Legal Opinion
Saks v. Damon Raike & Co.
California Court of Appeal
Decided June 15, 1992No. A052630PublishedCited by 41 opinions
1Opinion of the Court
Opinion
CHIN, J.
Lila J. Saks and Marian King, beneficiaries of a testamentary trust (the Trust), appeal from a judgment entered on an order sustaining, without leave to amend, two separate demurrers to their second amended complaint. They sought over $2 million in damages, alleging negligence, breach of contract, and breach of fiduciary duty by both the attorney and real estate broker employed by the trustee. They claim the assets of the Trust were depleted through imprudent transactions. We conclude that Saks and King cannot maintain this action because the trustee is not a party and they did…
2Cases cited18 opinions
- Biakanja v. IrvingCalifornia Supreme Court · 1958
- Lucas v. HammCalifornia Supreme Court · 1961
- Daar v. Yellow Cab Co.California Supreme Court · 1967
- White v. DavisCalifornia Supreme Court · 1975
- Pierce v. LymanCalifornia Court of Appeal · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Spinner v. NuttMassachusetts Supreme Judicial Court · 1994
- City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
- Cloud v. Northrop Grumman Corp.California Court of Appeal · 1998
- Murphy v. American General Life InsuranceDistrict Court, C.D. California · 2015
- Orff v. United StatesCourt of Appeals for the Ninth Circuit · 2004
36 more not listed; retrieve them via the Exa API.