I have a probate appeal that after 4 no shows by defendant the court makes a personal call to defendant who suddenly decides to appear at the next hearing where after waiting 7 month and 4 continuances on a claim for breach of trust, embezzlement, conversion and selling trust properties, does nothing the trusts ask, failed to ever disclose to her sister of the trusts existence and when the settler dies the sister trustee sells all trust assets, Gets greedy knowing the sister has never been told of her beneficial status including the property. Trustee sells the house and still holds the title to the property. She lies to her sister, tells her she must move when still withholding the interest from the trusts and believing her sister who is a RE Agent. Then 20 years later beneficiary, who was never told there were trusts and assets goes to the county recorder looking up the date her divorce was final and under her name she searched finds two quit claim deed signed and notarized and discovers the breach and having never seen the deeds before and 100 % sure these signatures were forged. She goes to her sister and demands to explain and when she does she realizes the house she had legal possession of was taken from her by fraud and conversion and they go to court to try to have the sales contract rescinded due to fraud. Using the delayed discovery rule her case is still dismissed w/prejudice and files an appeal. Once under appeal decides to try to file a similar claim for damages and in a breach of contract claim (with a jury not the biased judge an no jury, she is still has one more year to file. Can I do this while my first case is under appeal the SOL for the second claim for damages even when the first probate case appealing the dismissal/w prejudice is under review ?? Would I have to dismiss one of the cases if one is in probate and the new one is a tort action for fraud and concealment inducing her to give up a home she loved sold by fraudulently concealing material fact she as a trustee has the duty to disclose. I will never get a fair trial with the judges in the probate division but will I need to dismiss one for the other or can I have to cases going in different divisions for a similar claim on each complaint,
1 Answer from Attorneys
The answers to your questions depend on some rather complicated rules. I would need more information about what happened and when before I could offer any useful guidance. You should hire a lawyer to represent you if at all possible. Failing that, you should at least get a consultation.
Feel free to contact me directly if you'd like to discuss your situation in more detail. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.