Muessig v. Muessig

Opinion

HAERLE, J. I. INTRODUCTION

Appellant, Julia Muessig, and respondent, Michael Muessig, are the Estate of Regli’s only remaining potential beneficiaries. They have filed a motion seeking a “stipulated partial reversal” of several probate court orders. Because this request does not meet either the statutory guidelines set out in Code of Civil Procedure, section 128, subdivision (a)(8),1 or rule 8 of this court’s local rules, the motion is denied.

[880]II. FACTUAL AND PROCEDURAL BACKGROUND

On October 29, 2003, the probate court issued an order settling the final account of David Hitchcock, the estate’s administrator, and ordered the estate’s final distribution. At the same time, the court also rejected objections filed by appellant and respondent, both of whom contended that there were discrepancies in various accountings filed by Hitchcock. In two separate orders, the court ruled that these objections were time-barred, because appellant and respondent had both received notice of the matters to which they were now objecting. These orders are the subject of the appeals in A104772 and A105254.

III. DISCUSSION

David Hitchcock, whose activities both appellant and respondent unsuccessfully challenged below, was removed as the estate’s administrator on March 18, 2004. Respondent became the estate’s administrator. Respondent and appellant, as we have earlier noted, are the estate’s remaining two beneficiaries. Respondent and appellant now seek this court’s approval of a stipulated reversal of those portions of the trial court’s orders finding that their earlier objections to Hitchcock’s accountings were untimely and approving the final reports of the administrator and ordering the administration of the estate concluded. We decline to do so.

Section 128, subdivision (a)(8), provides that an appellate court may accept and confirm the stipulated reversal or vacation of a judgment only if it finds that “(A) There is no reasonable probability that the interests of nonparties or the public will be adversely affected by the reversal, [f] (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement.” Additionally, this court’s local rules provide that the parties seeking the stipulated reversal must file with their motion a joint declaration that “(1) describes the parties and the factual and legal issues presented at trial; (2) indicates whether the judgment involves important public rights or unfair, illegal or corrupt practices, or torts affecting a significant number of persons, or otherwise affects the public or a significant number of persons not parties to the litigation (if the judgment is against a state licensee, the declaration must also disclose whether it exposes such person to any possible disciplinary proceeding); and (3) discloses whether the judgment sought to be reversed may have collateral estoppel or other effects in potential future litigation and, if so, whether any third parties who might be prejudiced by stipulated reversal of the judgment have received notice of the motion therefor.” (Ct. App., First Dist., Local Rules, rule 8 (Local Rule 8).)