Dowling

Dowling v. Uriostegui CA2/7

Good Law
Court of Appeal of CaliforniaMarch 14, 2024B323346California4,639 words

Opinion

Opinion

INTRODUCTION

In her prior appeal Diane Uriostegui challenged the probate court’s ruling that an amended trust created by Prescott Scott, which disinherited his son Gregory Dowling and named Uriostegui the trustee and sole beneficiary, was invalid because Uriostegui procured it by undue influence and Prescott lacked capacity to amend the trust. We concluded substantial evidence supported the probate court’s findings and affirmed the judgment. (Dowling v. Uriostegui (Mar. 16, 2020, B294046) [nonpub. opn.] (Uriostegui I). The judgment, now affirmed, required Uriostegui to provide an accounting to allow the probate court to determine the amount of money she had wrongfully taken from the trust while she was trustee. When after three attempts Uriostegui failed to submit a proper accounting, Gregory, the successor trustee, filed a petition seeking restitution, damages, and interest. On July 12, 2022 the probate court held a hearing and awarded Gregory $1,293,138.27 in restitution, plus $552,500 in interest. Uriostegui appeals from the probate court’s July 12, 2022 order, arguing that the court violated the one final judgment rule and that the court did not have personal jurisdiction…

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