Packard

Filed 2/24/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SCOTT PACKARD, D082480

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2022- 00017732-PR-TR-CTL) GREGORY ROY PACKARD, as Trustee, etc.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, Julia C. Kelety, Judge. Reversed. Klapach & Klapach, Joseph Klapach; Borden Law Office, Alex Borden and Stephanie Chao for Plaintiff and Appellant. Cunneen Booth, Dawn Hall Cunneen and Jeffrey S. Kaufman for Defendant and Respondent. Scott Packard (Scott) appeals from an order granting judgment in favor of Gregory Roy Packard (Greg), as trustee for Newton Roy Packard Trust, on Scott’s petition for construction and reformation of an amendment to the trust. Scott contends that the probate court erred in finding that his petition constituted a trust contest subject to the 120-day statute of limitations period set forth in Probate Code section 16061.7. 1 We conclude that Scott’s petition was one to reform the trust to correct an alleged mistake in the trustor’s expression of his…