Quijano v. Cayton CA2/4

Filed 1/30/25 Quijano v. Cayton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

EDUARDO QUIJANO, B332750

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 21STCV05410) v.

MARLO and MICHELLE CAYTON,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa A. Beaudet, Judge. Affirmed. The Bucklin Law Firm and Stephen Loomis Bucklin for Plaintiff and Appellant. Lageroff, Matthew J. Pero and Robert A. Bailey for Defendants and Respondents.

INTRODUCTION Following the death of his spouse, Eduardo Quijano (Quijano) filed a civil action to recover alleged community property that his spouse gifted or devised to her children without his consent. Decedent’s daughters from a previous marriage were the only defendants named in Quijano’s action. The trial court granted summary judgment to the daughters, concluding that under Probate Code section 170001 it did not have jurisdiction over the case because Quijano’s claims concerned the internal affairs of decedent’s trust. As Quijano has not established any error by the trial court, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND I. Parties Quijano and Elma Cayton (Elma2 or decedent) were married from 1998 until Elma’s death on December 27, 2020. Elma had two daughters from another marriage, Marlo and Michelle Cayton (the Caytons).

II. Quijano’s Complaint Shortly after Elma died, Quijano filed a civil complaint against the Caytons. Quijano’s complaint alleged that he holds a community property interest in decedent’s estate, particularly in a convalescent hospital, residential care facility, and other real and personal property owned by decedent. Quijano alleged that decedent improperly gifted, devised, or otherwise transferred this community property to the Caytons without his