Gomez v. Smith
C089338
California Court of Appeal, Third Appellate District · Filed
Published · citable
Modified opinion
Holding
The court held that the trial court’s findings—(1) that Louise Gomez had a legitimate expectancy of an inheritance from a newly‑drafted living trust, (2) that Tammy Smith knowingly interfered with that expectancy, (3) that the interference was independently tortious as undue influence and a breach of fiduciary duty, and (4) that Frank Gomez possessed the requisite mental capacity to execute the trust—were supported by substantial evidence and therefore were affirmed. ---
Statutes construed
- CCP § 634
- CIV § 1575
- CIV § 3517
- PROB § 39
- PROB § 6100.5
- PROB § 812