TIMOTHY1 SULLIVAN
ATTORNEY AT LAW
110 JUNIPER STREET
TJSCLS@AOL. COM SAN DIEGO, CALIFORNIA 92101 FAX # ( 619) 236- 0847 619) 232- 6846
April 21, 2025
Chula Vista Animal Care Facility
130 Beyer Way
Chula Vista, CA 91911
Re: Accounting of the Hurley Revocable Family Trust
Dear Chula Vista Animal Care Facility:
I am writing on behalf of Ms. Barbara Harris, the Trustee of the Hurley Revocable Family Trust Dated June 17, 2002. The Chula Vista Animal Care Facility is a twenty percent ( 20%) beneficiary of the Trust' s Residue.
The purpose of this letter is to provide you with the enclosed Accounting of the trust for the period of April 17, 2023 through February 28, 2025. Please review the accounting carefully and contact me if you have any questions or concerns.
Schedule H of the accounting lists the proposed final
distribution of $ 121, 607. 88 to the Chula Vista Animal Care Facility, subject to a $ 15, 000. 00 retention.
If you approve of the Accounting, please sign the enclosed Acknowledgment and Approval of Accounting, Release of Liability and return it to my office in the enclosed self- addressed stamped envelope.
If you have any questions or object to the Accounting, then please notify me as soon as possible.
Once my client has received a signed Acknowledgment from you and another charitable organization, then my client will mail the distribution check to the Chula Vista Animal Care Facility.
This letter will also advise you that pursuant to Probate Code, Section 16460, a beneficiary has three ( 3) years to bring a claim against the Trustees for breach of trust from the date the beneficiary discovered, or should have discovered the subject of the claim.
Chula Vista Animal Care Facility
April 21, 2025
Once again, please contact me if you have any questions or concerns about the Accounting.
Very(
Timotu livan
TJS: mr
Encl.
cc: Barbara Harris ( via email)
1 TIMOTHY J. SULLIVAN, STATE BAR # 83027
110 Juniper Street
2 San Diego, California 92101
Telephone: ( 619) 232- 6846
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5 Attorney for Trustee
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8 In re the ) ACKNOWLEDGMENT AND
APPROVAL OF
9 HURLEY REVOCABLE FAMILY TRUST ) ACCOUNTING; RELEASE
OF LIABILITY
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11 12 I, , on behalf of the CHULA VISTA ANIMAL
13 CARE FACILITY hereby acknowledge that I received from BARBARA 14 HARRIS, Trustee of the HURLEY REVOCABLE FAMILY TRUST DATED JUNE 17, 15 2002 ( the " Trust"), an Accounting of the administration of the Trust 16 for the period of April 17, 2023 to February 28, 2025. 17 I hereby:
18 1. Verify that I have reviewed the enclosed Accounting. 19 2. Acknowledge that I have the right to petition the Court to 20 review the Accounting and any objections I have to that Accounting. 21 However, pursuant to my review I hereby waive the remainder of that 22 time period which I have to object to the Accounting pursuant to 23 California Probate Code Section 16461.
24 3. Confirm that I approve of the transactions reported within 25 the Accounting.
26 4. Release and discharge the Trustee from liability for those 27 transactions reported in the Accounting, while acknowledging that I, 1 as the representative of the Chula Vista Animal Care Facility, am 2 not under any incapacity while executing this, have been fully 3 informed of my rights and material facts, and the Trustee did not 4 induce this release by improper conduct, and this is fair and 5 reasonable.'
6 5. Acknowledge that the consideration for my release is the 7 Trustee' s willingness to forego the time and expense associated with 8 a Petition to the Court for approval of the accounting. 9 6. On behalf of Chula Vista Animal Care Facility, I hereby 10 agree that Chula Vista Animal Care Facility, will indemnify and hold 11 harmless the Hurley Revocable Family Trust Dated June 17, 2002 and 12 its Trustee, Barbara Harris, for any claims, liabilities, 13 assessments, obligations or other debts incurred by the Hurley 14 Revocable Family Trust Dated June 17, 2002, known or unknown, 15 including any tax liabilities to the extent of any distribution, 16 made to Chula Vista Animal Care Facility, including any costs or 17 expenses incurred by the Trust as a result of any such claims, 18 liability, assessment, obligation or other debt, and will reimburse 19 the Trust for any such incurred costs or expenses to the extent of 20 any distributions received by Chula Vista Animal Care Facility. 21 22
23 CA Probate Code 16464( b) A release or contract is not effective to 24 discharge the trustee' s liability for a breach of trust in any of the following circumstances:
1) Where the beneficiary was under an incapacity at the time of making the 25 release or contract.
2) Where the beneficiary did not know of his or her rights and of the 2 6
material facts ( A) that the trustee knew or reasonably should have known and B) that the trustee did not reasonably believe that the beneficiary knew. 3) Where the release or contract of the beneficiary was induced by improper 27 conduct of the trustee.
4) Where the transaction involved a bargain with the trustee that was not fair and reasonable.
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27 7. Acknowledge that Chula Vista Animal Care Facility has the right to independent counsel prior to signing this Acknowledgment and Approval of Accounting and Release of Liability.
8. Acknowledge that this is binding upon and shall inure to the benefit of the Trustee and Chula Vista Animal Care Facility as a current beneficiary, as well as its respective representatives, assignees, heirs, and estates.
Intending to be bound, I hereby execute this Acknowledgment and Approval of Accounting and Release of Liability as indicated below.
DATED:
CHULA VISTA ANIMAL CARE FACILITY
M