Salter v. Lerner, No. A121525

In an appeal from a probate court's determination that a petition plaintiffs proposed to file against defendant seeking information regarding his conduct as trustee of a trust would not violate the no contest provision of the trust agreement, the order is affirmed where the proposed petition did not seek to do more than enforce defendant's nonwaivable fiduciary duty under Probate Code section 16060.

Read Salter v. Lerner, No. A121525

Appellate Information

Filed August 19, 2009

Judges

For Appellant:

Keith P. Bartel, Carr, McClellan, Ingersoll, Thompson & Horn, Burlingame, CA

John D. Minton, Carr, McClellan, Ingersoll, Thompson & Horn, Burlingame, CA

For Respondent:

Jon B. Eisenberg, Eisenberg & Hancock, Oakland, CA

William N. Hancock, Eisenberg & Hancock, Oakland, CA