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Donkin v. Federizo

Filed 9/2/25 Donkin v. Federizo CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

RODNEY E. DONKIN, JR., et al., Plaintiffs and Appellants, v.

AILEEN FEDERIZO, as Interim Trustee, etc.,

Defendant and Respondent.

B340903

(Los Angeles County Super. Ct. No. BP109463) APPEAL from an order of the Superior Court of Los Angeles County, Ana Luna, Judge. Dismissed. Rodney E. Donkin, Jr., in pro. per., for Plaintiff and Appellant Rodney E. Donkin, Jr.

Vicki R. Donkin, in pro. per., for Plaintiff and Appellant Vicki R. Donkin.

Rodnunsky & Associates and Yevgeny L. Belous for Defendant and Respondent.

1

2

We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, standard 8.1. With certain exceptions, an appeal from a probate court order

"stays the operation and effect of the . . . order." (Prob. Code § 1310, subd. (a).) "[F]or the purpose of preventing injury or loss to a person or property," however, the court may issue an order

"direct[ing] the exercise of the powers of[, inter alia,] . . . [a] temporary trustee," to act on the appealed from order "as if no appeal were pending." (Id., § 1310, subd. (b).) In an April 13, 2022 order that is not the subject of the instant appeal, the probate court authorized the trust's temporary interim trustee, respondent Aileen Federizo, to immediately sell real property in the trust (the Baker Canyon property). Appellants Rodney Donkin Jr. and Vicki Donkin appealed that 2022 sale order in case No. B321793. On July 3, 2024, the probate court authorized Federizo, under Probate Code section 1310, subdivision (b), to sell the Baker Canyon property, notwithstanding the pendency of the appeal from the 2022 sale order.

The instant appeal is from the 2024 Probate Code section 1310, subdivision (b) order. But that order has legal and practical significance only as long as the appeal from the 2022 sale order is still pending, which it no longer is.1Thus, we can no longer grant effective relief in the instant appeal, and the appeal is moot. (See In re D.P. (2023) 14 Cal.5th 266, 277 [appeal moot

1 We affirmed the 2022 sale order in an April 28, 2025 unpublished opinion (modified on denial of rehearing on May 23, 2025). Appellants filed a petition for review of that decision with the California Supreme Court, which the court denied on July 23, 2025.

3

if reviewing court unable to grant effective relief, meaning the appellant "suffered from a change in legal status . . . that is capable of being redressed by a favorable . . . decision" in the appeal].)

DISPOSITION

The appeal is dismissed. Respondent is awarded her costs on appeal.

NOT TO BE PUBLISHED.

ROTHSCHILD, P. J.

We concur:

BENDIX, J.

WEINGART, J.

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Donkin v. Federizo
(Sep 2, 2025)