Asaro v. Maniscalco

Holding

The court held that Anthony Asaro possessed standing to bring both breach‑of‑fiduciary‑duty and financial‑elder‑abuse claims on behalf of the Giacalone Family Trust and the estate of Antoinette Giacalone, that his claims were timely under the delayed‑discovery rule, that the 2011 settlement could not bar his causes of action because he was not a party to, nor gave informed consent to, the agreement, and that the trial court’s award of statutory penalties under Probate Code § 859 was proper and may be awarded to the individual plaintiff where the award is the direct result of the plaintiff’s successful litigation. ---