California Court of Appeal

Findings that paid live-in companion for deceased, who inherited entire estate, had exercised undue influence to make herself the sole beneficiary of trusts, wills and annuities, that deceased lacked legal capacity when she executed trusts and annuity contracts, and that appellant was a care custodian and thus disqualified as a beneficiary, are affirmed where appellant failed to rebut the presumption of undue influence which arose from undisputed evidence that she was a care custodian.

Appellate Information

• Decided 11/28/2006
• Published 11/28/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jones & Lester, Mark A. Lester, Oxnard, and Scott M. Olken, for Petitioner and Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Belinda Johns, Senior Assistant Attorney General, James M. Cordi, Supervising Deputy Attorney General, Tania M. Ibanez, Deputy Attorney General;  Rodriguez, Horii & Choi, Reynolds T. Cafferata, Los Angeles;  Swan, Carpenter, Wallis & McKenzie, Kevin A. McKenzie, Sun City;  Benedon & Serlin, Gerald M. Serlin and Douglas G. Benedon, Los Angeles, for Contestants and Respondents.