providing of proper care,
for the Truston,
necessity;
Estate as
fro
maintenance or support of the Trustor.
the term "care, maintenance or support of the Trustor"
of the Trustor, should the net income of the
insufficient to provide for the care, maintenance
he Trustor as herein defined, the Trustee may, in
labsolute discretion, pay to or apply for the
Trustor, such amounts from the principal of the
the Trustee may, in the Trustee's absolute
time to time deem necessary or advisable for the
As used in this
maintenance and support
during any period of illness, or other want or
b) The maintenance of the Trustor in the manner of living
to which he is
Section 3
On the death o
accrued or und
the Trustee an
hocustomed on the date of this Declaration.
ARTICLE THREE
01 Provisions on Death of Trustor
the Trustor, the principal of the Trust and any
stributed new income from the Trust shall go to
4h the Trustee shall apply and distribute the net
income and principal of the Trust Estate as set forth herein.
Section 3
On the death o
income or prin
partly from the
her absolute
Trustor's last
estate or death
of any portion
the purposes o
absolute discr
have been made
02 Payment of the Death Expenses
lf Trustor, the Trustee shall pay either from the
tipal of the Trust or partly from the income and
principal of the Trust, as the Trustee in his or
Giscretion may determine, the expenses of the
illness, funeral, burial and any inheritance,
taxes that may be due by reason of the inclusion
of the Trust Estate in the Trustor's estate for
F any such tax, unless the Trustee in his or her
btion determines that other adequate provisions
for the payment of such expenses and taxes.o~
Section 3.03 Trust Income and Principal Distribution
On the death of the Trustor, the Trust shall terminate and the
Trustee shall, |as soon as reasonably possible, divide the net
income and prineipal remaining in the Trust into four (4) equal
shares and distribute them to the following beneficiaries:
RACY STEELE ESTES, ROBIN REE BELL,
= ANNA DUGAN AND SUNDRA SUZANNE SANCHEZ
JAMES PATRICK [BROMS AND RICHARD JAMES DUGAN ARE SPECIFICALLY
DISINHERITED
a) If ahy beneficiary, for whom 4 share of the Trust
Estate has been set aside, should die prior to the above
distribution, fhen the Trustee shall distribute all of such
deceased benefipiary’s share of the Trust Estate to her surviving
issue in equal|shares. If any issue are minors, the funds from
the Trust Estate shall be held in a bank, savings and loan,
credit union and/or money market fund to be used for their care,
welfare and college education. Any funds remaining shall be
distributed at Jjage 25. If there is no surviving issue, then all
of the deceased beneficiary’s share of the Trust Estate shall be
added to the shares set aside for the benefit of the Trustors'
other living beneficiaries, as hereinabove provided, including
proportionately both the distributed and the undistributed
portions of ea
of such other
b) If a
should die pri
of the Trust Es
be distributed
heirs. The i
heirs to be
h such share, to be distributed as an equal part
hares.
1 of the Trustor's beneficiaries outlined above
r to final distribution of the Trust Estate, all
tate not disposed of as hereinabove provided shall
to the persons who would then be the Trustor's
entities and respective shares of the aforesaid
determined in accordance with the intestate
succession laws of the State of California then in effect
relating to tha succession of separate property not acquired from
a predeceased spouse.ARTICLE FOUR
Section 4,01 Trustee Powers
The Trustee shall, with respect to any and all property which may
at any time be] held by the Trustee in trust pursuant to this
Declaration, whether such property constitutes principal or
accumulated income of any trust provided for in this Declaration,
have power, exdrcisable in the Trustee's absolute discretion at
any time and frjom time to time on such terms and in such manner
as the trustee may deem advisable, to:
repair, partition,
easements, or
a) Sell, conv
divide, allot,
other servitude
by, exchange, convert, improve,
subdivide, create restrictions,
& thereon, operate and control;
b) Lease for
provided for in
terms within or beyond the term of any trust
this Declaration and for any purpose, including
exploration for) and removal of gas, oil and other minerals; and
enter into any |covenants and agreements relating to the property
so leased or any improvements which may then or thereafter be
erected on such] property;
c) Encumber dr hypothecate for any trust purpose by mortgage,
deed of trust, pledge or otherwise;
d) Carry insdrance of such kinds and in such amounts at the
expense of the] trusts provided for in this Declaration as the
Trustee may deem advisable;
e) Commence or defend at the expense of any trust provided for
in this Declaration such litigation with respect to any such
trust or any property of the Trust Estate as Trustee may deem
advisable and amploy, for reasonable compensation payable by any
such trust, sugh counsel as the Trustee shall deem advisable for
that purpose;
£) So long as the original trustee or trustees are managing the
Trust, they may invest and reinvest in common or preferred
stocks, securities, investment trusts, bonds and other property,
real or personal, foreign or domestic, including any undivided
interest in any one or more common trust funds, whether or not
such investments be of the character permissible for investments
by fiduciaries
the effect any
of investments
in Mutual Fund
or not), inclu
Futures,
Chicago Board
Trade.
Commd
Trustee
under any applicable law, and without regard to
such investment may have upon the diversification
Trustees are specifically authorized to invest
5, Limited Partnerships, option accounts (covered
ing, but not limited to, Currency, Index, Stocks,
dities, Precious Metals, etc., traded on the
£ Trade or other nationally recognized Boards of
s expressly have the authority to trade on margin.g) Vote,
determine to be
in this Declara
by proxy or otherwise,
in such manner as Trustee may
in the best interests of the trust provided for
tion, any securities having voting rights held by
the Trustee purguant to this Declaration;
h) Pay any as
other security
Declaration;
i) Exercise dr not exercise,
subscription, ¢
any time attach,
trust pursuant
3) Participat
reorganization,
corporation or
the Trustee, oF
trust pursuant
securities with
Trustee may deem
protective or
any such plan o|
bessments or other charges levied on any stock or
held by the Trustee in trust pursuant to this
as Trustee may deem best, any
bnversion or other rights or options which may at
belong or be given instruments held by it in
to this Declaration;
b in any plans or proceedings for the foreclosure,
consolidation, merger or liquidation of any
organization that has issued securities held by
will issue securities to be held by Trustee in
to the terms of this Declaration, to deposit
and transfer title or securities on such terms as
in the best interest of the trusts to any
ther committee established to further or defeat
r proceeding;
k) Enforce amy mortgage or deed of trust or pledge held by
Trustee in tru
under any such
purchase
Declaration, an
1) Compromise}
consideration
against any tru
m) Distribute
of principal ox
Trustee, in his
n) Invest in
capitalizing on
3) Subject tp
Declaration an
obligations, td
exercise all s
or exercised by
p) So long a
Trustees hereuy
the trust in an
to (1) colle
securing asset
bank accounts;
and other prope
at the
st pursuant to this Declaration and at any sale
mortgage, deed of trust or pledge, to bid and
expense of any trust provided for in this
ly property subject to such security instrument;
, submit to arbitration, release with or without
nd otherwise adjust any claims in favor of or
Ist provided for in this Declaration;
gifts of up to $10,000.00 per year per donee out
interest or in any proportion of the two that the
sole discretion, deems advisable;
and guarantee a business or Trustee of the Trust
the business venture;
any limitations expressly
id faithful performance of
do all such acts,
set forth in this
Trustee's fiduciary
take all such proceedings, and
hch rights and privileges as could be done, taken
an absolute owner of the trust property; and
s both of the original Trustees are serving as
der, either of them shall have the power to bind
y and all transactions, including, but not limited
ting receipts; (2) paying disbursements; (3)
; (4) writing checks and making withdrawals from
(5) purchasing, selling and pledging securities
rty; and (6) exercising any power conferred on theTrustees pursua
the action of e
parties dealing
qa) The trustee is empowered to buy,
precigus metals,
options,
nature (inclu
transactions -
option
every nature,
commodities of
purpose to mai
straddles,
t to the terms of this Declaration of Trust, and
ther original Trustee may be relied upon by third
with those Trustees or either of them.
sell, trade and deal in
stocks, bonds and securities of all
“short” sales and speculative option
uncovered puts and calls, option spreads,
and commodities of
ing
dG.
and option combinations)
4nd contracts for the future delivery of
every nature on margin and otherwise; and for such
tain and operate margin and commodity accounts
with brokers; ahd in connection therewith to borrow money and to
pledge any and
contracts for the future delivery thereof,
bonds, securities, commodities and
held or purchased by
all stocks,
the trustee, ith such brokers as securities for loans and
advances made tp the trustee.
xr) The successor trustee has the authority to enter the safe
deposit box in
the Trust, and
Trustors' names, individually or as Trustees of
remove the contents thereof.
