Timbol v. Hoffman
Adrian U. Timbol appeals from a judgment entered after the trial court sustained demurrers to the second amended complaint without leave to amend on the ground that Timbol lacked standing to pursue this lawsuit on behalf of Milagros T. Manapat. The second amended complaint seeks to set aside a trustee’s sale of property that Manapat’s late husband Luis O. Manapat (decedent) owned, alleging the decedent’s signatures on a promissory note and a deed of trust were forged because the decedent died three years before he purportedly signed these documents. Manapat apparently authorized Timbol to prosecute this action on her behalf. On Timbol’s third attempt to plead standing, he alleged he was the trustee pursuant to a declaration of trust in which Manapat conveyed the property to him. We affirm, concluding the second amended complaint does not sufficiently allege facts to state a cause of action, and even if it did, Timbol, lacks standing to pursue this action.
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