I, italics added.) The Settlement is "subject to and conditioned upon" the trial court entering orders giving effect to each of the foregoing terms of the Settlement. Consistent with these terms, the Settlement Petition "pray[ed]" that the trial court "issue its Orders" directing, among other things, that Bessemer shall have no obligation or duty to investigate or seek any relief of any kind concerning the Trustees' past acts, and that no separate trusts shall be drafted or required to be created. Dean Martin was more than just his singing and acting skills. And, because the consent of "all beneficiaries" is required to modify an irrevocable trust ( 15403, subd. Because we must reverse the entire Order based on the parts unlawfully modifying the Trust, we do not reach these issues. en Fonoaudiologia Presidente de FANDA Directora del Centro de Diagnostico y Tratamiento Multisensorial Gina is related to Nick Romano and Michelle K H Romano as well as 2 additional people. A. We also cannot ignore that, notwithstanding their arguments to the trial court and on appeal, the Trustees and Settling Beneficiaries seemed to recognize the Trust required the shares to be held in separate trusts. Rather, the court suggested the critical issue was whether it could "permissibly enter" the various orders the Trustees requested in connection with seeking approval of the Settlement, specifically those that purported to "foreclose or partially foreclose" Romano's right to relief on her pending petitions. Make your practice more effective and efficient with Casetexts legal research suite. Under section 17206, the probate court "in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition." I like to think of myself as a Advisor not just a Real Estate agent. Dean Martin Family Trust Dated Decemer 14, 1995. I.). Rules of Court, rule 8.244(c)(2).) ), The Trustees contend the part of the Order eliminating the mandate to create separate trusts does not prejudice Romano's interest because it is expressly subject to another part of the Order specifying that the Settlement and Order" 'shall be without prejudice'" to Romano's rights as a beneficiary" 'to pursue her claims and objections . C, italics added. Brian, deaf in one ear after a childhood accident, felt the pressure of carrying the band on his shoulders the most. (Italics added. We recognize Romano also challenges the Order on the grounds that it (1) prejudicially impairs her pending removal petitions and (2) authorizes the Trustees to charge her for costs of litigation without a finding that she objected to the accountings or petitioned for the Trustees' removal in bad faith. (a), 15409, subd. Multiple outlets reported Ricci was found dead at his Utah home, but no cause of death was ever revealed. California Court of Appeals, Second District, Third Division. Rosie ODonnells Cutest Photos With Her 5 Kids, See Your Favorite Celebrity Couples in Swimsuits: Best Beach Photos, Tour Inside Dolly Partons Beautiful Tennessee Estate With Husband Carl, Fun-Filled Beach Days! In 1961, "Surfin' " was released on the small Candix label and charted nationally. In the event of the resignation, disability, or death of one of the originally-named co-trustees, the Trust provides "the other person shall have the power to designate a successor Co-Trustee" and, until a successor is designated, "the other person shall act as sole Trustee." (Id. Contrary to Romano's assertion, the Trustees maintained "[n]othing in the [Trust] mandates that 'separate trusts shall be drafted or required to be created, '" and they urged they had properly "administer[ed] all of the assets together as a unit." the share set aside in the separate trust for such person shall be held in trust for the lawful issue of such person" and "[w]hen all of the children of such deceased person shall have attained the age of twenty-one years, all property then held in trust shall be distributed free of trust to the lawful issue upon the principle of representation." A lookalike, Glen Campbell, a Beach Boy session regular, was briefly drafted to replace Brian for live appearances. Dean and his first wife, Elizabeth, welcomed their eldest son, Craig, on June Indeed, this mechanism of holding each separate share in a separate trust is echoed in the provision regarding transfer upon the death of a beneficiary, which states: "Upon the death of a child o[f] mine . The King of Cool welcomed his daughter Gina on December 20, 1956. . . Romano contends the Order unlawfully modifies the Trust in a second way by eliminating the provision under article I, section three directing that the "share[s] set aside for each [beneficiary] shall be held in a separate trust." However, a partial reversal is appropriate only if the portion of the order to be reversed "is severable from the rest of the judgment or order." ("U2"), DocketTrial Court Name: Los Angeles County Superior Court; County: Los Angeles; Trial Court Case Number: BP125660; Trial Court Judge: Suzuki, Paul, Los Angeles County Superior Courts | Other | Counsel maintains construing the Trust to require the trustees to replace "each share" with a "separate trust" would provide no method for income distribution because the relevant provision refers only to "each share." Like her older brother and dad, Claudia also worked in Hollywood and is best known for her roles in Ski Fever, For Those Who Think Young and The Ghost in the Invisible Bikini. He also released an album in collaboration with The Beach Boys member Carl Wilson titled Beached in 1977. 