Simon v. Tarlow CA2/4

California Court of Appeal Feb 20, 2025 No. B334406Unpublished

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Holding. The court reversed the trial court's orders granting a motion for judgment on the pleadings and a supplemental petition for distribution because the underlying determination of standing was inconsistent with a companion appeal. The court held that a petition under Probate Code section 11700 must be adjudicated before a final distribution order under section 11600 can be issued.

Issues

Whether the trial court's orders granting a motion for judgment on the pleadings and a supplemental petition for distribution must be reversed in light of a companion appeal confirming the appellant's standing to file a petition under Probate Code section 11700.

Disposition. reversed

Quotations verified verbatim against the opinion

“Because a petition under section 11700 must be adjudicated prior to issuance of a distribution order, that holding requires reversal here as well.”

“a petition under section 11700 precedes a petition for distribution under section 11600”

“our decision that Simon is entitled to bring his section 11700 petition requires that the trial court’s subsequent contested distribution orders be vacated as well.”

Filed 2/20/25 Simon v. Tarlow CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

Estate of BARRY TARLOW, B334406 Deceased. (Los Angeles County DAVID HENRY SIMON, Super. Ct. No. 21STPB05851)

Appellant,

BARBARA TARLOW RAPPOSELLI and GERALD TARLOW,

Petitioners and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jessica Uzcategui, Judge. Reversed. Sheila Pendergast Law Corp. and Sheila W. Pendergast for Appellant. Polsinelli, John W. Peterson and J. Alan Warfield for Petitioners and Respondents.

INTRODUCTION This is the second of two appeals concerning the Estate of Barry Tarlow (Estate). The Estate included a gift to be held in trust for respondent Barbara Tarlow Rapposelli (Barbara),1 naming appellant David Henry Simon (Simon) as trustee. Barbara executed a disclaimer of the gift. Simon contested the disclaimer, both by filing a petition under Probate Code section 117002 and by objecting to two petitions for distribution filed by Barbara and her brother, respondent Gerald Tarlow (Gerald). The trial court ruled Simon lacked standing either to file his own petitions or to object to the petitions filed by Barbara and Gerald. The rulings were appealed separately; this appeal arises from the rulings on Simon’s objections to distribution. In the first appeal, we held Simon had standing to file a petition under section 11700. (Simon v. Tarlow, case No. B333665.) Because a petition under section 11700 must be adjudicated prior to issuance of a distribution order, that holding requires reversal here as well.

FACTS AND PROCEDURAL BACKGROUND I. The Will Barry Tarlow’s will, executed in November 2005 and subject to subsequent minor modifications in 2006, made a series of specific gifts and left the residue of the Estate to his sister Barbara and brother Gerald “in

Simon v. Tarlow CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

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