Moore v. Moore CA2/3

Filed 5/15/14 Moore v. Moore CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

TERRY MOORE, B244913

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. YP011627) v.

RICHARD MOORE, as Trustee, etc.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Dudley W. Gray II, Judge. Affirmed. Terry Moore, in pro. per., for Plaintiff and Appellant Robert A. Waddell for Defendant and Respondent.

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Plaintiff and appellant Terry Moore (Terry), in propria persona, appeals an April 4, 2012 order settling a trust accounting for the period spanning September 1, 2003 to December 6, 2011. We conclude Terry has not met his burden as the appellant to demonstrate prejudicial error and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts. Mike Moore (decedent) died testate on December 15, 1992. His will was admitted to probate on July 27, 1993. Richard Moore (trustee) is the trustee of decedent’s trust, which was established by decedent’s will. Terry and his sister Daphne Gail Moore Warner are decedent’s children. Decedent provided for them to receive distributions from the Trust based on their earnings, as follow: “At the end of each calendar year following my death, my children shall submit to my said trustee tax returns, certified by a certified public accountant, showing their gross income for said year. My Trustee shall, within thirty days of receipt of these certified tax returns, disburse from the trust to my daughter Daphne Gail Moore the sum of ONE DOLLAR ($1.00) for each dollar she has earned during the preceding calendar year and for my son Terry Lynn Moore, the sum of FIFTY CENTS ($0.50) for each dollar he has earned during the preceding calendar year.” 2. Proceedings. a. The December 14, 2011 hearing. On December 14, 2011, the parties were present in court on a petition by Terry to compel payment pursuant to tax returns that he submitted. The tax returns dated back nine years. Although Terry claimed to have earned $35,000 per year working as a neighborhood mechanic, he had no business records to support his claimed earnings. The trial court ruled “the burden would be on [Terry] to prove the legitimacy of those tax returns. I don’t believe they’re legitimate. There’s just insufficient evidence. [¶] And then more specifically, there’s no documentation to support it. And then secondly, the fact that the passage of time has gone by tends to suggest that it’s not