Legal Opinion

Babbitt v. Superior Court of Los Angeles County

California Court of Appeal

Decided April 25, 2016No. B263917PublishedCited by 12 opinions

1Opinion of the Court

Opinion

SEGAL, J.—

INTRODUCTION

In Estate of Giraldin (2012) 55 Cal.4th 1058 [150 Cal.Rptr.3d 205, 290 P.3d 199] (Giraldin) the California Supreme Court held that when the settlor of a revocable trust appoints, during Ms lifetime, “ ‘someone other than himself to act as trustee, once the settlor dies and the trust becomes irrevocable,’ ” the remainder beneficiaries “ ‘have standing to sue the trustee for breaches of fiduciary duty committed during the period of revocability.’ ” (Id. at pp. 1065-1066, 1068.) This standing gives the beneficiaries the right to demand an accounting and information…

2Cases cited21 opinions

  1. Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
  2. Johnson v. GreenelshCalifornia Supreme Court · 2009
  3. Mt. Hawley Insurance v. LopezCalifornia Court of Appeal · 2013
  4. American Financial Services Ass'n v. City of OaklandCalifornia Supreme Court · 2005
  5. In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, TrusteeSupreme Court of Iowa · 2013

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3Cited by12 opinions

  1. Tepper v. WilkinsCalifornia Court of Appeal · 2017
  2. Barefoot v. Jennings, California Court of Appeal, 5th District2018
  3. Bailey v. BaileyCalifornia Court of Appeal · 2023
  4. Baker v. Yamaha Motor Corporation, USA CA4/2California Court of Appeal · 2021
  5. Barefoot v. JenningsCalifornia Court of Appeal · 2018

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