Cadena

I. BACKGROUND

Prior to his death, Gonzalo established a trust that included among its assets an ocean-view home located in Redondo Beach, California (the property). The trust included a bequest of the property to Irene and Nyka upon his death. In 2017, following Gonzalo’s death, Irene, as successor trustee, deeded the property to herself and Nyka as joint tenants. A dispute over the property ensued.

A. The Parties Settle Their Dispute In 2018, Irene sued Nyka for ouster, ejectment, and partition of land by sale. In her complaint, Irene alleged Nyka took possession of the property following Gonzalo’s death and refused to allow her access to and enjoyment of the property or, in the alternative, to agree to a rental or co-tenancy agreement. Irene alleged further that the fair rental value of the property

2 was $6,000 per month or approximately $200 per day. Nyka generally denied the allegations of the complaint and alleged Irene abused her powers as successor trustee. In January 2020, shortly before the final status conference, the parties settled their dispute following a 12-hour mediation. The parties’ agreement was memorialized in a “deal points” writing endorsed by the…