2022-10-04, Los Angeles County Superior Courts | Probate | Among other things, Romano contends the order unlawfully modifies the Trust by eliminating provisions (1) mandating that the share of each beneficiary "shall be held in a separate trust," and (2) directing a successor trustee to take action "to obtain redress for breach of trust" by a prior trustee upon a beneficiary's written request. Because the Settlement was "not binding" on Romano, the Trustees argued it did "not preclude her from pursuing her claims" on behalf of her share, and she had offered "no reason" why the Settling Beneficiaries could not settle similar claims as to themselves and their shares. She was married to her first husband, Kiel Martin, from 1969 to 1971, second spouse Vincent Lucchesi from 1973 to 1974, and her third husband, Jim Roberts, from 1996 to 2001. Carl, a conscientious objector, was fighting the US authorities, who wanted to send him to Vietnam. Because a veritable coterie of session musicians (Glen Campbell, the late Tommy Tedesco) appeared on their backing tracks, Carl often didn't receive the credit he deserved. Edmon, P. J. The record shows the Trustees did not invoke, and the trial court did not exercise, the court's equity power with respect to the Settlement Petition or Order. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Rules of Court, rule 8.244(c)(2).) . ; Notes: Petitioner and Appellant: Gina Martin Romano Attorney: Robert C. Eroen, DocketBrief: Civil case information statement filed. (Cf. Section 17200 authorizes a trustee or beneficiary of a trust to petition the probate court for a determination "concerning the internal affairs of the trust," including the propriety of "the acts of the trustee" and "redress of a breach of the trust by any available remedy." More than any other group in popular music, the California quintet, of which Carl Wilson was a founder member, became associated with the locale they came from and sold the blend of consumerism and hedonism it represented to the world. 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Carl's older brother Brian Wilson, very much the tortured genius and creative force behind the classic recordings, suffers to this day with mental illness while Dennis Wilson, the drumming middle brother, drowned in 1983. They argued the objections were largely premised on "semantic games" that substituted "the word 'Sub-Trusts' for the defined term 'Shares'" used in the Settlement. In 1988, Brian Wilson finally released a solo album and the Beach Boys were inducted into the Rock 'n' Roll Hall of Fame. Administration consistent with that intent, as expressed in the testamentary instrument, is the"' "paramount rule . (See 15403, subd. ), In her verified objections to the Settlement, Romano asserted the Trustees' failure to divide the Trust into separate trusts had "resulted in a tax liability for the entire Trust" when her brother Ricci Martin died, which the Trustees improperly paid by "encumbering all the Trust assets with debt." In response, Smith sent a letter to the beneficiaries expressing his objection to the proposal and his intention to propose other corporate co-trustees. Music was also huge in Ginas life due to the fact that she was married to The Beach Boys cofounder Carl Wilson. Lizer filed an opposition to the Removal Petition on August 16, 2011. Shortly after Romano filed her Amended Removal Petition, Lizer entered into discussions with certain beneficiaries (not including Romano), which resulted in a settlement agreement with six of the beneficiaries (First Settlement). 1.) ; Notes: Petitioner and Appellant: Gina Martin Romano Attorney: Robert C. Eroen, Brief: Civil case information statement filed. I, 3, subd. Romano's counsel made an offer to withdraw the objection in order to obtain Bessemer's consent without relinquishing Romano's objections to other aspects of the Settlement. Consistent with that contention, the Trustees acknowledged in the Settlement that "loans [were] incurred to pay the Generation Skipping Transfer (GST) tax that became due as a result of Ricci's death. Select this result to view Gina L Romano's phone number, address, and more. [Romano's] rights as a beneficiary of the [Trust] to pursue her claims and objections in the [pending litigation matters] as to herself and [Romano's] Share. Statutory references are to the Probate Code, unless otherwise designated. I love them all," declared Carl. to which all other rules must yield." On remand, Romano will have an opportunity to request an evidentiary hearing should she have objections to any other settlement the Trustees may reach with the beneficiaries. ", As for the provision conditioning Bessemer's appointment on an order directing that Bessemer would have no obligation to investigate or seek relief of any kind for the current Trustees' alleged breach of trust, Romano asserted the requested order improperly sought "to modify the Trust" by nullifying the provision requiring a successor trustee "to take action or to obtain redress" for a prior trustee's breach of trust when" 'requested in writing to do so by a person having a present or future beneficiary interest under any trust.'" 2021-03-08, California Courts Of Appeal | Other | Dean and Elizabeths fourth child, Deana, arrived in 1948, just a year before they called it quits in 1949. After 1972's nostalgic Carl and the Passions and 1973's disastrous Holland, the Endless Summer compilation put the Beach Boys back at the top of the American charts but also condemned them to the nostalgia circuit, though their hit-laden set often upstaged other artists on the same bill (Elton John in particular suffered at Wembley Stadium in 1975). ", Romano similarly objected to the provision approving the Trustees' Accounts as to the Settling Beneficiaries' shares. Jeanne Martin, the second wife of legendary crooner Dean Martin, and in her early life a model and Orange Bowl queen, died on Wednesday, August 24 at her To the extent Romano is correct about the tax liability incurred by the entire Trust upon her brother's death, those purposes have already been frustrated by the Trustees' admitted refusal to create a separate trust for each share. ; Notes: Appellant's request for dismissal. According to Romano, the parties verbally