In the Matter of the Estate of LEON MORRISON, Deceased. ZYSLA BRUCHA GOLDBORTEN et al., Appellants, v. MAUD SCOTT, Respondent
125 Cal. App. 504 · 8322
California Court of Appeal · Filed
Holding
The court held that the five-year mandatory dismissal period prescribed by Code of Civil Procedure section 583 was applicable to will contests as adversary proceedings governed by the rules of civil practice, but that the period during which the contests were dismissed and subsequently reinstated due to fraudulent conduct must be excluded from the statutory computation, as this suspension temporarily deprived the trial court of jurisdiction to proceed.
Cited by (3)
- DANA VARNEY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRANCES ANTOLIN, as Executrix, etc., Real Party in Interest (1992) 10 Cal. App. 4th 1092
- MELVIN B. BOSWORTH et al., Petitioners, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN HARRIS et al., Real Parties in Interest (1956) 143 Cal. App. 2d 775
- BONNIE KATZENSTEIN, as Trustee, etc., Plaintiff and Respondent, v. CHABAD OF POWAY, Defendant and Appellant (2015) 237 Cal. App. 4th 759