Dunlap v. Mayer
The court held that, because factual disputes preclude dismissal on the pleadings alone, a California probate court may not summarily dismiss a petition for a trust accounting without first providing proper notice and conducting an evidentiary hearing as required by Probate Code §§ 17202, 17206, and 1042, thereby affirming the standing of executors and beneficiaries to seek account.
Date Filed: April 23, 2021
Case Name: Dunlap v. Mayer
Case Number: D077561
Court: California Court of Appeal, Fourth Appellate District, Division One
(‘The Court holds that a California probate court may not summarily dismiss a petition for a trust accounting on the basis of the pleadings alone when factual disputes exist; the dismissal must be preceded by proper notice and an evidentiary hearing under Probate Code §§17202,\u202f17206, and §1042. By reversing the trial court’s order and remanding for further proceedings, the decision underscores that executors and beneficiaries retain standing to seek accountings and that courts must observe statutory procedural safeguards before disposing of trust‑administration actions. This precedent reinforces the probate court’s duty to supervise trusts through full hearings rather than procedural shortcuts.’, ‘6a5016a7’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.