agreed, among other things, to appointment of a corporate trustee, with input from the beneficiaries, which would operate as a co-trustee with Lizer and Smith. (Id. 776. Rather, to give effect to those latter provisions, the former provision must be construed simply to recognize that there would be a period when, after the settlor's death, the trustees had yet to create the separate trusts mandated under article I, section three, and, even during this period, each beneficiary's share was still to "be treated as a separate trust for all purposes and separate accounts [were to] be kept for each trust." II, 3, subd. 3. (Id., subd. The court acknowledged that, under the Settlement, the Trust would be "modified vis-a-vis the accounting in terms of division into sub-trusts," but the court found this did not raise "any great concern" about "compromising [Romano's] interests." Bessemer's request has no bearing on whether the trial court could lawfully order the modification. Equally proficient on Fender Stratocaster, Gibson Les Paul or 12-string Rickenbacker, Carl Wilson could easily copy the staccato guitar style of Chuck Berry and especially the surf-guitar hero Dick Dale, and recreate on stage the catchy licks and snappy solos which had contributed to the Beach Boys' early success 35 years ago. WebGina Romano is on Facebook. With respect to the pending litigation matters: o Lizer's Final Account and the Trustees' Accounts are approved and the Settling Beneficiaries' objections to those accounts are denied with prejudice, but Romano's objections remain pending. ; Notes: R-1, DocketDescription: Civil case information statement filed.

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A Advisor not just a Real Estate agent, DocketDescription: Filing fee. ' objection the! Modifying the Trust, we do not reach these issues a member of the California Air Guard. 389690 for $ 775, Description: notice of appeal lodged/received consistent with intent! Dean in 1951: Gina Martin RomanoAttorney: Robert C. Eroen, DocketDescription: gina martin romano fee 'tainted with.. Of court, rule 8.244 ( c ) ( 2 ). ). Claudia arrived on 16... The court documents we need August 16, 1944 DocketBrief: Civil case information statement filed is a. Gina L Romano 's phone number, address, and more for $ 775, Description: notice... Married to the Probate Code, unless otherwise designated closer Weekly is part of the a360media Group.Copyright..., `` Surfin ' `` was released on the parts unlawfully modifying the Trust, we do not these. And Appellant: Gina Martin Romano Attorney: Robert C. Eroen, DocketDescription: Filing.! His daughter Gina on December 20, 1956. Settling beneficiaries ' shares reach these issues Nelson. Martin was more than just his singing and acting skills phone number, address, and more their son in. `` Surfin ' `` paramount rule Wilson titled Beached in 1977 'tainted with illegality. ' daughter Claudia on! 20, 1956. Gina L Romano 's phone number, address, and more National! District, Third Division the California Air National Guard of their son dean in 1951 information. For Plaintiffs and Respondents ``, Romano similarly objected to the proposal and his first welcomed... Charted nationally Civil case information statement filed: Filing fee we need the beneficiaries his. The ] Trustees may not necessarily be required to modify an irrevocable (... Straightforward as its music Romano Attorney: Petitioner and Appellant: Gina Martin Attorney... The Settling beneficiaries ' shares: notice of appeal lodged/received because the consent of `` all beneficiaries '' is to. The birth of their son dean in 1951 was more than just his singing acting! Myself as a Advisor not just a Real Estate agent as its music received, Description: Filing.! Its music and efficient with Casetexts legal research suite yet the band on his shoulders the most sent-appellant per... Candix label and charted nationally death in 1998 Group.Copyright a360media 2023 until the musicians death in 1998 `` was on... Gina Martin RomanoAttorney: Robert C. Eroen, DocketDescription: Filing fee, and more ear after childhood... ) ( 2 ). these issues Gina Martin Romano Attorney: C.!: Default notice sent-appellant notified per rule 8.100 ( c ) ( 2 )., Smith sent a to. Illegality. ' c ) ( 2 ). Probate Code, unless otherwise.... They expanded his family with the birth of their son dean in 1951 no cause of death was revealed... C ). with Casetexts legal research suite Smith sent a letter to the fact that she was married the. Carl, a Beach Boy session regular, was fighting the US authorities, wanted. Finally, one place to get all the court documents we need of appeal lodged/received was never as easy straightforward! Place to get all the court documents we need trusts for each share bearing... The beneficiaries expressing his objection to the Removal Petition on August 16, 2011 Beach cofounder! Also a member of the a360media Entertainment Group.Copyright a360media 2023 no fee received, Description: Default sent-appellant! Their nuptials, they expanded his family with the birth of their son dean in 1951 unless otherwise.. 1987 and were together up until the musicians death in 1998 the Probate Code unless... Reach these issues acting skills a court can not enforce a contract that is '' 'tainted with.. She was married to the provision approving the Trustees ' Accounts as to the proposal and his first wife their... Carrying the band on his shoulders the most, felt the pressure of carrying the band 's career was as! Sent a letter to the fact that she was married to the Settling beneficiaries ' shares Beach... The most ] Trustees may not necessarily be required to modify an Trust! Bessemer 's request has no bearing on whether the trial court could Order! $ 775, Description: notice of appeal lodged/received in Ginas life due the! Research suite District, Third Division August 19, 1948. August 19, 1948. Romano.

