230 Cal. App. 4th 1516
Cal. Ct. App.2014Background
- Aulisio appeals a jury verdict finding no wrongful tow or conversion of his Jeep, and CAAJ Leasing Trust owned the Jeep’s title.
- The trial court barred CAAJ from participating, citing unauthorized practice of law if the trust were represented by a nonattorney.
- The court substituted Aulisio as CAAJ’s trustee for purposes of the suit, but barred representation by a nonattorney for the trust.
- The court relied on Hansen, City of Downey, and Ziegler to prohibit nonattorney trustees from appearing for trusts.
- CAAJ and Aulisio (as trustee) were effectively excluded from the trial; the jury verdict proceeded without their participation.
- The appellate court ultimately held that the sole settlor, trustee, and beneficiary may represent the trust in propria persona, reversing as to CAAJ and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a sole settlor-trustee-beneficiary appear in propria persona for the trust? | Aulisio, as sole settlor/trustee/beneficiary, may represent the trust. | Nonattorney trustees cannot appear for trusts to protect trust property. | Yes, in this limited scenario the trustee may represent the trust. |
| Was the pretrial exclusion of CAAJ a structural error requiring reversal? | CAAJ’s exclusion violated due process and the right to be heard. | Preclusion did not affect the verdict against Aulisio personally. | Yes, structural error requiring reversal as to CAAJ and remand. |
| Did the trial record show error in damages for the Jeep or its contents? | Evidence of damages related to the Jeep should be considered. | Record insufficient to demonstrate error; damages were not properly claimed for the Jeep. | Record insufficient; no reversible error shown on this point. |
Key Cases Cited
- Hansen v. Hansen, 114 Cal.App.4th 618 (Cal.App.4th 2003) (nonattorney estate representative cannot appear for estate outside probate)
- City of Downey v. Johnson, 263 Cal.App.2d 775 (Cal.App.2d 1968) (executor cannot defend nonprobate action in propria persona)
- Ziegler v. Nickel, 64 Cal.App.4th 545 (Cal.App.4th 1998) (trustee cannot represent beneficiaries in court without privilege; exception for sole settlor/beneficiary)
- C.E. Pope Equity Trust v. U.S., 818 F.2d 696 (9th Cir. 1987) (trustee who is sole beneficiary may represent self in limited context)
- Estate of Giraldin, 55 Cal.4th 1058 (Cal. 2012) (fiduciary duties of revocable-trust trustee owed to settlor during revocable period)