Green v. Green CA2/5

Filed 4/27/23 Green v. Green CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

IRWIN L. GREEN AND DOROTHY B316576 L. GREEN REVOCABLE 1998 TRUST (Los Angeles County Super. Ct. No. 16STPB01322) MATTHEW GREEN et al.,

Plaintiffs and Respondents,

v.

PAULA R. GREEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel Juarez, Judge. Affirmed. Paula R. Green, in pro. per.; Caldwell Law Firm and Larry J. Caldwell for Defendant and Appellant. Matthew Green, in pro. per., for Plaintiff and Respondent. Robert Green, in pro. per., for Plaintiff and Respondent. Garrett & Tully, Ryan C. Squire, and Ani Grigoryan for Court-Appointed Trustee Michael Augustine.

Dorothy Green (Dorothy) and Irwin Green (Irwin) established the Irwin L. Green and Dorothy L. Green Revocable 1998 Trust (the Trust). This is the second appeal arising from litigation involving Dorothy and her three adult children: Paula Green (Paula), Matthew Green (Matthew), and Robert Green (Robert). In the previous appeal, Green v. Cohen (Feb. 11, 2021, B289909) [nonpub. opn.] (Green I), we held Dorothy’s purported revocation of the Trust and transfers of Trust property were invalid and we ordered Dorothy and Paula to return Trust property. We also reversed in part and remanded for the trial court to recalculate the amount owed by Paula. In this appeal from the judgment amended to reflect this recalculated amount, Paula asks us to decide whether the trial court should have revisited its original findings regarding the validity of purported transfers of Trust property.

I. BACKGROUND1 A. Dorothy and Paula’s Actions Before and After Irwin’s Death At the time of Irwin’s death in March 2016, the Trust’s largest assets were a $440,000 life insurance policy insuring Irwin’s life, a home on Mandeville Canyon Road in Los Angeles (the Mandeville property), and a home on South Glenroy Avenue, also in Los Angeles (the Glenroy property). The Trust provides that, upon the death of either Irwin or Dorothy, the estate is to be divided into two separate trusts, the survivor’s trust and the decedent’s trust. The surviving spouse is