Montegani

As part of a long-running dispute between appellant, Bernadette Montegani, and respondents, Karon A. Johnson, Peter A. Cassinerio, and Agnes M. O’Connor, over their mother’s estate, appellant applied to the trial court for a ruling under Probate Code section 21320 that a proposed petition and a proposed complaint did not violate the no contest clauses contained in three separate trusts, a 1999 irrevocable trust, a 1999 revocable trust, and a 2001 revocable trust. In April 2006, the trial court ruled in appellant’s favor as to the petition and two of the trusts. However, the court did not rule on the third trust and the proposed complaint.

Thereafter, this court issued its opinion in Johnson v. Montegani (Aug. 29, 2006, F048577) (nonpub. opn.), holding that appellant had triggered the no contest clause of the 1999 irrevocable trust by filing a complaint for intentional interference with economic relations in 2002. In response, the trial court announced its intent to reconsider its April 2006 order on appellant’s section 21320 applications. Following briefing by the parties and a hearing, the trial court determined that it had continuing jurisdiction over the trusts. The…