Opinion
No. B265745.
02-28-2017
JOANNE WILLIAMSON, as Successor Trustee, etc., Plaintiff and Appellant, v. THOMAS BROOKS et al., Defendants and Respondents.
[Modification of opinion (7 Cal.App.5th 1294; ___ Cal.Rptr.3d ___).]
THE COURT. — The court, on its own motion, orders that the opinion filed on January 31, 2017, be modified as follows:
1. Delete the first paragraph on page 1 [7 Cal.App.5th 1296, advance report, 1st par.] in its entirety and replace it with the following paragraph: "The beneficiary of a trust asserts the trustees neglected to distribute trust assets to her. She claims as damages her inability to use those assets to prevent the loss of her home. We conclude the beneficiary suffered no compensable loss as a result of the trustees' alleged neglect."
2. The first sentence beginning with the word "Furthermore" and ending with the word "beneficiaries" of the second paragraph on page 9 [7 Cal.App.5th 1301, advance report, 4th par., lines 1-3] is deleted and replaced with the following sentence: "Furthermore, most breaches of trust harm the trust itself and thus, to the extent that such breaches result in monetary liability for the trustee, they would result in liability to the trust and not the beneficiaries."
3. On page 10, of the first full paragraph, first sentence [7 Cal.App.5th 1301, advance report, 5th par., line 1], the phrase beginning with the word "Although" and ending with the word "point," is deleted.
There is no change in the judgment.
The motion to modify the opinion filed by non-party Matthew P. Matiasevich is denied.