Wertz v. Weigman CA4/3

Filed 9/6/22 Wertz v. Weigman 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

VICTORIA WERTZ, as Trustee, etc.,

Plaintiff and Respondent, G060589

v. (Super. Ct. No. 30-2019-01066813)

DOROTHY WEIGMAN, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kim R. Hubbard, Judge. Affirmed. Motion for injunction. Denied. Dorothy Weigman, in pro. per., for Defendant and Appellant. Schmiesing, Blied, Stoddart & Mackey, Austin N. Dillon and Anthony G. Lagomarsino, for Plaintiff and Respondent. * * *

Dorothy Weigman appeals from the probate court’s order granting respondent Victoria Wertz’s petition to approve an accounting over Weigman’s objection. As explained below, Weigman has failed to show any prejudicial error. 1 Accordingly, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND On April 18, 2019, Wertz filed a petition for approval of an accounting of her administration of the Diana Engstrom Living Trust - 2007, from August 29, 2017 to January 2, 2019, and for an order approving the final distribution of the trust assets. The probate court docket shows Weigman, who was represented by counsel at the time, filed an objection to the petition on December 11, 2019, but the written objection is not in the record on appeal. From Wertz’s response to the objection, however, we can infer that Weigman objected on the ground that there are assets belonging to Diana Engstrom that are outside of the trust and that Engstrom created a second trust. In Wertz’s response, she submitted sworn declarations from herself, her husband and her counsel that they are not aware of any additional assets outside of the trust or a second trust. On December 4, 2020, the probate court scheduled a court trial on Wertz’s petition to begin on February 23, 2021. It ordered all documents “be filed five court days before trial.” On February 16, 2021, Wertz filed a trial brief in which she further responded to Weigman’s allegations. Wertz reiterated she is not aware of additional