Legal Opinion

Orange Catholic Found. v. Arvizu

California Court of Appeal, 5th District

Decided October 17, 2018No. G055189PublishedCited by 16 opinions

1Opinion of the CourtMoore, J.

*285Probate Code section 16440, subdivision (b) (16440(b) ) provides that if a "trustee has acted reasonably and in good faith under the circumstances as known to the trustee," a court has discretion to excuse him or her from liability for a breach of trust if it would be equitable to do so.1 (Italics added.) Acting under this express authority, the trial court denied a petition brought by Orange Catholic Foundation2 and Kevin W. Vann, the Roman Catholic Bishop of Orange (collectively, the Church) to *286remove Rosie Mary Arvizu from her position as trustee of the Josephine Kennedy Trust (Trust) and…

2Cases cited14 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  3. Cortez v. Purolator Air Filtration Products Co.California Supreme Court · 2000
  4. Shamblin v. BrattainCalifornia Supreme Court · 1988
  5. Winograd v. American Broadcasting Co.California Court of Appeal · 1999

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3Cited by16 opinions

  1. Albrecht v. Albrecht CA2/4California Court of Appeal · 2021
  2. Aljabban v. Fontana Indoor Swap Meet CA4/1California Court of Appeal · 2020
  3. Elliott v. ElliottDistrict Court, E.D. California · 2021
  4. Estate of FloresCalifornia Court of Appeal · 2024
  5. Las Posas Valley Water etc. v. Ventura County Waterworks etc.California Court of Appeal · 2026

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