CRAIG BATTUELLO, Plaintiff and Appellant, v. ELLEN BATTUELLO, Individually and as Trustee, etc., et al., Defendants and Respondents
64 Cal. App. 4th 842 · A080011
California Court of Appeal, First Appellate District · Filed
Holding
The court held that the one-year limitations period under Code of Civil Procedure section 366.2, while applicable to a cause of action for breach of a contract to make a will that existed prior to the promisor’s death, does not abrogate the common law doctrine of equitable estoppel, and a plaintiff may plead facts to estop a defendant from asserting the statute as a defense.
Statutes construed
- CCP § 366.2
- PROB § 150
Cited by (7)
- JOANNE EMBREE, Plaintiff and Appellant, v. JEAN LOUISE EMBREE et al., Defendants and Respondents (2004) 125 Cal. App. 4th 487
- CAROLINE STEWART, Plaintiff and Appellant, v. SHEDRA K. SEWARD, as Administrator, etc., Defendant and Respondent (2007) 148 Cal. App. 4th 1513
- SANDRA FERRARO, Plaintiff and Appellant, v. SUSAN CAMARLINGHI et al., Defendants and Respondents (2008) 161 Cal. App. 4th 509
- HUGH J. McMACKIN, Plaintiff and Respondent, v. KELEIAN McGINNESS EHRHEART, Individually and as Administrator, etc., et al., Defendants and Appellants (2011) 194 Cal. App. 4th 128
- JOHN J. DACEY, Plaintiff and Appellant, v. WILLIAM TARADAY et al., Defendants and Respondents; JOHN J. DACEY, Plaintiff and Appellant, v. WILLIAM TARADAY, as Administrator, etc., Defendant and Appellant (2011) 196 Cal. App. 4th 962
- Estate of RUDY BONZI, Deceased. JAMES BONZI, as Executor, etc., et al., Petitioners and Appellants, v. THE PEOPLE ex rel. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD et al., Objectors and Respondents (2013) 216 Cal. App. 4th 1085
- MARION Z. BRADLEY et al., Cross-complainants and Appellants, v. MOIRA BREEN, as Personal Representative, etc., et al., Cross-defendants and Respondents (1999) 73 Cal. App. 4th 798
Authorities cited (3)
- Estate of JOHN HOUSLEY, Deceased. BRIAN HOUSLEY, Petitioner and Appellant, v. BARBARA HAYWOOD, as Executor and Trustee, etc., Objector and Respondent 56 Cal.App.4th 342
- KAREN JURAN, Plaintiff and Appellant, v. DAVID EPSTEIN, Defendant and Respondent 23 Cal.App.4th 882
- Westbrook v. Superior Court 176 Cal.App.3d 703