Wignall v. Wignall
Plaintiffs Charleen, Francesca and Joleen Wignall appeal from a judgment of dismissal entered following an order sustaining without leave to amend a demurrer filed by defendants David, John and Teresa Wignall and Edward Ewing. Plaintiffs appeared in propria persona in the trial court and continue to represent themselves on appeal. Their second amended complaint attempts to allege numerous claims against defendants arising out of a long-standing, highly litigated family dispute over, among other things, the alleged mismanagement of a family trust. The trial court concluded that all of plaintiffs claims are either barred by the statute of limitations or statute of frauds, previously resolved in a 2003 settlement agreement, or improperly seek to hold defendants personally liable for their acts as trustees of the family trust. On appeal, the scope of plaintiffs claims has been substantially narrowed to (1) whether Francesca and Charleen properly alleged causes of action against John and David for breach of contract, breach of fiduciary duty, and fraud based on their alleged failure to comply with the terms of the 2003 settlement agreement; (2) whether Francesca and Charleen properly alleged a cause of action against John and David for fraud based on omissions in the final accounting they submitted to the probate court; and (3) whether Joleen properly alleged a cause of action against Ed for breach of contract and fraud arising out of an alleged personal loan. Court conclude that the trial court properly sustained without leave to amend defendants demurrer to each of these claims.
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