California Court of Appeal

In a dispute involving a trust, summary judgment for defendants is reversed where: 1) the late filing by plaintiff of an opposition statement did not violate the policies of Code Civ. Pro. section 437c (b)(2) or (b)(3) and thus was not sufficient grounds for granting summary judgment; 2) defendants did not address the amendment to one trust in their motion for summary judgment, which was a material allegation; 3) defendant's motion for summary adjudication of the elder abuse cause of action was insufficient as he did not provide the necessary facts to support the motion; 4) trial court improperly granted summary adjudication with respect to the cause of action for a constructive trust as defendants did not establish all the necessary elements; and 5) defendants should not have obtained summary adjudication on the accounting cause of action on the basis of plaintiff's insufficient discovery answers.

Appellate Information

• Decided 04/22/2009
• Published 04/22/2009

Judges

• BLEASE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Thomas H. Keeling, Stockton & Franklin J. Brummett, for Plaintiff and Appellant.


• For Appellees:
  
• Downey, Brand, M. Max Steinheimer, Mathew J. Weber, Stockton, for Defendants and Respondents.