Legal Opinion
Presta v. Tepper
California Court of Appeal
Decided October 28, 2009No. G040427PublishedCited by 15 opinions
1Opinion of the Court
Opinion
BEDSWORTH, Acting P. J.
Two men enter into a real estate investment partnership, each acting in his capacity as trustee of a family trust. The question is: who are the “partners,” the men, or the trusts? The answer is “the men.” A trust of the type formed by both men in this case is simply a fiduciary relationship, governed by the Probate Code, by which one person or entity owns and controls property for the benefit of another. Such a trust is not an entity separate from its trustee, and cannot independently do anything—it cannot sue or be sued; it cannot enter into agreements; and it…
2Cases cited9 opinions
- Merco Construction Engineers, Inc. v. Municipal CourtCalifornia Supreme Court · 1978
- Moeller v. Superior CourtCalifornia Supreme Court · 1997
- Powers v. AshtonCalifornia Court of Appeal · 1975
- Eggert v. Pacific States Savings & Loan Co.California Court of Appeal · 1943
- Ziegler v. NickelCalifornia Court of Appeal · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Portico Management Group, LLC v. HarrisonCalifornia Court of Appeal · 2011
- Higgins v. HigginsCalifornia Court of Appeal · 2017
- Swimmer v. Moeller (In Re Moeller)United States Bankruptcy Court, S.D. California · 2012
- Schmeglar v. PHM Financial, Inc. (In re Schmeglar)United States Bankruptcy Court, N.D. Illinois · 2015
- Han v. Hallberg, California Court of Appeal, 5th District2019
10 more not listed; retrieve them via the Exa API.