McCalla

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD A MCCALLA, Case No. 22-cv-00675-KAW

Plaintiff, ORDER DENYING DEFENDANT'S v. MOTION FOR SUMMARY

JUDGMENT

JAMES NORD, Re: Dkt. No. 39 Defendant.

12 On February 1, 2022, Plaintiff Richard A. McCalla, as successor trustee of the McCalla Family Living Trust, filed the instant case against Defendant James Nord, alleging breach of fiduciary duty and professional negligence and seeking an accounting for Defendant’s time as trustee. Pending before the Court is Defendant’s motion for summary judgment. Having considered the parties’ filings, the relevant legal authority, and the arguments made at the July 20, 2023 hearing, the Court DENIES Defendant’s motion for summary judgment. I. BACKGROUND Thomas R. McCalla1 and Shirly H. McCalla were the settlors and initial co-trustees of the McCalla Family Living Trust (“Trust”), a revokable trust formed in 1994. (Decl. of Anthony D. …