Pillsbury

Pillsbury v. Karmgard

Good Law
1994 Cal. App. LEXIS 117·22 Cal. App. 4th 743·27 Cal. Rptr. 2d 491·94 Daily Journal DAR 1909
Court of Appeal of CaliforniaJanuary 26, 1994D016237California6,514 words

Opinion

Opinion

Kremer, J.

—Plaintiff Laurence L. Pillsbury appeals a judgment favoring defendants Wayne A. Karmgard, L. Ross Whitney and McKusick & Associates on his complaint for malicious prosecution and deceit. Pillsbury asserts numerous errors, most involving his contention the superior court improperly determined he lacked standing to pursue those claims. We affirm the judgment.

I

Introduction

Pillsbury was a beneficiary of an express trust established by his father. Seeking to sell trust real property, Pillsbury and the trustee Wells Fargo Bank received purchase offers from two prospective buyers—Karmgard and Parenti. Due to the actions of Pillsbury and Wells Fargo, both prospective buyers thought they had a deal. A stalemate ensued. After Karmgard unsuccessfully sued Wells Fargo for specific performance, Wells Fargo declined to sue Karmgard, his real estate agent Whitney, or Whitney’s employer McKusick & Associates for pursuing that specific performance lawsuit. Pillsbury as trust beneficiary then filed this action against Karmgard and the broker defendants for malicious prosecution and deceit. Defendants challenged Pillsbury’s standing to maintain those claims. The superior court…

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