Bernard v. Foley 6/30/05 CA2/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B168665

Case Date: 09/21/2005

Preview:Filed 6/30/05

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

ANGELA ANN BERNARD et al., Plaintiffs and Appellants, v. JAMES FOLEY, as Trustee, etc., Defendant and Respondent.

B168665 (Los Angeles County Super. Ct. No. BP072862)

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert H. O'Brien, Judge. Reversed with directions. Robert M. Neubauer for Plaintiffs and Appellants. Marc T. Eagan for Defendant and Respondent. _________________________

Plaintiffs and appellants Angela Ann Bernard (Bernard), Ann Cassell (Cassell), Arthur G. Erman (Arthur Erman), Cathy Lee Miller (Miller) and Benny Tumminello (Tumminello) (collectively, appellants) appeal a judgment denying their petition to invalidate the seventh amendment to the Carmel L. Bosco Revocable Living Trust (Trust). The essential issue presented is whether James Foley (Foley) and Ann Erman, close personal friends of decedent who took care of her at the end of her life and who were benefited by the seventh trust amendment, were "care custodian[s]" within the meaning of Probate Code section 21350,1 so as to implicate a rebuttable presumption that the donative transfer to them was procured by undue influence. We conclude Foley and Ann Erman qualified as care custodians within the meaning of the statute because they provided health services to decedent. (Welf. & Inst. Code,

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