Lazzarone

Plaintiff Gordon Lazzarone appeals from a judgment dismissing his action against defendant Bank of America NT & SA (hereafter Bank). Plaintiff is beneficiary of a testamentary trust formerly administered by Bank as trustee. After learning his trust corpus had sustained losses during Bank’s prior administration, plaintiff brought an action against Bank in superior court for damages for negligence and fraud. The trial court sustained Bank’s demurrer without leave to amend.

We conclude plaintiff’s complaint is barred by the res judicata effect given to orders of the superior court sitting in probate (hereafter probate court) approving Bank’s periodic accountings and discharging Bank as trustee. Since plaintiff has not shown his complaint may be salvaged by amendment, we affirm the judgment.

Factual and Procedural Background

Plaintiff is the beneficiary of a testamentary trust established by his grandfather, Carlo Lazzarone. Bank was appointed trustee on or about December 8, 1971, and remained as trustee until it was discharged on September 1, 1982.

Between 1972 and 1980, Bank filed with the probate court annual accountings and reports respecting its administration of the…