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Wine Education Council, Inc. v. San Pasqual Fiduciary Trust Company et al

REPLY to Plaintiff's Combined Opposition to NOTICE OF MOTION AND MOTION to Dismiss defendant Peter Hilf and Memorandum of Points and Authorities in Support 26

14 Cited authorities

  1. I. E. Associates v. Safeco Title Ins. Co.

    39 Cal.3d 281 (Cal. 1985)   Cited 202 times
    Holding that trustees have no common law duty to provide notice beyond that required by section 2924b

  2. Price v. Akaka

    928 F.2d 824 (9th Cir. 1990)   Cited 162 times
    Permitting a § 1983 damages claim against state officials sued in their individual capacities

  3. Babbitt v. Superior Court of L. A. Cnty.

    246 Cal.App.4th 1135 (Cal. Ct. App. 2016)   Cited 28 times
    In Babbitt the court held that a beneficiary does not have standing to demand an accounting after the settlor/trustee's death where "there is no claim that the deceased settlor was incapacitated or subject to undue influence during the period of revocability."

  4. Patton v. Sherwood

    152 Cal.App.4th 339 (Cal. Ct. App. 2007)   Cited 21 times

    No. B189970. June 21, 2007. Appeal from the Superior Court of Ventura County, No. P078851, Kent M. Kellegrew, Judge. Ferguson, Case, Orr, Paterson Cunningham, David B. Shea and Sandra M. Robertson for Plaintiffs and Appellants. Norman, Dowler, Sawyer, Israel, Walker Barton and Matthew P. Guasco for Defendants and Respondents. OPINION YEGAN, J. Here we hold that the settlor of a charitable remainder unitrust (CRUT) may enforce the terms of the trust by petitioning the probate court concerning the

  5. L.B. Research & Ed. Foundation v. UCLA Foundation

    130 Cal.App.4th 171 (Cal. Ct. App. 2005)   Cited 22 times
    Holding that a donor of a conditional gift had standing to enforce the conditions when they were evidenced in the agreement establishing the gift

  6. Blackmon v. Hale

    1 Cal.3d 548 (Cal. 1970)   Cited 65 times
    Holding that the signature card "serves as a contract between the depositor and the bank for the handling of the account"

  7. Hooker v. Edes Home

    579 A.2d 608 (D.C. 1990)   Cited 25 times
    Concluding that the class of elderly, indigent women, who are eligible potential residents of a Trust-operated home, had standing to challenge the trustees' decision to put into effect a "major change from the manner in which the trust had been administered in the past"

  8. Holt v. College of Osteopathic Physicians & Surgeons

    61 Cal.2d 750 (Cal. 1964)   Cited 45 times   1 Legal Analyses
    In Holt v. College of Osteopathic Physicians & Surgeons, 61 Cal. 2d 750 (1964), the Attorney General declined to pursue a claim by plaintiffs against a charitable trust.

  9. San Diego Etc. Boy Scouts v. City of Escondido

    14 Cal.App.3d 189 (Cal. Ct. App. 1971)   Cited 13 times
    In Boy Scouts, we relied on Holt, which permitted minority trustees of a charitable corporation to maintain an action against majority trustees to enjoin a threatened breach of trust.

  10. Estate of Hensel

    144 Cal.App.2d 429 (Cal. Ct. App. 1956)   Cited 12 times

    Docket No. 21797. September 13, 1956. APPEAL from an order of the Superior Court of Los Angeles County settling the first accounts current of trustees and denying an amended petition of one trustee to surcharge another. Burdette J. Daniels, Judge. Reversed. Leland J. Allen for Appellant. Frye Yudelson for Respondent. VALLÉE, J. Appeal from an order settling the first accounts current of trustees and denying an amended petition of one trustee to surcharge another. The decree of distribution in this

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 16013 - Cotrustee's duties

    Cal. Prob. Code § 16013   Cited 6 times   1 Legal Analyses

    If a trust has more than one trustee, each trustee has a duty to do the following: (a) To participate in the administration of the trust. (b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust. Ca. Prob. Code § 16013 Enacted by Stats. 1990, Ch. 79.