Sommerfield

FACTS

Our review of the court’s grant of summary judgment is de novo. (Benson v. Superior Court (2010) 185 Cal.App.4th 1179, 1185.) We review the evidence “in the light most favorable” to Larry. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.)

Background Information Concerning the Trust and the Sommerfield Family Jane and her husband Jean were the settlors and original trustees of the Trust. Jean died in April 2007. Jane became the sole beneficiary of the Trust at that time. Other family members, including Larry, are residual beneficiaries of the Trust. Jane is in her nineties. She struggles with a variety of medical problems and has depended on the Trust to manage her affairs, including the payment of living expenses. Since Jean’s death, Larry has been Jane’s attorney in fact for health care decisions pursuant to a 1999 document. Starting in May 2005, Larry and his sister Sue Ann Davidson served as co-attorneys in fact for Jane with regard to more general 3 financial decisions. Larry is a certified public accountant and a California lawyer. He owns a company called Direct Print Communications, Inc. (Direct Print), which has been in operation since 2000. Larry has…