On 07/26/2011 LUND, SHARON DISNEY - TRUST 1986 was filed as a Probate - Trust lawsuit. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BECKLOFF, MITCHELL L., LEVANAS, MICHAEL I., STRATTON, MARIA E., PENNY, BRENDA, MURPHY, DANIEL S., PENNY, BRENDA J., COWAN, DAVID J. and KWAN, RUTH ANN. The case status is Pending - Other Pending.
****9815
07/26/2011
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
BECKLOFF, MITCHELL L.
LEVANAS, MICHAEL I.
STRATTON, MARIA E.
PENNY, BRENDA
MURPHY, DANIEL S.
PENNY, BRENDA J.
COWAN, DAVID J.
KWAN, RUTH ANN
LUND BRADFORD D.
FIRST REPUBLIC TRUST COMPANY "FRTC"
FIRST REPUBLIC TRUST COMPANY
LUND MICHELLE A.
DEW JIM
LUND SHERRY
FIRST REPUBLIC TRUST COMPANY
LUND SHARON DISNEY
SUPERIOR COURT
LUND SHARON DISNEY - TRUST 1986
LOS ANGELES SUPERIOR COURT
WRIGHT KIM DOUGLAS A LAW CORPORATION
ACE ATTORNEY SERVICE INC
MUTUAL OF OMAHA BANK
DEW JIM
LUND SHERRY
LUND BRADFORD D
GELBLUM PETER BURR
DECOSTA KARL J
FALCONE LINDSEE BLAIR
BOHM JAMES GLENN
TRONCALI MATTHEW ALEXANDER
GROBATY MICHAEL JOHN
RAJAN NAHLA BAHADURALI
CUTROW ALLAN BARRY
KAISER HAYWARD JOHN
BUSCH JOSEPH PETER III
BENGALI OMAR H
NELSON DAVID CAMERON
WRIGHT LAURIANN
GROBATY MICHAEL JOHN
BUSCH JOSEPH PETER III
BENGALI OMAR H
GREGER CLARKE H.
PENNER STEPHEN ERNEST
WRIGHT LAURIANN
LODISE MARGARET GLAHN
11/4/2011: OTHER - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF APPLICATION TO ADMIT DOUGLAS WILLEY, ETC.
11/10/2011: Minute Order
11/16/2012: Minute Order
12/6/2012: Minute Order
1/4/2013: OTHER - BENEFICIARY BRADFORD D. LUND'S OPPOSITION TO PETITIONER'S MOTION, ETC.
12/6/2013: Minute Order - PINK
8/7/2014: Notice of Hearing (Probate)
9/24/2014: Minute Order
4/16/2015: OTHER - CONSOLIDATED AND FINAL OBJECTIONS AND CONTEST TO I. FIRST AMENDED, SECOND, ETC.
1/15/2016: OTHER - MICHELLE A. LUND'S JOINDER IN OPPOSITION TO EX PARTE MOTION TO FILE, ETC...
12/27/2016: Notice - [Revised] Notice of Unavailability
8/15/2018: Minute Order
9/13/2019: Minute Order - Matter Taken Under Submission
1/3/2020: Objection - objection to 170.6 ccp peremptory challenge
2/25/2020: Reply - Reply To Trustees Response To The Reports Of The GAL And The 730 Expert
11/12/2020: Minute Order
11/16/2020: Appeal - Notice of Filing of Notice of Appeal - N.O.A. 11/9/20 "U1"
11/18/2020: PR_General Probate - Order
DocketAppeal - Reporter Appeal Transcript Process Fee Paid; Filed by Petitioner
DocketAppeal - Reporter Appeal Transcripts Deposit Paid (TRNSCRB Fund ); Filed by Petitioner
DocketAppeal - Record on Appeal Elected/Designated (Clerk Transcript; Reporter Transcript; "U1" ); Filed by Petitioner
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 (Appellant's Notice Designating Record on Appeal; "U1" ); Filed by Petitioner
DocketAppeal - Notice of Default Issued ("U1" Fail to File Designation/Election; Fail to Pay: REPORTER TRANSCRIPT FEES AND DEPOSIT )
DocketResponse (Trustees' Response to Bradford Lund's (Unverified) Third Statement )
DocketObjection - Trust Petition (Preliminary Objection To Michael Seibert's Petition For Expert s Fees And Attorney Compensation; and Request for Evidentiary Hearing ); Filed by Petitioner
DocketAppeal - Notice of Filing of Notice of Appeal (N.O.A. 11/9/20 "U1" )
Docketin Non Probate Department, Cowan, David J., Presiding; Court Order Hearing - Held
Docketin Non Probate Department, Cowan, David J., Presiding; Court Order Hearing - Held
DocketNotice - Hearing (re Petitioner's Ex Parte application Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner )
DocketProof of Service (Filed by: Attorney for Petitioner )
DocketOpposition (Filed By: First Republic Trust Company ("FRTC"), Petitioner Repres By: de Costa, Karl, Esq., Attorney for Petitioner )
DocketDeclaration (OF PETNR Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner )
DocketConsent (AS SUCCR TEE-CITICORP TR SO DAKOTA Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner )
DocketConsent (AS SUCCR TEE-WHITTIER TR CO Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner )
DocketPetition - Removal (1st Hearing Date: 09/13/2011 Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner Complaint Num: 2 )
DocketDeclaration (OF ATTY Filed By: Lund, Bradford D., Petitioner Repres By: Gendron, Lindsee Blair, Attorney for Petitioner )
DocketNotice - Hearing (Filed by: Attorney for Petitioner )
DocketPetition - Authority (1st Hearing Date: 09/13/2011 Filed By: First Republic Trust Company ("FRTC"), Petitioner Repres By: Cutrow, Allan B., Esq., Attorney for Petitioner Repres By: Gelblum, Peter B., Attorney for Petitioner Repres By: de Costa, Karl, Esq., Attorney for Petitioner Repres By: Rajan, Nahla Bahadurali, Attorney for Petitioner Complaint Num: 1 )
Case Number: BP129815 Hearing Date: January 30, 2020 Dept: 1
#1 – In re: The Lillian B. Disney Trust (BP055495)
#2 – In re: The Sharon D. Lund 1986 Irrevocable Trust (BP129815)
#3 – In re: The Bradford Disney Lund 1992 Trust (BP129814)
#4 – In re: The Sharon D. Lund Residuary Trust (BP119204)
#5 – In re: The Sharon D. Lund Residuary Trust (BP119205)
On December 12, 2019, Judge David J. Cowan, sitting in probate Department 3 of the Stanley Mosk courthouse issued the following order in the five related probate cases captioned above:
Effective February 3, 2020, Judge Cowan is reassigned to a Civil courtroom, Dept. 20 of this same courthouse. In view of the fact that he is in the middle of hearing two highly contested petitions, and in the interests of judicial economy, the Court believes it is obligated to conclude the disposition of those petitions, as well as hearing the report of the guardian ad litem associated with those petitions, and any all related issues or motions arising therefrom, including but not limited to any objections thereto, in order to facilitate and reduce the time and expense of resolution of these long standing cases.
