WELLS FARGO BANK, N.A. v. COOK Et Al.; And Vice Versa

BARNES, Presiding Judge.

These companion appeals center on the administration of a charitable remainder annuity trust (“CRAT”) that was formed in 2000. The trustee of the CRAT was Wells Fargo Bank, N.A., 1 and the beneficiaries were Gail L. Cook and Lance A. Lipman (collectively, the “plaintiffs”). In 2011, after the corpus of the trust was exhausted, the plaintiffs sued the bank for breach of fiduciary duty and breach of contract. Following discovery, the plaintiffs moved for partial summary judgment on their breach of contract claim, and the bank moved for summary judgment on both of the…