Schorn v. Young CA3

Filed 4/30/15 Schorn v. Young CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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) ----

SHERMAN SCHORN,

Plaintiff and Appellant, C075155

v. (Super. Ct. No. 95PR01530)

CAROLYN YOUNG, as Trustee, etc.,

Defendant and Respondent.

The William Schorn, Jr., Trust was established in 1992, and in 1995 Carolyn Young was appointed successor trustee. In 2011 the probate court terminated the trust and discharged Young as successor trustee. But in 2013 Sherman Schorn filed a petition to reopen the trust estate and to reappoint Young as successor trustee to address Schorn’s concerns regarding a loan. The probate court denied Schorn’s petition. Schorn now contends the trust estate should be reopened and Young should be reappointed as successor trustee to address his concerns regarding the loan.

1

We conclude Schorn’s contention is precluded by the res judicata effect of the probate court’s prior order approving Young’s accounting, authorizing her to distribute property to Schorn subject to encumbrances, and discharging her as successor trustee. We will affirm the judgment. BACKGROUND The record on appeal does not include a reporter’s transcript. Accordingly, we treat this as a “judgment roll” appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082- 1083; Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 207.) The limited record we have establishes the following: In 2007, Young, as successor trustee of the trust, obtained a loan secured by real property held by the trust as authorized by the probate court. Schorn was aware of the loan. On September 1, 2011, the probate court entered an order settling the third accounting and report of the successor trustee and terminating the trust.1 As part of that order, Young was authorized to distribute the trust’s real property to Schorn, subject to encumbrances. Moreover, in settling the third accounting and report, the probate court “ratified, confirmed and approved” all of Young’s acts and transactions as successor trustee as set forth in the accounting and report and relating to the matters set forth in the accounting and report, and discharged Young as successor trustee and released her from all liability incurred thereafter. In August of 2012, Schorn received a letter from the lender informing him that the loan was delinquent. Thereafter, in August of 2013, Schorn petitioned the probate court