Hazewinkel v. Macgurn

Full title: VAN HAZEWINKEL, as Successor Trustee, etc. Plaintiff and Appellant, v…

Court: California Court of Appeals, Fourth District, First Division

Date published: Jun 1, 2009

No. D053432 (Cal. Ct. App. Jun. 1, 2009)

Opinion

VAN HAZEWINKEL, as Successor Trustee, etc. Plaintiff and Appellant, v. RICHARD B. MACGURN, Defendant and Respondent. D053432 California Court of Appeal, Fourth District, First Division June 1, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 37-2007-00055601 CU-NP-NC

ORDER MODIFYING OPINION

HALLER, Acting P. J.

THE COURT:

The petition for rehearing is denied.

It is ordered that the opinion filed May 8, 2009, be modified as follows:

1. The reference to Probate Code section 850, subdivision (a)(3) in the first sentence of the last paragraph of page 5 is changed to Probate Code section 850, subdivision (a)(3)(B).

2. The second sentence of the first paragraph on page 19, together with footnote number 6 and the first word of the following sentence, are deleted, so the paragraph reads as follows:

This argument is unavailing. Van's petition was more than an objective pleading to seek instructions from the court. Van affirmatively sought an order from the court providing that Wanda shall "take nothing" from the Survivor's Trust, and an order declaring that Ben's one-half interest in the Vista property was an asset of the trust.

3. The deletion of footnote number 6 requires renumbering of all subsequent footnotes.

There is no change in the judgment.