Richert v. Colvin CA5

Filed 10/11/22 Richert v. Colvin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SHIRLEY R. RICHERT, F083141 Plaintiff and Respondent, (Super. Ct. No. BPB-20-002505) v.

KERRY COLVIN, OPINION Defendant and Appellant.

APPEAL from an order of the Superior Court of Kern County. Andrew Kendall, Commissioner. Law Offices of Young & Nichols and Michael R. Young, for Defendant and Appellant. Van Sciver Law and Kurt Van Sciver, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant Kerry Colvin (Colvin) is the sole trustee (and only surviving settlor) of “The K. Colvin & S. Arnold Revocable Trust” (trust). Respondent Shirley R. Richert aka Teddy Richert (Richert) is a remainder beneficiary of the trust, and named successor trustee of the trust. Colvin appeals from a July 16, 2021 order of the Kern County Superior Court, sitting in probate, in which it (1) suspended Colvin’s powers as trustee of the trust, (2) appointed Richert as interim successor trustee of the trust pending resolution of the underlying litigation, (3) directed Colvin to turn over trust assets and records to Richert, and (4) precluded Richert from selling, liquidating, mortgaging, or leasing trust properties absent further order of the court but allowed Richert to collect rents on the trust properties (subject order). We dismiss the appeal on the ground the subject order is not a final order and, therefore, is not appealable. PROCEDURAL AND FACTUAL SUMMARY We set forth a detailed summary of the facts surrounding the creation and administration of the trust during all times relevant in Colvin’s related appeal in Richert v. Colvin, F082620 (related appeal).1 Thus, a brief synopsis of those facts along with any additional relevant facts presented by the parties will suffice for purposes of the present appeal. Colvin and Richert are siblings. In 2010, their mother, Shirley A. Arnold (mother) and Colvin created the trust. During their joint lifetimes, mother and Colvin were the only vested beneficiaries of the trust and were entitled to use both principal and interest of the trust assets for their own, respective benefits.