Vaughan v. Heer CA3
Respondent Gitta Vaughan, trustee of the Christian Engel 2004 Revocable Trust (trust), sought and obtained an order approving a partition by sale of three contiguous parcels of property (property) partially owned by the trust. Appellant Randhir Heer, who owned a half-interest in the property, appeals the probate court’s order approving the partition by sale.
Citing Probate Code section 10311, Heer argues that the probate court abused its discretion by failing to consider his overbid offer to purchase the property, which he claims was more than the successful bidder’s offer. Vaughan, in turn, claims that the order is not appealable, that section 10311 does not apply, and that the appeal is frivolous, intended only to delay the underlying partition sale. She moves for sanctions against Heer.
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