Boshernitsan v. Bach (2021)

Citation: Boshernitsan v. Bach (2021)
Parent Document: Boshernitsan v. Bach (2021)
Jurisdiction: California (state)
Effective Date: 2021-03-12
Original Source: https://www.courtlistener.com/opinion/4863566/boshernitsan-v-bach/ ↗

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“person” to include a trust and the Civil Code provides that “[a]ny person”
may hold property in California (Civ. Code, § 671), trusts can own property.
The tenants fail to explain why the Probate Code’s definition of the term
should be read into a Civil Code provision, particularly since the Civil Code
contains its own definition of “person”—which does not mention trusts. (See
Civ. Code, § 14, subd. (a) [“the word person includes a corporation as well as a
natural person”].) Similarly, the tenants’ reliance on a Department of Health
Services regulation defining a “business entity” to include “any natural
person, or form of business organization, including . . . a . . . trust” (Cal. Code
Regs., tit. 17, § 33006) is unavailing.

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