Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 4. TRUST ADMINISTRATION / CHAPTER 4. Liability of Trustees to Beneficiaries / ARTICLE 2. Remedies for Breach of Trust
California Codes

Cal. Probate Code § 16420 (2026)

Remedies for Breach of Trust

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(a)If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate:

(1)To compel the trustee to perform the trustee’s duties.

(2)To enjoin the trustee from committing a breach of trust.

(3)To compel the trustee to redress a breach of trust by payment of money or otherwise.

(4)To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.

(5)To remove the trustee.

(6)Subject to Section 18100, to set aside acts of the trustee.

(7)To reduce or deny compensation of the trustee.

(8)Subject to Section 18100, to impose an equitable lien or a constructive trust on trust property.

(9)Subject to Section 18100, to trace trust property that has been wrongfully disposed of and recover the property or its proceeds.

(b)The provision of remedies for breach of trust in subdivision (a) does not prevent resort to any other appropriate remedy provided by statute or the common law.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1999–2025 · leading case: Giraldin v. Giraldin, 290 P.3d 199 (Cal. 2012).
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Giraldin v. Giraldin, 290 P.3d 199 (Cal. 2012). · cites it 2× “” (Prob. Code, § 16420, subd. (a), italics added.”
Murphy v. Am. Gen. Life Ins., 74 F. Supp. 3d 1267 (C.D. Cal. 2015). “Cal. Prob.Code § 16420 states: “(a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the…”
Wolf v. Mitchell, Silberberg & Knupp, 76 Cal. App. 4th 1030 (Cal. Ct. App. 1999). · cites it 2× “” (Prob. Code, § 16420, subd. (a)(9).) This statutory provision adopts the well-established common law rule that a beneficiary of a trust may bring an action against a third party to recover property transferred to the third party by the trustee in breach of trust.”
Corrie v. Soloway, 216 Cal. App. 4th 436 (Cal. Ct. App. 2013). “Code, § 18100 excuses third parties who deal with the trustee from investigating the trustee’s powers except where they have actual knowledge of a breach of the trust]; Prob. Code, § 16420, subd. (a)(9) [authorizing trust beneficiaries to commence a proceeding to trace and…”
Kamlesh K. Hemlani, Individually & Derivatively in the Name of & on Behalf of Radhi Puran Trust, plaintiff-appellant/cross-appellee v. Manu & Anita Melwani, Jethmal L. Melwani, Ishwar P. Hemlani, Vinod I. & Yogita v. Hemlani, Radhi P. Hemlani Est., Paraman & Melwani Est., Radhis Found., Rahdi Puran Trust, Radhi Fam. Trust, Pac. Rainbow, Inc., Saf. 1st Sys. Inc., Pac. Am. Title Ins. & Escrow Co., Vasudev B. Hemlani, P.D. Hemlani Found., Ltd. Chitra Hemlani, Sona Hemlani, Padi Daryanani, & Does 1-95, defendants-appellees/coss, 2021 Guam 26 (Guam 2021). “See Cal. Prob. Code § 16420 (West, Westlaw current through Ch.”
City of Palm Springs v. Living Desert Reserve, 70 Cal. App. 4th 613 (Cal. Ct. App. 1999). “) But because a charitable trust has an indefinite class of beneficiaries, standing to enforce the trust is generally limited to the Attorney General as the representative of the public. (Hardman v. Feinstein, supra, 195 Cal.App.”
Coleman v. Bradshaw, No. A157968 (Cal. Ct. App. Sept. 30, 2022). “” The petition sought to subject the trust to the supervision of the court, remove Bradshaw as trustee, appoint a temporary trustee, obtain relief for breach of trust (Prob. Code, §§ 16420, 17200), recover double damages for property wrongfully taken in bad faith (Prob.”
Stahl v. Brannon, No. A161831 (Cal. Ct. App. Sept. 29, 2023). “Between February 26 and October 5, in addition to several declarations, petitioner filed the following four motions: (1) a cross-motion to appoint an agent, a professional fiduciary, receiver or temporary trustee to substitute for the trustee to sell the property; (2) an amended…”
Steel v. Toccoli, No. C097125 (Cal. Ct. App. Dec. 3, 2024). “(Prob. Code, § 16420, subd. (a)(3).) In response, defendant filed a motion to compel arbitration.”
Hofmann v. Hofmann, No. 23-09006 (Bankr. E.D. Cal. Aug. 29, 2025). “22 California Probate Code § 16420 provides that if a trustee of a trust commits a breach of 23 trust, a beneficiary or co-trustee may commence a proceeding to obtain specified relief, which 24 includes “To compel the trustee to redress a breach of trust by payment of money or…”
Michael Erich Hofmann, No. 23-90111 (Bankr. E.D. Cal. Aug. 29, 2025). “18 California Probate Code § 16420 provides that if a trustee of a trust commits a breach of 19 trust, a beneficiary or co-trustee may commence a proceeding to obtain specified relief, which 20 includes “To compel the trustee to redress a breach of trust by payment of money or…”
Coats v. Nelson, No. G046573 (Cal. Ct. App. Nov. 6, 2013). “(Prob. Code, § 16420, subd. (a); City of Atascadero v.”
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