Ferra
Ferra v. Gilmore CA2/5
Opinion
Opinion
Kim, J.
I. INTRODUCTION
Plaintiff Maria Ferra,1 the trustee of the Anthony Ferra Exempt Marital Trust Established Under Instrument dated April 24, 1995 (the Trust), appeals from a judgment of dismissal following the sustaining of demurrers without leave to amend. We reverse as to the causes of action for conversion, violation of Penal Code section 496, subdivision (c), and violation of Civil Code section 1712 against defendant Christina Ferra Gilmore. We otherwise affirm.
II. BACKGROUND
A. Factual Background
“On demurrer review, we accept the truth of material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. We may also consider matters subject to judicial notice.” (State Dept. of State Hospitals v. Superior Court (2015)
Because several individuals share the same last name, we will refer to them by their first name for ease of reference.
2 61 Cal.4th 339, 346.) We summarize the facts alleged by plaintiff in the first amended complaint as follows.
1. Note and Deed of Trust
Mary Lou and Anthony were married and had two daughters, Christina and Sandra. Christina is the special administrator and executor for Mary Lou’s estate. Mary…