California Court of Appeal

In suit alleging that former husband was substantially delinquent in payments of spousal and child support, and that former mother-in-law was induced to change her will to leave to her daughter the one-third of her estate that she had previously designated to go to plaintiff's former husband, with the understanding that daughter would subsequently "get that money to" him, sustaining of demurrer is reversed where the court erred in refusing to grant leave to amend to correctly plead a cause of action under which plaintiff ultimately may be entitled to prevail.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

• POLLAK, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen G. Opperwall, Pleasonton, for plaintiff and appellant.


• For Appellees:
  
• Law Offices of Edward E. Martins, A Prof. Corp., Valarie J. Follett, Edward E. Martins, Hayward, for defendant and respondent.