California Court of Appeal

Trial court's order granting "safe harbor" to plaintiff's son to file a proposed petition in probate court challenging plaintiff's status and actions as trustee of two trusts in which the son is a beneficiary, is reversed where: 1) the trial court erred in finding that the trust's "no contest" clause did not apply to the subtrusts and the proposed petition did not constitute a "contest" under the terms of that clause; but 2) the trial court correctly concluded that the son's request to remove plaintiff as trustee "for cause" did not violate the "no contest" clause because the trust does not prohibit an action to remove an individual trustee, for cause or otherwise.

Appellate Information

• Decided 12/14/2010
• Published 12/14/2010

Judges

• ARONSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul D. Velasco, Justin J. Lowe