Fredrickson v. Superior Court
38 Cal. 2d 593 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a probate court does not exceed its jurisdiction by granting a motion to vacate a final decree of distribution under Code of Civil Procedure section 473, even when the notice of motion does not explicitly cite that statute, where the grounds for relief based on inadvertence or excusable neglect are effectively raised at the hearing without objection.
Statutes construed
- CCP § 1068
- CCP § 473
- PROB § 1233