Robins v. Ferry CA4/3

Filed 6/22/16 Robins v. Ferry CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

NANCI S. ROBINS, Individually and as Trustee, etc., G051316 Plaintiff and Appellant, (Super. Ct. No. 30-2013-00683648) v. OPINION JOSEPH P. FERRY, as Administrator, etc., et al.

Defendants and Respondents.

Appeal from postjudgment orders of the Superior Court of Orange County, Kim R. Hubbard, Judge. Affirmed. Soto Law Group and Romelia DeDe Soto for Plaintiff and Appellant. Joseph P. Ferry, in pro. per., for Defendant and Respondent Joseph P. Ferry. Law Office of Alan D. Davis and Alan D. Davis for Defendant and Respondent Cathy Ostrow. Richard D. Cleary for Defendants and Respondents Desert Green Solar Farm LLC and Invenergy Solar Development, LLC. * * *

INTRODUCTION Nanci S. Robins (Robins) challenges the denial of an order to set aside letters of administration for the estate of Robins’s mother, Laura S. Sherman (Laura). We conclude the trial court did not err in denying the motion to set aside or vacate, and therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY Laura died on November 6, 2012. At the time of her death, Laura owned a one-third interest, as a tenant in common, of a parcel of real property located in Borrego Springs, California (the property). Desert Green Solar Farm LLC (Desert Green) owned an option to acquire the property and, as such, claimed to be a creditor of Laura. Desert Green filed a petition for appointment of an administrator for Laura’s estate. Desert Green alleged Laura had died intestate, and nominated Joseph P. Ferry to serve as the administrator. Ex parte petitions were also filed by Desert Green and Ferry to have Ferry appointed as a special administrator; one of Laura’s other daughters, Leslie Sherman, concurred in the nomination of Ferry as the administrator and the special administrator. The trial court granted the ex parte request to appoint Ferry as the special administrator on November 14, 2013, and, on December 19, 2013, entered an order appointing Ferry as the administrator with full authority under the Independent Administration of Estates Act (Prob. Code, § 10400 et seq.). Letters of administration were issued the same day. In September 2014, Robins filed a motion to set aside and vacate the probate orders appointing Ferry as the special administrator and as the administrator. The trial court denied Robins’s motion to set aside. Robins filed a timely notice of appeal.1