Ehret

Ehret v. Ichioka

Good Law
1967 Cal. App. LEXIS 1715·247 Cal. App. 2d 637·55 Cal. Rptr. 869
Court of Appeal of CaliforniaJanuary 6, 1967Civ. 29051California2,452 words

Opinion

Opinion

Kingsley, J.

Plaintiffs Toshiye Ehret, Mia Ichioka Yamaoka, Shizuye Lewis and Futaba Ichioka are the issue of a marriage between Masako Ichioka and Toshio Ichioka, both now deceased. Plaintiff Mia Ichioka Yamaoka also appears as the administratrix of the estate of Masako Iehioka, deceased. Defendant Tsutayo Nakao Iehioka is the second wife of Toshio Iehioka. The action, described with more particularity below, is based on the claim that Toshio held certain property in trust for plaintiffs Toshiye, Mia, Shizuye and Futaba, and that he had violated that trust by transfers inter vivos and testamentary to Tsutayo, and that the latter is liable to account to them for this property and its proceeds. After sundry proceedings in the trial court, defendant’s demurrer to the fourth amended complaint was sustained without leave to amend, judgment of dismissal was duly entered and the present appeal was taken.

I

Originally, the action was instituted for the plaintiff children by the law firm of Burton & Gauldin, appearing by Alexander D. Thomson, Esq. Subsequently, Shizuye was appointed as guardian ad litem for her incompetent sibling Futaba and, beginning with the first amended complaint, she appears…

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