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On February 22, 2000, petitioners filed a joint response to
respondent’s motion (petitioners’ response). In petitioners’
response, petitioners argue that Mr. Wilde is their trustee and
thus, the proper party to bring this action. In support of their
contention, petitioners attached two identical documents entitled
“Minute–-Morgan, Kramer & Strauss L.L.C.” (the minutes). The
minutes provide, in relevant part:
A special meeting of the members has been called
for the purpose of amending the purpose and operation
of the L.L.C.
* * * * * * *
It is hereby resolved that it is in the best
interest of all parties concerned to replace the
trustee on all trusts where the LLC is named. To this
end and in fulfilling the requirements for succession
John P. Wilde and Jimmy Chisum have been selected as
successors.
By agreement the appointment of Wilde and Chisum
and the withdrawal of Stern and Stein are simultaneous
and signatures hereto signify a full and total change
in trusteeship, responsibility, custody and ownership
of corpus, papers, and all legal affairs (emphasis
added).
Cliff Jennewin and Richard Scarborough signed the minutes on
behalf of Morgan, Kramer. Mr. Wilde and Jimmy Chisum also signed
the minutes to signify that they accepted the appointment as
trustees.
In petitioners’ response, they further argue:
the issue concerning Mr. Wilde’s capacity as Trustee
falls within the exclusive jurisdiction of the superior
court here in the State of Arizona. * * * At this
point, this court is without jurisdiction to examine
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Last modified: May 25, 2011