sh The trustae shall have the power to borrow money for any
trust purpose (jincluding from the probate estate for the purpose
of paying taxes)
deem proper fro
on such terms and conditions as the trustee may
m any person, firm or corporation;
t) The trustee is authorized to loan or advance trustee’s own
funds to any tr
purpose and to
lust provided for in this declaration for any trust
charge for such loan or advance to the trust;
u) The trustee is authorized to purchase securities or other
property from a
Ind to make loans and advancements from the probate
estate with or without security to the executor or other
representative pf the estate of either trustor; and
v) The trust¢e may hold securities or other property held by
trustee in tru
as trustee undgr this declaration,
a designation 5
the name of t
securities unr¢
pass by delivey
w) The trust
attorney form
bank;
x) Power to g
section 14006.4
implement medi
and accomplish
term health and
not limited ne
t pursuant to this declaration in trustee’s name
in trustee’s own name without
lhowing it to be trustee under this declaration, in
ustee’s nominee, or the trustee may hold such
gistered in such condition that ownership will
yi
be has the authority to execute
for any account held in trustors’
any power of
names in any
Ilbtain benefits under welfare and institutions code
: the trustee shall have the power to explore and
cal planning strategies and options and to plan
asset preservation in the event trustor needs long
nursing care, such planning shall include, but is
essarily to, the power and authority to: (1) makehome improveme
residence; (2)
on the trustors
one; (4) purcha
assets for estat
Section 4
The Trustee sha
purpose (includ
paying taxes)
deem proper frq
power to borrow
provided for in|
any of them, 4
borrowed money.
Section 4
The Trustee is
to any trust
purpose and tq
interest that T
would have char
not connected
value of the py
together with t
be a first lien
loan or advanc¢
principal of 5s
appears for
beneficiaries.
Section 4
The Trustee ij
property from a
hts and additions to the trustors, family
ay off partly or in full the encumbrance, if any
, family residence, if the trustor does not own
e@ a more expensive family home; (5) make gifts of
e planning purposes.
02 Power to Borrow
ll have the power to borrow money for any trust
ling from the probate estate for the purpose of
n such terms and conditions as the Trustee may
m any person, firm or corporation, including the
money on behalf of one trust from any other trust
this Declaration, and to obligate the trusts, or
rovided for in this Declaration to repay such
03 Power to Loan to Trusts
authorized to loan or advance Trustee's own funds
rovided for in this Declaration for any trust
charge for such loan or advance the rate of
rustee, at the time such loan or advance is made,
ged had such loan or advance been made to a person
ith such trusts having a net worth equal to the
lincipal of such trust. Any such loan or advance,
he interest accruing on such loan or advance shall
against the principal of the Trust to which such
is made and shall be repaid from the income or
uch trust as in the discretion of the Trustee
the best interests of such trust and its
.04 Purchase of Securities
ls authorized to purchase securities or other
Ind to make loans and advancements from the Probate
Estate with or without security to the executor or other
representative jof the estate of Trustor.
Section 4.05 Manner of Holding Title
The Trustee may
in trust purs
Trustee under
designation shq
the name of TJ
securities unre
by delivery.
hant to this
irustee's nominee,
hold securities or other property held by Trustee
Declaration in Trustee's name as
his Declaration, in Trustee's own name without a
wing it to be Trustee under this Declaration, in
or the Trustee may hold such
gistered in such condition that ownership will paySection 4.)06 Expense and Proceeds Allocation
Except as othezwise specifically provided in
the Trustee sha
or incurred by
in this Declara
in the manner
principal of 4
Revised Uniform
this Declaratio
Section 5
a) At a
trust hereundey
distribute to
beneficiary of
assets
classified as
Trustee, in h
advisable in
generally.
b) To re
paying them,
then held by
this Declaration,
1 allocate all receipts and expenditures received
Trustee in administering the trusts provided for
ion to the income or principal of each such trust
provided in this Declaration to the income or
Ech such trust in the manner provided by the
Principal and Income Act in effect on the date of
in the State of California.
ARTICLE FIVE
01 Coordination with Trustor's Probate
Estate
y time during the continuance of the original
and after the Trustor's death, its Trustee may
the deceased Trustor's probate estate, as a
lsuch trust, cash and/or other property out of any
such trust, including any which are
bostdeath trust income, to whatever extent such
s/her sole and uncontrolled discretion, deems
the best interest of Trustor's beneficiaries
lieve Trustor's probate estate from the burden of
Any estate, inheritance, succession, or other
similar death taxes which may be imposed as a result of Trustor's
death, as wel as funeral, last illness, and administrative
expense, debts, and other proper charges against Trustor's
estate, may at|any time be paid out of any assets then held by
the original ty
as postdeath ty
eriginal Trust
discretion, depms
ust hereunder, including any which are classified
ust income, to whatever extent the Trustee of the
hereunder, in his/her sole and uncontrolled
advisable and in the best interest of the
Trustor's benefliciaries generally.
) All
notwithstanding
proceeds, as
indirectly (i)
executors or Tirustor's probate estate or
obligations of
means:
x) All
or similar benefits which are received or receivable by
accounts,
any Trustee hg
“other than t
excluded from
other provisions hereof to
, under no circumstances shall any restricted
hereinafter defined, be either directly or
distributed to or for the benefit of Trustor's
(ii) used to pay any
The term "restricted proceeds"
the contrary
Trustor's estate.
qualified plans, individual retirement
reunder which,
e executor"
Trustor's
if paid solely to a beneficiary
of the Trustor's estate, would be
gross estate for federal estate taxpurposes under | Section 2039 of the Internal Revenue Code in
affect at Trustgr's death; and
2) 411 proceeds of insurance on Trustor's life which,
if paid to a beneficiary other than Trustor's estate, would be
exempt from inheritance or similar death taxes under applicable
state death tax|laws.
However, the term "restricted proceeds" shall not include any
qualified plan pr similar death benefits which would not in fact
be excluded frpm Trustor's gross estate under the applicable
subsection of |Section 2039 even though such benefits were
receivable by @ beneficiary other than Trustor's executor nor
shall it include any life insurance proceeds which would be
subject to no |jgreater state or federal death tax should this
restriction not| exist.
Section 5,02 Direction to Minimize Taxes
In the adminigtration of the trust hereunder, Trustee shall
exercise all tax related elections, options, and choices which
Trustee has, i such manner as Trustee, in Trustee's sole but
reasonable judgment (where appropriate, receiving advice of tax
counsel), believes will achieve the overall minimum in total
combined preseyt and reasonably anticipated (but appropriately
discounted) future administrative expenses and taxes of all
ar kinds, upon not] only such trust but also its beneficiaries, the
other trusts Wereunder and their beneficiaries and Trustor's
probate estate Without limitation on the generality of the
foregoing dire¢tion (which shall to that extent supersede the
usual fiduciary) duty of impartiality), such fiduciaries shall not
be accountable] to any person interested in any trust or in
Trustor's estate for the manner in which they shall carry out
this direction |to minimize overall taxes and expenses (including
any decision they may make not to incur the expense of detailed
analysis of alternative choices) and, even though their decisions
in this xregand may result in increased tax or decreased
distribution tb a trust, to the estate, or to one or more
beneficiaries, | there shall in no event be any compensation
readjustments jor reimbursements between any of the trusts
hereunder or any of the trust or estate accounts or beneficiaries
by reason of the manner in which the fiduciaries thus carry out
said direction.
ARTICLE SIX
Section 6|.01 Incontestability
The beneficial| provisions of this instrument (and of Trustor's
Last Will and Testament) are intended to be in lieu of any other
a rights, claimg, or interest of whatsoever nature, whether
statutory or otherwise, except bona fide pre-death debts, which
any beneficiary hereunder may have against or in Trustor's estate
ior
beneficiary he
enforceable debt
against or in T
of this trust,
said Will, or d
into question,
of this instrum
a) such
and all benefic
such beneficiar
the interests 0
increased and/o.
the propert
lies in trust hereunder. Accordingly, if any
reunder asserts any claim (except a legally
), statutory election, or other right or interest
ustor's estate, Trustor's Will, or any properties
ther than pursuant to the express terms hereof or
rectly or indirectly contests, disputes, or calls
before any court, the validity of any provisions
ent or of said Will, then;
beneficiary shall thereby absolutely forfeit any
jary interests of whatsoever kind and nature which
y might otherwise have under this instrument and
f the other beneficiaries shall be proportionately
r advanced.
b) All of the provisions of this instrument, to the extent
that they confqr any benefits, powers, or right whatsoever upon
such claiming,| electing, or contesting beneficiary, shall
thereupon becom
Ss) Such
then acting as
be a Trustee an
remove, or beco}
The foregoing
appearance of
involving this
beneficiary's al
for the constru
Section 7
Whenever the r
income or pring
shall terminat«
accrued net in
on the date of
distributed by
had accrued and
beneficiary's
terminated.
