Kvassay

BACKGROUND

The prior appeal The Hill Drive property is the sole asset of a family trust in which Peter, Richard, and Robert each has a one-third beneficial interest. In a previous action, Robert, as trustee of the family trust, petitioned for an order evicting appellants from the property, and the trial court in that action issued an order evicting appellants and directing the sale of the property. Appellants appealed the eviction order and posted a $216,000 cash deposit in lieu of a bond or undertaking to stay enforcement of the order pending their appeal. While that appeal was pending, appellants continued to reside at the Hill Drive property, made no payments for their occupancy, and contributed no payments toward the operation and maintenance of the property. All necessary payments for the property were made by Robert from his personal funds, because the family trust that owns the property has no liquid assets. This court adjudicated appellants’ appeal from the eviction order and on February 3, 2012, issued an opinion affirming that order in its entirety. The California Supreme Court denied appellants’ petition for review. The remittitur was issued on May 9, 2012. Richard’s…