California Court of Appeal

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Estate of Bowles, B203254, B203254

Dismissal of plaintiff's civil complaint and order denying plaintiff's first amended Probate Code section 17200 petition are reversed where: 1) plaintiff had standing; 2) plaintiff's allegations brought him within the rule that a trust beneficiary can pursue a cause of action against a third party who actively participated in or knowingly benefits from a trustee's breach of trust; 3) the civil complaint was not a probate matter under section 17200; but 4) the civil complaint was related to the section 17200 petition and whether the related civil complaint should be heard in the probate court must be resolved pursuant to local superior court rules; and 5) the probate court erred in dismissing plaintiff's first amended section 17200 petition.

Appellate Information

  • Decided 12/22/2008
  • Published 12/22/2008

Judges

  • TURNER, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Newell, Campbell & Roche, Robert M. Newell, Jr. and Richard D. Cleary, Los Angeles, for Petitioner, Plaintiff and Appellant.

  • For Appellees:
  • Hill, Farrer & Burill, Steven W. Bacon and Patrick E. Michela, Los Angeles, for Objectors, Defendants and Respondents.
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