Conservatorship of McElroy

Case No. E029587 is the appeal of Carol Kravagna from the judgment entered in this action on March 28, 2001. The judgment, filed March 28, 2001, confirms a settlement allegedly reached in open court on May 10, 1999. The March 28, 2001, judgment also confirmed the alleged settlement by granting a motion for entry of judgment pursuant to the terms of the alleged settlement agreement. The motion was filed on June 29, 2000, and heard on November 7, 2000.

Ms. Kravagna’s primary contention on this appeal is that she did not orally stipulate to the settlement’s terms in open court, as required by Code of Civil Procedure section 664.6. She also contends that the proposed settlement contemplated a formal written agreement, and none was ever signed.

Consolidated appeal No. E029770 is Ms. Kravagna’s appeal from a subsequent order of June 13, 2001, which granted a petition for a substituted judgment for modification of a living trust and related actions. Ms. Kravagna contends the trial court abused its discretion in granting the conservator’s petition because it refused to hear her objections on grounds that she had no standing to protest. She argues that this ruling was improper…