Pineda

NORTHERN TRUST BANK OF CALIFORNIA NA v. Pineda

Good Law
1997 Cal. App. LEXIS 832·58 Cal. App. 4th 603·68 Cal. Rptr. 2d 357·97 Cal. Daily Op. Serv. 8070
Court of Appeal of CaliforniaOctober 16, 1997B114113California1,771 words

Opinion

Opinion

Turner, J.

Charlene and Donna Pineda, objectors in a trust proceeding (objectors), appeal from a purported charging order pursuant to Probate Code section 17211. Because no final charging order against the objectors’ future or present interests in the trust has yet been entered, we conclude the appeal must be dismissed.

On September 30, 1996, the Northern Trust Bank of California N.A., the trustee of the Elvira A. Reed Trust, filed a petition for instructions and an order settling a first account. On October 11, 1996, the objectors filed a separate complaint which alleged causes of action for: breach of the trust instrument; negligence; gross negligence; fiduciary duty breach; constructive fraud; fraud; conspiracy to defraud; injunctive relief; and money had and received. The complaint was assigned a separate case number by the superior court clerk. Various proceedings were subsequently conducted in connection with this case.

On July 8, 1997, the trustee filed an ex parte application to: confirm the applicability of section 17200 et seq. to the complaint filed by the objectors on October 11, 1996; confirm a prior order that the trust matter and the complaint filed October 11,…

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