In re Goo Living Trust CA2/4

INTRODUCTION

This is the second appeal involving the Living Trust of Erling and Mitsuko S. Goo.1 Mitsuko’s cousin, Curtis Ogawa, was trustee of the trust following Mitsuko’s death in 2007. A 2018 arbitration award found that Ogawa breached his fiduciary duties to two trust beneficiaries, Timothy Sayegusa and Paul Sayegusa, Mitsuko’s nephews. The arbitration award was confirmed by the probate court, and the probate court’s order was affirmed by this court. (Sayegusa v. Ogawa (Jan. 29, 2020, No. B294886 [nonpub. opn.]). After the Sayegusas became successor trustees, they filed a petition against Ogawa seeking an accounting and alleging some additional breaches of fiduciary duty. The court ordered an accounting. The matter proceeded to a bench trial in which the probate court largely held in favor of the Sayegusas, ordering Ogawa to pay the trust a total of $121,813.50 and pay the Sayegusas’ attorney fees. Ogawa appealed. Ogawa asserts three arguments on appeal. First he contends the probate court was required to issue a statement of decision, and because it did not, the court’s order on the Sayegusas’ petition is void. We disagree. Neither party timely requested a statement of…