Can a beneficiary bring an action against a trustee under section 16460 of the California Retirement Act?

California, United States of America


The following excerpt is from Noggle v. Bank of America NT & SA, 70 Cal.App.4th 853, 82 Cal.Rptr.2d 829 (Cal. App. 1999):

Section 16460 effected a change not only in the duration of the statute of limitations on actions by beneficiaries against trustees, but also in the events that triggered the running of the statute--but at least one court held that the three-year period provided by section 16460 was triggered, and its inquiry notice provisions brought into play, if (and only if) the beneficiary received an accounting or other written report that conformed to the minimum standards set out in sections 16061 or 16063. (Di Grazia v. Anderlini, supra, 22 Cal.App.4th at pp. 1346-1349, 28 Cal.Rptr.2d 37.)

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