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MORGAN v. SUPERIOR COURT

No. G055377.

23 Cal.App.5th 1026 (2018)

THOMAS E. MORGAN, as Trustee, etc., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; NANCY MORGAN SHURTLEFF et al., Real Parties in Interest.

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

May 29, 2018.

Attorney(s) appearing for the Case

Law Offices of Richard Pech, Richard Pech ; Greenberg Taurig and Scott D. Bertzyk for Petitioner.

No appearance for Respondent.

Garvey Schubert Barer, Bruce A. McDermott and Daniel J. Vecchio for Real Parties in Interest Nancy Morgan Shurtleff, John Morgan, Jessica Shurtleff and Kathleen Shurtleff.

Roehl & Glowacki, Cynthia V. Roehl , John P. Glowacki ; Carico Macdonald Kil & Benz, Christopher D. Carico and William G. Benz for Real Parties in Interest Bruce Hitchman and Lee Ann Hitchman.

OPINION

INTRODUCTION

The Probate Code provides that a trust's provisions may not absolve a trustee from liability due to intentional misconduct, gross negligence, or reckless indifference. The trust instrument here purports to allow the former trustee to withhold from a successor trustee all of his or her communications...

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