North Central District

Department B

paula critzas, Plaintiff, v. cathy sarte, et al., Defendants.

Case No.: EC069325

Hearing Date: January 11, 2019

[TENTATIVE] order RE:

demurrer; motion to strike

BACKGROUND

Plaintiff Paula Critzas (“Plaintiff”) alleges that his mother, Marie Critzas, created a living trust and/or trust for the family, which includes Plaintiff and Defendant Cathy Sarte as beneficiaries. Plaintiff alleges that Cathy Sarte is apparently in charge of the living trust, but has failed and refused to disperse the allotted benefits to Plaintiff. Plaintiff believes and is informed that Defendant Richard Sarte is complicit in the acts and omissions of refusing to pay Plaintiff her benefits from the trust. She alleges that Defendants have stolen up to six figures in benefits from her. The complaint, filed August 31, 2018, alleges a single cause of action for breach of fiduciary duty.

Defendants filed a demurrer and a motion to strike portions of the complaint. The Court