Legal Opinion
Esslinger v. Cummins
California Court of Appeal
Decided October 31, 2006No. G034707PublishedCited by 16 opinions
1Opinion of the Court
Opinion
FYBEL, J.
Introduction
Kenneth J. Cummins, as trustee of the Esslinger Family Trust (the Trustee), appeals from a probate court order compelling him to account to Stephen W. Esslinger (Stephen),1 a remainder beneficiary. The Trustee argues Stephen, as a remainder beneficiary, lacked standing to petition the probate court for an order compelling the Trustee to account. Stephen moved to dismiss the appeal, contending the order is not appealable.
We conclude the order is appealable and hold a remainder beneficiary has standing under Probate Code section 17200, subdivision (b)(7) to petition…
2Cases cited7 opinions
- Morehart v. County of Santa BarbaraCalifornia Supreme Court · 1994
- Whyte v. Schlage Lock CompanyCalifornia Court of Appeal · 2002
- HLC Properties, Ltd. v. Superior CourtCalifornia Supreme Court · 2005
- Heggstad v. HeggstadCalifornia Court of Appeal · 1993
- Fletcher v. Children's Hospital Medical Center FoundationCalifornia Court of Appeal · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Giraldin v. GiraldinCalifornia Supreme Court · 2012
- Babbitt v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2016
- Patton v. SherwoodCalifornia Court of Appeal · 2007
- Christie v. KimballCalifornia Court of Appeal · 2012
- Diaz v. Prof'l Cmty. Mgmt., Inc., California Court of Appeal, 5th District2017
11 more not listed; retrieve them via the Exa API.