Rumph

I. INTRODUCTION

Defendant, Terry Mayo appeals from the probate court’s1 order removing him as trustee. Defendant was co-trustee of a trust and all sub-trusts. Plaintiff, Pamela Estelle Rumph, a beneficiary of the trust, filed a petition to remove defendant and Foster Rains as co-trustees under Probate Code2 section 17200. On March 12, 2013, the probate court removed defendant and Mr. Rains as trustees. The basis of the order was hostility between the co-trustees and the beneficiaries. Defendant contends the trial court erred in removing him as trustee from all the trusts. Defendant also contends plaintiff should be found in violation of the trust’s no-contest provision. We agree he should not be removed as a trustee but reject his no-contest clause claims. But we conclude the probate court did not possess the discretion in this case to remove defendant as a trustee. Hence, we reverse the order removing him as a trustee. Plaintiff filed her own cross-appeal contending defendant should be found in breach of trust provisions and surcharged. Plaintiff argues defendant violated section 15686, subdivision (b) when he failed to provide her written notice of an alleged increase in…