Goebner v. Super. Ct.
A171241
California Court of Appeal, First Appellate District · Filed
Published · citable
Holding
The court held that, under Probate Code § 1043, an interested person may file a demurrer to a probate petition “at or before the hearing,” and therefore Goebner’s demurrer filed two days before the scheduled hearing was timely; the trial court’s reliance on Code of Civil Procedure § 430.40 was misplaced. ---
Statutes construed
- CCP § 1086
- CCP § 422.10
- CCP § 430.30
- CCP § 430.40
- CCP § 430.41
- CCP § 437c
- PROB § 1000