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ESSLINGER v. CUMMINS

No. G034707.

50 Cal.Rptr.3d 538 (2006)

144 Cal.App.4th 517

Stephen W. ESSLINGER, Plaintiff and Respondent, v. Kenneth J. CUMMINS, as Trustee, etc., Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Three.

October 31, 2006.

Attorney(s) appearing for the Case

Law Offices of Marjorie G. Fuller, Marjorie G. Fuller, Fullerton; Garrett & Heaton and Thomas B. Garrett, Newport Beach, for Defendant and Appellant.

Hart, King & Coldren, Robert S. Coldren, John H. Pentecost, Andrew C. Kienle and Irene L. Kiet, Santa Ana, for Plaintiff and Respondent.

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...

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