Stoltenberg

INTRODUCTION

In the published portion of this opinion, we affirm the judgment in favor of defendant and respondent Newman Family Trust based on Code of Civil Procedure section 366.2’s (section 366.2) one-year period of limitations after death. We hold that the section 366.2 period of limitations is applicable to fraud claims based on statements of the decedent on behalf of a trust of which he was trustor and trustee, even though the action is against the successor trustee. In the unpublished portion of this opinion, we reverse the judgment in favor of the other defendants.

BACKGROUND

Plaintiffs and appellants 1680 Property Trust, Michael L. Epstein Trust, Stephen Ellis Gordon and Linda S. Gordon Revocable Trust, and the Lamonica Family Trust (collectively plaintiffs) are limited partners of Orange Mall Development Associates (OMDA) and Shoprop Associates (Shoprop), which entities were prior owners of Mall of Orange (the Mall), a retail center located in Orange, California. Prior to October 1995, the general partners of OMDA and Shoprop consisted of Newman Family Trust and LeRoy H. Brettin. Harry Newman, Jr. (Newman) and Anne P. Newman were trustors of Newman Family…