Kendall v. Gilmore

Harold E. and Elizabeth H. Kendall appeal an order dismissing their Third Party First Amended Complaint with prejudice. We affirm the order insofar as it dismisses the complaint; we reverse the portion of the order dismissing with prejudice.

*682The appellants’ son, Harold E. Kendall Jr., filed a complaint against his father, his brother, Peter H.J. Kendall, and Maryanne Ballard, the independent trustee, alleging improprieties with the Lizzarraga Trust, which was created by the father for the use and benefit of the mother. The complaint alleged, inter alia, fraudulent transfers, breach of…