Tukes v. Richard
The court held that the probate court erred in applying issue-preclusion to dismiss Denise Tukes's creditor's petition for a finder's fee, reversed the dismissal, vac.
Date Filed: July 12, 2022
Case Name: Tukes v. Richard
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\u202fTukes’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. (The Court also affirms the anti‑SLAPP rulings in the related civil appeals.)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.