Vose
Vose v. Cadena CA5
Opinion
Opinion
Smith, J.
I. Facts and Procedural History Reflected in this Court’s Opinion in the Initial
Appeal in this Matter We will replicate, with minimal modifications, the “Facts and Procedural History” section of our opinion in the prior appeal in this matter, as the facts and procedural history delineated there are relevant to this appeal as well. (See Cadena v. Vose (Jul. 28, 1 2021, F080428, F080183, F079863) [nonpub. opn.] (Vose I).) Vose I specified that the background facts outlined in that opinion were “undisputed.” (Id. at p. 2.) This matter arose from a trust—the Andrew V. Negrete and the Ruth O. Negrete 1987 Trust—established in 1987 by a married couple, Andrew and Ruth Negrete. The trust’s corpus consisted of the community property of Andrew and Ruth, mainly multiple rental homes and other real estate properties. The settlors, Andrew and Ruth, were also the initial trustees of the trust. The trust was amended and completely restated in January 2003, and amended a second time in April 2003 (collectively, the trust or the original trust). Ruth died in May 2003. After Ruth’s death, Andrew became the sole trustee, in accordance with the provisions of the trust instrument. Andrew…