- 9 - act on behalf of the trusts and bring the instant case before this Court. * * * 12. The capacity of Mr. Chisum and/or Mr. Wilde to act under Arizona law and bring the instant suit in this Court has not been established. For the foregoing reasons, and the reasons detailed in respondent’s original Motion to Dismiss for Lack of Jurisdiction filed with the Court on or about November 27, 1998, and incorporated herein by this reference, the Court should dismiss this case for lack of jurisdiction. Petitioners filed a reply to respondent’s objection to petitioners’ motion. In that reply, petitioners contend in pertinent part: The Respondent’s objection goes to the management of the trusts, their internal affairs, concerns about their administration, the declaration of rights and the determinations of matters involving the trustees. This issue falls within the exclusive jurisdiction of the superior court here in the State of Arizona. See A.R.S. � 14-7201. Under the circumstances, this court is powerless to determine whether the Petitioner’s change of Trustees is valid. The Petitioners need not remind the Court of the consequences of taking any action over which subject matter is completely lacking. The internal affairs, administration and the rights and determinations of matters involving the Trustees is just one of those areas where this court is completely lacking in subject matter jurisdiction. Any objection the Respondent or Respondent’s counsel has in this area must be taken up in the Superior Court, assuming of course the Respondent or Respondent’s counsel has standing. The irony is of course, if Respondent or Respondent’s counsel does take the matter up with the Superior Court, where the Respondent will have the burden of proof, and the Superior Court finds that the Trusts are valid, then the Respondent will be barred by res judicata from asserting the sham trust claim that forms the basis for his deficiency determination. What this court really faces, in dealing with the Respondent’s claims in the objection to the substitu- tion of fiduciary and in the Motion to Dismiss, is thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011