Legal Question in Wills and Trusts in California
quantum meruit
I filed an action for Quasi specific performance in civil court against the trustee of a trust. The court threw out the QSP on a demurrer but allowed us to amend the complaint to quantum meruit. We did and obtained a judgment for 111,000.00. The defendant has requested the court throw the judgment out because we did not file a creditors claim in probate first. No probate has ever been opened. Is there any way around a creditors claim if the case started out as a QSP and was amended to include Quantum Meruit. They waited until after the trial and a tentative decision made before they even brought this up. Is there any way around a creditors claim.
3 Answers from Attorneys
Re: quantum meruit
I am with the last responder on this. My only question is: Are you suing for specific peformance under the trust instrument or for some contractual agreement the trustee entered on behalf of the trust (such as a sale agreement, etc)?
I assume based on your question you are an attorney working on this. If that is the case contact me off lawguru and I would be willing to discuss it more. If not, you really need to have an attorney working on this.
Re: quantum meruit
You may have an estoppel argument, or some other kind of argument. Do you have a lawyer? Is he working on this?
Re: quantum meruit
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