California Court of Appeal

In proceedings involving a petition under Probate Code section 850(a) to request an order and judgment establishing the estate's ownership of certain real property and personal property, a ruling that estate was the prevailing party is reversed in part where the trial court should have allowed further proceedings regarding damages, either by granting the estate's motion to reopen the proceedings, or by ordering that proof of the value of the real property could be established as part of the accounting to be conducted postjudgment.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• HUFFMAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James C. Stevens, San Diego, for Objectors and Appellants., Kenneth H. