Ditta v. Conte

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trustee removal action not subject to any statute of limitations, and analogizing to other “status” cases such as divorce actions and real property cloud on title cases
• noting that fiduciary \occupies a position of peculiar confidence towards another\
• construing petitioner’s brief liberally to contain argument that it did not expressly contain because it contained similar and related arguments
• observing trust is not legal entity but rather fiduciary relationship with respect to property imposing high fiduciary standards on trustee who must handle trust property solely for beneficiaries’ benefit
• “Any prior breaches or conflicts on the part of the trustee indicate that the trustee could repeat her behavior and harm the trust in the future.”
• for appellate court to consider defense of statute of limitations, it must be raised as affirmative defense in pleadings

Source: CourtListener parenthetical corpus (CC0).