Byrnes v. Fischer CA1/3

Filed 7/17/13 Byrnes v. Fischer CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

ANTHONY BYRNES, as Trustee, etc., Plaintiff and Respondent, A132562 v. WAYNE FISCHER, (Sonoma County Super. Ct. No. SPR 78640) Defendant and Appellant;

ANDREA SULLIVAN et al., Defendants and Respondents.

Wayne Fischer, representing himself, appeals from an order filed on June 8, 2011, which, among other things, settled the first and final account of successor trustee Anthony Byrnes. He raises a number of contentions throughout his opening brief, apparently claiming that each one warrants reversal of the order. We disagree, and accordingly, affirm. FACTS A. Background On or about November 10, 1988, the 1988 Fischer Living Trust was created by Harold Fischer and Alice Fischer; their four children (Wayne Fischer, Juel Bortolussi, Kim Fischer, and Andrea Sullivan) were named beneficiaries of the trust. Following the death of Harold and Alice Fischer, their son Wayne Fischer became the sole trustee.

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On August 11, 2006, beneficiary Juel Bortolussi filed a petition to remove Wayne Fischer as trustee, for the appointment of a new trustee, and for an account. Similarly, in April 2007, beneficiary Andrea Sullivan filed a petition to remove Wayne Fischer as trustee, and for the appointment of a new trustee. Wayne Fischer, as trustee, presented an interim account and report of the administration of the trust, covering the period from November 13, 2004 to December 31, 2007. Beneficiaries Juel Bortolussi and Andrea Sullivan filed objections and amended objections to that account, which were opposed by Wayne Fischer. To resolve their dispute, all of the beneficiaries agreed to binding arbitration. The arbitrator William M. Andrews issued several orders in 2008 relating to the trust. On August 7, 2008, Wayne Fischer’s powers as trustee were suspended, and Anthony Byrnes, as temporary successor trustee, formally took control of the trust’s bank accounts on or about October 21, 2008. The superior court confirmed Byrnes’ appointment as temporary successor trustee. Wayne Fischer filed another interim trust account for the period January 1, 2008 through October 21, 2008. After several hearings, the arbitrator issued an award and order in September 2010, resolving the objections to both trust accounts filed by Wayne Fischer as trustee. On January 19, 2011, the superior court issued a judgment confirming the arbitrator’s award.