GORDON LAZZARONE, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent
181 Cal. App. 3d 581 · 24661
California Court of Appeal · Filed
Holding
The court held that a probate court's orders approving a trustee's periodic accountings and final discharge, when final, are conclusive under Probate Code section 1123 and bar a subsequent civil action for negligence and fraud where the alleged losses were manifest on the face of those accountings and the beneficiary received proper notice of the hearings.
Statutes construed
- CCP § 430.30
- EVID § 452
- EVID § 459
- PROB § 1123
Cited by (7)
- ESTATE OF ABRAHAM L. GUMP, Deceased. WELLS FARGO BANK, as Trustee, etc., Petitioner and Appellant, v. ROBERT L. GUMP et al., Objectors and Respondents (1991) 1 Cal. App. 4th 582
- SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
- WILLIAM J. MURPHY, JR., Plaintiff and Respondent, v. MAUREEN MURPHY, Individually and as Trustee, etc., Defendant and Appellant (2008) 164 Cal. App. 4th 376
- LAWRENCE I. SCHWARTZ, Plaintiff and Appellant, v. FRUMEH LABOW, as Trustee, etc., et al., Defendants and Respondents (2008) 164 Cal. App. 4th 417
- ROBERT QUICK, JR., Plaintiff and Appellant, v. ADRIANNE PEARSON, as Trustee, etc., Defendant and Respondent (2010) 186 Cal. App. 4th 371
- DONNA JEAN KNOX, as Conservator, etc., et al., Plaintiff, Cross-defendant and Appellant, v. LAWRENCE A. DEAN II, Defendant, Cross-complainant and Respondent (2012) 205 Cal. App. 4th 417
- MARTHA B. NOGGLE et al., Plaintiffs and Respondents, v. BANK OF AMERICA NT & SA, as Trustee, etc., Defendant and Appellant; MARTHA B. NOGGLE et al., Plaintiffs and Appellants, v. BANK OF AMERICA NT & SA, as Trustee, etc., Defendant and Respondent (1999) 70 Cal. App. 4th 853
Authorities cited (11)
- Neel v. Barnard 24 Cal.2d 406
- Perna v. Bank of America National Trust & Savings Ass'n 28 Cal.App.2d 372
- Tobelman v. Hildebrandt 72 Cal. 313
- Morgan v. Asher 49 Cal.App. 172
- Estate of MARY SANDERS, Deceased. SARA SANDERS et al., Petitioners and Appellants, v. FRANK C. SUTTON, as Executor, etc., Objector and Respondent 40 Cal.3d 607
- Neubrand v. Superior Court 9 Cal.App.3d 311
- McLaughlin v. Security-First National Bank 20 Cal.App.2d 602
- Willson v. Security-First National Bank 21 Cal.2d 705
- Estate of CHARLES S. HOWARD, Deceased. BARRY BRANNEN, Petitioner and Respondent, v. CHARLES S. HOWARD III et al., Objectors and Appellants; CROCKER NATIONAL BANK, at Trustee, etc., et al., Objectors and Respondents 58 Cal.App.3d 250
- McLellan v. McLellan 17 Cal.2d 552
- Estate of JOSEPH VINCENT de LAVEAGA, Deceased. JUANITA VALERIE de LAVEAGA SOMAVIA, as Remainderman-Beneficiary, etc., Appellant, v. MARGARET BROYER BETTS, as Executrix, etc., Respondent 50 Cal.2d 480