Estate of FRANCES MANISCALCO, Deceased. UNION BANK, as Administrator, etc., Petitioner, v. CENPLEX CORPORATION, Claimant and Appellant; CITY OF EL CAJON, Movant and Respondent
9 Cal. App. 4th 520 · D013231
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a prospective overbidder at a probate sale confirmation hearing, whose failure to appear was due to excusable neglect induced by the estate administrator’s counsel, qualifies as an “interested person” under Probate Code section 48, subdivision (b), and thus has standing to bring a motion to vacate the confirmation order under Code of Civil Procedure section 473.
Statutes construed
- CCP § 473
- PROB § 48
Cited by (2)
- Estate of ANGELA MARIE PRINDLE, Deceased. EARLINE HARRIS, as Administrator, etc., Petitioner and Respondent, v. JESSICA HARRIS et al., Claimants and Respondents; TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Objector and Appellant (2009) 173 Cal. App. 4th 119
- Estate of SONIA SOBOL, Deceased. TERRY D. SHAYLIN, as Co-executor, etc., et al., Petitioners and Respondents, v. JAY ROSE et al., Objectors and Appellants (2014) 225 Cal. App. 4th 771
Authorities cited (3)
- Estate of FREDERICKA C. HERZ, Deceased. VIRGIL F. McCARRON et al., Appellants, v. ROSINA HERZ et al., Respondents 147 Cal.App.2d 100
- Estate of JOHN CAMERON DAVIS, Deceased. MARILYN DAVIS, as Administratrix, etc., Petitioner and Respondent, v. TORD NORBERG et al., Objectors and Appellants; HIGHLANDS INSURANCE COMPANY, Real Party in Interest and Respondent 219 Cal.App.3d 663
- Estate of THOMAS E. POWERS, Deceased. OLGA E. POWERS, Petitioner and Respondent, v. GERALDINE POWERS KESSLER, Contestant and Appellant; FLORENCE JEANNE WEBER, Claimant and Respondent 91 Cal.App.3d 715