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PRESTA v. TEPPER

No. G040427.

179 Cal.App.4th 909 (2009)

RONALD PRESTA, Individually and as Trustee, etc., Plaintiff and Respondent, v. RENEE TEPPER, Individually and as Trustee, etc., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

October 28, 2009.

Attorney(s) appearing for the Case

Law Office of William J. Kopeny & Associates and William J. Kopeny for Defendant and Appellant.

Donna Bader; Law Offices of Michael C. Hewitt and Michael C. Hewitt for Plaintiff and Respondent.

OPINION

BEDSWORTH, Acting P. J.—

Two men enter into a real estate investment partnership, each acting in his capacity as trustee of a family trust. The question is: who are the "partners," the men, or the trusts? The answer is "the men." A trust of the type formed by both men in this case is simply a fiduciary relationship, governed by the Probate Code, by which one person or entity owns and controls property for the benefit of another...

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