Photo Art Marketing Trust, Jimmy C. Chisum, Trustee - Page 9




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               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 that                





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Last modified: May 25, 2011