Garaventa

BACKGROUND

Mary’s children are Silvio Garaventa, Jr., Marie Louise Adler, Louisa Binswanger, Joseph Garaventa, and Linda Garaventa Colvis.3 The family trust (Trust) provides that after Mary’s death, the Trust estate is to be distributed evenly among five subtrusts for the benefit of the five siblings and their children. In 2013, Mary restated the Trust. The restated Trust provides the initial trustee is Mary and the successor trustee is Louisa or, if Louisa is unwilling or unable to serve, Joseph.4 In the 2013 restatement of the Trust, Mary added a provision targeting “Hostile Acts” by the siblings and their descendants. The provision creates the position of “Special Trustee for Hostile Acts” and provides, “Notwithstanding anything herein to the contrary, if any issue of the Trustor engages in a Hostile Act toward another issue or the spouse of an issue of the

2 (See Binswanger v. Garaventa (May 11, 2018, A148363) [nonpub.

opn.]; Colvis v. Binswanger (2023) 96 Cal.App.5th 393; Colvis v. Binswanger (Feb. 29, 2024, A163467) [nonpub. opn.]; Colvis v. Binswanger (May 2, 2024, A167860) [nonpub. opn.].) A sixth appeal was filed in a separate civil litigation between family members…