Bonnigson

FACTS

On October 31, 2008, plaintiff and respondent Kathlene A. Bonnigson (Kathlene)

and her daughter, Kelsey Craven, filed a petition requesting an accounting of the

Theodore M. and Evelyn J. Bonnigson Living Trust dated March 18, 1997. The petition

alleged mismanagement of the trust assets by Lawrence both personally and as trustee.

It sought removal of Lawrence as trustee, a full and complete accounting of the trust, and

other relief. In October 2009, Lawrence filed a cross-petition.

Discovery and settlement negotiations culminated in June 2010, at the scheduled

deposition of Lawrence. During that deposition, Lawrence accepted Kathlene‟s

settlement offer of $395,000. As discussed, post, Lawrence believed that he was only

agreeing to pay $395,000. Kathlene‟s attorney believed the parties had a binding

settlement agreement. Although Kathlene‟s attorney prepared a written settlement

agreement, none was ever signed.

The dispute was eventually submitted to the trial court and heard on November 12,

2010. The trial court found a binding oral settlement for $395,000.

Kathlene and Lawrence are siblings. Kelsey Craven is a beneficiary of the trust and is not…