Cardelucci v. Cardelucci
For over 10 years Sam Cardelucci (Sam) and his son, Mark Cardelucci (Mark), have been fighting over the administration of an inter vivos trust, formed two days before the death of Jacqueline Cardelucci (Jackie), Sam's wife and Mark's mother. Sam was named the trustee and beneficiary of Sam and Jackie's trust (the trust) and Mark is the sole remainder beneficiary. Mark filed a petition to (1) to compel a further accounting from the trustee, Sam, (2) for a court order sustaining objections to the initial accounting, (3) for removal of the trustee and appointment of Mark as successor trustee, (4) to compel transfer of property to the trust, (5) for damages and double damages for breach of the trust, and (6) for punitive damages for fraud.
After a 10-day court trial, the trial court issued a written decision detailing its findings and orders, which included finding that Sam had breached his fiduciary duty as trustee by improperly distributing trust assets to himself, failing to provide, or unreasonably delaying in providing, Mark with requested trust information and accountings, unreasonably delaying the transfer to the trust of assets, and suing Mark in bad faith for conversion of Jackie's jewelry. The trial court granted Mark's request to remove Sam as trustee and awarded Mark a portion of his attorney fees incurred in Mark's petition litigation and in the jewelry litigation. The trial court rejected Mark's claim that Sam orally agreed to transfer to the trust all of his and Jackie's joint tenancy property. The court also rejected Mark's request for double damages under Probate Code section 859[1] and punitive damages for fraud.
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