Judge Cowan does not at this time believe he will have sufficient time, however, with the Civil cases he is assigned, to hear any trials of the underlying contested accounting petition and or other related petitions in these cases were those to have to go forward.
Accordingly, all future hearing dates on or after February 3, 2020 in these related cases will now be heard in Dept. 20, including the hearing now set for February 28, 2020. The hearing on February 28, 2020 will be at 10:00 a.m. Counsel are advised that Civil courtrooms do not have a court reporter assigned. Counsel are required to bring their own if they wish to have a record of the oral proceedings.
(Dec. 12, 2019 Min. Order.) On January 2, 2020, Judge Cowan issued an order noting, in relevant part, “[t]he court previously stated, by minute order filed December 12, 2019, that the re-assignment to a different courtroom was solely for purposes of judicial economy to complete the pending petitions for approval of settlement agreement and for appointment of replacement trustees and issues associated therewith as to which this judge has already made preliminary rulings as to complex matters as well as avoid any issues arising from two judges hearing the same petitions.”
On January 2, 2020, Bradford D. Lund and the Co-Trustees of The Bradford Disney Lund 1992 Trust, Sherry Lund and Jim Dew filed identical documents entitled “Joint Motion to Reassign Probate Proceeding Back to Probate Division from Civil Division” in each of the five probate cases with the hearing set in Department 1. On January 16, 2020, First Republic Trust Company filed its opposition in each case, and the movants filed their reply on January 23, 2020 in each case. As the motions, oppositions, and replies are identical in all five cases, the court will address them together and refer to the motions collectively as a single motion.
The earliest-filed probate case, BP055495, was filed in the Los Angeles Superior Court on March 16, 1999. On August 15, 2018, Judge Maria E. Stratton issued an order assigning the five related cases to Judge Cowan for all purposes. The court notes, as argued by First Republic in opposition, moving party Bradford D. Lund has filed two unsuccessful challenges to Judge Cowan within the last four months: an October 16, 2019 challenge pursuant to CCP § 170.1 and a December 27, 2019 challenge pursuant to CCP § 170.6. Accordingly, the instant motion requesting a reassignment of the cases from Judge Cowan’s civil department appears to be an exercise in judge-shopping, particularly in light of Judge Cowan’s January 2, 2020 order that sets forth noting the limited remaining issues upon which he intends to rule.
Movants note their motion is brought “assuming that matters stayed on appeal can be reassigned to a new department while awaiting appeal.” (Mo. at 7.) Movants provide no authority addressing this issue as Probate Code § 1300(a) defines only one type of appealable probate order. (Prob. Code § 1300(a) (“In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing, authorizing, approving, or confirming the sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property.”).) However, the administrative reassignment of an action between departments of a superior court does not appear to fall within the scope of the relevant statutes governing stays pending appeal. (CCP §§ 916 et seq; Prob. Code § 1310.)
Movants argue that a civil department lacks jurisdiction to hear a probate matter and cannot handle the complexities of these probate cases. Movants also argue that Judge Cowan’s order violated the Local Rules of the Los Angeles Superior Court, deprived the parties of their right to a court reporter, and failed to honor Movants’ due process rights. Thus, the motion seeks to reverse Judge Cowan’s December 12, 2019 order based upon legal error and asks this court to make contrary findings regarding whether judicial economy is best served by Judge Cowan temporarily retaining these probate cases. Accordingly, the court finds the instant motion constitutes an untimely and improper motion for reconsideration. (CCP § 1008.)
Moreover, neither Department 1, nor any other judicial officer of this court, has the authority to reverse Judge Cowan’s order on the grounds raised by Movants. (Geddes v. Superior Court (2005) 126 Cal.App.4th 417, 425–426 (“one trial judge may not review the ruling of another trial judge because the superior court, although comprised of many judges, is a single court.”); People v. Woodard (1982) 131 Cal.App.3d 107, 111 (“The Superior Court of Los Angeles County, though comprised of a number of judges, is a single court and one member of that court cannot sit in review on the actions of another member of that same court.”).)
The Joint Motion to Reassign Probate Proceeding Back to Probate Division from Civil Division filed in BP055495, BP129815, BP129814, BP119204, and BP119205 is DENIED in its entirety.
Counsel for First Republic Trust Company to give notice.