BILAFER v. BILAFER

Nos. A117381, A118093.

73 Cal.Rptr.3d 880 (2008)

161 Cal.App.4th 363

Mitchell J. BILAFER, Plaintiff and Appellant, v. Martin J. BILAFER, Individually and as Trustee, etc., et al., Defendants and Respondents. Mitchell J. Bilafer, Plaintiff and Appellant, v. Judith A. Doyle et al., Defendants and Respondents.

Court of Appeal of California, First District, Division Five.

March 26, 2008.


Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Charles A. Bird, Mary F. Gilliek and Jeremiah J. Moffit, San Diego, for Plaintiff and Appellant Mitchell J. Bilafer.

Aaron, Riechert, Carpol & Riffle, Charles M. Riffle, Juliette D. Nguyen and Brian E. Kulich, Redwood City, for Defendant and Respondent Martin J. Bilafer in A117381.

No appearance by Defendant and Respondent Martin J. Bilafer in Al 18093.

No appearance by Defendant and Respondent Judith A. Doyle in A117381 and Al 18093.


SIMONS, Acting P.J.

On December 30, 1999, Mitchell J. Bilafer (Mitchell)1 executed two irrevocable trusts (collectively, the 1999 Trusts). In 2006, Mitchell filed petitions to reform the 1999 Trusts to conform them to his intent. The trial court denied each petition, determining Mitchell lacked standing under common law and under Civil Code section 3399 to petition for reformation. We conclude the trustor of an irrevocable trust, like...

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