California Court of Appeal

Reset A A Font size: Print

Aulisio v. Bancroft, G048906

In this case, plaintiff Aulisio's Jeep vehicle was towed by defendants. Legal title to the Jeep was owned by the CAAJ Leasing Trust (CAAJ), which Aulisio created as sole grantor, trustee, and trust beneficiary. Judgment in favor of defendants, finding that defendants did not wrongfully tow and convert plaintiff Aulisio's vehicle nor convert the personal property it contained, and ruling that CAAJ "can't participate in the proceedings" with Aulisio appearing in propria persona as the trust's sole trustee and sole beneficiary, is: 1) affirmed with respect to the wrongful towing and property conversion claims concerning Aulisio in his individual capacity, as he did not own the vehicle in that capacity and was not entitled to damages for its loss; and 2) reversed as to the CAAJ judgment, where the sole trustee of a revocable living trust who is also the sole settlor and beneficiary of the trust assets does not appear in court proceedings concerning the trust in a representative capacity, but instead properly acts in propria persona.

Appellate Information

  • Decided 10/30/2014
  • Published 10/30/2014

Judges

Court

  • California Court of Appeal

Counsel