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Firm Profile

Constructive Trust

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Shoker v. Superior Court, No. A163711, 2022 Cal. App. LEXIS 625 (Ct. App. July 15, 2022)

Reasoning that Kirkeby v. Superior Court (2004) 33 Cal.4th 642 impliedly overruled BGJ Associates v. Superior Court (1999) 75 Cal.App.4th 952, this decision holds that when a plaintiff seeks to impose a constructive trust on specific property so as to become (again) the owner of that property wrongfully taken from him, the action "affects title to real property" sufficiently so… Read More

Higgins v. Higgins

Estate of elderly plaintiff was entitled to a constructive trust when plaintiff’s son’s wife diverted to her own use funds that son and wife agreed to hold in a bank account for plaintiff’s benefit.  Read More