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YOUNG v. McCOY

No. B189885.

54 Cal.Rptr.3d 847 (2007)

147 Cal.App.4th 1078

Richard YOUNG, Plaintiff and Appellant, v. Kathy Jayne McCOY, as Trustee, etc., et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division One.

February 21, 2007.

Attorney(s) appearing for the Case

Robert Hirschman & Associates and Robert Hirschman, Los Angeles; Paul A. Lenz, Inc. and Paul A. Lenz, Encino, for Plaintiff and Appellant.

Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marshal A. Oldman and Susan R. Izenstark, Los Angeles, for Defendant and Respondent Kathy Jayne McCoy.

Gifford & Dearing and Henry H. Dearing, Los Angeles, for Defendant and Respondent First Church of Christ, Scientist, in Boston, Massachusetts.

ROTHSCHILD, J.

In this case, we hold that Probate Code section 15305.5, subdivision (c)1 does not allow a court to order a trustee to invade the assets of a discretionary trust in order to pay a restitution judgment creditor if the trustee has permissibly exercised its discretion to make no payments to the beneficiary of the trust.

Richard Young (Richard)2 appeals from a final order denying his request...

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