McLellan v. DeGear

8 Cal. 2d 49 ·

Supreme Court of California · Filed

Published · citable Cited by 5

Holding

The court held that a trustee’s commingling of trust assets with their own property constitutes a per se breach of fiduciary duty, mandating that the trustee be charged with statutory interest on the trust fund from the date of the breach, regardless of the trustee’s good faith or the actual profit realized from the transaction.

Cited by (5)

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