Vecchioli v. Borel Private Bank & Trust Co.
Vecchioli v. Borel Private Bank & Trust Co.
Opinion of the Court
MEMORANDUM
Lorenzo Vecchioli appeals pro se from the district court’s judgment dismissing his action challenging defendants’ actions re
The district court properly concluded that all of the claims except those involving Deutsche Bank’s maintenance of the trust property are barred by res judicata, because Vecchioli had or could have asserted the claims in probate and civil proceedings before the California courts. See Manufactured Home Cmtys, 420 F.3d at 1031 (discussing California preclusion law; holding claims were properly dismissed based on res judicata). Moreover, the remaining claims against Deutsche Bank for its maintenance of the property before its sale in 1995 are barred by the applicable statutes of limitations. See Cal. Prob.Code § 16460 (two-year limitations period for breach of trust claims); David Welch Co. v. Erskine & Tulley, 203 Cal.App.3d 884, 893, 250 Cal.Rptr. 339 (1988) (four-year catch-all statute in Cal.Civ.Proc.Code § 343 applicable to breach of fiduciary duty claims); Cal.Civ.Proc.Code § 339(1) (two-year limitations period for negligence claims).
Vecchioli’s remaining contentions lack merit.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.