Matthew R. Owens

Partner | San Diego San Francisco


Secretary Amy Malensek

 

Track record

US$2 million judgment against trustee

Obtained US $2 million judgment against trustee in San Francisco County Probate Court for trust beneficiary following a multi-week bench trial. Trustee was surcharged for breaches of fiduciary duty in connection with sub-trust funding and trust administration.

Beneficiary of life insurance policy

Obtained summary judgment in favor of the beneficiary of a life insurance policy, defeating claims of other family members who had petitioned the San Mateo County Probate Court to treat the policy as a trust asset.

Defense and award of attorney's fees

Complete defense and award of attorney's fees on behalf of an estate's executor following a three-day bench trial in Los Angeles County Probate Court. Defeated allegations the personal representative had stolen US $2 million of assets from the estate.

Charity beneficiaries

Represented charity beneficiaries in a removal action in San Diego County Probate Court and successfully had the estate's executor removed and a private professional fiduciary appointed.

Estate's administrator

Represented estate's administrator and forced the turnover of US $1 million in assets to a receiver appointed in San Mateo County Superior Court pending adjudication of the estate's claim to ownership in a disputed business.

Dismissal of estate negligence claim

Obtained dismissal of a negligence action filed against an enrolled agent in Napa County Superior Court.

Private professional fiduciary

Successfully defended a private professional fiduciary against a removal claim filed by the conservatee's child in a conservatorship proceeding, and maintained the favorable outcome through argument before the First District Court of Appeal.

Corporate trustee fiduciary duty

Defended a corporate trustee against claims of breach of fiduciary duty concerning trust administration and the sale of a multi-million dollar real estate portfolio. Case settled on favorable terms after three days of trial in San Diego County Superior Court in what was projected to be a three-week trial.

Talks

  • 'Trust protectors,' Professional Fiduciary Association of California (PFAC) - January 11, 2023, co-presenter
  • 'Recent Developments in California Trusts and Estate Law,' California Lawyers Association Annual Meeting - September 17, 2022, co-presenter

  • 'Recent Updates on Cases, Statutes and Fiduciary Regulations in Trust and Estate Law,' Professional Fiduciary Association of California (PFAC) - May 6, 2022, co-presenter

  • 'Virtual Lunch with Lawyers,' California Western School of Law - August 16, 2022, speaker

  • 'The Britney Effect: AB 1194 and Conservatorships in 2022,' Orange County Bar Association - April 22, 2022, co-presenter alongside Judge Hubbard, Commissioner Heisler, and Marilyn Kriebel LPF

  • 'Let's Get Digital! E-Discovery in Trust and Estate Litigation,' California Lawyers Association (CLA) - April 14, 2022, co-presenter

  • 'What's Sacramento Up To? 2021 Legislation and its Impact on Fiduciaries,' PFAC - San Diego Region - March 23, 2022, co-presenter

  • 'Let's Get Digital! E-Discovery in Trust and Estate Litigation,' San Mateo County Bar Association (SMBCA) - March 17, 2022, co-presenter

  • 'Recent Developments in Estate, Trust, and Probate Law,' Probate Attorneys of San Diego (PASD) - March 16, 2022, co-presenter

  • 'Case and Statutory Updates in Estate, Trust and Probate Law and California Fiduciary Regulations,' The 26th Annual PFAC Educational Conference - August 26, 2021, co-presenter

  • 'E-Discovery in Trust and Estate Litigation,' California Lawyers Association, Trust & Estate section 'Trust Me' podcast - May 6, 2021, speaker

  • 'Estate Planning, Trust & Probate Law: 2020 Year in Review,' Trust & Estate Section of the San Diego Bar Association webinar - April 1, 2021, co-presenter

  • 'Estate Planning, Trust & Probate Law: 2020 Year in Review,' Estate Planning, Trust & Probate Law Section of the La Jolla Bar Association webinar - March 11, 2021, co-presenter

  • 'Contested Nonprobate Transfers - When the Estate Plan Trumps,' California Lawyers Association - February 26, 2021, presenter

  • 'Estate Planning, Trust & Probate Law: 2019 Year in Review,' Estate Planning, Trust & Probate Law Section of the San Diego County Bar Association webinar - July 15, 2020, co-presenter

  • 'Contested Nonprobate Transfers: When the Estate Plan Trumps,' Professional Fiduciary Association of California PFAC 2020 Annual Conference - June 4, 2020, presenter

  • 'Wine Not? California's New Decanting Act,' San Mateo County Bar Association Estate Planning & Probate Section - October 10, 2019, co-presenter

  • 'Probate Court: New Attorney Fundamentals,' San Diego County Bar Association - September 13, 2019, co-presented with Hon. Julia C. Kelety

  • 'Estate Planning, Trust & Probate Law: 2018 Year in Review,' San Diego County Bar Association - March 14, 2019

  • ‘Wine Not? California's New Decanting Act,' First American Trust - February 4 and 6, 2019

  • 'Estate Planning, Trust and Probate Law: 2017 Year in Review,' San Diego County Bar Association - March 1, 2018

  • 'Incapacity & Undue Influence,' PCT Associate Training - Estate Planning Series, December 14, 2017