Hudson

Hudson v. Foster

Good Law
Court of Appeal of CaliforniaSeptember 7, 2021B300017California10,614 words

Opinion

Opinion

Moor, J.

Filed 9/7/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

NIGEL HUDSON, B300017

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SP008763) v.

LUCAS FOSTER,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Brenda Penny, Judge. Reversed and remanded, with directions. Law Offices of Martin L. Horwitz and Martin L. Horwitz; Klapach & Klapach and Joseph S. Klapach for Petitioner and Appellant. Garrett & Tully, Ryan C. Squire, Adjoa M. Anim-Appriah for Respondent. _______________________________ A conservatee filed a motion asking the probate court to exercise its inherent equitable authority to set aside an order approving his former conservator’s final account due to misrepresentations of material fact in the account. The probate court denied the motion after finding that the conservatee failed to show he was unaware of the defects in the account at the time it was approved, or failed to act with reasonable diligence to set aside the order in light of information that he should have known. On appeal, the conservatee contends…

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