David

INTRODUCTION

This is the third appeal arising out of a dispute between sisters Susan David (David) and Wendy Alter Hermann (Hermann) regarding their mother’s living trust. In the first appeal, we affirmed the trial court’s judgment invalidating the trust because of Herman’s misrepresentation and fraud, and imposing a constructive trust. In the second appeal, we reversed the trial court’s 2007 orders regarding Hermann’s accounting of the property held as constructive trustee, with directions to the trial court to prepare a statement of decision. The trial court did so, and Hermann has appealed, claiming the court had no authority to enter a judgment differing from a 2006 order regarding the accounting. Hermann specifically contends the trial court erred in denying her claim for approximately $51,000 she asserts she deposited in the trust account, in assessing prejudgment interest on the surcharge against her as trustee of the constructive trust, and in ruling a 25 percent interest in real property located on Brannan Street (Brannan Street property) is owned by the 300 Company partnership (Partnership). We conclude no substantial evidence supports the ruling as to the ownership of…