California Court of Appeal

A probate petition is not barred by the statute of limitations in Code of Civil Procedure section 366.2, because that section applies to liabilities existing at the time of death that survive the death, and no cause of action existed at the time of decedent's death, as there had been no breach of his alleged promises.

Appellate Information

• Decided 10/16/2002
• Published 10/16/2002

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William K. Wilburn, Saratoga, Attorney for Petitioner and Appellant:  Ruth E. Carpontier.


• For Appellees:
  
• Michael Patiky Miller, Weinberg, Ziff & Miller, Palo Alto, Attorneys for Objector and Respondent:  Pauline Roberson.