1680 Prop. Trust v. Newman Trust, No. B207613

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.     

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Filed November 17, 2009

Judges

Opinion by Judge Mosk

Counsel
For Appellant: Law Offices of Richard A. Love, Richard A. Love, and Beth A. Shenfeld

For Appellee:  The Vittal Law Firm and J. Anthony Vittal