POLLY PARSONS, Plaintiff and Appellant, v. EDWARD TICKNER et al., Defendants and Respondents
31 Cal. App. 4th 1513 · B074550
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a decedent’s successor in interest has standing to pursue a cause of action arising from uninventoried estate assets, and that the complaint sufficiently pled causes of action for fraud, breach of fiduciary duty, constructive fraud, breach of contract, rescission, and conversion to survive demurrer.
Statutes construed
- CCP § 337
- CCP § 338
- CCP § 366.1
- CCP § 377
- CCP § 377.10
- CCP § 377.11
- CCP § 377.30
- CCP § 377.32
- CCP § 430.10
- EVID § 459
- PROB § 11605
- PROB § 573
- PROB § 58
- PROB § 7660
Cited by (2)
- Estate of IRMA E. YOUNG, Deceased. STEPHEN C. PARKER, as Administrator, etc., Petitioner and Appellant, v. CHARLES D. PARKER et al., Objectors and Appellants (2008) 160 Cal. App. 4th 62
- Estate of ROGER PRESTON KAMPEN, Deceased. SAN FRANCISCO OPERA ASSOCIATION, Petitioner and Appellant, v. CHANDLER FLICKINGER, as Executor, etc., Objector and Respondent; Estate of JAMES LAWRENCE ELLINGTON, Deceased. SAN FRANCISCO OPERA ASSOCIATION, Petitioner and Appellant, v. CHANDLER FLICKINGER, as Executor, etc., Objector and Respondent (2011) 201 Cal. App. 4th 971
Authorities cited (2)
- Estate of E. W. CALLNON, Deceased. JOHN G. CALLNON, Individually and as Trustee, etc., Petitioner and Appellant, v. MAXINE WINROTT, as Administratrix, etc., Contestant and Respondent 70 Cal.2d 150
- TRANQUILLA VAI, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Coexecutor and Trustee, etc., et al, Defendants and Respondents 56 Cal.2d 329