Petitioner Patrick Christopher Lear is a remainderman beneficiary of the Lear Family Trust and is
entitled to the principal of the Trust and income accruing thereto. NRS §165.200 as amended. Petitioner Patrick Christopher Lear is also entitled
to the principal of the Trust and income accruing thereto. NRS
§165.020(b), LFT Article FIFTH.
Petitioner Patrick Christopher Lear, hereinafter
Petitioner, has never given LFT Trustees written authorization to change the
terms and conditions of the LFT Trust agreement or to relieve them
from any duties and obligations imposed under said Trust or by law. NRS §163.170 and NRS §165.170.
Respondent Harold P. Dayton was appointed on January 17,
1983 by the State District Court to act as one of
the three trustees of the Lear Family Trust (LFT).
Respondent Harold P. Dayton, hereinafter
DAYTON,
was under an obligation to fully, faithfully and honestly perform the duties of
LFT Trustee from the time of his appointment in 1983 until July 27, 2004 when he died.
Respondent
DAYTON was paid
for his services to perform the acts and obligations of Trustee from and by the
LFT.
Respondent
DAYTON was also
on the board of directors of SPPC,
when the LFT Trustees sold LFT business SILVER
LAKE WATER COMPANY (SILVERLAKE)
to SIERRA PACIFIC POWER COMPANY (SPPC).
Respondent
DAYTON's estate is represented by Jeffrey K. Rahbeck whose address is
435 McFaul Way, P. O. Box 435, Zephyr
Cove,
Nevada
89448, his telephone number is 775-588-5602, and fax number is 775-588-8548.
Respondent James L. Murphy was appointed on January 17,
1983 by the State District Court to act as one of
the three trustees of the Lear Family Trust (LFT).
Respondent James L. Murphy, hereinafter MURPHY, was under an obligation to
fully, faithfully and honestly perform the duties of LFT Trustee from the time
of his appointment in 1983 to the present.
Respondent MURPHY was paid for his services to perform the acts and obligations of Trustee from
and by the LFT.
Respondent MURPHY was also on the board of directors of SIERRA
PACIFIC POWER COMPANY,
when the LFT Trustees sold LFT business SILVER
LAKE WATER COMPANY (SILVERLAKE) to SIERRA
PACIFIC POWER COMPANY (SPPC).
Respondent MURPHY was a partner in and accountant for GRANT
THORNTON, LLP that was retained by LFT Trustees and did the accounting for
the LFT.
Respondent MURPHY is a licensed CPA in the State of Nevada, Nevada Board of Accountancy license #CPA-0088R.
Respondent MURPHY and other Trustees maintained the principal office of the LFT in the office of GRANT THORNTON, LLP as currently located
at
100 West Liberty Street #770, Reno, Nevada with a telephone number of
775-786-1520 and a fax number of 775-786-7091.
Respondent Richard B. Rowley was appointed on January 17,
1983 by the State District Court to act as one of
the three trustees of the Lear Family Trust (LFT).
Respondent Richard B. Rowley, hereinafter ROWLEY, was under an obligation to
fully, faithfully and honestly perform the duties of LFT Trustee from the time
of his appointment in 1983 until August 28, 2004 when he died.
Respondent ROWLEY was paid for his services to perform the acts and obligations of Trustee from
and by the LFT.
Respondent ROWLEY was also the Secretary and/or Treasurer of Silver Lake Water Company, an entity
50% owned by the LFT.
Respondent ROWLEY's estate is represented by William C. Sanford, Jr.,
Esq. in case #PR04-0400396. William C.
Sanford, Jr., Esq.'s address is 100 West Liberty Street, Suite #900, Reno, Nevada 89501,
his telephone number is 775-329-4733, and fax number is 775-322-6644.
Respondent Tommy L. TUCKER,
as President of DUNHAM TRUST COMPANY was appointed on August 30, 2004 by LFT Trustee James L. MURPHY and confirmed by the State District Court on November 23,
2004 to act as one of the three trustees of the LFT.
