On September 27, 2021 a
Probate Matters
was filed
involving a dispute between
Buckley, Regina Else,
and
for Trust
in the District Court of San Bernardino County.
Preview
T~205 P0002/0008 F~511
04-4 5" 22 17 :24 FROM“
BROWN WHITE & OSBORN LLP SUPERmFCi L ED
JACK B. OSBORN (Ba: No. 230447) COUNTY 02$; gg'gmg-‘ORMA
300 Bast State Street, 3' Floor SAN BERNARomo oasmfi'go
¥°flafid“'c%léfi°r7‘3§2¥333
c e one: . .
APR 1 8 2022
Facsgmile: 909.798.6189
‘Omflmm-hUJNH
Attornc s far Petitioners
Nicole olgcr, Howie Buckley, Cassandra Buckley
BY m3 x
33mm RAZO' DEPUW
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
IN AND FOR TI-IE COUNTY OF SAN BERNARDINO ~ CENTRAL DISTRICT
Ih re:
Case No.: TRUSBZIOOI 12
OBJECTION To REGINA E.
THE HOWARD D. BUCKLEY
,
BUCKLEY’S PETITION To gum
FAMILY TRUST TITLE AND THAT REGINA .
BUCKLEY Is THE FULL LEGAL
AND BENEFICIAL OWNER 0F
18868 TAO WAY, APPLE VALLEY
CA 92307
HHp—II—‘Ha—Ia—ta—Ar—IH
OmQQxUI-AUJNI—IO
Date: March 22, 2023
Time: 1:30PM
Dept: SSS
Petitioners, NICOLE BOLGER, HOWIE BUCKLEY, and CASSANDRA BUCKLEY (the
“Petitioners”) respectfully submit the following objection to REGINA BUCKLEY’S (the
“Rewondent‘fi PETITION FOR ORDER CONFIRMI‘NG TRUST ASSETS, FOR REMOVAL OF
o SUCCESSOR TRUSTEE AND FOR APPOINTMENT 0F SUCCESSOR TRUSTEE:
MN
1—:
I.
N RESPONDENT’S REQUEST 0F THE COURT INVOLVES PROPERTY THAT IS
W‘N
CURRENTLY THE SUBJECT OF ONGOING LITIGATION
MN
1. Reapondent is the surviving spouse of Howard D. fiuckley (the “Deccdent”) who died on
A
August 10. 2021.
81
2. Respondent seeks an order to quiet title ofthe property located at 18868 Tao Way, Apple
g Valley CA 92307; Assessor Parcel Number 473~47 1 ~14 (the “Residence").
S 3. Respondent hopes to sell the Residence and use thc proceeds from the sale to purchase
83 another property.
4. Currently, thc Residcnce is the subject of ongoing litigation regarding the validity of the
04—15922 17:25 FROM~ T~205 P0003/0008 F-B’H
Howard D. Buckley Revocable Living Trust, Dated July 27, 2021 (the “2021 Trust“).
5. This Court consolidated the following cases: PROSBZIOO786, TRUSTB21001 12, and
TRUSB2100123. The Court ordered TRUSB2100123 to serve as the lead case in the matter.
6. These cases all involved the Decedent’s execution of the 2021 Trust or related properties.
7. The Residence that the Respondent seeks a quiet title is one of the various properties that the
\omqoxmAwN'H
Decadent intended to place into the 2021 Trust.
8. The Respondent claims that the Decadent had no legal power to convey the jointly owned
Residence into his individual trust. However, an assertion and dispute in the ongoing litigation is that
this action was initially done with tho approval of the Respondent.
9. Due in part to the title dispute that currently exists regarding the rightful ownership and
possession of various properties, including the Residence, thc Petitioners request that the Court stay
the request for quiet title pending the outcozne of the ongoing proceedings.
'
II.
QUIET TITLE, SPOUSAL PROPERTY PETITION, AND CALIFORNIA EVIDENCE
CODE §662
r—ug—‘Ho—oo—‘a—sr—at—At—n
10. The Resmndent sets forth thc presumption in Califomia Evidence Code §662 which provides
GOGQO‘sUz-meO—IO
that the owner ofthe legal title to property is presumcd to be the owner of the full beneficial title.
11. This presumption may only be rebutted by “clear and convincing evidence."
12. It is the intent of the Petitioners to provide evidence, at trial, that “will meet and satisfy this
standard in a manner that is “so clcar as to leave no substantial doubt” and is so “sufficiently strong
to demand the unhesitating assent of every reasonable mind." People v. Caruso (1968) 68 Cal.2d
183,190.
13. Granting the Respondcnt's request for quiet title, given the ongoing litigation, would be
Nr—ro
premature as thc issue not yet ripe for adjudication.
