California Codes
Cal. Probate Code § 16400 (2026)
✓ current as of May 2026
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A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1992–2025 · leading case: Giraldin v. Giraldin, 290 P.3d 199 (Cal. 2012).
Giraldin v. Giraldin, 290 P.3d 199 (Cal. 2012). “” (Prob. Code, § 16400, italics added.) The question here, however, is not whether plaintiff beneficiaries can sue defendant trustee Timothy for breaching a duty he owed to the beneficiaries.”
Murphy v. Am. Gen. Life Ins., 74 F. Supp. 3d 1267 (C.D. Cal. 2015). “Plaintiffs arguments are not persuasive. Plaintiff may obtain complete relief from Morlitz — the trustee of the RSMS Trust— should he prevail on his claim that trust assets were improperly distributed.”
Lindie Banks v. N. Trust Corp., 929 F.3d 1046 (9th Cir. 2019). “The FAC alleged which specific fees were at issue – tax- preparation fees and fees in excess of the fixed-fee allowed by the trust – and explained why those fees allegedly breached Northern’s duty of loyalty. The FAC also alleged that the $900 tax-preparation fee was previously…”
Saks v. Damon Raike & Co., 92 Cal. Daily Op. Serv. 5052 (Cal. Ct. App. 1992). “” (Prob. Code, § 16400), and provides that the trustee may also be liable to the beneficiary for various acts or omissions of an agent the trustee employs in the administration of the trust (Prob.”
Est. of Gilliland CA2/5 (Cal. Ct. App. 2016). “(Prob. Code, § 16400; Uzyel v. Kadisha (2010) 188 Cal.”
Est. of Kelly CA2/3 (Cal. Ct. App. 2022). “Kelly “breached and continues to breach her duty as Trustee under California Probate Code section 16400, as well as her fiduciary duty to” the children by failing “to allow [them] access to [Image] Trust records or [Image] Trust information as required under the Code.”
Piazzi v. Laffey CA2/4 (Cal. Ct. App. 2023). “In Diane’s second cause of action, for breach of trust pursuant to 1 Probate Code section 16400, she alleged that with Gerald’s encouragement and assistance, Gerald’s mother and sisters committed theft and other crimes during a visit to Evelyn’s home “the week prior to Evelyn’s…”
Elliott v. Elliott (E.D. Cal. 2021). “”); Cal. Prob. Code § 16400 15 (“A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of 16 trust.”
Matter of Carol A Casal Trust (Colo. Ct. App. 2025). “Code § 16002 (a), and a violation of that duty is a breach of trust, see Cal. Prob. Code § 16400 (West 2024). Similarly, trustees administering a trust in Colorado have a duty to “act in good faith and in accordance with the terms and purposes of the trust and the interests of…”
Young v. Humphrey CA6 (Cal. Ct. App. 2013). “462 ; Probate Code, § 16400.) However, in order to prevail on a cause of action for breach of a fiduciary duty, “there must be shown the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach.”
Winchester v. Pike CA4/3 (Cal. Ct. App. 2013). “The causes of action against Maria were to compel an accounting, for breach of trust (Prob. Code, § 16400; all further statutory references are to the Probate Code unless otherwise stated), to surcharge her as trustee, to recover property (§ 850), to remove her as a trustee,…”
Bozigian v. Saputo CA2/5 (Cal. Ct. App. 2014). “(Prob. Code § 16400; Uzyel v. Kadisha (2010) 188 Cal.”
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