Jaime v. Lopez CA5

Filed 10/5/21 Jaime v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JUDITH JAIME, as Successor Trustee, etc., F080872 Plaintiff and Appellant, (Super. Ct. No. BPB-16-002416) v.

GARY LOPEZ, OPINION Defendant and Respondent.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Dessy & Dessy, Ronald D. Dessy and Fawn Kennedy Dessy for Plaintiff and Appellant. Gary Lopez, in propria persona, for Defendant and Respondent. -ooOoo- Judith Jaime, plaintiff and successor trustee of The Revocable Living Trust of Frank C. Lopez and Ruby E. Lopez, appeals from adverse aspects of the trial court’s ruling on her First Account and Report and supplement thereto, and on beneficiary Gary

* Before Detjen, Acting P. J., Snauffer, J., and DeSantos, J.

Lopez’s objections. Ultimately, Jaime fails to demonstrate any colorable legal issue or abuse of discretion for our review. Finding her arguments unpersuasive, we affirm. FACTS Jaime did not request a reporter’s transcript on appeal as she “does not question the factual findings” set forth in the trial court’s February 10, 2020, order. We summarize the trial court’s findings below: Settlors Frank C. Lopez and Ruby E. Lopez executed the Revocable Living Trust of Frank C. Lopez and Ruby E. Lopez on November 30, 1988 (the Trust). Defendant and respondent Gary Lopez, along with Jaime, were Trust beneficiaries. After Frank’s death, Ruby amended the Trust to appoint Jaime as successor trustee, whereas Jaime and Gary were originally appointed successor co-trustees. After Ruby’s death on November 20, 2015, Jaime succeeded Ruby as trustee, and the Trust became irrevocable. Jaime, as successor trustee, then filed an unlawful detainer action to remove Gary from Ruby’s former residence, which belonged to the Trust, because Gary occupied the property without paying rent. Following a trial which began on May 26, 2016, the court ruled in Jaime’s favor; however, to enforce the judgment, Jaime had to use Trust assets to remove Gary after he refused to vacate the property. During the unlawful detainer action, on May 16, 2016, Gary filed a petition to invalidate the Trust amendment designating Jaime as sole successor trustee. Attorney fees and costs accumulated for more than two years until November 6, 2018, when the court upheld the Trust amendment. On March 22, 2018, while the unlawful detainer action was ongoing, Jaime, as successor trustee, filed her First Account and Report; she filed a supplement to the Account on October 2, 2019. The Account and its supplement covered from November 10, 2015 through August 7, 2019. Meanwhile, on November 28, 2018, Gary, in his capacity as a Trust beneficiary, filed the objections which form the core of this case.