Shabani
Shabani v. Regions Bank CA2/3
Opinion
Opinion
Lavin, J.
INTRODUCTION
This appeal arises from the trial court’s approval of a settlement agreement between plaintiff and respondent Joseph Shabani and defendant and respondent Regions Bank. The Bank, acting as a trustee, agreed to sell certain trust assets to plaintiff. The sale was obstructed by the beneficiary of the trust and protracted litigation ensued in this case and in a parallel probate proceeding. The Bank resigned as trustee and was replaced by defendant and appellant Cal Burton, who refuses to complete the sale. Plaintiff sued Cal Burton for breach of the asset purchase agreement and related claims and sued the Bank for fraudulent misrepresentation. Plaintiff’s claims against the Bank are barred as a matter of law. In the interest of halting further litigation, the Bank settled with plaintiff for $150,000 in exchange for a release of all claims against it. The court approved the settlement under Code of Civil Procedure section 877.6.1 Finding no error, we affirm.
1 All undesignated statutory references are to the Code of Civil
Procedure.
FACTS AND PROCEDURAL BACKGROUND
1. The Trust In 1998, Julius Burton, Sr. and Christopher Burton created a trust and transferred to…