Stone Ash v. Kettner Investments CA4/1

I. INTRODUCTION

Michael Llamas (Michael) died in a car accident in 2017. He died intestate with his young daughter as his only heir. This litigation followed between Michael’s company, his estate (the Estate), and his sister-in-law, Shannon Llamas (Shannon). Shannon claimed Michael gifted to her millions of dollars in assets for the benefit of the Llamas family. The Estate and Michael’s company, now known as Kettner Investments, LLC (Kettner), claimed Shannon never owned the assets at issue and she must return them. The matter proceeded to a bifurcated court trial on the issue of whether Michael gifted the assets to Shannon through Stone Ash, LLC, a company Michael and Kettner created and placed under Shannon’s management. The superior court found Michael had not gifted the assets, and neither Stone Ash, LLC nor Shannon had any ownership interest in them. Kettner and the Estate then moved for judgment on the pleadings. The trial court granted the motions and entered judgment in their favor. Stone Ash, LLC and Shannon appeal on three grounds. First, they contend the superior court erred by refusing to apply a presumption of

ownership in their favor pursuant to Evidence Code1…