California Court of Appeal

In plaintiffs' suit against the defendant-Newman Trust for breach of fiduciary duty based on fraud, summary judgment for defendant is affirmed as the Code of Civ. Proc. section 366.2 period of limitations is applicable to fraud claims based on statements of the decedent on behalf of a trust of which he was trustor and trustee, even though the action is against the successor trustee.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Richard A. Love, Richard A. Love, and Beth A. Shenfeld, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Dwyer, Daly, Brotzen & Bruno, Toni Rae Bruno and Steven D. Downer, Los Angeles, for Defendant and Respondent Anne P. Newman., The Vittal Law Firm and J. Anthony Vittal, Los Angeles, for Defendants and Respondents Ampton Investments, Inc. and Laurence N. Strenger.