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ZWIRN v. SCHWEIZER

No. B180714.

36 Cal.Rptr.3d 527 (2005)

134 Cal.App.4th 1153

Willy ZWIRN, Plaintiff and Appellant, v. Hanny SCHWEIZER, as Acting Successor Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

November 14, 2005.

Attorney(s) appearing for the Case

Sacks, Glazier, Franklin, & Lodise, Robert N. Sacks and Matthew W. McMurtrey, Los Angeles, for Plaintiff and Appellant.

Stern & Goldberg, Ellis Stern, Encino, and Kien C. Tiet, for Defendant and Respondent.

COOPER, P.J.

The trial court ruled that appellant Willy Zwirn's filing of creditor's claims to property in his aunt's Trust and Estate would violate no contest clauses in documents signed by his aunt in her trust and will.1 Appellant contends that the applicable statutes, read with the no contest clauses at issue, mandate a conclusion that filing such creditor claims does not constitute a contest. Concluding that the proposed litigation...

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