Estate of Kelly CA2/3

Filed 1/20/22 Estate of Kelly 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).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

Estate of Eugene C. Kelly, B307908 Deceased.

KERRY KELLY NOVICK et al., Los Angeles County Super. Ct. No. Petitioners and Respondents, 17STPB10219

v.

PATRICIA WARD KELLY, as Trustee, etc.,

Objector and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daniel Juarez, Judge. Affirmed. Harder, Henry L. Self III and Dilan A. Esper for Objector and Appellant. Marshall & Associates, John A. Marshall and Rodger C. Jensen for Petitioners and Respondents. _______________________________________

INTRODUCTION

Patricia Ward Kelly (Mrs. Kelly), as trustee of the Eugene C. Kelly Image Trust (Image Trust), appeals from an order assessing monetary sanctions against her in connection with her unsuccessful motion for a protective order. The probate court found the discovery at issue was reasonably calculated to lead to the discovery of admissible evidence and did not seek personal financial information, denied Mrs. Kelly’s motion for a protective order, and assessed $6,300 in sanctions against her. We affirm the sanctions order.

FACTS AND PROCEDURAL BACKGROUND

Eugene C. Kelly (Kelly) was known for his performances in films such as Singin’ in the Rain (Metro-Goldwyn-Mayer 1952) and An American in Paris (Metro-Goldwyn-Mayer 1951). In 1992, Kelly created the Eugene C. Kelly Family Trust which upon his death called for trust property to be divided into three separate portions. At issue here is the property held by the Image Trust consisting of the following: all rights to Kelly’s name, image, and likeness; all rights under collective bargaining agreements regarding any artistic, literary, or intellectual work or performance created in whole or in part by Kelly; and any other rights of publicity recognized or created upon Kelly’s death. Kelly died in 1996. Mrs. Kelly is his widow. Kerry Kelly Novick, Timothy J. Kelly, and Bridget J. Kelly (collectively, the children) are Kelly’s children and beneficiaries of the Image Trust. As such, the children are entitled to income generated by the Image Trust. In addition to being a beneficiary of the Image Trust, Mrs. Kelly has been its trustee since 1996. As trustee, Mrs. Kelly has a duty to keep the children reasonably informed of