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Brando Trust Wins Victory in State of California Court of Appeal
Court Rules Against Appellant Deborah Brando Ruling Plaintiff's Attempt to Disturb the Closed Estate of Marlon Brando Was Improper
| Source: Brando Trust
BEVERLY HILLS, CA--(Marketwire - August 5, 2009) - The State of California Court of Appeal
has ruled in favor of the Brando Trust and decided against an appeal made
by plaintiff Deborah Brando (nee Presley) who petitioned to revoke the
decision of the probate May 2007 court orders upholding Avra Douglas, Larry
Dressler and Mike Medavoy as co-executors of the Brando Estate.
The Court of Appeal decision represents the third failed attempt by the
Plaintiff to challenge the will and reopen the estate. The Plaintiff's
original challenge was denied when the probate court dismissed her first
attempt on January 16, 2008.
The Plaintiff filed her second attempt on January 28, 2008. On May 29,
2008, the probate court dismissed her second petition because she did not
have standing to seek the revocation of Marlon Brando's codicil previously
admitted to probate; she was barred from seeking revocation because the
applicable statute of limitations had expired; and she had not provided
grounds sufficient for the probate court to grant the relief she requested.
Stemming from her failed second attempt, the Plaintiff filed her petition
to the State of California Court of Appeal, which heard oral arguments on
the appeal on July 23, 2009. The Court of Appeal issued its unanimous
decision on July 30, 2009, seven days later.
The Court of Appeal's decision affirms the probate judgment on two grounds:
(1) The petitioner does not have standing to challenge the will; and (2)
her attempt to challenge the will is untimely. The Court of Appeal awarded
Douglas, Medavoy and Dressler their costs on appeal.
The Court of Appeal's decision affirms that Plaintiff's attempt to disturb
the closed estate of Marlon Brando was improper as a matter of law. The
opinion also confirms that Plaintiff has no interest in the Estate of
Marlon Brando and that her attack on the closed estate is untimely.
Michael S. Brophy, litigation partner at Russ, August and Kabat, is the
attorney that handled the appeal for the discharged co-executors. Brophy
is also handling related civil litigation filed by Deborah Brando (nee
Presley). Elizabeth A. Bawden, partner at Larson & Bawden LLP, handled the
underlying probate proceeding.
Brophy states: "The Court of Appeal's opinion confirms that the probate
court orders are the final word on these estate issues. Avra Douglas, Mike
Medavoy, and Larry Dressler served as co-executors of the valid will of
Marlon Brando and in that capacity acted appropriately under the terms of
the will and the laws of the State of California."
Brophy added: "It is unfortunate that the appellant continued to seek to
disturb the closed estate, even after the probate court explained that her
action was inappropriate. The probate statutes are designed to provide
certainty and to prevent untimely attacks like these. The statutory
protections and procedures prevent disinterested parties from using
untimely, false accusations to disturb settled transactions and
distributions."
"We are delighted by the ruling of the Court of Appeal and look forward to
continuing to carry out all of our responsibilities as co-trustees
according to Marlon Brando's wishes. We have dealt with numerous lawsuits
involving Marlon Brando's Estate since 2004 and we look forward to having
the one remaining lawsuit resolved in the very near future so that the
Trust can focus its time, attention and valuable resources on building a
strong and successful business on behalf of the beneficiaries," said the
Brando Trust.