Katzenstein

Respondent Bonnie Katzenstein (Trustee), in her capacity as trustee of the Feinberg Family Trust Agreement dated October 30, 1984, as amended (Trust), filed a petition in probate court (Petition) following the death of Robert Feinberg (Decedent). Decedent was the cosettlor and former cotrustee of the Trust and the named insured in two life insurance policies. In the Petition, Trustee sought (1) a determination that the Trust is the beneficiary of, and therefore entitled to the proceeds from, one of the insurance policies and (2) damages against Chabad of Poway (Chabad) for interfering with the payment of that policy’s benefits to the Trust. Chabad responded to the Petition by filing a document entitled “Claimant’s Objection and Counter Claim [sic] to Petition filed by Trustee to Determine Ownership of Life Insurance Policy Proceeds” (Objection and Counterclaim).

In an unsigned minute order following summary judgment proceedings initiated by Trustee, the court sua sponte struck Chabad’s Objection and Counterclaim on the basis that the Code of Civil Procedure precludes a party from seeking affirmative relief in an answer. Chabad appeals. However, because this unsigned…