Section 7
A Trustee shal
compensation f
shall be reimb
administering 4
e absolutely void and revoked, and
‘claiming, electing, or contesting beneficiary, if
la Trustee hereunder, shall automatically cease to
i shall thereafter be ineligible either to select,
me a Trustee hereunder.
shall not be construed, however, to limit the
lany beneficiary as a witness in any proceeding
instrument or said Will not to limit any
ppearance in any capacity in any proceeding solely
tion of either of said documents.
ARTICLE SEVEN
.01 Accrued Income
Beneficial Interest
on Termination of
ight of any beneficiary to payments from the net
ipal of any trust provided for in this Declaration
either by reason of death or other cause, any
ome from such trust undistributed by the Trustee
such termination shall be held, administered and
the Trustee in the same manner as if such income
been received by the Trustee after the date such
right to receive payments from such trust
.02 Periodic Accountings
1 be entitled to pay himself/herself reasonable
rom time to time without prior court order and
lirsed for all out-of-pocket expenses incurred in
he Trust.During the lif@time of the Trustor,
only to the Set
and conclusive
account as to
and contingent
the Trustee sha
less frequentl
regarding the
instrument.
Accountings sha
each beneficiar
there are no c
the Trustee shall account
tlor, and his/her written approval shall be final
in respect to transactions disclosed in the
1l beneficiaries of the trust, including unborn
Ilbeneficiaries. After the death of the Trustor,
hl render an accounting from time to time but not
than annually after any prior accounting
transactions of any trust created in this
ll be made by delivering a written accounting to
entitled to current income distribution, or if
lirrent income beneficiaries, to each beneficiary
entitled to cuyrent distribution out of income or principal in
the Trustee's discretion.
accounting is 4
If any person entitled to receive an
minor or is under a disability, the accounting
shall be delivered to his parents or the guardian of his person
if he is a mino
if he is under
lr or to the guardian or conservator of his person
any other disability. Unless any beneficiary,
including parents, guardians or conservators of beneficiaries,
shall deliver
(60) days afte
shall be final
disclosed in t
including unbd
settlement of 4
to itdor by £
Trustee shall n
including unboyx
transactions di
intentional wro|
h written objection to the Trustee within sixty
tf receipt of the Trustee's account, the account
and conclusive in respect to the transactions
e account as to all beneficiaries of the trust
rn and unascertained beneficiaries. After
he account by agreement of the parties objecting
e expiration of the sixty (60) day period, the
b longer be liable to any beneficiary of the trust
nm and unascertained beneficiaries, in respect to
Isclosed in the account, except for the Trustee's
ngdoing or fraud.
ARTICLE EIGHT
Section 8.01 Distribution in Kind or Cash
On any division
partial shares
assets of the
Declaration, th
and distribute
undivided intey
of such assets
partly in cash
either prior
assets, as to
of the Trust Eg
shall be bindi
trust provided
of the assets of the Trust Estate into shares or
and on any final or partial distribution of the
Trust Estate or any trust provided for in this
ie Trustee, in its absolute discretion, may divide
such assets in kind, may divide or distribute
ests of such assets, or may sell all or any part
and make division or distribution in cash or
and partly in kind. The decision of the Trustee,
o er on any division or distribution of such
hat constitutes a proper division of such assets
tate or any trust provided for in this Declaration
g on all persons in any manner interested in any
for in this Declaration.Section 8,
The terms "chil
the lawful iss
adopted by the
Section 8
Except as othey
beneficiary of
have any right
hypothecate his
such trust in
beneficiary be
liable to attac'
Section 9
The following
succession:
FIRST:
SECOND:
SUZANNE SANCHEZ
02
, powe
execution or other process of Law
nor shal
ARTIGLE NINE
01 Trustees
L
Definition of Children
03 Spendthrift Provision
such
STEELE ESTES shall act as anternate Trustee.
THIRD:
with a parent
provided, howey
Section 1
In any event
notwithstanding,
terminate upon
one (21) years
issue now livi
previously tert
in this paragra
as it shall the
the beneficiar
Estate in the g
income.
ng.
ph,
er,
After
that
have collectively only on
\
vote.
ARTICLE TBN
and anvthing to the
the crusts created
the da
in
this
interest
\
Ihe unJersigned, SUZAMNE P. POWERS.
At the aaath or incapacity of the Trustor,
and ROBIN REE BELL shall act as Co-Trustees.
the event either Trustee is unable to serve for any reason.
A trustee chhseh, by the majority of beneficiayies
x legal guacdiaN voting for minor beneficia
ye iss’e of any deceased child §
0.01 Pexpetuities Savings Clause
agreement
" and "children" as used in this Declaration mean
le of the Trustor and include children legally
rustor.
wise expressly provided in this Declaration, no
lany trust provided for in this Declaration shall
r or authority to alienate,
or her interest in the pr
any manner,
subject to claims of his or her creditors or
hment,
encumber (jor
incipal or incombircf
of. any
\
NLL act as Trustee’ iw the following otddy 6f
SUNDRA
In
TRACY
ies
all
contrary herein contained
shall
next preceding the expiration of twenty—
the death of the undersigned and his/her
In the event these trusts shall not have
inated in accordance with the terms provided for
the Trustee shall distribute the Trust Estate
n be constituted, together with any net income, to
kes then entitled to the income from the Trust
ame proportions in which they are entitled to suchSection 1]
tt
shall necessari
trusts hereunde
a
validity of th
governed by thi
connection with
b)
instrument and
be governed by
under that trus
the case of t
designated in t
appointment her
<) The
governed by th¢
being administe
of the Trustee
assets and rec
jurisdiction o
to any period dj
state.
The foregoing
assets or the
at some time or
Section 1
Should any pro
unenforceable,
be and continue
Section 1
Any successor
all title of 4%
rights, discret
this Declaratig
I CERTIFY THAT:
Es I have rea
2
The foreg
terms and cond
managed, admini
is not inte
The vy
The qeaRtAy and eff
bing Declaration of trust correctly
ARTICLE ELEVEN
.01 Governing Law
hded that the law of only one particular state
ly govern all questions pertaining to all of the
Rather;
klidity of the trust hereunder, as well as that
particular provisions of that trust, shall be
laws of whatever state having any sufficient
such trust will support such validity.
ect of the terms of this trust
of any other trust instrument related hereto shall
the laws of the state in which the initial trust
tt instrument was created, that is, California in
his instrument and such other state as may be
Ihe governing instrument of any trust receiving an
punder.
administration of the trust hereunder shall be
laws of the state in which that trust is then
red (based on the location of the principal office
then having custody of that Trust's principal
rds), which state's courts shall have exclusive
ier that administration of the trust with respect
liring which it was thus being administered in that
bhall apply even though the situs of some trust
ome of the Trustor, a trustee, or beneficiary may
times be elsewhere.
1.02 Invalidity of any Provision
ision of this Declaration be or become invalid or
Ithe remaining provisions of this Declaration shall
to be fully effective.
1.03 Successor Trustees
Trustee taking office shall forthwith succeed to
he prior Trustee and shall have all the power,
dons and obligations conferred on such Trustee by
nm.
id the foregoing Declaration of Trust;
states the
tions under which the Trust Estate is to be held,
stered and disposed of by the trustee; and,
15om
3 ¥
approve
such Declaration of Trust, I approve and accept
the trust provided for in such Declaration.
EXECUTED ON THIS
MW 5
on
~SUZANN
SO
|» CALIFORNIA.
DAY OF Neaember’ _, 2000, AT
C ()
ana e \ OUEXL TRUSTEE
E P. POWERS
a} ac
si D Ue ntraaV Vittvte reustor
SUZANNE P. POWERS
STATE OF CALIFORNIA )
ds
county or QC0NVEE)
4
on DECENL bi Dd, 00D serore we, /(MUAWGtE_ On (CLESLA_, PERSONALLY APPEARED SUZANNE P.
