Estate of FRANK P. DITO, Deceased. BARBARA MERRITT et al., Petitioners and Appellants, v. ELENICE S. DITO, Objector and Respondent
198 Cal. App. 4th 791 · A128921
California Court of Appeal, First Appellate District · Filed
Published · citable
Cites 6
Holding
The court held that the trial court erred in sustaining a demurrer on res judicata grounds, as the primary right asserted in the appellants' elder abuse petition was distinct from the right to an omitted spousal share adjudicated in the prior proceeding; however, the demurrer was properly sustained on alternative grounds, though the court should have granted leave to amend.
Statutes construed
- PROB § 21610
- WIC § 15600
- WIC § 15610.30
- WIC § 15610.63
- WIC § 15657.3
Authorities cited (6)
- Estate of SONYA WEBER, Deceased. RUTH HOLLIS, Petitioner and Respondent, v. JACK K. WEBER, Contestant and Appellant 280 Cal.Rptr. 22
- Estate of SONYA WEBER, Deceased. RUTH HOLLIS, Petitioner and Respondent, v. JACK K. WEBER, Contestant and Appellant 229 Cal.App.3d 22
- Estate of LESTER A. O'BRIEN, Deceased. BEULAH McGRUDER, Plaintiff and Appellant, v. JAMES W. FOLEY, as Executor, etc., et al., Defendants and Respondents 246 Cal.App.2d 788
- Estate of LAURA MARIE LOWRIE, Deceased. LYNELLE L. GOODREAU, Petitioner and Respondent, v. SHELDON LAWRENCE LOWRIE, as Trustee, etc., Objector and Appellant 12 Cal.Rptr.3d 828
- Estate of LAURA MARIE LOWRIE, Deceased. LYNELLE L. GOODREAU, Petitioner and Respondent, v. SHELDON LAWRENCE LOWRIE, as Trustee, etc., Objector and Appellant 118 Cal.App.4th 220
- ROBERT QUICK, JR., Plaintiff and Appellant, v. ADRIANNE PEARSON, as Trustee, etc., Defendant and Respondent 186 Cal.App.4th 371