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. ---

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