Betchart v. Betchart
Anthony Betchart (Tony), Ludgwig Betchart, Inc. (LBI), Elizabeth Enterprises, Inc. (Elizabeth), and CENA, LLC (CENA) filed a complaint for declaratory relief pursuant to Code of Civil Procedure section 1060[1] and for injunctive relief against Waldtraut Betchart (Wally), Tony’s mother. This declaratory action sought to enforce alleged oral agreements between Wally, her husband, and Tony, and to prevent the enforcement of provisions in a trust executed by Wally and her husband. Wally, in her capacity as the trustee, filed a cross-complaint against Tony to partition properties that were used by LBI, the family business.
The trial court granted Wally’s nonsuit against the complaint for declaratory and injunctive relief, and Tony appealed. Subsequently, the trial court granted summary judgment in favor of Wally on her cross-complaint for partition, and Tony appealed. At Tony’s request, we consolidated the appeals.
We affirm the nonsuit order as declaratory relief under a trust is not permitted under section 1060 and Tony’s pleading requires the court to interpret and assess the validity of a trust. We also affirm the interlocutory judgment for partition. Wally provided undisputed evidence that she was entitled to partition. (See §§ 872.710 & 872.720, subd. (a).)
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