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In the California Court of Appeals Case Number A159314, the First District Court of Appeals has found in favor of The Demiris Law Firm, P.C.'s client Leslie M. Byrne, private professional fiduciary, as trustee of the Dorene Neth Trust, by upholding the validity of the trust. The trust was under multiple levels of attack, involving incapacity, undue influence, mistake, fraud, and allegations that the withdrawal right exercised by the settlor was improper. The appeal was from Alameda County Superior Court case before Judge Thomas Reardon. The party opposing the Dorene Neth Trust, Laurel Neth, was a disinherited step-daughter fighting against her step-mother's longstanding wishes that her assets go to charitable purposes for the benefit of animals. Step-daughter, Laurel Neth was represented by Patricia Scott at the lower trial court level and then both Patricia Scott and Nathan Pastor on appeal. The Court of Appeals affirmed the lower court's decision finding no basis to support the appellant's claims of error by the judge at the lower court level.
The matter was argued at oral argument by attorney Konstantine "Kosta" Demiris for the Demiris Law Firm, P.C. on behalf of Leslie M. Byrne and by Nathan Pastor for Laurel Neth.
A copy of the unpublished opinion is attached.
