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BOYS & GIRLS CLUB OF PETALUMA v. WALSH

No. A120285.

169 Cal.App.4th 1049 (2008)

BOYS AND GIRLS CLUB OF PETALUMA et al., Plaintiffs and Respondents, v. JAMES J. WALSH, as Cotrustee, etc., et al., Defendants and Appellants.

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

December 31, 2008.

Attorney(s) appearing for the Case

Wigdahl & Passarino, Gary J. Passarino; Cooper, White & Cooper and Richard J. Collier for Defendants and Appellants.

Edmund G. Brown, Jr., Attorney General, and Kelvin C. Gong, Deputy Attorney General; Spaulding McCullough & Tansil and Gregory G. Spaulding for Plaintiffs and Respondents.

OPINION

JONES, P. J.—

Subject to one exception, Probate Code section 15403, subdivision (a)1 gives the probate court the authority to modify or terminate an irrevocable trust "if all beneficiaries . . . consent." The exception to this general rule is found in subdivision (b), which provides that even if all beneficiaries consent, a court cannot modify or terminate a trust where "the continuance of the trust...

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