McDonnell v. Jarvis
The Jarvis Ranch, which includes more than 300 acres of agricultural land in Monterey County, is an asset of the Jarvis Replacement Administrative Trust (the Trust). Appellant Todd Jarvis and his brother James Jarvis[1] are beneficiaries of the Trust. Respondent John McDonnell, Jr. is the court-appointed trustee.
In his capacity as trustee, McDonnell filed in the probate court on December 23, 2009, a petition for authority to execute and perform right of way contracts with the State of California Department of Transportation (CalTrans). The right of way contracts included the settlement of three eminent domain actions brought by CalTrans to acquire portions of the Jarvis Ranch. The terms of the Trust required McDonnell to petition the court for authority to execute and perform the right of way contracts, because James had consented to the CalTrans contracts while Todd had objected. The probate court granted the petition on February 9, 2010.
On appeal, Todd argues that the order should be reversed because the probate court lacked jurisdiction and made several procedural and evidentiary errors. McDonnell has filed a motion to dismiss the appeal on the ground that an event occurring during the pendency of the appeal has rendered the appeal moot; specifically, the probate court’s subsequent order of April 26, 2010, finding that that Todd has a right to appear as a defendant in the eminent domain actions and granting his motion for joinder.
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