Kote
Kote v. Carcich CA4/3
Opinion
Opinion
DISCUSSION
Respondent argues this appeal should be dismissed because the order suspending appellant’s powers as trustee is not appealable and, having been suspended and having no other connection to the trust, appellant lacks standing to appeal from the order appointing respondent interim successor trustee. Appellant responds that the order suspending appellant’s powers is appealable under Probate Code section 1300, 1 subdivisions (c) and (g). Respondent is correct. 1. Appealability of the Order Suspending Appellant’s Powers as Trustee Appeals in trust disputes are exclusively governed by Probate Code sections 1300 and 1304. (Kalenian v. Insen (2014) 225 Cal.App.4th 569.) Probate Code
1 We deny respondent’s request for judicial notice, as its contents (a minute order denying appellant’s motion to lift the suspension due to the automatic stay arising from this appeal) are not relevant to our determination of the issues before this Court.
3 section 1300 allows an appeal from “the making of, or the refusal to make” an order falling within any of various categories. (Prob. Code, § 1300.) The two categories raised by appellant as potential bases for appealability are subdivisions…