Asaro

Discussion. This litigation arises out of the family trust of Nicola and Antoinette

Giacalone, who are both deceased.1 The parties to the litigation are various beneficiaries and/or former trustees of the family trust. Anthony Asaro, a trust beneficiary, prevailed on his petition, which alleged wrongdoing by two sets of successive cotrustees. Jon Maniscalco, a former trustee and beneficiary, appeals the resolution of Asaro’s claims against him for breach of fiduciary duties owed to the trust and financial elder abuse of Antoinette. He argues: (1) Asaro lacked standing to assert his claims; (2) Asaro’s claims were time-barred; (3) Asaro’s claims were released pursuant to a settlement agreement between Jon and the then-trustees, including Nicola; (4) Asaro’s elder abuse claims were not supported by substantial evidence; and (5) the court improperly

calculated damages under Probate Code2 section 859 and improperly awarded those damages to Asaro individually. We find no reversible error

and affirm.

Because the case involves various family members with the same last name, we refer to these individuals by their first names, intending no disrespect.

All further…