in furtherance of and in response to its Tentative Decision dated 1/4/2010 addressing various matters

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1 1 1 Thomas H. Lambert, Esq. (Bar No. ) Lambert Law Corporation P.O. Box 0 San Diego, CA -0 Telephone: () -00 Fax: () - THL@LambertLawCorp.com Attorney for Wyatt J. Taubman In the Matter of SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES THE JANICE L. TAUBMAN 0 REVOCABLE TRUST, U.S. BANK, N.A, Trustee Case No: BP0 [Related Case Numbers BC, BC1, BC0] Judge: Hon. Marvin M. Lager WYATT S REQUEST FOR STATEMENT OF DECISION And all related proceedings Hearing Date: Time: (anytime) Place: Dept. To the Hon. Marvin L. Lager, and to the parties of record: PLEASE TAKE NOTICE that Wyatt J. Taubman ( WYATT ), pursuant to California Code of Civil Procedure, hereby requests that this Court provide to the parties its Statement of Decision in furtherance of and in response to its Tentative Decision dated 1// addressing various matters pertaining to the administration of the Janice L. Taubman 0 Revocable Trust (the JLT TRUST ) submitted for determination following several days of trial. In so doing, WYATT respectively requests that this Court consider and clarify its Tentative Decision as to the matters set forth below: (1) What is the standing of WYATT to participate in further trust proceedings, given that both Anne and Ricky have now survived more than years subsequent to the death of the trustor? WYATT S REQUEST FOR STATEMENT OF DECISION PAGE 1 OF

2 1 () The Trustee s petition sought instructions on the early termination. It is now more that months subsequent to the date upon which the JLT TRUST was to terminate by its terms, yet the Tentative Decision stopped short of providing sufficient instructions as to how the trust is to terminate even now. Please clarify how, given the current absence of adequate cash held within the trust estate, the trust beneficiaries (including WYATT as a contingent beneficiary) can receive their share of the trust estate upon the termination of the trust. () Given that the oil and gas interests are a royalty and further given that WYATT is the remainder beneficiary (i.e. WYATT takes the oil and gas interests upon the death of Anne and/or Ricky), the Trustee needs guidance as to how to effect its distribution of trust assets to Anne and Ricky without impairing WYATT S residual interest. 1 Date: 1// LAMBERT LAW CORPORATION A PROFESSIONAL LAW CORPORATION By: Thomas H. Lambert, Esq. WYATT S REQUEST FOR STATEMENT OF DECISION PAGE OF

3 HAND DELIVERY US MAIL FAX OVERNIGHT EXPRESS SVCE E-MIAL REPOSITORY OTHER NOT SERVED 1 PROOF OF SERVICE [CCP A] 1 State of California ) ) ss: County of San Diego ) In the Matter of the Janice L. Taubman 0 Recovable Trust, and all related proceedings Los Angeles County Superior Court, Case No. BP0 I am an employee in the above entitled State and County. I am over the age of years and not a party to the within action. My business address is that of: Lambert Law Corporation P.O. Box 0 San Diego, CA -0 [Counsel for WYATT J. TAUBMAN] Telephone: --00 Fax: -- THL@LambertLawCorp.com I am readily familiar with said firm s practice of collection and processing of correspondence, pleadings and other materials for delivery throughout the world via the United States Postal Service (for both First Class Mail and Express Mail), FedEx, UPS, fax, and the other methods stated below; and, upon the basis of such familiarity, such correspondence, pleadings and other materials would be deposited in the United States Postal Service or other such express delivery service on the same day that a PROOF OF SERVICE such as this would be executed. On Monday, January,, I served the within: WYATT S REQUEST FOR STATEMENT OF DECISION upon the ADDRESSEE(S) that follow, in the manner stated below: ADDRESSEE Richard A. Heller, Esq. Procopio, Cory, Hargreaves, et al. Palomar Oaks Way, Suite 00 Carlsbad, CA 0 Telephone: (0) 1-00 Fax: (0) RAH@procopio.com Atty for: GMS Realty, LLC, et al. PROOF OF SERVICE PAGE OF

