Modification: Buskirk v. Buskirk

WALTER VAN BUSKIRK III,

Plaintiff and Appellant,

v.

ELLEN J. VAN BUSKIRK, Individually and as Trustee, etc., et al.,

Defendants and Respondents.

No. B295648

(Los Angeles County

Super. Ct. No. 18STPB07724)

California Courts of Appeal

Second Appellate District

Division Eight

Filed September 9, 2020

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

IT IS ORDERED that the opinion in the above-entitled matter filed on August 14, 2020, be modified as follows:

1.       On page 2, in the first sentence of Section I, replace "now is 92" with "was 91 when she executed her declaration in this case";

2.       On page 3, the following words from the fourth sentence of the last paragraph are deleted: "lived with and" and "in their family home";

3.       On page 10, in the second sentence of the last paragraph, replace "owned and still owns" with "interests in";

4.       On page 12, in the second sentence of the second paragraph, replace "own" with "hold interests in";

5.       On page 15, in the fourth sentence of the first paragraph, replace "owned---and still owns---" with "continues to hold interests in".

The petitions for rehearing filed by Respondents Ellen J. Van Buskirk, Patricia Schlener, and Susan Howard are denied.

There is no change in the judgment.

BIGELOW, P. J.

GRIMES, J.

WILEY, J.