Is there a cause of action for damages arising out of a breach of trust of trust against a retired nurse?

California, United States of America


The following excerpt is from Ehret v. Ichioka, 247 Cal.App.2d 637, 55 Cal.Rptr. 869 (Cal. App. 1967):

The trial court regarded the cause of action as barred by the statute of limitations. Insofar as the California statute is concerned, the court was in error. The trust as alleged was not broken until Toshio's death, since until that time there was no repudiation of his duties. The statute of limitations began to run on Toshio's death, and not before. (Herrick v. Everhart (1966) 241 Cal.App.2d 195, a 50 Cal.Rptr. 454.) That event is alleged to have occurred in 1960; the action was filed in 1962, well within the statutory period.

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