Linda M. Monje

Linda M. Monje

Kronick, Moskovitz, Tiedemann & Girard

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Latest Posts › Fiduciary Duty

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Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

1/17/2014 - Anti-SLAPP Beneficiaries Breach of Duty Conversion Estate Planning Executors Fiduciary Duty Motion To Strike Trustees Unjust Enrichment

Update: California Supreme Court Rules That a No-Contest Clause in a Trust is Unenforceable Except Under Specific Circumstances

The California Supreme Court recently ruled in Donkin v. Donkin (December 26, 2013), that a challenge to the terms of a trust, in which beneficiaries were seeking interpretation and claiming fiduciary misconduct by trustees,...more

1/8/2014 - Fiduciary Duty No Contest Clause Trusts

Beneficiaries Of Trust Have Standing To Sue Trustee For Breach Of Fiduciary Duty That Occurred During Settlor’s Lifetime

In Estate of Giraldin (--- P.3d ----, Cal., December 20, 2012), the California Supreme Court considered whether beneficiaries of a trust, following the settlor’s death, had standing to sue the trustee for breach of fiduciary...more

1/14/2013 - Beneficiaries Fiduciary Duty Revocable Trusts Standing Trustees

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