Marble

I. INTRODUCTION

Defendant, Lora Fibiger, appeals from a December 2, 2013 Probate Code section 172001 judgment. Chris, Aaron and Brian Marble,2 and Joey Hendricks, filed a petition for a determination whether they or their mother, Cynthia Ayala, were beneficiaries of the Porter Family Trust. Defendant and Ms. Ayala were sisters and beneficiaries of the Porter Family Trust. Defendant also served as trustee. The probate court found that plaintiff’s mother was a beneficiary and the survivorship clause did not bar her interest in the trust. Plaintiff is the administrator of his mother’s estate. Plaintiff filed a petition seeking a determination that defendant breached her fiduciary duty and committed financial abuse of a dependent adult and undue influence. The probate court found for plaintiff and granted general and punitive damages and attorney’s fees for violations of section 859 and Welfare and Institutions Code sections 15610.30 and 15657.5. Defendant appeals from both rulings. Defendant contends Ms. Ayala was not a beneficiary. Defendant argues Ms. Ayala did not satisfy the survivorship requirement. Defendant also appealed the probate court’s finding that financial abuse and…