Schmidt v. Hart

Plaintiff Tricia Schmidt was the beneficiary of a trust, the terms of which permit her to reside in an apartment for the rest of her life, unless she no longer chooses to live there. Defendant Richard Hart, the trustee, 1 initiated an action against plaintiff for Forcible Entry and Wrongful Detainer (FED) when he received information that led him to believe that she had moved out of the apartment. The FED court agreed with defendant and evicted plaintiff from the property. Plaintiff then initiated this action against defendant for breach of fiduciary duty and breach of trust. Defendant moved…