Jaime
Jaime v. Lopez CA5
Opinion
Opinion
FACTS
Jaime did not request a reporter’s transcript on appeal as she “does not question the factual findings” set forth in the trial court’s February 10, 2020, order. We summarize the trial court’s findings below: Settlors Frank C. Lopez and Ruby E. Lopez executed the Revocable Living Trust of Frank C. Lopez and Ruby E. Lopez on November 30, 1988 (the Trust). Defendant and respondent Gary Lopez, along with Jaime, were Trust beneficiaries. After Frank’s death, Ruby amended the Trust to appoint Jaime as successor trustee, whereas Jaime and Gary were originally appointed successor co-trustees. After Ruby’s death on November 20, 2015, Jaime succeeded Ruby as trustee, and the Trust became irrevocable. Jaime, as successor trustee, then filed an unlawful detainer action to remove Gary from Ruby’s former residence, which belonged to the Trust, because Gary occupied the property without paying rent. Following a trial which began on May 26, 2016, the court ruled in Jaime’s favor; however, to enforce the judgment, Jaime had to use Trust assets to remove Gary after he refused to vacate the property. During the unlawful detainer action, on May 16, 2016, Gary filed a petition to invalidate the…