Eason v. Lowerre

Filed 8/22/06 Eason v. Lowerre CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from orders of the Superior Court of Los Angeles County.William G. Willett, Judge. Affirmed and remanded for hearing on attorney's fees.

Jonathan D. Winters for Plaintiff and Appellant.

Michael J. Long for Defendant and Respondent.

Sandra Eason appeals from the trial court's decision that respondent Mark Lowerre did not breach her parents' Eason Family Trust and should not be removed as trustee. Eason and her two sisters were the primary beneficiaries of the Eason Family Trust; two parcels of real property were the main assets of the trust. After the parents died, appellant wanted to buy each of the two properties but was unable to find financing for either. The sisters agreed to sell first the Lawndale property, the proceeds of which were divided equally, and later the Redondo Beach property, for which appellant may or may not have received financing the day escrow opened for other buyers. Concluding that substantial evidence supports the trial court's decisions and that there was no legal error, we shall affirm the orders and awards attorney's fees and costs to respondent.

PROCEDURAL HISTORY AND STATEMENT OF FACTS

The trust

Lloyd and Ardis Eason established a trust in 1991; they were the initial trustees as well as trustors. Respondent, an attorney and longtime friend of the family, was the successor trustee. Clause 4.08 provides that upon the surviving spouse's death, $2,500 each shall be distributed to Pamela Jo Parker and Lloyd Wayne Eason. Clause 4.081, subdivision (c), at issue in the case at bench, provides â€