McClatchy v. Coblentz, Patch, Duffy & Bass, LLP
Annotate this CaseCoblentz, a law firm partner, died in 2010. Coblentz served for many years as a trustee for the McClatchy Trust before resigning in 2009. In 2012, one of the Trust’s beneficiaries filed a Petition for Relief from Breach of Trust under Probate Code 17200(a), seeking damages for alleged asset mismanagement. The petition included an allegation that “Petitioner is ignorant of the true names and capacities of the Respondents named herein as Does 1 through 20, inclusive, and therefore names these Respondents by such fictitious names." An amended petition, attempting to add the Firm as a named defendant, alleged that after reading an SEC filing dated 2004, plaintiff became aware that Coblentz‘s actions as trustee had been undertaken in his capacity as a partner in the Firm, making the Firm vicariously liable. The Firm argued the beneficiary was not entitled to use the Doe defendant procedure because he had known the Firm‘s identity and the facts allegedly giving rise to its liability when the original petition was filed and that the claims were time-barred. The trial court quashed service, reasoning that plaintiff knew all the relevant facts before filing the original petition. The court of appeal affirmed.
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