Steller v. Richmond CA4/1

Filed 9/25/25 Steller v. Richmond CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ROBERT STELLER, D085069

Respondent,

v. (Super. Ct. No. D549814)

TIMOTHY RICHMOND, as Trustee, etc.,

Appellant.

APPEAL from an order of the Superior Court of San Diego County, Christopher S. Morris, Judge. Affirmed. McCullough Law and Carlee Marie McCullough, for Appellant. Robert A. Steller, in pro. per., for Respondent.

INTRODUCTION Appellant Timothy Richmond, as trustee and successor in interest of the Sandra L.H. Steller Trust, filed a petition in the family court pursuant to

Probate Code1 section 850, seeking an order confirming as trust assets

1 Undesignated statutory references are to the Probate Code.

property subject to the marriage settlement agreement between Robert and Sandra Steller. The family court found it could not appropriately hear the matter involving trust property and denied the petition. Richmond appeals, arguing the family court erred by finding it lacked jurisdiction to decide the petition. We reject Richmond’s arguments and affirm. FACTUAL AND PROCEDURAL BACKGROUND Robert and Sandra Steller married in May 1982. The Stellers separated in June 2014, and, that same month, Robert filed for divorce. In May 2018, the Stellers entered into a marriage settlement agreement, the terms of which provided for each to receive specified financial assets and personal property. The family court approved the marriage settlement agreement, and it entered judgment of dissolution in December 2018. A guardian ad litem represented Sandra during the negotiation of the marriage settlement agreement. In June 2018, the month after entering into the marriage settlement agreement, Sandra executed a trust. She named appellant Richmond as trustee and successor trustee, and sole beneficiary. The trust identifies as trust assets two bank accounts, a vehicle, and “[a]ny and all assets, properties, [and] proceeds” from the Stellers’ marriage settlement agreement. Sandra passed away in April 2020. In July 2021, Richmond filed in the Stellers’ family court action a motion to substitute in as successor in interest on Sandra’s behalf and to enforce the family court’s judgment. In October 2021, the family court granted Richmond’s motion to substitute. However, Richmond took no additional action on his motion to enforce the judgment. More than two years later, in December 2023, Richmond filed in the Stellers’ family court action a petition to confirm trust property under