Robinson v. Robinson CA2/5

Filed 12/31/24 Robinson v. Robinson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

WILLIAM J. ROBINSON et al., B332807

Plaintiffs and Appellants, (Los Angeles County v. Super. Ct. No. 20STPB02779) DEBORAH ROBINSON, as Trustee, etc.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Jessica A. Uzcategui, Judge. Dismissed. Foley & Lardner and William J. Robinson for Plaintiffs and Appellants. Kowal Law Group and Timothy M. Kowal for Defendant and Respondent. ________________________

Plaintiffs and appellants William Robinson and Michael Robinson purport to appeal from a statement of decision following a bench trial in favor of defendant and respondent Deborah Robinson, individually and in her capacity as trustee of a family trust, in this proceeding concerning the ownership of certain financial accounts.1 We conclude the statement of decision is a nonappealable order, and therefore, we dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

The parents of William, Michael, and Deborah established the Robinson Family Trust on April 19, 2007. After the death of both parents, Deborah became the successor trustee. In July 2020, Deborah, as trustee, filed her first and final account and a petition for instructions regarding joint tenancy accounts excluded from the trust (the accounting petition). In September 2020, William and Michael filed the operative second amended petition against Deborah, individually and as trustee, for breach of fiduciary duty, declaratory relief concerning ownership of bank accounts, conversion, removal of the trustee, and an accounting (the removal petition). A bench trial was held on both petitions beginning in May 2023. On September 18, 2023, the trial court issued an extensive final statement of decision on the accounting and removal petitions. The trial court gave the parties guidance on the issue of attorney fees and a briefing schedule for Deborah to file a