In City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (2008) 68 Cal.App.4th 445, the Court of Appeal considered a passage of Scott on Trusts which notes that a beneficiary should not be allowed to maintain an action against a third party that actively participates in a breach of trust if the offending trustee has been removed and a successor appointed. (Atascadero, supra, 68 Cal.App.4th at p. 467) The court had no occasion to apply this rule in Atascadero because the county remained the trustee of the statutory investment trust both during and after the breaches of fiduciary duty, even though the occupant of the county treasurer position had changed. (68 Cal.App.4th at pp. 468-470.)