Anderlini

Di Grazia v. Anderlini

Good Law
1994 Cal. App. LEXIS 167·22 Cal. App. 4th 1337·28 Cal. Rptr. 2d 37·94 Daily Journal DAR 2750·94 Cal. Daily Op. Serv. 1454
Court of Appeal of CaliforniaFebruary 24, 1994A059040California5,479 words

Opinion

Opinion

Benson, J.

appeals from a judgment holding him liable to the beneficiary, Eva Di Grazia (DiGrazia), for breaching his duty to manage the trust property so as to ensure her income. He contends DiGrazia’s action was barred by the statute of limitations, and that the damage award against him was not supported by the evidence and was improperly calculated. DiGrazia appeals from the same judgment on the ground the damages were inadequate. We vacate a portion of damage award, but in all other respects affirm the judgment.

Facts

In 1978, Sergio Di Grazia owned Marina Joe’s restaurant in San Francisco. Anderlini, an attorney, drafted Sergio Di Grazia’s will. Under the will, Sergio Di Grazia left his restaurant to his nephew, Guido Lucchesi (Luc-half outright, the other half to be held in trust for the benefit of DiGrazia, who was to receive the income from the half-interest held in trust until she died or remarried, at which point that interest would revert to Lucchesi. Anderlini was named trustee. Under the express terms of the trust, the trustee was authorized to invade principal for DiGrazia’s benefit, and had discretion to sell trust property.

Sergio Di Grazia died in 1981. By that…

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