QUICK v. PEARSON























Filed 6/14/10;
pub. and mod. order 7/1/10
(see end of opn.)

















IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE
DISTRICT



DIVISION THREE






>

ROBERT QUICK, JR., Plaintiff and Appellant, v. ADRIANNE PEARSON, as Trustee, etc., Defendant and Respondent.

B215277 (Los Angeles County Super. Ct. No. LP013345)

APPEAL
from a judgment of the Superior Court
of Los Angeles
County, James A. Steele, Judge. Reversed and remanded with
directions.

Alan
M. Goldberg for Plaintiff and Appellant.

William
B. Hanley for Defendant and Respondent.













Robert Quick,
Jr., appeals the dismissal with prejudice of his petition for relief from breach of
trust. We find the trial court
improvidently sustained the trustee's demurrer to Quick's second amended
petition for relief from breach of trust
without leave to amend and reverse with directions to enter a new order
overruling the demurrer.

>FACTS AND
PROCEDURAL BACKGROUND

1. The
Samuel D. Blowitz testamentary trust.

Samuel
D. Blowitz died testate in 1971.
Pursuant to the terms of a testamentary trust, he left the remainder of
the trust estate in equal shares to his grandchildren. An Order Settling First and Final Account and
Report of Executor filed January 2, 1974, recounts
that the trust provides: â€