California Court of Appeal

In case where decedent's former wife and children filed safe harbor petitions to eliminate their forced election of either enforcing their rights through creditor's claims or taking the gifts under the trust at issue, a finding that creditor's claims would violate the no-contest clause is affirmed, but a finding that an order to show cause for modification of the child support due under a marital judgment would not violate the clause is reversed as a creditor-s claim is a prerequisite to an application for an order to show cause to modify child support.

Appellate Information

• Decided 05/25/2007
• Published 05/25/2007

Judges

• VOGEL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Paul F. Cohen, Paul F. Cohen, Liza Amtmanis, Los Angeles;  Law Offices of Gordon B. Cutler and Gordon B. Cutler, Los Angeles, for Plaintiff and Appellant Jacqueline S. Colburn., Mitchell Silberberg & Knupp, Allan B. Cutrow and Karl de Costa, Los Angeles, for Plaintiff and Appellant Barbara D. Bergstein.


• For Appellees:
  
• Loeb & Loeb, Stuart P. Tobisman, David C. Nelson and Alyse N. Pelavin, Los Angeles, for Defendants and Appellants.