Demurrer to the Complaint
Defendants Chapman Family Trust Dated May 28, 2003 and Met-Com Realty Corp Profit Sharing Plan’s unopposed demurrer to Plaintiff John Zubko’s Complaint, is sustained with 15 days leave to amend.
As an initial matter, the Trust is named and sued directly and although represented by counsel has appeared in the case as the Trust. A trust is not a legal entity. Legal title to the property owned by a trust is held by the trustee. (Portico Mgmt. Group, LLC v. Harrison (2011) 202 Cal.App.4th 464, 474–476 [“A judgment against a trust, rather than against its trustees, is not enforceable.”].) As a result, a trust “‘“is simply a collection of assets and liabilities. As such, it has no capacity to sue or be sued, or to defend an action.”’” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 522 [quoting Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293; accord, Prob. Code, § 18004; Moeller v. Superior Court (1997) 16 Cal.4th 1124, 1132 [“the trustee, rather than the
Hearing Date
June 18, 2021
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Demurrer to the Complaint
Defendants Chapman Family Trust Dated May 28, 2003 and Met-Com Realty Corp Profit Sharing Plan’s unopposed demurrer to Plaintiff John Zubko’s Complaint, is sustained with 15 days leave to amend.
As an initial matter, the Trust is named and sued directly and although represented by counsel has appeared in the case as the Trust. A trust is not a legal entity. Legal title to the property owned by a trust is held by the trustee. (Portico Mgmt. Group, LLC v. Harrison (2011) 202 Cal.App.4th 464, 474–476 [“A judgment against a trust, rather than against its trustees, is not enforceable.”].) As a result, a trust “‘“is simply a collection of assets and liabilities. As such, it has no capacity to sue or be sued, or to defend an action.”’” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 522 [quoting Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293; accord, Prob. Code, § 18004; Moeller v. Superior Court (1997) 16 Cal.4th 1124, 1132 [“the trustee, rather than the