Gomez v. Smith

September 22, 2020 Case No. C089338

Date Filed: September 22, 2020 Case Number: C089338 Court: California Court of Appeal, Third Appellate District d because: (1) Louise admitted she did not expect to receive an inheritance; (2) Tammy’s conduct was not tortious independent of her interference; (3) the trial court applied an erroneous legal 1 Due to the commonality of the Smith and Gomez last names, we identify each individual by his or her full name in the first instance and thereafter by his or her first name only. No disrespect is intended. This decision underscores that California courts will enforce a beneficiary’s expectancy when a decedent’s heirs improperly block the creation of a trust, and it confirms appellate deference to trial-court determinations of capacity and the scope of constructive-trust awards in probate disputes.

This case addresses significant issues in California probate law. For the complete analysis, refer to the full opinion.