Estate of Giraldin





















Filed 5/15/13 Estate of Giraldin CA4/3











NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.









IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE
DISTRICT



DIVISION THREE




>

Estate of WILLIAM A. GIRALDIN, Deceased. ___________________________________ CHRISTINE GIRALDIN et al., Plaintiffs and Respondents, v. TIMOTHY GIRALDIN et al., Defendants and Appellants.

G041811 (Super. Ct. No. A240697) ORDER DENYING REQUEST FOR PUBLICATION, DENYING PETITION FOR REHEARING, AND MODIFYING OPINION; NO CHANGE IN JUDGMENT

The request for
publication contained in the letter filed April 30, 2013 by attorney William A. Salzwedel is
DENIED. The clerk of this court is
directed, pursuant to rule 8.1120(b) of the California Rules of Court, to
forward to the Supreme Court, within 15 days of the finality of the opinion in
this case, a copy of attorney Salzwedel’s request, together with a copy of the
opinion, and this denial order. It does
not appear that our opinion meets the standards set forth in California Rules
of Court, rule 8.1105(c); attorney Salzwedel’s letter is merely a vehicle to
express disagreement with the merits of the decision.

The petition for
rehearing filed by Appellant Timothy Giraldin May 2, 2013 is DENIED.

The opinion filed April 16, 2013 is hereby href="http://www.mcmillanlaw.com/">modified in the following particulars:

(1) On page 7 of the slip opinion, replace “The
surcharge order was” in the second full paragraph with the words “The two
surcharge orders were” such that the sentence now reads: “The two surcharge orders were based on the
trial judge’s determination that by 2001 William lacked the mental capacity to
authorize the SafeTzone investment or any other transaction Timothy undertook
with regard to the trust.”

(2) On page 13 of the slip opinion, replace the
first sentence of the disposition with:
“The two surcharge orders discussed in this opinion and based on
Timothy’s actions during William’s lifetime are reversed, and the matter
remanded for further proceedings consistent with this opinion.”

These modifications do
not affect a change in judgment.









BEDSWORTH,
ACTING P. J.

I CONCUR:







ARONSON, J.