What is an equitable reformation of trust?

Useful Rulings on Equitable Reformation of Trust

Recent Rulings on Equitable Reformation of Trust

FRANK X. ENDERLE, JR., TRUSTEE OF THE AUGUSTINE H. ENDERLE TRUST, ET AL. VS OAKWOOD CEMETERY ASSOCIATION, OF LOS ANGELES, A NON-PROFIT CORPORATION, ET AL.

As a result, on August 21, 2019, Plaintiffs filed this action for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Conversion; (4) Money Had and Received; (5) Unjust Enrichment; (6) Declaratory Relief; (7) Accounting and (8) Constructive Trust. OCA’s demurrer to the Conversion and Constructive Trust causes of action was sustained with leave to amend. On December 4, 2019, Plaintiffs filed a First Amended Complaint.

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

contract Usury Reformation of Ben Jewelry Promissory Note and Deed of Trust Declaratory Relief On June 4, 2020, the Court granted Lam’s Ex Parte Application for a Temporary Restraining Order Enjoining the Non-Judicial Foreclosure and for an Order to Show Cause as to Why a Preliminary Injunction Should Not be Granted.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

contract Usury Reformation of Ben Jewelry Promissory Note and Deed of Trust Declaratory Relief On June 4, 2020, the Court granted Lam’s Ex Parte Application for a Temporary Restraining Order Enjoining the Non-Judicial Foreclosure and for an Order to Show Cause as to Why a Preliminary Injunction Should Not be Granted.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

DITECH FINANCIAL LLC V. MONIQUE MCTEER

On March 28, 2018, Ditech Financial, LLC (“Ditech”) filed this action against Monique McTeer (“McTeer”) for reformation of legal description and assessor’s parcel number in deed of trust, and declaratory relief.

  • Hearing

    Mar 17, 2020

FIREFIGHTERS FIRST CREDIT UNION VS BRIAN CRUMPLER

On July 10, 2014, Crumpler filed a Cross-Complaint against FFCU, Huff, David Huff, and Roes 1-20, alleging five causes of action: Establishment of a resulting or constructive trust Reformation of beneficiary designation Declaratory relief Common count for money had and received Negligence On August 5, 2014, Huff filed a Cross-Complaint against FFCU, Crumpler, David Huff, and Roes 1-20, alleging three causes of action: Establishment of a resulting or constructive trust Constructive trust of other assets

  • Hearing

    Mar 12, 2020

MATTER OF SUTHERLAND LIVING TRUST

Nature of Proceedings: (1) Petition to Approve Settlement (2) Petition to Compel Accounting (3) Petition to Determine Validity of Trust (4) Petition for Reformation of Purported Trust Amendments

  • Hearing

    Feb 27, 2020

MATTER OF SUTHERLAND LIVING TRUST

Nature of Proceedings: (1) Petition to Approve Settlement (2) Petition to Compel Accounting (3) Petition to Determine Validity of Trust (4) Petition for Reformation of Purported Trust Amendments The court will receive an update from counsel in court.

  • Hearing

    Feb 27, 2020

RON HACKER VS HENRY LEVY, ET AL.

Sixteenth Cause of Action (Reformation of Written Instrument) Defendants demur to this cause of action on the ground that reformation is a remedy, not a cause of action. Defendants are correct. “While sometimes referred to as a ‘cause of action,’ reformation is merely one of several remedies for a single wrong. Where a cause of action is based on failure to perform the intended agreement, the plaintiff may seek reformation and, in addition, damages for breach, specific performance, etc.” (Landis v.

  • Hearing

    Feb 19, 2020

  • Type

    Real Property

  • Sub Type

    other

JULIO CESAR MARTINEZ DIAZ, ET AL. VS XPO LOGISTICS, INC., ET AL.

If “the court would have to, in effect, reform the contract not through severance or restriction but by augmenting it with additional terms,” then the agreement as a whole in unconscionable, because such reformation is not within the Court’s authorized power. (Id. at 125.)

  • Hearing

    Feb 07, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MATTER OF SUTHERLAND LIVING TRUST

Nature of Proceedings: (1) Petition to Approval Settlement (2) Petition to Compel Accounting (3) Petition to Determine Validity of Trust and Appointment of Successor Trustee (4) Petition for Reformation of Purported Trust Amendments This matter was continued from January 23, 2019 for further hearing. A Notice of Related Case has been filed. The court requires an update, appearance required.

  • Hearing

    Feb 06, 2020

ESTATE OF GERALDINE BANAKUS

The Court should also not allow extrinsic evidence under the also unpersuasive cited case of Estate of Duke (2015) 61 Cal.4th 871, because that case plainly stands for the proposition that extrinsic evidence may be allowed to support reformation of an unambiguous will to determine a testator's intent.

  • Hearing

    Feb 04, 2020

ESTATE OF GERALDINE BANAKUS

(including elder abuse) would naturally lead to revocation of a gift, not reformation and clarification of an ambiguous term or clause.

  • Hearing

    Feb 04, 2020

ESTATE OF GERALDINE BANAKUS

Doolittle (1998) 61 Cal.App.4th 51 is inapposite, because that case involved a petition for construction of a trust under Probate Code section 17200 et seq., and this is strictly an estate matter. The Court should also not allow extrinsic evidence under the erroneously cited case of Estate of Duke (2015) 61 Cal.4th 871, because that case plainly stands for the proposition that extrinsic evidence may be allowed to support reformation of an unambiguous will to determine a testator's intent.

