Filed 11/14/05; pub. order 12/14/05 (see end of opn.)

 

 

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION EIGHT

 

 

WILLY ZWIRN,   Plaintiff and Appellant,   v.   HANNY SCHWEIZER, as Acting Successor Trustee, etc.,   Defendant and Respondent.

B180714   (Los Angeles County Super. Ct. No. BP084765)

 

 

APPEAL from orders of the Superior Court of Los Angeles County.

Thomas Stoever, Judge. Affirmed.

 

Sacks, Glazier, Franklin, & Lodise, Robert N. Sacks and Matthew W. McMurtrey for Plaintiff and Appellant.

 

Stern & Goldberg, Ellis Stern and Kien C. Tiet for Defendant and Respondent.

 

 

 

 

The trial court ruled that appellant Willy Zwirn's filing of creditor's claims to property in his aunt's Trust and Estate would violate no contest clauses in documents signed by his aunt in her trust and will.[1] Appellant contends that the applicable statutes, read with the no contest clauses at issue, mandate a conclusion that filing such creditor claims does not constitute a contest. Concluding that the proposed litigation constitutes a contest, we shall affirm the orders of the trial court.

PROCEDURAL HISTORY AND STATEMENT OF FACTS

Appellant is the nephew of Sam Cwiren, who was married to Frieda Cwiren. Sam died in 1996, and Frieda died in 2003.[2] Appellant alleges that he was very close to both of them, lived with them after World War II, and they became his surrogate parents. Moreover, according to appellant, over the years Sam and Frieda told him and others that when both died, he would receive 50% of their assets (representing Sam's share) and the remaining 50% would go to Frieda's blood relatives. His â€