Conde v. Gibbs CA2/6

Filed 10/3/22 Conde v. Gibbs CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

H. VICTOR CONDÉ, 2d Crim. No. B314567 (Super. Ct. No. 17PR0046) Plaintiff and Appellant, (San Luis Obispo County)

v.

MICHELE GIBBS et al.,

Defendants and Respondents.

H. Victor Condé appeals the trial court’s order surcharging him $25,194 for unsupported disbursements and disallowed fees he claimed to have incurred as trustee of a family trust. Appellant contends that he offered sufficient evidence to substantiate the disallowed fees and that the court misapplied the law. We conclude that appellant has forfeited his claims by failing to provide this court with an adequate record and failing

to comply with rules 8.204(a)(1)(B) and 8.204(a)(1)(C) of the California Rules of Court.1 Accordingly, we affirm. FACTS AND PROCEDURAL HISTORY In 2001, Robert Glen Gibbs established the Gibbs Family American Property Trust (the trust). Although Gibbs owned property and other assets in France, the trust was funded with stock worth approximately $590,000 and a mutual fund account with an approximate balance of $140,000. In October 2014, due to Gibbs’s incapacity, appellant was appointed as trustee of the trust. Gibbs’s daughters, respondents Michele Gibbs and Julie Gibbs, became sole beneficiaries of the trust in 2015 after Gibbs died and his wife disclaimed any interest in the trust. After appellant filed his first account and report indicating that he had received more than $50,000 in trustee-related disbursements and fees from the trust, which included claimed expenses for several trips he took to France to interview Gibbs’s wife, respondents objected to certain expenditures (including all of the expenditures related to Condé’s trips to France) and the overall amount of fees charged. On December 13, 2017, following a lengthy evidentiary hearing the trial court issued a detailed ruling in which it disallowed and surcharged appellant a total of $25,194, consisting of “$12,564 for unsupported disbursements in his account and $12,630 for disallowed trustee fees.” The court also ordered respondents to prepare a judgment on the court’s ruling. Respondents, who were no longer represented by counsel, sent the court a proposed judgment in February 2018. The document was rejected because it did not comply with the local