Safina v. Sorensen CA2/6

Filed 12/1/15 Safina v. Sorensen CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

WILLIAM SAFINA, 2d Civil No. B259237 (Super. Ct. No. 1403000) Plaintiff and Appellant, (Santa Barbara County)

v.

LAWRENCE T. SORENSEN, as Trustee, etc.,

Defendant and Respondent;

GERALDINE FREEMAN,

Real Party in Interest and Respondent.

Michael Safina died. At the time of his death he was in a 48-year relationship with Geraldine Freeman whom he considered his wife in all but name. Two years after his burial, his surviving brother, William Safina,1 placed a headstone on the grave bearing the inscription "BELOVED BROTHER." Freeman had requested the inscription "OUR BELOVED MIKE." Unable to obtain an agreement on the inscription, Lawrence T. Sorensen, the trustee of Michael's trust, proposed that the headstone simply bear Michael's name along with the dates of his

1 To avoid confusion, we shall refer to Michael Safina and his siblings by their first names.

birth and death. William, with whom Michael and Freeman had a contentious relationship, refused. Sorensen petitioned for an instruction to allow the modification. William objected, contending that Health and Safety Code section 71002 controlled and gave him the power to make the decision. We affirm the trial court's order granting Sorensen's request. FACTS AND PROCEDURAL BACKGROUND Michael died on April 4, 2012. At that time, he had three living siblings, William, Abraham Safina and Bertha Berston. He had no surviving spouse, children or parents. Prior to his death, Michael amended his trust to disinherit William and Abraham and to name Freeman as the sole remainder beneficiary. William and Abraham filed a trust contest action to invalidate the amendment, among other things. That petition is pending along with four other actions involving Michael's estate. Sorensen is the temporary trustee of Michael's trust and the special executor of his estate. Michael was interred at Santa Barbara Cemetery. Consistent with Jewish custom, William and Abraham planned to place a headstone on Michael's grave a year after his death. They proposed to include the inscription "Our Beloved Brother," but Freeman wanted "Our Beloved Mike." Before an accord could be reached, Abraham died. Nearly two years after Michael's death, Sorensen sent an email to William's counsel, with Freeman's approval, proposing that they erect a headstone simply bearing Michael's name and the dates of birth and death. The next day, William unilaterally placed a headstone on the grave that included that information plus the inscription "BELOVED BROTHER" and a Masonic symbol. According to William, all three brothers were freemasons. Freeman, who visits the grave daily, objected to the stone. She claimed the inscription is an affront to her long-term