Patten

Patten v. Torosian CA5

Good Law
Court of Appeal of CaliforniaMay 2, 2025F087603California7,746 words

Opinion

Opinion

Smith, J.

INTRODUCTION

Appellant David Torosian appeals from a judgment by the probate court in favor of respondent, Susan Patten, pertaining to a trust established by their father, Amos Der Torosian.1 The probate court’s judgment decreed the following: (1) while David was serving as the successor trustee of the trust, he breached his fiduciary duties; (2) David was therefore properly removed as the successor trustee in 2016, and the order of removal was approved and ratified by the probate court’s judgment; (3) as successor trustee, David failed to distribute a parcel of real property to Susan (the Alamos property), in accordance with the terms of the trust; (4) proceeds from the sale of the Alamos property by David were ordered to be distributed to Susan; (5) David would be surcharged for the fair rental value of the Alamos property not collected by him while he was serving as successor trustee; (6) a grant deed purporting to transfer a property on Villa Avenue (the Villa property), from David to himself was invalid, as this asset belonged to the trust; (7) David, who has lived rent free at the Villa property since 2009, would be surcharged the fair rental value of his occupancy; and (8)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.