Small Claims Trial Case Study

2000 Words8 Pages

Introduction On October 15th I ventured to the Hall of Justice to attend a small claims trials. When I arrived it was a huge building and I knew I was going to get lost. After finding my way to the small claims departments by the help of a nice lawyer, I sat and waited for about an hour. As 20 other students and myself, waited for the cases to begin a woman that worked with the courts, came out and also introduced herself as one of the business teachers at the University of San Diego said that most of the cases were going into mediation, or an alternate form of dispute aimed to negotiate settlements for the issue at hand through use of a mediator, or unbiased party. She also explained that all small claims were all valued at no more than …show more content…

Getty. Getty was an oil company founded by J. Paul Getty. Caroline Getty, Anne Getty Earhart, and Clair E. Getty, are the daughters of George F. Getty II, the departed son of J. Paul Getty and according to the case they are “the current income and presumptive remainder beneficiaries under the Declaration of Trust of Sarah Getty, J. Paul Getty’s mother” (Getty v. Getty 1988). Plaintiff Gordon P. Getty, son of J. Paul, is “a trustee of the estate and an income beneficiary. The other appellants, were children of Gordon, and are contingent beneficiaries under the declaration of trust” (Getty v. Getty 1988). The “... to preserve the business [Getty Oil Company] and always to build up, consolidate and hold control of it as a growth enterprise and never by an means to dissipate that control or any part of it.” (Getty v. Getty (1972) 28 Cal.App.3d 966, 1000 [105 Cal.Rptr. 259].) The trust estate was mainly 40.2% of stock of the Getty Oil Company and per the agreement of the trust Sarah and J. Paul wished that it would never be sold unless a situation were to arise where there would be astounding losses. Gordon Getty was the largest of the shareholders. Meanwhile Pennzoil made an “informal but binding contract with Getty Oil to purchase the company” (Jeffrey 2008). Texaco then attempted to acquire Getty, and in return was sued by Pennzoil for intentionally interfering with contractual relations or, tortious interference. On February 17th, 1984 sole trustee, Gordon Getty sold the stocks of Texaco for over $4 billion. The daughters of George Getty II filed a petition to remove Gordon P. Getty as trustee because the sale of stock violated the terms of the trust. They On November 13th, 1986, the daughters again petitioned for temporary removal and suspension of powers of the trustee, and the selection of a “trustee ad litem” also known as a court appointed trustee. The court found conflicts of interest of trustee Gordon,