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VANCE v. BIZEK

No. B243061.

228 Cal.App.4th 1155 (2014)

177 Cal. Rptr. 3d 167

CYNDI VANCE, Plaintiff and Appellant, v. DON BIZEK, Defendant and Respondent.

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

August 12, 2014.

Attorney(s) appearing for the Case

Neil S. Tardiff and Shea S. Murphy for Plaintiff and Appellant.

Aspelin & Bridgman and John H. Aspelin for Defendant and Respondent.

OPINION

O'DONNELL, J.* —

This case turns on the trial court's misassignment of the burden of proof. The presumption created by section 16004 of the Probate Code1 that a trustee who commingles trust funds with her own funds violates her fiduciary duty to the trust applies only to the relationship between a trustee and trust beneficiaries. Here, the trial court applied the presumption...

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