Estate of Dayan

I. INTRODUCTION

Plaintiff, Ermond J. Nathanson, and defendant, Anthony M. Nathanson, are brothers. Plaintiff appeals after the probate court denied his Probate Code1 section 850, subdivision (a)(2) petition for an order conveying commercial real property in North Hollywood (the property). In addition, the probate court denied plaintiff’s judgment on the pleadings motion. The judgment on the pleadings motion asserted that defendant had violated the will’s no contest clause. The testator, Margor Rachael Dayan, the mother of plaintiff and defendant, had an interest in the property. Her will conveyed all her rights, title, and interests in the property to plaintiff’s trust. Plaintiff filed a petition for an order to establish that Ms. Dayan’s estate had title to the property in its entirety. Defendant opposed the section 850, subdivision (a)(2) petition asserting he owned a one-third interest in the property. Also, plaintiff filed a petition asserting defendant had violated the will’s no contest clause. Plaintiff filed a separate judgment on the pleadings motion raising the no contest cause issue. Following trial, the probate court ruled defendant owned a one-third interest in the…