4 HAND DELIVERY US MAIL FAX OVERNIGHT EXPRESS SVCE E-MIAL REPOSITORY OTHER NOT SERVED 1 1 ADDRESSEE Barry Fink, Esq. Amman A. Kahn, Esq. Glasser, Weil, Fink, Jacobs, Howard and Shapiro, LLP 0 Constellation Blvd., th Floor Los Angeles, CA 00 Telephone: () -000 Fax: () - s: AKahn@glaserweil.com BFink@glaserweil.com Atty for: U.S. Bank, N.A., as Trustee Michael E. Baumann, Esq. Kirkland & Ellis, LLP 0 So. Figueroa St. Los Angeles, CA 00 Telephone: () 0- Fax: () MBaumann@kirkland.com Atty for: Michael A. Cohen et al. John T. Blanchard, Esq. Law Office of John T. Blanchard 00 Avenue of the Stars, Suite 00 Los Angeles, CA 00- Telephone: Fax: Atty for: JTB@jtblaw.com Anne C. Taubman PROOF OF SERVICE PAGE OF

5 HAND DELIVERY US MAIL FAX OVERNIGHT EXPRESS SVCE E-MIAL REPOSITORY OTHER NOT SERVED 1 ADDRESSEE Paul L. Stanton, Esq. Law Offices of Paul L. Stanton 1 Santa Monica Blvd., Suite 0 Los Angeles, CA 00 Telephone: () -0 Fax: () - Paul@PaulStanton.com Atty for: Richard J. Taubman 1 The executed original of this document has been Presented to the court for filing Retained by this serving party Served upon counsel for [Specify] Checking Hand Delivery indicates that I hand delivered them to the office of the above stated ADDRESSEE, or to the attorney of record who is employed by or is a member of said ADDRESSEE [Time NOT extended.] Checking United States Mail indicates that I placed the above identified documents into a sealed envelope addressed to the stated ADDRESSEE, with First Class Postage fully prepaid thereon and deposited same into a facility regularly maintained by the United States Postal Service for the receipt of such mail at San Diego, California. [Time extended by court days per CCP (a).] Checking Fax indicates that, pursuant to a pre-existing agreement which has been confirmed in writing with said ADDRESSEE, I dispatched to said ADDRESSEE at the stated fax number via facsimile transmittal a true copy of the above identified documents, and I retained the written confirmation of delivery thereof printed by the sending fax machine.. [Time extended by court days per CCP (e).] Checking Overnight Express Service indicates that I placed the above identified documents into a sealed envelope addressed to the stated ADDRESSEE, with postage or other such delivery charges fully prepaid thereon and deposited same into a facility regularly maintained by the United States Postal Service or by other such overnight express services such as UPS, FedEx, Overnight Express, etc., with appropriate instructions specified for the overnight delivery of said document to ADDRESSEE. [Time extended by court days per CCP (a).] Checking Internet indicates that, pursuant to a pre-existing agreement which has been confirmed in writing with said ADDRESSEE, I electronically transferred via Internet a true PROOF OF SERVICE PAGE OF

6 1 copy of the above identified documents to said ADDRESSEE. [Time extended, if at all, in the manner specified by the underlying agreement to effect service of process by this method.] Checking Internet Repository indicates that, pursuant to a pre-existing agreement which has been confirmed in writing with said ADDRESSEE, I electronically transferred said document via an Internet connection a true copy of the above identified documents to an electronic repository accessible to said ADDRESSEE, and concurrently gave notice via to said ADDRESSEE of said transfer. [Time extended, if at all, in the manner specified by the underlying agreement to effect service of process by this method.] Checking FedEx or UPS Overnight indicates that I placed the above identified documents into a sealed envelope addressed to the stated ADDRESSEE, with overnight delivery charges fully prepaid thereon and deposited same into the facility regularly maintained by FedEx or UPS (as applicable) for the receipt of such materials. I declare under penalty of perjury in accordance with the laws of the State of California that the foregoing is true and correct. Executed at San Diego, California on Monday, January,, By: Thomas H. Lambert, Esq. 1 PROOF OF SERVICE PAGE OF