POWERS
PERSONALLY KNOWN TO ME OR
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
TO BE THE PERSON WHOSE| NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED THAT Hit/SHE
EXECUTED THE SAME IN H#8/HER AUTHORIZED CAPACITY, AND THAT BY HES/HER SIGNATURE ON THE INSTRUMENT
‘THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.EXHIBIT Bmae Daemon one = SER
i
COUNTY OF RIVERSIDE
RIVERSIDE, CALIFORNIA
3082020177070 CERTIFICATE OF DEATH 3202033011561
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25290 FOREST WOOD CIRCLE
Tony a. OT ORTNCE TEP OE BC YOREW CONT [2 STATETOREONCONTRT
MENIFEE RIVERSIDE 92584 20 CA
TRACY GREER, DAUGHTER BESS EORES POSS CIRCLE, MENIFEE. CA 38
Preview
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7 28 Electronically FILED by Superior Court of California, County of Riverside on 03/23/2022 05:22 PM Case Number CVRI2201176 0000016855911 - W. Samuel Hamrick Jr., Executive Officer/Clerk of the Court By Brigit Prado, Clerk Jerome D. Stark, PC; SBN 67663 540 N. Golden Circle Dr., Ste. 203 Santa Ana, California 92705 Telephone 714-558-8014 Facsimile: 715-558-8015 Attorney for Plaintiffs, Tracy Steele Greer, an individual and as the Successor Trustee of the Suzanne Powers Revocable Trust Dated May 7, 1992 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE (UNLIMITED JURISDICTION) TRACY STEELE GREER, an ) CASENO.: CY RI2201176 individual and as the Successor Trustee ) of the Suzanne Powers Revocable Trust) Dated May 7, 1992, ) VERIFIED COMPLAINT FOR: ) 1. CONSTRUCTIVE FRAUD ) 2. CONVERSION ) 3. FRAUD; and Plaintiff, ) 4. QUIET TITLE vs ) JAMES PATRICK BROMS, an ; individual; and DOES 1-10, inclusive ) ) ) ) Defendants. ) ) Plaintiff alleges: ls Plaintiff, TRACY STEELE GREER, is an individual, and as the Successor Trustee of the Suzanne Powers Revocable Trust Dated May 7, 1992 (“Trust”) is now, and at all times mentioned in this Complaint was a resident of the County of Riverside, State of California. a TERTIETEN COMPTATNT10 iL iz 13 14 15 16 17 18 1 20 21 22 23 24 25 26 a? 28 2. Defendant, JAMES PATRICK BROMS (“Broms”), an individual, is a son of the Plaintiff, is now, and at all times mentioned in this Complaint and is now, and at all times mentioned in this Complaint a resident of the County of Riverside, State of California. Be Plaintiff does not know the true names of defendants DOES 1 through 10, inclusive, and therefore sues them by those fictitious names. Plaintiff is informed and believes, and on the basis of that information and belief alleges, that each of those defendants was in some manner legally responsible for the events and happenings alleges in this Complaint and for Plaintiff's damages. The names, capacities and relationships of DOES 1 through 10 will be alleged by amendment to this Complaint when they are known. FACTS COMMON TO ALL CAUSES OF ACTIONS 4, Suzanne P. Powers (“Powers) created the Trust. A true and correct copy of the Suzanne P. Powers Revocable Trust Dated May 7, 1992 attached hereto and incorporated herein by reference as Exhibit “A”. Suzanne died on August 3rd, 2020; a true and correct copy of a certified copy of death certificate is attached hereto and incorporated herein by reference as Exhibit “B”. a Powers transferred the Subject Property (“Subject Property”) to the Trust on or after December 20, 2000. The Subject Property is located at 25290 Forest Wood Circle, Menifee,| CA 92584. The Subject Property is described at the Clerk Office Book in Riverdale County as: “Lot 62 of Tract 28754-1, as per Map recorded in Book 292, Page 70 through 73, inclusive, of Maps filed in the Office of County Recorder of Riverside County, State of California.” 2 VERIFIED COMPLAINT10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 ae 28 A true and correct copy of the legal description of the Subject Property is attached hereto and incorporated herein by reference as Exhibit “C”. Plaintiff, the daughter of Powers, amongst her other siblings, was the primary kin to Powers who assisted and took care of her in her later years. Subsequently, on May 4", 2019, Powers made Plaintiff the sole beneficiary of the Trust by amending the Suzanne P. Powers Revocable Trust Dated May 7, 1992. A true and correct copy of the Amendment to the Trust is attached hereto and incorporated herein by reference as Exhibit “D”. Therefore, upon Suzanne P. Powers’ death, Plaintiff, as the sole beneficiary of her mother’s Trust became the owner of the Subject Property. 6. The Subject Property was encumbered by Powers with a reverse mortgage prior to conveying the Subject Property to the Trust. q Plaintiff, is the Successor Trustee to the Trust and the sole beneficiary. Plaintiff is suing Broms in her individual capacity and, as the Trustee and sole beneficiary of the Trust which holds title to the Subject Property. 8. Plaintiff, transferred by a Grant Deed (“Deed”) title to the Subject Property to Broms on or about February 2, 2021 with the agreement and understanding that Broms would refinance the Subject Property to pay off the reverse mortgage. Brom was to occupy the Subject Property; however, if the Subject Property were sold, she would receive a payment of a percentage of the equity in the Subject Property equal to $210,000.00, sell the Subject Property and give his mother, Plaintiff, the $210,000.00. A true and correct copy of the Grant Deed is 3 VERIFIED COMPLAINT10 11 12 14 45. 16 17 19 20 21 22 23 24 25 26 27 28 attached hereto and incorporated herein by reference as Exhibit “E”. Broms, after taking the title, procured a refinance loan and paid off the reverse mortgage. 9. The verbal agreement by and between Greer and Broms concluded that Broms would own and live on the Subject Property with the agreement and condition that the $210,000 of the proceeds from the sale of the Subject Property would be given to his mother, Plaintiff, in the event Broms decided to leave the Subject Property. 10. Plaintiff is informed and believes, thereon alleges that Broms is in the process of selling the Property and then leaving the State of California; without paying the promised $210,000 and not informing Plaintiff about the location he is moving other than in Chicago area. ty Plaintiff is informed and believes that Broms is selling the Subject Property and keeping the full balance of the proceeds, thereby breaching the verbal representation and the agreement to pay $210,000 from the proceeds of the sale of said Subject Property. Plaintiff has discharged her duties with regard to the verbal agreement by transferring the Deed to Broms. FIRST CAUSE OF ACTION: CONSTRUCTIVE TRUST BASED os FRAUD AND BREACH OF FIDUCIARY TY 12. Plaintiff realleges Paragraphs 1 through 11 of this Complaint, and by this reference, incorporate the same as though fully set forth at length herein. 13. On or about February 2, 2021, when the Subject Property was transferred to Broms, Plaintiff was promised to be given $210,000 from the proceeds of the sale of the Subject Property. Defendant had no place to live at the time of the conveyance of the title. Plaintiff, agreed to give the title and right to possess the Subject Property on the condition the payment of the agreed amount at the time of the sale of the Subject Property and Broms was to keep the 4 VERIFIED COMPLAINT10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 27 28 balance left from the sale of the Subject Property. Broms held the title as seen in the Grant Deed and had no intentions to give the $210,000 to Plaintiff at the time of transfer. 14. Broms made a false representation to Greer regarding a material fact to the agreement at the time of the transfer with the intent to deceive and induce Plaintiff to transfer the Deed of Property to him, free of charge. Deceit may consist of a promise, made without any intention of performing it [see Civ. Code § 1710(4)], and such promise is actionable of the other party relies on it as an inducement [Brockway v. Heilman (1967) 250 Cal. App. 2d 807, 811, 58 Cal. Rptr. 772]. He informed Greer that he does not intent to give the agreed amount of money to| her. 15. Plaintiff fully discharged her duties regarding to the agreement with reliance to the promise. Plaintiff gave up the title to the Subject Property to Broms relying to their fiduciary relationship. Broms in fact, took the title as trustee for Plaintiff with the fiduciary duty to refinance and pay off the loan; and then give the agreed amount of money to the Plaintiff. 16. Broms is in the process of moving out from the house and attempting to sell the Subject Property to keep the balance for himself. Plaintiff is informed and believes and thereon alleges that Broms is moving out of the State of California without any intention to keep his promise. 1%: Broms had a fiduciary duty to his mother, who helped him with his sheltering needs, to be honest and truthful to his word; and to pay $210,000 to Plaintiff for the Subject Property Plaintiff transferred to him for free of charge provided he refinance the Subject Propert to pay off the reverse mortgage. By virtue of their relationship both as parent-child, and settlor- trustee of a constructive trust, Broms had a duty to act with utmost good faith when dealing with transactions by and between Plaintiff. 5. VERIFIED COMPLAINT10 it 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 18. Constructive fraud as actionable even though material misstatements are made without the intent to deceive [see Cardozo v. Bank of America (1953) 116 Cal. App. 2d 833, 839, 254 P.2d 949] 19. Plaintiff indeed relied on Broms’ representation for the agreement to pay the $210,000 when she transferred the title to Broms. Plaintiff executed and delivered the Deed to Broms with the reliance he would pay him the agreed amount at the time of sale of Subject Property. Therefore, Plaintiff will be damaged in the amount of at least $210,000 in case the sale is occurred. 