NNN
Wherefore, Petitioners request that the Court order the following:
1. Stay the proceedings pending the outcome 9f the current litiggtion. H
2. For any additional rcmcdics that the Court deems just and proper.
Date: 4I Y
I
[W ’4'“- Brown White & Osborn LLP
U Jack B. Ostm
Attemeys for the Petitioners
Document Filed Date
April 18, 2022
Case Filing Date
September 27, 2021
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T~205 P0002/0008 F~511 04-4 5" 22 17 :24 FROM“ BROWN WHITE & OSBORN LLP SUPERmFCi L ED JACK B. OSBORN (Ba: No. 230447) COUNTY 02$; gg'gmg-‘ORMA 300 Bast State Street, 3' Floor SAN BERNARomo oasmfi'go ¥°flafid“'c%léfi°r7‘3§2¥333 c e one: . . APR 1 8 2022 Facsgmile: 909.798.6189 ‘Omflmm-hUJNH Attornc s far Petitioners Nicole olgcr, Howie Buckley, Cassandra Buckley BY m3 x 33mm RAZO' DEPUW SUPERIOR COURT OF THE STATE 0F CALIFORNIA IN AND FOR TI-IE COUNTY OF SAN BERNARDINO ~ CENTRAL DISTRICT Ih re: Case No.: TRUSBZIOOI 12 OBJECTION To REGINA E. THE HOWARD D. BUCKLEY , BUCKLEY’S PETITION To gum FAMILY TRUST TITLE AND THAT REGINA . BUCKLEY Is THE FULL LEGAL AND BENEFICIAL OWNER 0F 18868 TAO WAY, APPLE VALLEY CA 92307 HHp—II—‘Ha—Ia—ta—Ar—IH OmQQxUI-AUJNI—IO Date: March 22, 2023 Time: 1:30PM Dept: SSS Petitioners, NICOLE BOLGER, HOWIE BUCKLEY, and CASSANDRA BUCKLEY (the “Petitioners”) respectfully submit the following objection to REGINA BUCKLEY’S (the “Rewondent‘fi PETITION FOR ORDER CONFIRMI‘NG TRUST ASSETS, FOR REMOVAL OF o SUCCESSOR TRUSTEE AND FOR APPOINTMENT 0F SUCCESSOR TRUSTEE: MN 1—: I. N RESPONDENT’S REQUEST 0F THE COURT INVOLVES PROPERTY THAT IS W‘N CURRENTLY THE SUBJECT OF ONGOING LITIGATION MN 1. Reapondent is the surviving spouse of Howard D. fiuckley (the “Deccdent”) who died on A August 10. 2021. 81 2. Respondent seeks an order to quiet title ofthe property located at 18868 Tao Way, Apple g Valley CA 92307; Assessor Parcel Number 473~47 1 ~14 (the “Residence"). S 3. Respondent hopes to sell the Residence and use thc proceeds from the sale to purchase 83 another property. 4. Currently, thc Residcnce is the subject of ongoing litigation regarding the validity of the 04—15922 17:25 FROM~ T~205 P0003/0008 F-B’H Howard D. Buckley Revocable Living Trust, Dated July 27, 2021 (the “2021 Trust“). 5. This Court consolidated the following cases: PROSBZIOO786, TRUSTB21001 12, and TRUSB2100123. The Court ordered TRUSB2100123 to serve as the lead case in the matter. 6. These cases all involved the Decedent’s execution of the 2021 Trust or related properties. 7. The Residence that the Respondent seeks a quiet title is one of the various properties that the \omqoxmAwN'H Decadent intended to place into the 2021 Trust. 8. The Respondent claims that the Decadent had no legal power to convey the jointly owned Residence into his individual trust. However, an assertion and dispute in the ongoing litigation is that this action was initially done with tho approval of the Respondent. 9. Due in part to the title dispute that currently exists regarding the rightful ownership and possession of various properties, including the Residence, thc Petitioners request that the Court stay the request for quiet title pending the outcozne of the ongoing proceedings. ' II. QUIET TITLE, SPOUSAL PROPERTY PETITION, AND CALIFORNIA EVIDENCE CODE §662 r—ug—‘Ho—oo—‘a—sr—at—At—n 10. The Resmndent sets forth thc presumption in Califomia Evidence Code §662 which provides GOGQO‘sUz-meO—IO that the owner ofthe legal title to property is presumcd to be the owner of the full beneficial title. 11. This presumption may only be rebutted by “clear and convincing evidence." 12. It is the intent of the Petitioners to provide evidence, at trial, that “will meet and satisfy this standard in a manner that is “so clcar as to leave no substantial doubt” and is so “sufficiently strong to demand the unhesitating assent of every reasonable mind." People v. Caruso (1968) 68 Cal.2d 183,190. 13. Granting the Respondcnt's request for quiet title, given the ongoing litigation, would be Nr—ro premature as thc issue not yet ripe for adjudication. NNN Wherefore, Petitioners request that the Court order the following: 1. Stay the proceedings pending the outcome 9f the current litiggtion. H 2. For any additional rcmcdics that the Court deems just and proper. Date: 4I Y I [W ’4'“- Brown White & Osborn LLP U Jack B. Ostm Attemeys for the Petitioners