Gonzales v. Armijo CA4/1

INTRODUCTION

In 2009, Felicitas P. Gonzales executed a trust, naming her son, Victor M. Gonzales, as the sole beneficiary. In 2017, Felicitas executed a second trust, naming Victor, his brother James C. Gonzales, and their other siblings as beneficiaries. The main asset identified in both trusts is Felicitas’s house in Ontario, California. James filed a petition to invalidate the 2009 trust due to Victor’s undue influence and to confirm the 2017 trust. After filing his response to James’s petition, Victor passed away. Victor’s daughter, Rita Armijo, as Victor’s personal representative and administrator of his estate, was substituted in as a defendant. Following a court trial, the probate court entered judgment finding the 2009 trust invalid based on Victor’s undue influence over Felicitas. Rita appeals from the judgment raising four claims: (1) the probate court lacked jurisdiction because James did not file the requisite creditor claim and did not timely substitute Rita as a defendant in this action; (2) the court based its judgment on an unpled legal theory; (3) the court’s finding of undue influence is not supported by sufficient evidence; and (4) the court’s evidentiary…