Estate of Brazeal CA3

Filed 3/21/25 Estate of Brazeal CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

Estate of DEWEY MICHAEL BRAZEAL, SR., C100042 Deceased.

CAROLYN PUSCHMAN, as Successor Trustee, etc., (Super. Ct. No. 34-2012- 00129898-PR-LS-FRC) Petitioner and Respondent,

v.

KARI PACE et al.,

Objectors;

SHAUN SMITH,

Movant and Appellant.

1

CAROLYN PUSCHMAN, as Successor Trustee, etc., C100045

Plaintiff and Respondent, (Super. Ct. No. 34-2012- 00130013-PR-TR-FRC) v.

KAREN BRAZEAL, as Successor Trustee, etc., et al.,

Defendants;

SHAUN SMITH,

Movant and Appellant.

In these consolidated appeals, movant and appellant Shaun Smith challenges the trial court’s orders denying his motions to set aside judgment in two cases, which determined the ownership of real property located in Elk Grove (Elk Grove property). The petitions in the underlying cases did not name Smith, or his limited liability company STS Integrity, LLC (Integrity), as a party; he was not served with the petitions; and the judgments do not name him as a party nor were the notices of entry of judgment served on him. On appeal, Smith argues the trial court erred by finding the judgments were valid on their face and his motions were untimely. He also challenges the trial court’s failure to expunge a judgment and notices of pendency of action from the Elk Grove property’s chain of title. We affirm. FACTUAL AND PROCEDURAL BACKGROUND1 Monna Sue Ayers owned various real and personal property her son Dewey Michael Brazeal, Sr., transferred to himself or his own trust prior to his death. In