A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administration of the trust may be asserted against the trust by proceeding against the trustee in the trustee’s representative capacity, whether or not the trustee is personally liable on the claim.
Cal. Prob. Code § 18004
Liability of Trustee to Third Persons
Known as the Trust Law
The act spans §§ 15000–19403 (351 sections).
Applied in 2 court decisions — leading case 179 Cal. App. 4th 287 - Stoltenberg v. Newman (2009)
Most recently applied in Portico Management Group, LLC v. Harrison (December 2011)
Enacted by Stats. 1990, Ch. 79.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.