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CHATARD v. OVEROSS

No. B213392.

179 Cal.App.4th 1098 (2009)

JOYCE CHATARD, Plaintiff and Appellant, v. GREG OVEROSS, as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

November 30, 2009.

Attorney(s) appearing for the Case

Panitz & Kossoff and Kenneth W. Kossoff for Plaintiff and Appellant.

Berman & Berman, Ronald Berman; Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marc L. Sallus and Mary-Felicia Apanius for Defendant and Respondent.

OPINION

WILLHITE, J. —

INTRODUCTION

This appeal raises the issue whether the beneficiary of a spendthrift trust who also acts as trustee and commits a breach of trust causing financial harm to the trust can have her interest in the trust estate impounded to satisfy a claim arising from her misfeasance. Because the damage resulting from the trustee's breach of her fiduciary duty will otherwise be sustained by the beneficiaries...

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