Dudley v. Morris
The plaintiff and appellant is Constance Anne Dudley. Dudley is one of the settlors of an irrevocable trust, the Lincoln Trust, as well as a former co-trustee, and a trust beneficiary. The defendants and respondents are Dudleys ex-husband Paul Laub, and Dudleys former attorney Sidney Morris and his law firm, Heisinger, Buck & Morris.
In this case, Dudley asserts claims for legal malpractice, breach of oral contract, breach of the covenant of good faith and fair dealing, and fraud, based on allegations that respondents misled her into resigning as co-trustee of the trust and that she was damaged as a result. The trial court sustained respondents demurrers to Dudleys fifth amended complaint, without leave to amend. The court concluded that Dudleys trustee position was rendered vacant as a matter of law when she filed a bankruptcy petition in 2003, and since appellants later resignation at respondents behest was not the legal cause of any harm, she could not maintain her claims against them.
As a matter of first impression, we agree with the trial courts interpretation and application of the governing provision, Probate Code section 15643.
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