In Re Trust of Hazel N. Winchester, Established November 24, 2004

I. Background

On May 10, 2018, Petitioner Shelia Mitchell (“Mitchell or “Petitioner”) originally filed her petition concerning the Hazel N. Winchester 2004 Trust (the “Trust”) in May 2018 in Los Angeles County Superior Court, Probate Department (the “Probate Court”) pursuant to Probate Code §§ 17200(a) and 850. See Verified Petition for Relief in Case No. 18STPB04469 (“Petition” or “Pet.”) ¶¶ 1-11, ECF No. 1-1. The Petition accuses Respondent William Bernard Winchester (“William”) of engaging in a scheme to defraud and embezzle funds from the Trust with his childhood friend, Respondent Ronald McCoy (“McCoy”). Pet. ¶¶ 13, 24. Other Respondents purportedly provided loans to Respondents William and McCoy (or were parties to analogous instruments) based on their fraud. See Pet. ¶¶ 7-9; Notice of Removal ¶¶ 4-12, ECF No. 1. The Petition included causes of action for: (1) Breach of Trust; (2) Fraud; (3) Conversion; (4) Cancellation of Instruments; (5) Declaratory Relief to Confirm Trustee and Trust Property; (6) Declaratory Relief to Recover Property and Quiet Title (Probate Code § 850); and (7) Constructive Trust. Petition ¶¶ 37-100. On March 12, 2021,…