Respondent Tommy L. TUCKER,
hereinafter TUCKER,
was under an obligation to fully, faithfully and honestly perform the duties of
LFT Trustee from the time of his appointment on August 30, 2004 to the present.
Respondent TUCKER was paid for his services to perform the acts
and obligations of Trustee from and by the LFT.
Respondent TUCKER,
is President and Chief Trust Officer of DUNHAM
TRUST COMPANY,
serves as a director on its Board of Trustees and maintains his office at 1
East Liberty Street, 6th Floor, Reno, Nevada 89504 with a telephone
number of 775-686-6011 and fax number of 775-686-6042.
Respondent DUNHAM
TRUST COMPANY is an independent, privately held Trust
Company licensed and regulated by the State of Nevada that provides tools and wealth management
services for individuals and families to help preserve and enhance their
assets.
Respondent DUNHAM
TRUST COMPANY by and through its President, Tommy L. Tucker was
appointed on August 30, 2004 by LFT Trustee James L. MURPHY and confirmed by the State District Court on November 23,
2004 to act as one of the three trustees of the Lear Family Trust (LFT).
Respondent DUNHAM
TRUST COMPANY,
hereinafter DTC, by and through its
President and Chief Trust Officer, Tommy L. Tucker was under an obligation to
fully, faithfully and honestly perform the duties of LFT Trustee from the time
of its appointment on August 30, 2004 to the present.
Respondent DTC, by
and through Tommy L. Tucker was paid for its services to perform the acts and
obligations of Trustee from and by the LFT.
Respondent DUNHAM
TRUST COMPANY,
hereinafter DTC, maintains its
principal place of business at 1 East Liberty Street, 6th Floor, Reno,
Nevada 89504 with a telephone number of 775-686-6011 and fax number of
775-686-6042.
Respondent COOKE,
ROBERTS & REESE, LTD. is a law firm that is engaged in the practice of
law and providing legal services, advice, and counsel to clients in
the State of Nevada.
Respondent COOKE,
ROBERTS & REESE, LTD., hereinafter CR&R,
maintains its principal place of business at 421 Court Street, P. O. Box 2229, Reno,
Nevada 89505 with a telephone number of 775-329-1766, fax number of
775-329-2432.
Respondent CR&R entered into a contract and agreement to provide proper, lawful, and ethical legal services, counsel and advice to LFT Trustees on September 1, 1983, and have continually
provided attorneys for LFT Trustees since that date.
Respondent CR&R was paid for legal services, counsel, and advice to Trustees by the LFT out of both income and
principal. NRS §164.330 and NRS §164.340.
Respondent David J. Reese is an attorney admitted to practice
law in the State of Nevada and is licensed to provide competent, lawful,
and ethical legal services, counsel, and advice to contracted clients under Nevada Bar license
#770.
Respondent David J. Reese, hereinafter REESE, is an owner in CR&R and maintains his office and
practice at 421 Court Street, P. O. Box 2229, Reno, Nevada 89505 with a
telephone number of 775-329-1766, fax number of 775-329-2432.
Respondent REESE contracted with LFT Trustees to provide legal services, counsel, and advice and was paid for such services by the LFT out
of both income and principal. NRS §164.330 and NRS §164.340.
Respondent GRANT
THORNTON, LLP is a large multinational accounting firm and partnership
authorized to transact the business of accounting for contracted clients in the
State of Nevada.
Respondent GRANT
THORNTON, LLP hereinafter Grant Thornton, and
its partners maintain an office at 100 West Liberty Street, Suite 770, Reno, Nevada with
a telephone number of 775-786-1520, fax number of 775-786-7091.
Respondent Grant Thornton used the services of MURPHY as a senior
partner, as assurance partner and as Certified Public Accountant to provide
accountings and accounting services to clients in Nevada including the LFT.
Respondent Grant Thornton contracted with LFT Trustees to provide truthful, accurate, and ethical accounting services to and for the LFT and was
paid for its services by the LFT.
Respondent Grant Thornton used
the services of its partner and Certified Public Accountant MURPHY to provide accounting services to
and for the LFT while knowing that MURPHY was also one of the Trustees of the LFT.
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