Tierney v. Stacey
The trial court entered a judgment that decreed that certain purported amendments to the Edna P. Tierney Living Trust (hereafter Tierney Trust) are “void due to the fact that the purported Amendments and Restatements executed March 8, 2002, were the product of undue influence exercised by . . . Marie E. Stacey.” Appellant filed a timely notice of appeal from this judgment.
Appellant filed an “EX PARTE APPLICATION FOR REMOVAL OF TRUSTEE AND APPOINTMENT OF TEMPORARY TRUSTEE PENDING APPEAL” in which she sought the following orders: (1) Removing appellant as trustee of the Tierney Trust; (2) Directing appellant to pay Tierney the sum of $115,442.20 in cash, which was allegedly the value of the assets held by Edna Tierney at the time of her death; (3) Directing appellant to pay Respondent the sum of $34,667.72 in cash, which was allegedly the sum of all funds “improperly paid during [Edna Tierney’s] lifetime to, family members, attorneys and/or other third party payees for services rendered for the benefit of and/or her family”; (4) Appointing Respondent as temporary trustee of the Tierney Trust pending the appeal in B180387; (5) Directing appellant to execute a grant deed transferring a residence at 3923 McNab Avenue in Long Beach to Respondent.
Hon. DiLoreto granted each of the requests contained in Tierney’s ex parte application, and entered orders granting Tierney’s requests. Stacey filed a timely notice of appeal from these orders.
Appellant informs court that the parties have entered into a written agreement under which they stipulated to stay the enforcement of the judgment, as well as the enforcement of the ex parte orders.
The court consolidated the appeals and although the appeals remain consolidated, the court addressed separately the issues raised in the appeals.
Judgment is reversed and remanded.
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