California Court of Appeal

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Salter v. Lerner, A121525

In an appeal from a probate court's determination that a petition plaintiffs proposed to file against defendant seeking information regarding his conduct as trustee of a trust would not violate the no contest provision of the trust agreement, the order is affirmed where the proposed petition did not seek to do more than enforce defendant's nonwaivable fiduciary duty under Probate Code section 16060.

Appellate Information

  • Decided 08/19/2009
  • Published 08/19/2009

Judges

  • POLLAK, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Carr, McClellan, Ingersoll, Thompson & Horn, Keith P. Bartel and John D. Minton, Burlingame, for Plaintiffs and Respondents., Eisenberg and Hancock LLP, Jon B. Eisenberg and William N. Hancock, MacInnis, Donner & Koplowitz, Edward A. Koplowitz, San Francisco, for Defendant and Appellant.
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