Timothy John Kibbey v. James Andrew Kibbey

I. INTRODUCTION

This case involves a trust dispute between two brothers, Plaintiff Timothy John Kibbey (“Plaintiff”) and Defendant James Andrew Kibbey (“Defendant”). Defendant is the Successor Trustee (“Trustee”) of the Kibbey Family Trust (“Trust”) and Plaintiff brings this action against him both in his individual capacity and in his capacity as successor Trustee of the Trust. On February 18, 2021, Plaintiff filed a complaint seeking removal of Defendant as Trustee and to compel an accounting of the Trust. (ECF No. 1.) Plaintiff’s complaint also included claims against the Trustee individually for breach of fiduciary duties, a request for surcharge for breach of trustee and fiduciary duties, elder/disabled person financial abuse, embezzlement, and negligence. On April 19, 2021, Plaintiff filed a First Amended Complaint (“FAC”) for the same causes of action. (ECF No. 22.) Presently before the Court are Defendant’s Motion to Remand to the Arizona Probate Court and Plaintiff’s Motion to Immediately Remove Successor Trustee, or in the Alternative, to Freeze Defendant’s Ability to Spend Trust Monies Without Court Approval. For the following reasons, the Court DISMISSES Plaintiff’s…