Opinion
No. B306918.
03-28-2022
ESTHER SHOU MAY CHUI CHAO et al., Respondents. MICHAEL CHUI, a Minor, et al., Appellants ESTHER SHOU MAY CHUI CHAO et al., Respondents. BENJAMIN TZE-MAN CHUI, as Trustee, etc., et al. Plaintiffs and Respondents, v. CHRISTINE CHUI, Individually and as Personal Representative, etc., Defendant and Appellant
[Modification of opinion (75 Cal.App.5th 873; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT.—The opinion in the above-entitled matter filed on March 2, 2022 is modified as follows:
On page 17, part F of the Factual and Procedural Summary, a footnote is inserted at the end of the following sentence in the second paragraph of that section [75 Cal.App.5th 888, advance report, 2d par., lines 1-2]: "On July 18, 2019, the court granted Christine's motion and denied Chen's petition for approval of the first GAL agreement." The inserted footnote [75 Cal.App.5th 888, advance report, fn. 17] reads as follows:
In ruling on Christine's motion, the court made findings unfavorable to Chen and the cotrustees. Christine relied on these findings in subsequent proceedings in the trial court. In rejecting such reliance, the trial court explained that its prior rulings were "interim rulings" it had made without having "considered all relevant considerations," and which it had discretion to change in light of "new information, whether evidence or experience with the parties."
On appeal, Christine and the Minors rely on the same interim rulings the trial court ultimately rejected. As the trial court recognized, however, it had the inherent authority to change its interim rulings (Darling, Hall & Rae v. Kritt (1999) 75 Cal.App.4th 1148, 1156 ) and explicitly exercised its discretion in doing so. We do not, therefore, consider them.
This modification does not constitute a change in the judgment.
Appellants Christine Chui's and Michael Chui's petitions for rehearing filed on March 17, 2022 are denied.