Result: Defense Judgment in Breach of Fiduciary Duty + Surcharge Action

Blaine M. Brown successfully defended a removal, breach of fiduciary duty, and surcharge action against his client – successor trustee – wherein a disgruntled beneficiary attempted to block the sale of the trust’s real property for a cash offer of $2,200,000. During this litigation and following, the beneficiary made several attempts to obtain a temporary restraining order and a preliminary injunction to block the sale of the trust’s real property. As a result of Mr. Brown’s opposition and oral argument, the court denied the requests.

Following the denial of the requests, the trust’s real property was sold, and discovery began in the underlying action for removal, breach of fiduciary duty, and surcharge against Mr. Brown’s client. Over the course of the litigation, Mr. Brown was ultimately able to demonstrate to the beneficiary’s counsel that the beneficiary would be unable to prove the merits of the action, ultimately obtaining a judgment for a complete dismissal with prejudice.