Estate of Kelly CA2/3

INTRODUCTION

Patricia Ward Kelly (Mrs. Kelly), as trustee of the Eugene C. Kelly Image Trust (Image Trust), appeals from an order assessing monetary sanctions against her in connection with her unsuccessful motion for a protective order. The probate court found the discovery at issue was reasonably calculated to lead to the discovery of admissible evidence and did not seek personal financial information, denied Mrs. Kelly’s motion for a protective order, and assessed $6,300 in sanctions against her. We affirm the sanctions order.

FACTS AND PROCEDURAL BACKGROUND

Eugene C. Kelly (Kelly) was known for his performances in films such as Singin’ in the Rain (Metro-Goldwyn-Mayer 1952) and An American in Paris (Metro-Goldwyn-Mayer 1951). In 1992, Kelly created the Eugene C. Kelly Family Trust which upon his death called for trust property to be divided into three separate portions. At issue here is the property held by the Image Trust consisting of the following: all rights to Kelly’s name, image, and likeness; all rights under collective bargaining agreements regarding any artistic, literary, or intellectual work or performance created in whole or in part by Kelly; and any other…