Conservatorship of Smith CA1/4

Good Law
Court of Appeal of CaliforniaJuly 16, 2014A139386California2,182 words

Opinion

Opinion

I.

INTRODUCTION

In this probate matter, appellant Mary Vivian, acting in propria persona, appeals from the denial of her motion for reconsideration of an order granting respondent Alan Statman’s petition for approval of a trust accounting and petition for instructions requesting authorization to sell or rent the family home (Petition for Instructions). Appellant contends her motion for reconsideration should have been granted because she did not have an adequate opportunity to be heard when she arrived late to the hearing on respondent’s petitions. She further contends she had new facts and law that the court should have considered. We affirm.

II.

PROCEDURAL BACKGROUND

This is the second appeal arising out of the administration of a trust established by appellant’s parents, Robert K. Smith, Sr. and Virginia Smith (the Smith Family Trust). In the first appeal, Conservatorship and Estate of Smith (A127442, Aug. 11, 2010 [nonpub. opn.]), this court affirmed the naming of respondent Alan Statman as successor trustee of the Smith Family Trust. We take the following background facts from our prior opinion, omitting the footnotes: “On January 29, 1996, Robert K. Smith, Sr., and…

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