Smith v. Myers

Holding

The court held that Code of Civil Procedure section 366.3 does **not** apply to a petition seeking to confirm the validity of a trust amendment because the petition is grounded in the *instrument* itself—not in a promise or agreement with the decedent to make a future distribution. Consequently, the one‑year statute of limitations in § 366.3 cannot bar the Smiths’ action, and the trial court’s denial of the summary‑adjudication motion was proper. ---