Gomez v. Smith

October 19, 2020 Case No. C089338M

Date Filed: October 19, 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 reinforces California probate law’s willingness to enforce a decedent’s expressed intent through constructive trusts and limits appellate reversal of factual findings on capacity and interference.

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