Greenelsh v. Johnson 8/5/08 CA2/6

State: California

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

Docket No: B198228

Case Date: 11/12/2008

Preview:Filed 8/5/08 Greenelsh v. Johnson CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX KATHRYN A. GREENELSH, as Cotrustee, etc., Plaintiff and Appellant, v. ROBERT L. JOHNSON, as Cotrustee, etc., Defendant and Respondent. Kathryn Greenelsh (Greenelsh) appeals an order of the probate court that a demand for arbitration violated a trust's no contest clause.1 She contends that her arbitration demand is not a contest because it does not pertain to an instrument, would not nullify or alter any provision of the trust, and is permitted by an express provision of the trust requiring arbitration of disputes. She also contends that the no contest clause does not apply to actions alleging trustee misconduct, and that her proceeding is statutorily exempt from the no contest clause because it alleges improper influence in preparing a trust instrument. (Prob. Code,

Download Greenelsh v. Johnson 8/5/08 CA2/6.pdf