Sutherland v. Arent CA1/1
Soon after the owner of properties held in trust died, his children began litigating disputes related to the disposition of trust assets. In an earlier unlawful detainer proceeding brought against appellants (one of the owner’s sons and his partner), they presented a lease that they purportedly entered into with the father before he died. The trial court in that proceeding ruled in their favor.
This action was brought by respondent trustee (one of the owner’s daughters) to resolve several trust issues, and appellants maintained that the validity of the lease could not be challenged under principles of collateral estoppel. The trial court disagreed, later found the lease to be a forgery, and ruled in respondent’s favor. The court also allowed respondent to charge her brother’s share of the trust for the legal costs incurred in litigating the validity of the lease.
We affirm. Appellants have failed to establish the elements of collateral estoppel, and the doctrine’s application
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