  • Hearing

    Feb 04, 2020

JOSEPH N STAN VS DENTAL BOARD OF CALIFORNIA, DEPARTMENT OF CONSUMER AFFAIRS OF THE STATE OF CALIFORNIA

Stan’s Position Stan notes that the law looks favorably on rewarding one who has achieved reformation. Hightower v. State Bar, (1983) 34 Cal.3d 150, 157. He argues there is overwhelming evidence of his rehabilitation, remorse, and appreciation of his wrongdoing. His criminal acts ended over a decade ago, and he has had four years of unsupervised good conduct since his criminal probation ended in 2014.

  • Hearing

    Feb 04, 2020

  • Type

    Administrative

  • Sub Type

    Writ

MATTER OF SUTHERLAND LIVING TRUST

Nature of Proceedings: (1) Petition to Approval Settlement (2) Petition to Compel Accounting (3) Petition to Determine Validity of Trust and Appointment of Successor Trustee (4) Petition for Reformation of Purported Trust Amendments This matter was continued from december 5, 2019, and updated is needed. The court notes that a notice of related case has been filed.

  • Hearing

    Jan 23, 2020

MATTER OF SUTHERLAND LIVING TRUST

Nature of Proceedings: (1) Petition to Approval Settlement (2) Petition to Compel Accounting (3) Petition to Determine Validity of Trust and Appointment of Successor Trustee (4) Petition for Reformation of Purported Trust Amendments

  • Hearing

    Jan 23, 2020

IN THE MATTER OF THE BRUNIE FAMILY REVOABLE TRUST

Petition for Modification and Reformation of Trust Terms [Probate Code Sections 15409(a) and 17200(b)(13)] PREGRANT ORDER The court finds all notices have been given as required by law. The petition is granted as prayed. 9:30 CALENDAR

  • Hearing

    Jan 22, 2020

UNIVERSAL HERBAL CENTER INC VS REGAL CAPITAL INVESTMENTS LLC

ISSUE 5 UNJUST ENRICHMENT and CONSTRUCTIVE TRUST: On 5/28/19, this court struck the title, “3rd cause of action” because Unjust Enrichment and Constructive Trust are not independent causes of action, but instead are remedies. This court allowed the allegations in the body of the complaint to remain because Plaintiff is allowed to plead whatever remedies it sees fit. However, because unjust enrichment and constructive trust are not independent causes of action, summary adjudication of Issue 5 is DENIED.

  • Hearing

    Jan 14, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MATTER OF COURTLAND D GROSS IRREVOCABLE TRUST

Nature of Proceedings: (1) Motion for Sanctions (2) Motion for Summary Judgment (3) Petition to Determine Courtland D Gross is a Trustee De Son Tort (4) Petition for Rescission or Reformation of Trust Agreement

  • Hearing

    Jan 09, 2020

MATTER OF COURTLAND D GROSS IRREVOCABLE TRUST

Nature of Proceedings: (1) Motion for Sanctions (2) Motion for Summary Judgment (3) Petition to Determine Courtland D Gross is a Trustee De Son Tort (4) Petition for Rescission or Reformation of Trust Agreement # 1380113 Matter of Courtlandt D. Gross Irrevocable Trust Hearing Date: 1/9/20 HEARINGS: (1) Motion by Courtlandt S.D. Gross and Robert Ducommun for Summary Judgment on the Petition for Rescission or Reformation of Trust Agreement or Alternative Relief filed by Courtlandt D.

  • Hearing

    Jan 09, 2020

CARLBERG V. SCHIERBERL

App. 4th 1815, 1826 held that the plaintiff’s cause of action for declaratory relief was not proper when brought with a cause of action for reformation as “[t]he sum and substance of the allegations of the declaratory relief cause of action is reformation.

  • Hearing

    Jan 06, 2020

LISA HASTINGS VS. ABRAHAM KEVORKIAN ET AL

On March 26, 2019, Plaintiff filed a Supplemental Complaint for: (1) reformation of written instrument; (2) partial cancellation of written instrument; (3) cancellation of written instrument; (4) declaratory relief; (5) slander of title; and (6) permanent injunction.

  • Hearing

    Jan 03, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • County

    Los Angeles County, CA

MATTER OF COURTLAND D GROSS IRREVOCABLE TRUST

Nature of Proceedings: (1) Motion for Sanctions (2) Motion for Summary Judgment (3) Petition to Determine Courtland D Gross is a Trustee De Son Tort (4) Petition for Rescission or Reformation of Trust Agreement These matters are continued by the court to January 9, 2020 at 9:00 a.m. in Dept. 5. No appearance is required on December 19, 2019.

  • Hearing

    Dec 19, 2019

MATTER OF COURTLAND D GROSS IRREVOCABLE TRUST

Nature of Proceedings: (1) Motion for Sanctions (2) Motion for Summary Judgment (3) Petition to Determine Courtland D Gross is a Trustee De Son Tort (4) Petition for Rescission of Reformation of Trust Agreement of Property These matters are continued by the court to January 9, 2020 at 9:00 a.m. in Dept. 5. No appearance is required on December 19, 2019.

  • Hearing

    Dec 19, 2019

MATTER OF COURTLAND D GROSS IRREVOCABLE TRUST

Nature of Proceedings: (1) Motion for Sanctions (2) Motion for Summary Judgment (3) Petition to Determine Courtland D Gross is a Trustee De Son Tort (4) Petition for Rescission of Reformation of Trust Agreement of Property

  • Hearing

    Dec 19, 2019

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