New California Case – The Proper Party to the Case Is the Trustee of the Trust, Not the Trust Itself

By David W. Tate

Portico Management Group, LLC v. Harrison (California Court of Appeal, Third District, Case No. C062060, December 28, 2011) [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law] reaffirming that a trust is not an entity that can be sued - instead, it is appropriate to sue the person who is the trustee of the trust - i.e., the party to the case should be named similar to the following manner: "(insert the trustee's name) as Trustee of the (insert the name of the trust) Trust Dated . . . ."

DAVID W. TATE, ESQ.

E-mail: tateatty@yahoo.com; Website: http://davidtate.us

Blogs: http://davidtate.wordpress.com; http://californiaestatetrust.wordpress.com

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For more information about LexisNexis products and solutions connect with us through our corporate site.