Dawes v. Rich

60 Cal. App. 4th 24 (1997)

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Dawes v. Rich

Court of Appeal of California
60 Cal. App. 4th 24 (1997)

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Facts

David Dawes and Ronald Schwab were business partners and owned a mobile-home park. Beginning in 1980, the tenants of the mobile-home park (plaintiffs) sued Dawes and Schwab for rent increases. David was married to Dorothy Dawes. Before litigation with the tenants was resolved, David and Dorothy transferred their community property to three inter vivos trusts. The trustees were the Daweses’ two surviving children, David Alan Dawes and Stuart Dawes (defendants). Dorothy died in 1990, and Dorothy’s property passed as designated by the trusts. In 1992, 1993, and 1996, judgments in favor of the tenants were entered against David and Ronald. In 1995, the tenants imposed writs of execution against the trustees of two of the trusts. The trustees filed a petition with the probate court to have the trusts declared immune from the writs of execution. The tenants filed complaints in trial court to have the two trusts declared subject to enforcement of the judgment entered in the tenants’ favor. The probate court entered judgment in favor of the trustees. The trial court considered the tenants’ complaints and determined that the complaints were untimely. The tenants appealed the probate court order and the judgments of the trial court. The appeals were consolidated.

Rule of Law

Issue

Holding and Reasoning (Benke, J.)

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California Community Property

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