California Court of Appeal

In an action alleging defendant attorney drained off plaintiff's assets, dismissal of the complaint as to plaintiff trust and entity is reversed, where: 1) plaintiffs alleged facts sufficient to state a viable cause of action against defendant-law firm, when they alleged that defendant Attorney Novell, as the original trustee of the trusts, engaged in acts tantamount to breach of trust and that defendant Attorney Allen and defendant-law firm knowingly participated in those acts to their benefit; 2) as stated in a companion opinion, the trial court erred in striking all of the plaintiffs' conspiracy allegations, which formed the primary underpinnings of their fraud and misrepresentation causes of action; 3) it is premature to conclude that plaintiffs are unable to allege facts sufficient to state a viable cause of action based on fraud or misrepresentation; and 4) the statute of limitations does not bars any of the causes of action.

Appellate Information

• Decided 12/18/2013
• Published 12/18/2013

Judges

• MOORE

Court

• California Court of Appeal

Counsel