20. By reason of all the ongoing facts, Plaintiff is entitled of a constructive trust upon Broms’ interest in the Real Property; and an order that Plaintiff's interest in the Subject Property to be conveyed to Plaintiff; or a declaratory judgment that Broms has forfeited all rights, title and interest in the property and; that Plaintiff is the sole owner of said Subject Property. SECOND CAUSE OF ACTION: CONVERSION 21. Plaintiff realleges Paragraphs | through 20 of this Complaint, and by this reference, incorporate the same as though fully set forth at length herein. 22; Broms took title to the Subject Property as a trustee for the benefit of his mother Plaintiff, with an oral agreement to give $210,000 of the proceeds of the Subject Property to Plaintiff. 23. Brooms made it clear that he took title as a trustee at the time of the transfer, and informed Plaintiff later, on the process of moving that he does not intent to give the agreed amount to Plaintiff once the sale is finalized, and will be moving to a location that is out of the state, unknown to Plaintiff. 6 VERIFIED COMPLAINT10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. Plaintiff demanded the Defendant to cease the sale or give her a warranty for the agreed upon proceeds, knowing Defendant is being relocated to an unknown, out-of-state location. 25. Defendant rejected to giving Plaintiff any information about the escrow process ofj the sale and the information on the new intended dwelling. Defendant did not cease to sell the Subject Property with intention to keep all the balance. 26. As a result of foregoing, Defendant has converted the Plaintiff’s real property and intended on converting it to his own usage, and unfair profit. 27. As a proximate cause of the conversion of Plaintiff's property, Plaintiff has been denied the usage and profits, and thereof, has been precluded from potentially liquidating the Subject Property and thereby been damaged in an amount of at least $210,000. 28. The acts of the Defendant were willful, wanton, malicious and oppressive, and justify the awarding of exemplary and punitive damages in an amount that the Court find just. THIRD CAUSE OF ACTION: FRAUD 30. Plaintiff realleges Paragraphs | through 28 of this Complaint, and by this reference, incorporate the same as though fully set forth at length herein. 31. Broms made a false representation on a material fact, which is the consideration of the title of said Subject Property when entering into an oral agreement with Plaintiff. Plaintiff is informed and believes that Broms had no intentions to give the $210,000 of the proceeds from the sale of Subject Property. 32. An intent to induce Plaintiff to alter his or her position can be inferred from the fact that Defendant made the representation with knowledge that Plaintiff would act in reliance on it. [Gagne v. Bertran (1954) 43 Cal. 2d 481, 488, 275 P. 2d 15; Eddy v. Sharp (1988) 199 Cal. 4 VERIFIED COMPLAINT10 11 12 13 14 15 16 LT 18 19 20 21 22 23 24 25 26 27 28 App. 3d 858,864, 245 Cal. Rptr. 211] Broms did or could reasonably presume that Plaintiff would act in reliance on his misrepresentation. 33. Plaintiff, in fact, has been induced and relied on Brom’s false representations when transferring the title of Subject Property to Broms. 34. Defendant intended to deceive by his misrepresentation and breached his legal and equitable duty, trust and confidence that caused Plaintiff damages of at least $210,000. Plaintiff justifiably relied on her son’s promise and gave up on her legal title. Although she did not give up on her equitable title, Defendant is in the process of selling, and disposing the real Property which is a denial of Plaintiff's rights. 35. The aforementioned conduct of the Defendant was an intentional misrepresentation, deceit, or concealment of a material fact known to Broms and caused damages to Plaintiff, 36. As aresult of acts of Defendant, Plaintiff is entitled to damages resulted by misrepresentation and punitive damages according to proof. FOURTH CAUSE OF ACTION: UIET TITLE 37. Plaintiff realleges Paragraphs 1 through 36 of this Complaint, and by this reference, incorporate the same as though fully set forth at length herein. 38. Plaintiff seeks to quiet title of the Subject Property and seeks a court order vesting} the Subject Property as an asset of the Trust. WHEREFORE, Plaintiff seeks: 1. Damages for Construct Fraud according to proof of $210,000.00; 8 VERIFIED COMPLAINT2. Damages for the conversion of assets according to proofy 3. Damages for Fraud according to proof; together with punitive damages: 4. Plaintiff seeks quiet title to the Subject Property and seeks a court order that the Subject Property shall become an asset of the Trust; and 5. For such other and further remedies that are just and proper, including court costs. JEROME D. STARK, PC Dated: March 21, 2022 By ae oe Stark, Esq.. Attorney for Plaintiff 8 VERLEIED COMPLAINTEXHIBIT A——— miter 33a a SES Pcs REVOCABLE TRUST OF SUZANNE P. POWERS SUZANNE P. POWERS, a resident of the State of California, County of Orange, entiered into a Declaration of Trust known as the “SUZANNE P. PO now hereby am entirety as her Section 1 All property he the trustee to is herein cal administered, 4 Declaration of Section 1 a) The POWERS. Section 1 SUZANNE P. F Section 1 At any time du Trustee, in Tr possible tax cq ERS REVOCABLE TRUST DATED MAY 7, 1992.” Trustor nds said Trust by restating the same in its ein set forth. ARTICLE ONE 01 Trust Estate lreafter transferred or conveyed to and received by be held pursuant to the terms of this instrument led the "Trust Estate" and shall be _ held, Ind distributed by the Trustee as provided in this [Trust. .02 Meaning of Words term "Trustor" shall refer to SUZANNE P. -03 Trustee Designation IOWERS is hereby designated Trustee. .04 Additions to Trust Properties ring the continuance of any trust hereunder, ces stee's sole discretion after consideration of the sequences thereof to all concerned, is authorized to receive additions of cash or other properties to such trust, subject to any any source wha or otherwise. conditions to which such Trustee may agree, from soever without limitation, whether by gift, will,| | | | o” Section 1 At any time du duly executed i a) Amend provisions) in b) Revok 05 Amendment and Revocation ring the life of the Trustor, Trustor may, by a strument; technical ‘A-SIN(X) this trust agreement any manner and/or (including its b this trust agreement in part or in whole, in which latter event any and all trust properties shall forthwith revert to suc Trustor free of trust. Such instrument of amendment or rd@vocation shall be effective immediately upon its proper executiog by a trustee, responsibility such instrumen provisions of instrument. Section 2 During the lif annually unless or apply for t In by Trustor, but until a copy has been received that Trustee shall not incur any liability or either (i) for failing to act in accordance with t or (ii) for acting in accordance with the this trust agreement without regard to such ARTICLE TWO 01 Trust Income e of the Trustor, the Trustee shall at least otherwise directed by Trustor in writing, pay to e benefit of Trustor, all of the net income from the Trust Estate. Section 2 During the Jl incapacitated a in the Trustee' a) Pay monthly or othe b) Apply thereof, of the absolute discre Trustor. ce) Decla istor to exey ithdrawal of a of competent disappearance the entire net constitutes 02 Protection of Trustor in Incapacity Event of life of the Trustor, should Trustor become is defined in Section 2.03 below, the Trustee may, is discretion; income of the Trust Estate in r convenient installments to the Trustor, or such portion of the net income, up to the whole Trust Estate as the Trustee may deem in Trustee's tion reasonable and proper for the benefit of the re void and without effect, any attempt by the cise the reserved rights of revocation, amendment, ssets, control over Trustee, etc., unless a court jurisdiction determines otherwise or Trustor's incapacity. During any period of Trustor's incapacity, this Trust is irrevocable and unamendable. ~Section 2,03 Incapacity In the event th into possession a) A cou to be jurisdict holding a perso own behalf or a b) Duly certificates at licensed physicians certified by a such physician reason of accident, such person had rationally and interests, or i) | Evide creditable and disappeared, is duress where h look after his Then, in that e a) Such incapacitated, purposes of thi b) Such court order, inapplicable or c) The the Trustee, a herein. Any physician's certificate to incapacitated, physician or physicians. Nd inguiry into a any such ingquil assets. Payme: inquiry as to inquiry as to t At any trustee or any beneficiary hereunder comes of any of the following: t order, which such Trustee or beneficiary deems Honally proper and still concurrently applicable, h to be legally incapacitated to act in his or her jointing a guardian to act for him or her, or executed, witnessed, acknowledged written least one of which is then unrevoked, of two (each of whom represents that he or she is recognized medical board), each certifying that has examined a person and has concluded that, by or mental deterioration, or similar cause, at the date thereof, become incapacitated to act prudently in his or her own financial best hce which such Trustee or beneficiary deems to be still currently applicable that a person has unaccountably absent, or is being detained under or she is unable effectively and prudently to or her own interests, vent and under those circumstances: person shall be deemed to have thereupon become as that term is used in and for all of the fs instrument, incapacity shall be deemed to continue until such bertificates, and/or circumstances have become have been revoked, and amed successor trustee shall immediately become lcting with all the rights and powers described aforesaid certificate may be revoked by a similar the effect that that person is no longer thus executed either (i) by the originally certifying (ii) by two other licensed, board certified Trustee shall be under any duty to institute any person's possible incapacity, but the expense of ry reasonably instituted may be paid from trust nt for said inquiry refers both to a reasonable the incapacity of such individual and to that Ihe revocation of such a certificate.om Section 204 Principal Invasion During the life Trust Estate be or support of t the Trustee's benefit of the Trust discretion, care, section, shall mean; a) The providing of proper care, for the Truston, necessity; Estate as fro maintenance or support of the Trustor. the term "care, maintenance or support of the Trustor" of the Trustor, should the net income of the insufficient to provide for the care, maintenance he Trustor as herein defined, the Trustee may, in labsolute discretion, pay to or apply for the Trustor, such amounts from the principal of the the Trustee may, in the Trustee's absolute time to time deem necessary or advisable for the As used in this maintenance and support during any period of illness, or other want or b) The maintenance of the Trustor in the manner of living to which he is Section 3 On the death o accrued or und the Trustee an hocustomed on the date of this Declaration. ARTICLE THREE 01 Provisions on Death of Trustor the Trustor, the principal of the Trust and any stributed new income from the Trust shall go to 4h the Trustee shall apply and distribute the net income and principal of the Trust Estate as set forth herein. Section 3 On the death o income or prin partly from the her absolute Trustor's last estate or death of any portion the purposes o absolute discr have been made 02 Payment of the Death Expenses lf Trustor, the Trustee shall pay either from the tipal of the Trust or partly from the income and principal of the Trust, as the Trustee in his or Giscretion may determine, the expenses of the illness, funeral, burial and any inheritance, taxes that may be due by reason of the inclusion of the Trust Estate in the Trustor's estate for F any such tax, unless the Trustee in his or her btion determines that other adequate provisions for the payment of such expenses and taxes.o~ Section 3.03 Trust Income and Principal Distribution On the death of the Trustor, the Trust shall terminate and the Trustee shall, |as soon as reasonably possible, divide the net income and prineipal remaining in the Trust into four (4) equal shares and distribute them to the following beneficiaries: RACY STEELE ESTES, ROBIN REE BELL, = ANNA DUGAN AND SUNDRA SUZANNE SANCHEZ JAMES PATRICK [BROMS AND RICHARD JAMES DUGAN ARE SPECIFICALLY DISINHERITED a) If ahy beneficiary, for whom 4 share of the Trust Estate has been set aside, should die prior to the above distribution, fhen the Trustee shall distribute all of such deceased benefipiary’s share of the Trust Estate to her surviving issue in equal|shares. If any issue are minors, the funds from the Trust Estate shall be held in a bank, savings and loan, credit union and/or money market fund to be used for their care, welfare and college education. Any funds remaining shall be distributed at Jjage 25. If there is no surviving issue, then all of the deceased beneficiary’s share of the Trust Estate shall be added to the shares set aside for the benefit of the Trustors' other living beneficiaries, as hereinabove provided, including proportionately both the distributed and the undistributed portions of ea of such other b) If a should die pri of the Trust Es be distributed heirs. The i heirs to be h such share, to be distributed as an equal part hares. 1 of the Trustor's beneficiaries outlined above r to final distribution of the Trust Estate, all tate not disposed of as hereinabove provided shall to the persons who would then be the Trustor's entities and respective shares of the aforesaid determined in accordance with the intestate succession laws of the State of California then in effect relating to tha succession of separate property not acquired from a predeceased spouse.ARTICLE FOUR Section 4,01 Trustee Powers The Trustee shall, with respect to any and all property which may at any time be] held by the Trustee in trust pursuant to this Declaration, whether such property constitutes principal or accumulated income of any trust provided for in this Declaration, have power, exdrcisable in the Trustee's absolute discretion at any time and frjom time to time on such terms and in such manner as the trustee may deem advisable, to: repair, partition, easements, or a) Sell, conv divide, allot, other servitude by, exchange, convert, improve, subdivide, create restrictions, & thereon, operate and control; b) Lease for provided for in terms within or beyond the term of any trust this Declaration and for any purpose, including exploration for) and removal of gas, oil and other minerals; and enter into any |covenants and agreements relating to the property so leased or any improvements which may then or thereafter be erected on such] property; c) Encumber dr hypothecate for any trust purpose by mortgage, deed of trust, pledge or otherwise; d) Carry insdrance of such kinds and in such amounts at the expense of the] trusts provided for in this Declaration as the Trustee may deem advisable; e) Commence or defend at the expense of any trust provided for in this Declaration such litigation with respect to any such trust or any property of the Trust Estate as Trustee may deem advisable and amploy, for reasonable compensation payable by any such trust, sugh counsel as the Trustee shall deem advisable for that purpose; £) So long as the original trustee or trustees are managing the Trust, they may invest and reinvest in common or preferred stocks, securities, investment trusts, bonds and other property, real or personal, foreign or domestic, including any undivided interest in any one or more common trust funds, whether or not such investments be of the character permissible for investments by fiduciaries the effect any of investments in Mutual Fund or not), inclu Futures, Chicago Board Trade. Commd Trustee under any applicable law, and without regard to such investment may have upon the diversification Trustees are specifically authorized to invest 5, Limited Partnerships, option accounts (covered ing, but not limited to, Currency, Index, Stocks, dities, Precious Metals, etc., traded on the £ Trade or other nationally recognized Boards of s expressly have the authority to trade on margin.g) Vote, determine to be in this Declara by proxy or otherwise, in such manner as Trustee may in the best interests of the trust provided for tion, any securities having voting rights held by the Trustee purguant to this Declaration; h) Pay any as other security Declaration; i) Exercise dr not exercise, subscription, ¢ any time attach, trust pursuant 3) Participat reorganization, corporation or the Trustee, oF trust pursuant securities with Trustee may deem protective or any such plan o| bessments or other charges levied on any stock or held by the Trustee in trust pursuant to this as Trustee may deem best, any bnversion or other rights or options which may at belong or be given instruments held by it in to this Declaration; b in any plans or proceedings for the foreclosure, consolidation, merger or liquidation of any organization that has issued securities held by will issue securities to be held by Trustee in to the terms of this Declaration, to deposit and transfer title or securities on such terms as in the best interest of the trusts to any ther committee established to further or defeat r proceeding; k) Enforce amy mortgage or deed of trust or pledge held by Trustee in tru under any such purchase Declaration, an 1) Compromise} consideration against any tru m) Distribute of principal ox Trustee, in his n) Invest in capitalizing on 3) Subject tp Declaration an obligations, td exercise all s or exercised by p) So long a Trustees hereuy the trust in an to (1) colle securing asset bank accounts; and other prope at the st pursuant to this Declaration and at any sale mortgage, deed of trust or pledge, to bid and expense of any trust provided for in this ly property subject to such security instrument; , submit to arbitration, release with or without nd otherwise adjust any claims in favor of or Ist provided for in this Declaration; gifts of up to $10,000.00 per year per donee out interest or in any proportion of the two that the sole discretion, deems advisable; and guarantee a business or Trustee of the Trust the business venture; any limitations expressly id faithful performance of do all such acts, set forth in this Trustee's fiduciary take all such proceedings, and hch rights and privileges as could be done, taken an absolute owner of the trust property; and s both of the original Trustees are serving as der, either of them shall have the power to bind y and all transactions, including, but not limited ting receipts; (2) paying disbursements; (3) ; (4) writing checks and making withdrawals from (5) purchasing, selling and pledging securities rty; and (6) exercising any power conferred on theTrustees pursua the action of e parties dealing qa) The trustee is empowered to buy, precigus metals, options, nature (inclu transactions - option every nature, commodities of purpose to mai straddles, t to the terms of this Declaration of Trust, and ther original Trustee may be relied upon by third with those Trustees or either of them. sell, trade and deal in stocks, bonds and securities of all “short” sales and speculative option uncovered puts and calls, option spreads, and commodities of ing dG. and option combinations) 4nd contracts for the future delivery of every nature on margin and otherwise; and for such tain and operate margin and commodity accounts with brokers; ahd in connection therewith to borrow