Spears v. Spears

Holding

The court held that the trial court erred in dismissing Brian Spears’ petition because his “Creditor’s Claim” filed on Judicial Council Form DE‑172 constituted a proper amended pleading addressing the deficiencies identified in the sustained demurrer; the claim may proceed against the trust under Probate Code §§ 19000, 19150‑19151, and § 850, and although the oral agreement concerning the modular‑home purchase is barred by the two‑year statute of limitations, the claim based on the alleged $60,000 repayment agreement is not time‑barred and therefore must survive the dismissal. ---