Opinion
Page 1402f
148 Cal.App.4th 1402f __ Cal.Rptr.3d __ HELENE HASSO, Plaintiff and Respondent, v. RONALD D. HASSO et al., Defendants and Appellants. G036369 California Court of Appeal, Fourth District, Third Division April 4, 2007Super. Ct. No. A182042
IKOLA, J.
It is ordered that the opinion filed herein on March 6, 2007 (148 Cal.App.4th 329: ___ Cal.Rtpr.3d ___), be modified as follows:
On page 17 [148 Cal.App.4th 343, end of 1st par.], strike the last sentence of the first paragraph, which begins with the words, “Moreover, in seeking instructions, the trustee . . . .” and replace with the following sentences:
“In context of the trustee’s petition and the court’s decision, the choice of the word “treat” instead of the word “characterize” cannot be read as having anything whatsoever to do with the trustee’s discretion, if any, to adjust the allocation between principal and income under the conditions specified in section 16336. Whether circumstances exist that would allow the trustee to exercise such discretion was not an issue presented to the trial court on the cross motions for summary judgment and we express no opinion on the issue. Accordingly, Ronald’s argument in this regard provides no basis for reversal. Similarly, we express no opinion as to whether the judgment is res judicata on the section 16336 issue on the ground it could have been raised in this case.”
The modification does not change the judgment.
Bedsworth, Acting R J., and Aronson, J., concurred.