Modification: Nagel v. Westen

NICOLE NAGEL ET AL.,

Plaintiffs and Appellants,

v.

TRACY A. WESTEN ET AL.,

Defendants and Respondents.

2d Civil No. B300552

(Super. Ct. No. 15CV01178)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed February 1, 2021

ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION

(No Change in Judgment)

THE COURT:

It is ordered that the opinion filed herein on January 7, 2021, be modified as set forth below:

1. On page 1, the second sentence in the first paragraph is modified to read as follows: They sold it to appellants Nicole Nagel and "ESY Investments" (Nagel) in 2011 for $4.12 million.

2. On page 1 and 2, the second sentence in the second paragraph is modified to read as follows: It awarded Nagel over $4.5 million for the loss of the home, which it held added no value to the land on which it stands.

3. On page 2, the second sentence in the first full paragraph is modified to read as follows: By the time ensuing and relatively fruitless efforts at collection were undertaken, Sellers had allegedly sent the bulk of their assets out of California including applying the proceeds of the sale to an expensive home in Texas to take advantage of that state's unlimited homestead exemption; and, with aid and counsel of Tracy Westen's siblings, placing additional assets in a variety of funds, annuities and investments in Nevada and Minnesota.

No change in judgment.

Appellants' petition for rehearing is denied.

GILBERT, P.J.

YEGAN, J.

PERREN, J.