Is there any evidence that defendant acted on behalf of plaintiff's trust and attorney even after the probate petition was filed?

California, United States of America


The following excerpt is from Mullenax v. Mahaffey, G039850 (Cal. App. 3/11/2009), G039850 (Cal. App. 2009):

Plaintiff stresses that defendant "was wearing multiple hats" and that as the lawyer he "continued to assist and represent [plaintiff]" and "offered his cooperation" regarding the trust and power of attorney "even after the probate petition . . . was filed." This, according to plaintiff, took the form of "[p]roviding assistance relating to the accounting, or at least disclosing relevant information to [plaintiff] . . . ." Contrary to plaintiff's claim these acts cannot be characterized as "unsettled [legal] matters tangential to [plaintiff's] case[.]" (O'Neill v. Tichy (1993) 19 Cal.App.4th 114, 121.) Again, they were pursuant to an order to account. Other than acts in connection with the probate action, after the petition was filed defendant ceased performing any services for plaintiff more than one year before the complaint was filed.

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