Category: Marin County Superior Court

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Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

What pea is in which pod?  California probate disputes often involve questions of property ownership.  Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true owner of specified property. Yet how far can Section 850 petitions be stretched?  In Parker v. Schwarcz (2022) 84 … Continue Reading

Another Shiner – Court Confirms Hefty Fee Award to California Attorney General in Breach of Charitable Trust Action

In California, the Attorney General oversees charitable trusts.  This responsibility includes bringing legal actions against trustees who breach their fiduciary duties.  Government Code section 12598 provides that the Attorney General is entitled to recover from a defendant all reasonable attorney’s fees and actual costs incurred in an action to enforce a charitable trust.  But what … Continue Reading
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