Hahn

I. BACKGROUND

The underlying litigation concerns the Juliana Cuevas Living Trust (Cuevas trust). Juliana Cuevas, who died in 2005, was Dibble’s mother. David Hahn, the respondent in this appeal, is the bankruptcy trustee for the bankruptcy estate of Ruben Cuevas, Dibble’s brother. In response to a petition filed by Hahn, and after conducting a trial at which Dibble testified, the trial court found Dibble failed to fulfill her duties as trustee of the Cuevas trust because she failed to sell a residence owned by the Cuevas trust and to distribute the proceeds to the trust beneficiaries (Dibble, Ruben Cuevas, and another

1 sibling) as required by the Cuevas trust. The court found Dibble improperly transferred title to the residence from the Cuevas trust to a different trust that Dibble controlled. In an order entered on December 26, 2012 (the December 2012 order), the court ordered Dibble permanently removed as trustee of the Cuevas trust, surcharged Dibble’s beneficial interest in the Cuevas trust in the amount of $294,600, and appointed a different trustee to sell the residence and distribute the proceeds. On February 13, 2013, Dibble filed a notice of appeal from the December…