Estate of Morgridge
Filed 7/26/07 Estate of Morgridge CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
Estate of HOWARD H. MORGRIDGE, Deceased. | |
SHAN KOENIG, as Trustee, etc., Plaintiff and Respondent, v. KATHRYN-MARIE MORGRIDGE, Individually and as Trustee, etc., Defendant and Appellant. | G036463 (Super. Ct. No. A213648) ORDER MODIFYING OPINION DENYING PETITIONS FOR REHEARING; NO CHANGE IN JUDGMENT |
It is ordered that the opinion filed in this case on June 29, 2007, be modified in the following particular:
On page 22, the fourth sentence of first full paragraph, starting with As a result, while plaintiff may seek partial satisfaction . . ., is deleted and the following sentence is inserted in its place:
As a result, while plaintiff may seek partial satisfaction of the judgment from the assets remaining in the Intervivos trust (Prob. Code, 19001, subd. (a); Dobler v. Arluk Medical Center Industrial Group, Inc. (2001) 89 Cal.App.4th 530, 540-541), defendant is correct in asserting she is not entitled to the . . . proceeds of the [Intervivos] trust in addition to the amount recovered for the wrongful withdrawals from the Q-Tip and Bypass trusts.
This modification does not effect a change in the judgment.
Plaintiffs and defendants petitions for rehearing are DENIED.
RYLAARSDAM, J.
WE CONCUR:
SILLS, P. J.
BEDSWORTH, J.
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