Tukes v. Richard

July 12, 2022 Case No. B307242

Date Filed: July 12, 2022 Case Number: B307242 Court: California Court of Appeal, Second Appellate District, Division Eight The Court holds that the probate court erred in applying issue-preclusion to dismiss Denise Tukes’s creditor’s petition for a finder’s fee; it reverses the dismissal, vacates the judgment on the pleadings and remands for further proceedings with leave to amend. This decision clarifies that a prior action involving the same trust does not automatically preclude a later claim for a finder’s fee, limiting the use of issue-preclusion in probate disputes and ensuring creditors can pursue such fee claims.

This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website .