Estate of Thomson CA2/8

Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

Estate of LINDA THOMSON, Deceased. B253895

RICHARD THOMSON, as Special (Los Angeles County Administrator, etc., Super. Ct. No. KP013907)

Petitioner and Appellant,

v.

LORRAINE SHERZER,

Objector and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Reva G. Goetz, Judge. Affirmed.

Robert L. Kern and Russell A. Dalton, Jr., for Petitioner and Appellant.

Lorraine Sherzer, in pro. per., for Objector and Respondent.

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In this probate proceeding, petitioner Richard Thomson1 appeals from the probate court’s order denying his petition for the court to make certain determinations. We find no error and affirm.  FACTS AND PROCEDURE 1. Background Proceedings Decedent Linda Thomson was the mother of Cameron Thomson. Cameron and codefendants were charged in the killing of two teenagers in 2008, when Cameron was a minor. The parents of the deceased teenagers filed a civil suit naming Cameron and Linda as defendants, among others (the wrongful death action). The parents of the deceased teenagers are Lorraine Sherzer and Michael and Pamela Thompson (the wrongful death plaintiffs).2 Against both Cameron and Linda, the complaint alleged wrongful death, negligence, and intentional infliction of emotional distress. As to Linda, the complaint alleged she had negligently supervised Cameron and was also vicariously liable for his willful acts. The complaint additionally alleged assault and battery against Cameron. Linda tendered the defense of the wrongful death action to her homeowner’s insurance carrier, USAA Casualty Insurance Company (USAA). When USAA refused to defend the wrongful death action, Linda filed a suit against USAA for a declaration that the insurer had a duty to defend and indemnify her (the insurance action). In 2010, USAA agreed to pay the wrongful death plaintiffs the policy limit of $100,000. In exchange, they agreed to release their claims against Linda arising from the deaths of their children and dismiss the wrongful death action against her with prejudice. Linda also agreed to dismiss the insurance action against USAA.