Legal Question in Wills and Trusts in California

Breach of Trust Case Going to CA Appeals Court

I was accused of breach of trust by my brother and lost the case in superior court. He appealed the amount of the award, and I cross-appealed. My basis of appeal is primarily: 1) He sued 5 years after the supposed breach, while section 16640 statute of limitations requires filing within 3 years; 2)the superior court made errors in its ruling of the findings of facts which are controverted by the evidence.

I want to introduce addtional evidence at appeal under CA Rules of Court 22(c), and also to ask the appeals court to make findings of facts under Rule 22(b) and CCP 909.

My question is this: Should my motions for introduction of evidence and the motion for findings be made at the same time as my submission of my Cross-Appellant's Opening Brief, or beforehand?

Thanks for the help!!


Asked on 6/28/05, 11:29 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Breach of Trust Case Going to CA Appeals Court

these are questions for the attorney who filed your appeal.

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Answered on 6/29/05, 6:08 am


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