money and to pledge any and contracts for the future delivery thereof, bonds, securities, commodities and held or purchased by all stocks, the trustee, ith such brokers as securities for loans and advances made tp the trustee. xr) The successor trustee has the authority to enter the safe deposit box in the Trust, and Trustors' names, individually or as Trustees of remove the contents thereof. sh The trustae shall have the power to borrow money for any trust purpose (jincluding from the probate estate for the purpose of paying taxes) deem proper fro on such terms and conditions as the trustee may m any person, firm or corporation; t) The trustee is authorized to loan or advance trustee’s own funds to any tr purpose and to lust provided for in this declaration for any trust charge for such loan or advance to the trust; u) The trustee is authorized to purchase securities or other property from a Ind to make loans and advancements from the probate estate with or without security to the executor or other representative pf the estate of either trustor; and v) The trust¢e may hold securities or other property held by trustee in tru as trustee undgr this declaration, a designation 5 the name of t securities unr¢ pass by delivey w) The trust attorney form bank; x) Power to g section 14006.4 implement medi and accomplish term health and not limited ne t pursuant to this declaration in trustee’s name in trustee’s own name without lhowing it to be trustee under this declaration, in ustee’s nominee, or the trustee may hold such gistered in such condition that ownership will yi be has the authority to execute for any account held in trustors’ any power of names in any Ilbtain benefits under welfare and institutions code : the trustee shall have the power to explore and cal planning strategies and options and to plan asset preservation in the event trustor needs long nursing care, such planning shall include, but is essarily to, the power and authority to: (1) makehome improveme residence; (2) on the trustors one; (4) purcha assets for estat Section 4 The Trustee sha purpose (includ paying taxes) deem proper frq power to borrow provided for in| any of them, 4 borrowed money. Section 4 The Trustee is to any trust purpose and tq interest that T would have char not connected value of the py together with t be a first lien loan or advanc¢ principal of 5s appears for beneficiaries. Section 4 The Trustee ij property from a hts and additions to the trustors, family ay off partly or in full the encumbrance, if any , family residence, if the trustor does not own e@ a more expensive family home; (5) make gifts of e planning purposes. 02 Power to Borrow ll have the power to borrow money for any trust ling from the probate estate for the purpose of n such terms and conditions as the Trustee may m any person, firm or corporation, including the money on behalf of one trust from any other trust this Declaration, and to obligate the trusts, or rovided for in this Declaration to repay such 03 Power to Loan to Trusts authorized to loan or advance Trustee's own funds rovided for in this Declaration for any trust charge for such loan or advance the rate of rustee, at the time such loan or advance is made, ged had such loan or advance been made to a person ith such trusts having a net worth equal to the lincipal of such trust. Any such loan or advance, he interest accruing on such loan or advance shall against the principal of the Trust to which such is made and shall be repaid from the income or uch trust as in the discretion of the Trustee the best interests of such trust and its .04 Purchase of Securities ls authorized to purchase securities or other Ind to make loans and advancements from the Probate Estate with or without security to the executor or other representative jof the estate of Trustor. Section 4.05 Manner of Holding Title The Trustee may in trust purs Trustee under designation shq the name of TJ securities unre by delivery. hant to this irustee's nominee, hold securities or other property held by Trustee Declaration in Trustee's name as his Declaration, in Trustee's own name without a wing it to be Trustee under this Declaration, in or the Trustee may hold such gistered in such condition that ownership will paySection 4.)06 Expense and Proceeds Allocation Except as othezwise specifically provided in the Trustee sha or incurred by in this Declara in the manner principal of 4 Revised Uniform this Declaratio Section 5 a) At a trust hereundey distribute to beneficiary of assets classified as Trustee, in h advisable in generally. b) To re paying them, then held by this Declaration, 1 allocate all receipts and expenditures received Trustee in administering the trusts provided for ion to the income or principal of each such trust provided in this Declaration to the income or Ech such trust in the manner provided by the Principal and Income Act in effect on the date of in the State of California. ARTICLE FIVE 01 Coordination with Trustor's Probate Estate y time during the continuance of the original and after the Trustor's death, its Trustee may the deceased Trustor's probate estate, as a lsuch trust, cash and/or other property out of any such trust, including any which are bostdeath trust income, to whatever extent such s/her sole and uncontrolled discretion, deems the best interest of Trustor's beneficiaries lieve Trustor's probate estate from the burden of Any estate, inheritance, succession, or other similar death taxes which may be imposed as a result of Trustor's death, as wel as funeral, last illness, and administrative expense, debts, and other proper charges against Trustor's estate, may at|any time be paid out of any assets then held by the original ty as postdeath ty eriginal Trust discretion, depms ust hereunder, including any which are classified ust income, to whatever extent the Trustee of the hereunder, in his/her sole and uncontrolled advisable and in the best interest of the Trustor's benefliciaries generally. ) All notwithstanding proceeds, as indirectly (i) executors or Tirustor's probate estate or obligations of means: x) All or similar benefits which are received or receivable by accounts, any Trustee hg “other than t excluded from other provisions hereof to , under no circumstances shall any restricted hereinafter defined, be either directly or distributed to or for the benefit of Trustor's (ii) used to pay any The term "restricted proceeds" the contrary Trustor's estate. qualified plans, individual retirement reunder which, e executor" Trustor's if paid solely to a beneficiary of the Trustor's estate, would be gross estate for federal estate taxpurposes under | Section 2039 of the Internal Revenue Code in affect at Trustgr's death; and 2) 411 proceeds of insurance on Trustor's life which, if paid to a beneficiary other than Trustor's estate, would be exempt from inheritance or similar death taxes under applicable state death tax|laws. However, the term "restricted proceeds" shall not include any qualified plan pr similar death benefits which would not in fact be excluded frpm Trustor's gross estate under the applicable subsection of |Section 2039 even though such benefits were receivable by @ beneficiary other than Trustor's executor nor shall it include any life insurance proceeds which would be subject to no |jgreater state or federal death tax should this restriction not| exist. Section 5,02 Direction to Minimize Taxes In the adminigtration of the trust hereunder, Trustee shall exercise all tax related elections, options, and choices which Trustee has, i such manner as Trustee, in Trustee's sole but reasonable judgment (where appropriate, receiving advice of tax counsel), believes will achieve the overall minimum in total combined preseyt and reasonably anticipated (but appropriately discounted) future administrative expenses and taxes of all ar kinds, upon not] only such trust but also its beneficiaries, the other trusts Wereunder and their beneficiaries and Trustor's probate estate Without limitation on the generality of the foregoing dire¢tion (which shall to that extent supersede the usual fiduciary) duty of impartiality), such fiduciaries shall not be accountable] to any person interested in any trust or in Trustor's estate for the manner in which they shall carry out this direction |to minimize overall taxes and expenses (including any decision they may make not to incur the expense of detailed analysis of alternative choices) and, even though their decisions in this xregand may result in increased tax or decreased distribution tb a trust, to the estate, or to one or more beneficiaries, | there shall in no event be any compensation readjustments jor reimbursements between any of the trusts hereunder or any of the trust or estate accounts or beneficiaries by reason of the manner in which the fiduciaries thus carry out said direction. ARTICLE SIX Section 6|.01 Incontestability The beneficial| provisions of this instrument (and of Trustor's Last Will and Testament) are intended to be in lieu of any other a rights, claimg, or interest of whatsoever nature, whether statutory or otherwise, except bona fide pre-death debts, which any beneficiary hereunder may have against or in Trustor's estate ior beneficiary he enforceable debt against or in T of this trust, said Will, or d into question, of this instrum a) such and all benefic such beneficiar the interests 0 increased and/o. the propert lies in trust hereunder. Accordingly, if any reunder asserts any claim (except a legally ), statutory election, or other right or interest ustor's estate, Trustor's Will, or any properties ther than pursuant to the express terms hereof or rectly or indirectly contests, disputes, or calls before any court, the validity of any provisions ent or of said Will, then; beneficiary shall thereby absolutely forfeit any jary interests of whatsoever kind and nature which y might otherwise