Tyson v. Tyson CA1/2

Filed 12/19/25 Tyson v. Tyson CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

ARON TYSON, Plaintiff and Appellant, A169953 v. KARIN TYSON et al., (Alameda County Super. Ct. No. RG21089962) Defendants and Respondents.

Aron Tyson, representing himself, timely appeals from a February 5, 2024 signed minute order dismissing his civil complaint for “[p]roperty [d]amage” and “[l]oss of [u]se of [p]roperty” without prejudice to his ability to bring his claim in Probate Court. No respondent’s brief has been filed. The trial court’s order states: “Matter is not reported [¶] 9:13 a.m. Court and Counsel are present in open court. [¶] Plaintiff is sworn. “This matter was scheduled for trial. Plaintiff filed a pro se Complaint against Defendants alleging a single cause of action for fraud. No factual allegations were contained in the Complaint. However, at the prior hearing, Plaintiff explained that the instant dispute concerns property, a duplex in Oakland, that belonged to his sister, Jeanette Tyson Anthony (‘Jeanette’). In addition, Plaintiff indicated that there was there [sic] was a prior probate action concerning Jeanette’s trust and the disposition of the duplex.

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“As explained in Mozell v. Tyson, A148399, 2017 WL 1435722 (First. Dist., Div. 5, 4/24/2017) [the unpublished opinion on an appeal by another party in the probate case], Jeanette’s trust left the duplex equally to her son Vincent Mozell and her niece Karin Tyson. The trust created a life estate for Albert Tyson (‘Albert’), who is Ms. Tyson’s brother, and a 5-year term estate to Andew Anthony, Jeanette’s husband. Albert’s life estate was conditioned upon paying Plaintiff Aron Tyson (Jeanette’s other brother) the sum of $400 per month. Trustee could not sell the property until after the deaths of Albert and Aron. “During the hearing, Plaintiff’s counsel explained that Plaintiff is not claiming that he [has] any possessory interest in or right to the duplex. Rather, Plaintiff’s position is that Plaintiff has not been paid $400 per month, as required by the trust and that he seeks to compel payment of that amount. “After discussing the matter with counsel, the Court concluded that Plaintiff’s claim is more appropriately brought in probate court because it is based on rights provided by the [sic] Jeanette’s trust. Without objection, the Court dismissed the instant action without prejudice to Plaintiff’s ability to bring his claim in Probate Court. “The Court orders the Complaint filed by Tyson on 02/26/2021 dismissed without prejudice.” Tyson has filed a corrected opening brief arguing that the house was sold in the probate proceedings without his knowledge, thereby forfeiting his share of the estate, he received no proceeds from its sale, he was named as a John Doe in the probate proceedings but is not deceased and would like to explain his case to a judge because he would like his mother’s house back.