0. Introduction
CODE: 3645 Patrick Christopher Lear 1805 North Carson Street #120 Carson City, Nevada 89701 Phone: 775-721-9643 Fax: 775-884-4211 In Propria Persona
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
PETITION TO SET ASIDE ACCOUNTINGS COMES NOW Patrick Christopher Lear, Petitioner, as named heir in the Estate of William Powell Lear and beneficiary of The William P. Lear and the Moya Olsen Lear Family Trust Agreement (LFT) dated March 9, 1978 and submits this Petition to Set Aside Accountings (Petition) for the years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 and 2004. Petitioner having been deprived of legal notice, Trust accountings and any other information regarding the LFT for a period exceeding twenty years, has recently discovered accounting omissions, errors, conversions and misappropriations as far back as 1978 which taint every LFT account submitted to this Court from that date and petitions this Court to set aside all of the LFT accounts since 1978 and more particularly from January 1983 to the present pursuant to NRS §165.120. Trustees Harold P. Dayton (deceased), James L. Murphy and Richard B. Rowley (deceased), while acting under the advice and counsel of COOKE, ROBERTS & REESE, LTD, David J. Reese, Esq. and in collusion with GRANT THORNTON, LLP and accountant James L. Murphy, failed, refused and neglected to properly administer the Lear Family Trust in accordance with the terms and conditions of the Last Will and Testament of William P. Lear, Sr., the William P. Lear and Moya Olsen Lear Family Trust Agreement, the Constitution and the laws of the State of Nevada, the Constitution and laws of the United States of America and to truthfully completely, honestly and accurately account therefore. As a result of the acts, omissions, negligence and maladministration of the LFT as complained of, Petitioner moves this Court to order and appoint a receiver to take possession and hold all property, assets, revenues, expenditures, accounts, books, papers and records of the LFT pursuant to N.R.S. §163.115(1)(d) and N.R.S. §153.031(m,) and that this Court Order LFT Trustees to post with this Court their performance bonds or other errors and omissions insurance to stand as surety for any acts, omissions, negligence or maladministration of the LFT. As a result of the acts, omissions and unethical conduct of COOKE, ROBERTS & REESE, LTD, David J. Reese in advising and counseling LFT Trustees in and during the maladministration of the LFT that this Court Order COOKE, ROBERTS & REESE, LTD, and David J. Reese, Esq., to post their errors and omissions insurance with this Court. As a result of the acts, omissions, negligence, and unethical conduct of GRANT THORNTON LLP and its partner and accountant James L. Murphy that this Court order GRANT THORNTON, LLP and accountant James L. Murphy to post their bond or errors and omissions insurance with this Court. As a result of the acts, omissions, negligence, maladministration and unethical conduct as set forth herein, Petitioner moves this Court to Order a true, correct, complete and accurate forensic audit of the LFT from March 9, 1978 to the present, by an independent, disinterested, impartial and bonded auditing company licensed to do business in Nevada and that it be entirely billed and charged against the Respondents if any negligence, unethical conduct, fraud, or unlawful acts be found that were proximately caused by the Respondents. Each and every allegation and paragraph herein is reiterated and incorporated in each and every section so as to show and establish Respondents' systematic scheme and continuing pattern of conduct. <continued on next page> |
