Rawat

Filed 3/12/13 Rawat v. Newton CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

KIRAN RAWAT, as Trustee, etc., C068071

Plaintiff and Appellant, (Super. Ct. No. 06AS03195)

v.

ROBERT NEWTON et al.,

Defendants and Respondents.

In this action for breach of contract and fraud involving a 2001 purchase of seven- plus acres of vacant land for residential development, plaintiff the Krishna Living Trust (the Trust) appeals from a defense verdict following a jury trial.

1 We recognize that a trust is technically not a legal entity, but may act only through its trustee. (O’Flaherty v. Belgum (2004) 115 Cal.App.4th 1044, 1062; Code Civ. Proc., § 369, subd. (a)(2); see Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial…