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Estate of Schooler

Estate of Schooler
01:29:2010



Estate of Schooler



Filed 1/26/10 Estate of Schooler Ca4/1









NOT TO BE PUBLISHED IN OFFICIAL REPORTS





California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



Estate of Rowena L. Schooler, Deceased.



John Schooler, et al.



Plaintiffs and Appellants,



v.



Jane L. Schooler,



Defendant and Respondent.



D053924



(Super. Ct. No. PN28646)



ORDER MODIFYING OPINION



AND DENYING PETITION FOR



REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:



The petition for rehearing is denied.



It is ordered that the opinion filed January 6, 2010, be modified as follows:



1. In the second sentence of the first paragraph on page 3, the words "(with an additional studio unit)" are deleted, so that sentence now reads:



At the time, they owned a duplex in Del Mar near the beach (the Beach House), and they transferred the Beach House into the Family Trust.



2. In the second sentence of the third paragraph on page 3, the words "was living in another unit" are deleted and the words "also lived at the property" are substituted in their place, so the sentence now reads:



At the time, Rowena was living in one of the units of the Beach House, and her son Andrew also lived at the property and managed the property.



3. In the first sentence in the first complete paragraph on page 25, the word "Jane's" is deleted and the words "the Brothers' " are added, so the sentence now reads:



In addition to the breach of fiduciary duty claims, the court stated that the Brothers' claims for attorney fees and costs would constitute a contest.



There is no change in the judgment.





BENKE, Acting P. J.





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Description A modification decision.
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