Shabani v. Burton CA2/3

Filed 3/17/21 Shabani v. Burton 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

JOSEPH SHABANI, B301371

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BC696195 v.

CAL BURTON, as Successor Trustee, etc.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stuart M. Rice, Judge. Appeal dismissed. Collins Collins Muir + Stewart and James C. Jardin, for Defendant and Appellant. Law Offices of Saul Reiss, Saul Reiss and Fay Pugh for Plaintiff and Respondent. _______________________________________

INTRODUCTION

Appellate jurisdiction is defined by statute. (Code Civ. Proc., § 904.1.) With certain exceptions not relevant here, appellate jurisdiction requires a final judgment that resolves all claims and issues between the parties to the appeal. Jurisdiction is lacking in the present case and we therefore dismiss the appeal.

FACTS AND PROCEDURAL BACKGROUND

Although the underlying proceedings in this civil case and tandem probate proceedings have consumed a great deal of time and paper, the essential facts necessary to our opinion are straightforward. In 1998, Julius Burton, Sr. and Christopher Burton created a trust (Burton trust) and transferred to the trust, as relevant here, several pieces of real property located on Crenshaw Boulevard in Los Angeles (Crenshaw properties). The Burton trust authorized the trustee to sell or otherwise dispose of trust property. In 2007, after the death of both trustors, Regions Bank became the trustee of the Burton trust. Regions Bank, as trustee of the Burton trust, entered into an agreement with plaintiff Joseph Shabani (plaintiff) in July 2013 concerning the purchase of the Crenshaw properties. Plaintiff fully performed under the agreement by depositing funds into escrow and removing contingencies as required. Regions Bank did not complete the transaction and subsequently stipulated to the appointment of Cal Burton as successor trustee of the Burton trust. The probate court approved the appointment. Cal Burton refuses to proceed with the sale.