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Probate and Trusts
Undue Influence
Elder Abuse

In re: Cruz Family Trust

Published: Jun. 14, 2024 | Result Date: Apr. 3, 2024 |

Bench Decision –  Dismissal

Judge

Ana Maria Luna

Court

Los Angeles County Superior Court


Attorneys

Petitioner

James D. Hornbuckle
(Gomez Law APC)


Respondent

Andrew C. Kienle
(Hart Kienle Pentecost)


Facts

Respondent in this case was sued by her sisters seeking to invalidate a trust amendment on the grounds of undue influence and elder abuse.

After the petitioners finished presenting their evidence two days into a five-day trial, respondent brought a motion to dismiss.

Contentions

PETITIONER'S CONENTIONS: Petitioners claimed that certain amendments to the Cruz Family Trust should be invalidated as a product of undue influence.

RESPONDENT'S CONTENTIONS: Respondent contended that the amendments to the Cruz Family Trust are valid and enforceable, set forth the Trustor's testamentary intent and were not the product of undue influence.

Result

The court granted the motion, dismissing both the trust petition and related civil complaint and entering judgment in respondent's favor.

Length

two days


#143192

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