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.


Asked on 5/02/07, 9:29 pm

3 Answers from Attorneys
Jeb Burton The Burton Law Firm

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.

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Answered on 5/03/07, 12:12 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

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?

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Answered on 5/02/07, 9:50 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: quantum meruit

I'll help you collect. Contact me directly. 1.619.222.3504.

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Answered on 5/06/07, 4:01 pm


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