Hirano

Plaintiff and appellant Alan Hirano and defendant and respondent Donald Hirano are brothers. Appellant sued respondent for, among other things, conversion and trespass. We reversed a prior judgment entered against appellant (Hirano v. Hirano (Sept. 29, 2004, B167066) [nonpub. opn.]). The current appeal is from a judgment entered after the trial court granted respondent’s midtrial motion for nonsuit, the basis of which was that appellant could not prove damages. Appellant contends the judgment must be reversed because the trial court improperly excluded evidence of damages which, had it been admitted, would have allowed appellant to overcome nonsuit. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant and respondent’s mother owned a duplex, which she held in the name of her living trust. Mother lived with respondent in the front unit of the duplex while appellant lived in the back unit and used the garage as a music recording studio. Some time in 1997, mother amended the trust to make respondent the sole successor trustee and to direct that all trust assets should go to respondent after mother’s death. Mother died in early 1998.

Meanwhile, after commencing eviction…