California Court of Appeal

Summary judgment disposing of creditor's petition to recover profits from sale of real property is reversed where probate court erred in finding: 1) creditor lacked standing to pursue an order under Probate Code section 850; 2) creditor failed to exhaust his right to require the executrix of the estate to pursue the claim under Probate Code section 9653; and 3) his claim was barred by the applicable statutes of limitations.

Appellate Information

• Decided 05/10/2006
• Published 05/10/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James D. White, Los Angeles;  Donna Bader, Laguna Beach, for Petitioner and Appellant.


• For Appellees:
  
• Stephen M. Magro, Tustin, for Objector and Respondent.