McDonnell

I. INTRODUCTION

The Jarvis Ranch, which includes more than 300 acres of agricultural land in Monterey County, is an asset of the Jarvis Replacement Administrative Trust (the Trust). Appellant Todd Jarvis and his brother James Jarvis1 are co-settlors and beneficiaries of the Trust. Respondent John McDonnell, Jr. is the court-appointed trustee. At all times since McDonnell was appointed trustee in 2004 issues arising from the Trust have been litigated in Monterey County Superior Court. In 2011, Todd filed a motion to change venue to Alameda County. Todd argued that under the statute

1 For ease of reference and meaning no disrespect, we will refer to Todd Jarvis and James Jarvis by their first names. governing venue in trust actions, Probate Code section 17005, subdivision (a)(1),2 Alameda County is the proper venue since McDonnell administers the Trust from his law offices in Oakland. The probate court denied the venue motion on the grounds of judicial estoppel and waiver, finding, among other things, that McDonnell’s office has been located in Oakland since his 2004 appointment, and ordered Todd’s attorney to pay attorney’s fees of $4,812 because the motion was brought in bad…