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

Published · citable Cited by 7 Cites 3

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.

Cited by (7)

Authorities cited (3)

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