California Court of Appeal

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Drake v. Pinkham, C068747

Summary judgment entered in favor of defendants, on plaintiff's petition to invalidate two amendments to a revocable trust, for a declaration that defendants predeceased the decedent, for imposition of a constructive trust, and for damages, is affirmed on the ground of laches, where: 1) plaintiff failed to bring the action until after decedent had passed away; and 2) this failure was necessarily prejudicial where, as here, each and every cause of action set forth in the underlying petition centered on decedent, her mental capacity, defendant's influence over her, and her understanding of the Fourth and Fifth Amendments and her estate.

Appellate Information

  • Decided 06/21/2013
  • Published 06/21/2013

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel