Quijano
Quijano v. Cayton CA2/4
Opinion
Opinion
Zukin, J.
INTRODUCTION
Following the death of his spouse, Eduardo Quijano (Quijano) filed a civil action to recover alleged community property that his spouse gifted or devised to her children without his consent. Decedent’s daughters from a previous marriage were the only defendants named in Quijano’s action. The trial court granted summary judgment to the daughters, concluding that under Probate Code section 170001 it did not have jurisdiction over the case because Quijano’s claims concerned the internal affairs of decedent’s trust. As Quijano has not established any error by the trial court, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
I. Parties
Quijano and Elma Cayton (Elma2 or decedent) were married from 1998 until Elma’s death on December 27, 2020. Elma had two daughters from another marriage, Marlo and Michelle Cayton (the Caytons).
II. Quijano’s Complaint
Shortly after Elma died, Quijano filed a civil complaint against the Caytons. Quijano’s complaint alleged that he holds a community property interest in decedent’s estate, particularly in a convalescent hospital, residential care facility, and other real and personal property owned by decedent. Quijano alleged that…