Stephenson-Cocke v. Cocke CA2/6

Filed 6/24/24 Stephenson-Cocke v. Cocke CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THERESA STEPHENSON-COCKE, 2d Crim. No. B328830 (Super. Ct. No. 17PR-0378) Plaintiff and Respondent, (San Luis Obispo County)

v.

HUGH J. COCKE, as Trustee, etc.,

Defendant and Appellant.

Hugh J. Cocke appeals a judgment nullifying the First Amendment (First Amendment) to the Hugh D. Cocke 2005 Revocable Trust (Trust) and surcharging him for his actions as trustee. We affirm. This appeal concerns the Trust that divided Hugh D.’s property equally among his seven children, including his son Hugh J. and his daughter Theresa.1 The Trust assets included a 140-acre parcel of real property in Paso Robles, two unimproved

1 We refer to the settlor and beneficiaries by their first

names not from disrespect, but to ease the reader’s task.

parcels in Cambria, and various bank accounts. Shortly before Hugh D.’s death in 2006, Hugh J. suggested that his father amend the Trust to alter the shares that Theresa and other beneficiaries would receive. Hugh D. then amended the Trust by the First Amendment. The amended terms required Theresa to perform certain acts to receive a 5 percent share of the 140-acre Paso Robles real property in addition to the Cambria real property. Theresa was unaware of the First Amendment and did not perform its conditions. Hugh J. later sold the Paso Robles and Cambria properties and distributed Trust assets contrary to the terms of the Trust or the First Amendment. Theresa brought this lawsuit in 2017, alleging Hugh J.’s breaches of the Trust. She sought an accounting, damages, and other remedies. FACTUAL AND PROCEDURAL HISTORY In 2005, Hugh D. created the Trust which left his estate in equal shares to his children Hugh J., John, Mark, Paul, Theresa, Catherine, and Mary. The main assets of the Trust were a 140- acre parcel at 1980 Niderer Road in Paso Robles, two unimproved parcels in Cambria, and various bank accounts. One year later, Hugh D. created the First Amendment to the Trust at Hugh J.’s suggestion. This amendment altered Theresa’s share of the Trust estate from one-seventh to 5 percent of the Niderer Road parcel. Before Theresa could receive the 5 percent share, however, the First Amendment required her to split the southern 20 acres of her own real property with her sisters Mary and Catherine. In return for this split, Theresa would receive the unimproved real property in Cambria. The Niderer Road property was purchased many years prior by Theresa and her parents as a 181-acre parcel. They later split the 181 acres unevenly despite their respective