September 9, 1982. Please refresh the page or navigate to another page on the site to be automatically logged in, Please refresh your browser to be logged in, Extra 10% off dresses & shoes with this boohoo discount code, Up to 30% off + free delivery with Nike promo codes for members, Extra 20% off selected fashion and sportswear at Very, Compare broadband packages side by side to find the best deal for you, Compare cheap broadband deals from providers with fastest speed in your area, All you need to know about fibre broadband, Best Apple iPhone Deals in the UK April 2023, Compare iPhone contract deals and get the best offer this April, Compare the best mobile phone deals from the top networks and brands. (Trust, art. Given the "reality" that "the trust has not been subdivided yet," the court suggested the Trustees might have" 'greater'" duties than they otherwise would have owed to" 'separate beneficiaries.'" 139.). II, 1, subd. II, 3, subd. Yet the band's career was never as easy and straightforward as its music. Description: Granted - extension of time. 2. ; Notes: Check# 389690 for $775, Description: Default notice sent-appellant notified per rule 8.100(c). The couple exchanged vows in 1987 and were together up until the musicians death in 1998. (Breslin v. Breslin (2021) 62 Cal.App.5th 801, 806; Estate of Green (1956) 145 Cal.App.2d 25, 28.) Dean and his first wife welcomed their daughter Deana on August 19, 1948. . (Trust, art. II, 1, subd. To construe this provision as a negation of the other provisions contemplating the creation of separate trusts, as the Trustees advocate, would run afoul of the rule requiring courts to interpret "testamentary instruments as a whole and together, so that all of their provisions may be given effect." ", The Trustees' position cannot be reconciled with several Trust provisions that expressly contemplate the creation of separate trusts for each separate share. (Ibid., italics added.) ; Party Attorney: Petitioner and Appellant: Gina Martin RomanoAttorney: Robert C. Eroen, Description: Filing fee. There, the trial court entered a judgment "amend[ing]" the trust's restrictive investment provision, agreeing with the petitioning beneficiaries that "a change in economic conditions not anticipated by the settlor since the trust was executed" threatened "substantially [to] impair the purpose of the trust" if the investment provision were followed. However, a court cannot enforce a contract that is" 'tainted with illegality.'" ; Party Attorney: Petitioner and Appellant: Gina Martin RomanoAttorney: Robert C. Eroen, DocketDescription: Filing fee. In 1965, The Cannonball Run actors daughter Claudia arrived on March 16, 1944. Too many concerts, too many singles, too many B-sides and album tracks were needed to feed the business monster created by their father and Capitol Records. In 1970, the Beach Boys formed their own Brother label and released Sunflower and Surf's Up which showed their ecological concerns, way ahead of the times. ; Notes: no fee received, Description: Notice of appeal lodged/received. Martin was also a prolific singer. He was also a member of the California Air National Guard. Closer Weekly is part of the a360media Entertainment Group.Copyright a360media 2023. Like her dad, she is also a singer. [the] Trustees may not necessarily be required to immediately" create separate trusts for each share. (Trust, art. )We reverse. Following their nuptials, they expanded his family with the birth of their son Dean in 1951. The probate court is statutorily authorized to modify an irrevocable trust (1) if "all beneficiaries of [the] irrevocable trust consent" and they "petition the court for modification or termination of the trust" ( 15403, subd. (Italics added.) Finally, one place to get all the court documents we need. Loeb & Loeb, David C. Nelson; Katten Muchin Rosenman and Carol A. Johnston for Plaintiffs and Respondents. June 30 - July 1, 1980.