McClatchy

Filed 7/9/14 McClatchy v. Pruitt CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

CARLOS MCCLATCHY,

Plaintiff and Appellant,

A136391

v. GARY B. PRUITT et al., as Trustees, (San Francisco County etc., Super. Ct. No. PES-11-294985) Defendants and Respondents.

Carlos McClatchy, beneficiary of an irrevocable trust, sought a ruling under former Probate Code section 21320, subdivision (a)1 (section 21320) that a petition he proposed to file against respondents2 would not violate the terms of a no contest clause contained in the trustor’s will. The trial court denied relief to Carlos, ruling that section 21320 did not apply based on the instrument before the court. Carlos now appeals from the order…