have under this instrument and f the other beneficiaries shall be proportionately r advanced. b) All of the provisions of this instrument, to the extent that they confqr any benefits, powers, or right whatsoever upon such claiming,| electing, or contesting beneficiary, shall thereupon becom Ss) Such then acting as be a Trustee an remove, or beco} The foregoing appearance of involving this beneficiary's al for the constru Section 7 Whenever the r income or pring shall terminat« accrued net in on the date of distributed by had accrued and beneficiary's terminated. Section 7 A Trustee shal compensation f shall be reimb administering 4 e absolutely void and revoked, and ‘claiming, electing, or contesting beneficiary, if la Trustee hereunder, shall automatically cease to i shall thereafter be ineligible either to select, me a Trustee hereunder. shall not be construed, however, to limit the lany beneficiary as a witness in any proceeding instrument or said Will not to limit any ppearance in any capacity in any proceeding solely tion of either of said documents. ARTICLE SEVEN .01 Accrued Income Beneficial Interest on Termination of ight of any beneficiary to payments from the net ipal of any trust provided for in this Declaration either by reason of death or other cause, any ome from such trust undistributed by the Trustee such termination shall be held, administered and the Trustee in the same manner as if such income been received by the Trustee after the date such right to receive payments from such trust .02 Periodic Accountings 1 be entitled to pay himself/herself reasonable rom time to time without prior court order and lirsed for all out-of-pocket expenses incurred in he Trust.During the lif@time of the Trustor, only to the Set and conclusive account as to and contingent the Trustee sha less frequentl regarding the instrument. Accountings sha each beneficiar there are no c the Trustee shall account tlor, and his/her written approval shall be final in respect to transactions disclosed in the 1l beneficiaries of the trust, including unborn Ilbeneficiaries. After the death of the Trustor, hl render an accounting from time to time but not than annually after any prior accounting transactions of any trust created in this ll be made by delivering a written accounting to entitled to current income distribution, or if lirrent income beneficiaries, to each beneficiary entitled to cuyrent distribution out of income or principal in the Trustee's discretion. accounting is 4 If any person entitled to receive an minor or is under a disability, the accounting shall be delivered to his parents or the guardian of his person if he is a mino if he is under lr or to the guardian or conservator of his person any other disability. Unless any beneficiary, including parents, guardians or conservators of beneficiaries, shall deliver (60) days afte shall be final disclosed in t including unbd settlement of 4 to itdor by £ Trustee shall n including unboyx transactions di intentional wro| h written objection to the Trustee within sixty tf receipt of the Trustee's account, the account and conclusive in respect to the transactions e account as to all beneficiaries of the trust rn and unascertained beneficiaries. After he account by agreement of the parties objecting e expiration of the sixty (60) day period, the b longer be liable to any beneficiary of the trust nm and unascertained beneficiaries, in respect to Isclosed in the account, except for the Trustee's ngdoing or fraud. ARTICLE EIGHT Section 8.01 Distribution in Kind or Cash On any division partial shares assets of the Declaration, th and distribute undivided intey of such assets partly in cash either prior assets, as to of the Trust Eg shall be bindi trust provided of the assets of the Trust Estate into shares or and on any final or partial distribution of the Trust Estate or any trust provided for in this ie Trustee, in its absolute discretion, may divide such assets in kind, may divide or distribute ests of such assets, or may sell all or any part and make division or distribution in cash or and partly in kind. The decision of the Trustee, o er on any division or distribution of such hat constitutes a proper division of such assets tate or any trust provided for in this Declaration g on all persons in any manner interested in any for in this Declaration.Section 8, The terms "chil the lawful iss adopted by the Section 8 Except as othey beneficiary of have any right hypothecate his such trust in beneficiary be liable to attac' Section 9 The following succession: FIRST: SECOND: SUZANNE SANCHEZ 02 , powe execution or other process of Law nor shal ARTIGLE NINE 01 Trustees L Definition of Children 03 Spendthrift Provision such STEELE ESTES shall act as anternate Trustee. THIRD: with a parent provided, howey Section 1 In any event notwithstanding, terminate upon one (21) years issue now livi previously tert in this paragra as it shall the the beneficiar Estate in the g income. ng. ph, er, After that have collectively only on \ vote. ARTICLE TBN and anvthing to the the crusts created the da in this interest \ Ihe unJersigned, SUZAMNE P. POWERS. At the aaath or incapacity of the Trustor, and ROBIN REE BELL shall act as Co-Trustees. the event either Trustee is unable to serve for any reason. A trustee chhseh, by the majority of beneficiayies x legal guacdiaN voting for minor beneficia ye iss’e of any deceased child § 0.01 Pexpetuities Savings Clause agreement " and "children" as used in this Declaration mean le of the Trustor and include children legally rustor. wise expressly provided in this Declaration, no lany trust provided for in this Declaration shall r or authority to alienate, or her interest in the pr any manner, subject to claims of his or her creditors or hment, encumber (jor incipal or incombircf of. any \ NLL act as Trustee’ iw the following otddy 6f SUNDRA In TRACY ies all contrary herein contained shall next preceding the expiration of twenty— the death of the undersigned and his/her In the event these trusts shall not have inated in accordance with the terms provided for the Trustee shall distribute the Trust Estate n be constituted, together with any net income, to kes then entitled to the income from the Trust ame proportions in which they are entitled to suchSection 1] tt shall necessari trusts hereunde a validity of th governed by thi connection with b) instrument and be governed by under that trus the case of t designated in t appointment her <) The governed by th¢ being administe of the Trustee assets and rec jurisdiction o to any period dj state. The foregoing assets or the at some time or Section 1 Should any pro unenforceable, be and continue Section 1 Any successor all title of 4% rights, discret this Declaratig I CERTIFY THAT: Es I have rea 2 The foreg terms and cond managed, admini is not inte The vy The qeaRtAy and eff bing Declaration of trust correctly ARTICLE ELEVEN .01 Governing Law hded that the law of only one particular state ly govern all questions pertaining to all of the Rather; klidity of the trust hereunder, as well as that particular provisions of that trust, shall be laws of whatever state having any sufficient such trust will support such validity. ect of the terms of this trust of any other trust instrument related hereto shall the laws of the state in which the initial trust tt instrument was created, that is, California in his instrument and such other state as may be Ihe governing instrument of any trust receiving an punder. administration of the trust hereunder shall be laws of the state in which that trust is then red (based on the location of the principal office then having custody of that Trust's principal rds), which state's courts shall have exclusive ier that administration of the trust with respect liring which it was thus being administered in that bhall apply even though the situs of some trust ome of the Trustor, a trustee, or beneficiary may times be elsewhere. 1.02 Invalidity of any Provision ision of this Declaration be or become invalid or Ithe remaining provisions of this Declaration shall to be fully effective. 1.03 Successor Trustees Trustee taking office shall forthwith succeed to he prior Trustee and shall have all the power, dons and obligations conferred on such Trustee by nm. id the foregoing Declaration of Trust; states the tions under which the Trust Estate is to be held, stered and disposed of by the trustee; and, 15om 3 ¥ approve such Declaration of Trust, I approve and accept the trust provided for in such Declaration. EXECUTED ON THIS MW 5 on ~SUZANN SO |» CALIFORNIA. DAY OF Neaember’ _, 2000, AT C () ana e \ OUEXL TRUSTEE E P. POWERS a} ac si D Ue ntraaV Vittvte reustor SUZANNE P. POWERS STATE OF CALIFORNIA ) ds county or QC0NVEE) 4 on DECENL bi Dd, 00D serore we, /(MUAWGtE_ On (CLESLA_, PERSONALLY APPEARED SUZANNE P. POWERS PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE| NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED THAT Hit/SHE EXECUTED THE SAME IN H#8/HER AUTHORIZED CAPACITY, AND THAT BY HES/HER SIGNATURE ON THE INSTRUMENT ‘THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL.EXHIBIT Bmae Daemon one = SER i COUNTY OF RIVERSIDE RIVERSIDE, CALIFORNIA 3082020177070 CERTIFICATE OF DEATH 3202033011561 TRE vee maocenons A Ona mar eR RGR ECON FAST oes aaa a ; SUZANNE PATRICIA POWERS Acai aan Ciara lositaness at (ae ee Doo. ee BY TESA RESTRAINT Te RSE RNAS lek REST, ABELL ST, VA 568-54-0001 Cvs Re [ox pivorceo 08/04/2020 0302 eee eae FR menor ERAGE Wc ny be aT RTT OTT acoetat Tear | SOME COLLEGE |[] = __ [x} >| CAUCASIAN [FF Geum ScbUnIOn = Woe won tr msiclie SONGTRE TRIED Saas Sse ak DASE I Sass STS STL NON ONON DIRECTOR PUBLIC RELATIONS 25 R OSCEDETS RERDDNET vel wa row oo 25290 FOREST WOOD CIRCLE Tony a. OT ORTNCE TEP OE BC YOREW CONT [2 STATETOREONCONTRT MENIFEE RIVERSIDE 92584 20 CA TRACY GREER, DAUGHTER BESS EORES POSS CIRCLE, MENIFEE. CA 38