Rubin v. Rubin CA2/5
Defendant and appellant Chaim Rubin appeals from an order confirming a conveyance of real property to the Rubin Family Trust dated May 7, 1990 (1990 Trust). Chaim contends: (1) the order is precluded by a prior judgment, which determined that the property is not in the trust; and (2) the order violated his rights to due process by quieting title to property in a summary proceeding. We conclude the earlier probate judgment did not determine whether the property was conveyed by deed in 1990 to the 1990 Trust. Plaintiffs and respondents Jacob Rubin and Deena Zyskind, as co-trustees of the 1990 Trust, were not required to raise the trust’s ownership claim in the earlier proceeding. We also find no violation of Chaim’s due process rights, because he may dispute the 1990 Trust’s claim at trial, including issues about the validity of the 1990 Trust. The order is affirmed.
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