New California Case – the proper party to the case is the trustee of the trust, not the trust itself

Portico Management Group, LLC v. Harrison (California Court of Appeal, Third District, Case No. C062060, December 28, 2011) reaffirming that a trust is not an entity that can be sued – instead, it is appropriate to sue the person who is the trustee of the trust – i.e., the party to the case should be named similar to the following manner: “(insert the trustee’s name) as Trustee of the (insert the name of the trust) Trust Dated . . . .”

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