Del Pozo v. Lemke CA4/1

Filed 6/29/23 Del Pozo v. Lemke CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ELIZABETH S. DEL POZO, as Trustee, D080312 etc.,

Plaintiff and Respondent, (Super. Ct. No. 37-2017- 00000227-PR-TR-CTL) v.

RICHARD G. LEMKE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Jeffrey S. Bostwick, Judge. Affirmed. Richard G. Lemke, in pro. per., for Defendant and Appellant. Brierton, Jones & Jones, Gary D. Jander, and Ricsie M. Hernandez for Plaintiff and Respondent.

Richard G. Lemke, former trustee of the Moore Family Trust, appeals a minute order of the probate court requiring him to pay a fiduciary bond premium to forestall the sale of real property held by the trust, which Lemke seeks in the underlying probate case. Lemke, who is self-represented, has

not shown the court erred by ordering the payment. Accordingly, the order is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND1 As outlined in the prior opinion of this court in this case, Del Pozo v. Lemke (July 19, 2022, D078673) [nonpub. opn.], Marvin G. Moore and Lorraine L. Moore executed the Moore Family Trust in 2004. Lorraine had four children, including Chas Moore Rundberg and Diane Marie Ferguson Bosio. In 2015, Marvin and Lorraine executed an amendment to the trust appointing Lorraine’s daughter Bosio as first successor trustee and her son Rundberg as second successor trustee. Shortly after Lorraine’s death in 2015, Marvin executed an amendment to the trust, and appointed Lemke as successor trustee. The following year, Marvin passed away. Bosio and Rundberg initiated the underlying probate case in January 2017 by filing a petition to remove Lemke as trustee. The petition alleged that Lemke, who Bosio and Rundberg had no former knowledge of, was not qualified to serve as trustee and that he was hostile to them as beneficiaries of the trust. The next month, Bosio and Rundberg filed an ex parte application seeking the appointment of an independent fiduciary to serve as trustee and