Can a party assert a claim against a trustee in the personal capacity or in the representative capacity?
California, United States of America
The following excerpt is from Secrest v. Vaughn, D066702 (Cal. App. 2015):
A party can assert a claim against a trustee in the trustee's personal capacity, or in a representative capacity, or in both capacities, depending on the circumstances. ( 18000, subd. (a) [contracts], 18002 [tort claims], 18004 [asserting claims v. trust];
Page 9
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
Can an attorney for a corporation who represents the corporation in their representative capacity, not personally, obtain personal information from an officer? (California, United States of America)
Can a plaintiff in a personal representative action succeed as personal representative of the deceased? (California, United States of America)
What is the test for maintaining a personal representative's personal will in a personal injury case? (California, United States of America)
Is a "real party in interest" in a mandamus proceeding a "person" against whom a claim is asserted for purposes of the anti-SLAPP statute? (California, United States of America)
Is a self-represented party held to the same standards as a party who is not represented by counsel? (California, United States of America)
What is the burden of proof against a party who is not the party asserting the claim? (California, United States of America)
Can a personal representative assert the bar arising from failure to file or present a claim within the time prescribed by statute? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
What is the test for a claim against the personal representative of a deceased person for equitable indemnity? (California, United States of America)
