Schorn

Schorn v. Young CA3

Good Law
Court of Appeal of CaliforniaApril 30, 2015C075155California1,121 words

Opinion

Opinion

BACKGROUND

The record on appeal does not include a reporter’s transcript. Accordingly, we treat this as a “judgment roll” appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082- 1083; Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 207.) The limited record we have establishes the following: In 2007, Young, as successor trustee of the trust, obtained a loan secured by real property held by the trust as authorized by the probate court. Schorn was aware of the loan. On September 1, 2011, the probate court entered an order settling the third accounting and report of the successor trustee and terminating the trust.1 As part of that order, Young was authorized to distribute the trust’s real property to Schorn, subject to encumbrances. Moreover, in settling the third accounting and report, the probate court “ratified, confirmed and approved” all of Young’s acts and transactions as successor trustee as set forth in the accounting and report and relating to the matters set forth in the accounting and report, and discharged Young as successor trustee and released her from all liability incurred thereafter. In August of 2012, Schorn received a letter from the lender informing him…

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