Huntsman-West Found. v. Smith

Filed 9/6/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

HUNTSMAN-WEST FOUNDATION et al.,

E081025

Plaintiffs and Appellants, (Super.Ct.No. RIC2004136) v.

OPINION

MELINDA SUSAN SMITH,

Defendant and Respondent.

APPEAL from the Superior Court of Riverside County. Eric A. Keen, Judge.

Affirmed.

Garrett & Jensen and Boyd F. Jensen II for Plaintiffs and Appellants.

The Safarian Firm, Harry A. Safarian and Christina S. Karayan for Defendant and

Respondent.

Plaintiffs and Appellants Andrea Klein Gregg (Gregg) and the Huntsman-West

Foundation (the Foundation; collectively, plaintiffs) appeal the grant of a summary

judgment motion granted in favor of defendant and respondent Melinda Susan Smith

(Smith).

1 Gregg dated Dennis James Babcock (Babcock). Gregg had created the Foundation

and planned to donate her assets to be used for charitable endeavors. Babcock lived on

Dodd Street in Mira Loma (Premises). Babcock lived alone on the Premises, which had

belonged to his deceased wife, Mary Babcock (Mary1). When Mary passed away,

Babcock was allowed to remain on the Premises until he remarried. After he…