Brown v. Marinos
At issue is the validity of a substituted judgment, entered pursuant to Probate Code section 2580 et seq.,[1]that effectively deprived appellant Kenneth Marinos of his interest in a trust created by his mother, Helen W. Marinos (not a party hereto). After respondent Jeffrey C. Brown, who was the conservator of Helen Marinos and the trustee of a trust established by her, filed a quiet title action regarding one of Helen Marinoss assets, the Chart House Property located on Pacific Coast Highway in Malibu, appellant filed a cross complaint in that action in which he alleges that the substituted judgment is void. The trial court sustained respondents demurrer to the cross complaint without leave to amend, and this appeal followed. Court reverse with directions.
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