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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

Trustee of Property is not Liable for an Injury that Occurs on the Property When Trustee is not Personally at Fault

A California Court of Appeal ruled recently that a trustee of a property, where an injury occurred, cannot be found liable for the injury in the absence of a showing that the trustee was personally at fault for causing the...more

10/31/2013 - Bodily Injury Negligence Premises Liability Trustees

Trustee Could Void Sale Due To Mistake Discovered Before Delivery Of Deed

The California Supreme Court recently addressed the issue of whether a trustee may void a nonjudicial foreclosure sale of real property because the trustee discovered prior to the delivery of the deed to the highest bidder...more

7/23/2013 - Auction Bids Deeds Foreclosure Land Titles Mistake Sales Trustees

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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