Legal Opinion
Wolf v. Mitchell, Silberberg & Knupp
California Court of Appeal
Decided December 7, 1999No. B119999PublishedCited by 15 opinions
1Opinion of the Court
Opinion
KUHL, J. *
This action is brought by a trust beneficiary against attorneys for the trustee. The trust beneficiary alleges that the attorneys actively participated with the trustee in breaches of fiduciary duty that essentially looted the trust. The trial court granted summary judgment in favor of the defendant attorneys on the ground that the trust beneficiary was not the real party in interest and only the trustee could bring this action. We reverse. Ordinarily the trustee is the real party in interest when a cause of action is prosecuted on behalf of a trust. However, the - California…
2Cases cited10 opinions
- City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
- Doctors' Co. v. Superior CourtCalifornia Supreme Court · 1989
- Pierce v. LymanCalifornia Court of Appeal · 1991
- Saks v. Damon Raike & Co.California Court of Appeal · 1992
- Morales v. Field, DeGoff, Huppert & MacGowanCalifornia Court of Appeal · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Neilson v. Union Bank of California, N.A.District Court, C.D. California · 2003
- Moore v. ShawCalifornia Court of Appeal · 2004
- Nasrawi v. Buck Consultants LLCCalifornia Court of Appeal · 2014
- Stoll v. Quintanar (In Re Stoll)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Everest Investors 8 v. Whitehall Real Estate Limited Partnership XICalifornia Court of Appeal · 2002
10 more not listed; retrieve them via the Exa API.