California Supreme Court Watch

#22-130 Balistreri v. Balistreri, S273909. (A162222; 75 Cal.App.5th 511; San Francisco County Superior Court; PTR20303610.) Petition for review after the Court of Appeal affirmed an order in a probate proceeding. The court ordered briefing deferred pending decision in Haggerty v. Thornton, S271483 (#21-562), which presents the following issue: Can a trust be modified according to the statutory procedures for revocation of a trust (Prob. Code, § 15401) if the trust instrument itself sets forth identical procedures for modification and revocation?

Review granted; briefing deferred: 5/11/2022

Transferred to CA 1/3 after hold: 4/24/2024

“The above-captioned matter is transferred to the Court of Appeal, First Appellate District, Division Three, with directions to vacate its decision and reconsider the cause in light of Haggerty v. Thornton (2024) 15 Cal.5th 729. (Cal. Rules of Court, rule 8.528(d).)”

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.

See the Court of Appeal Opinion.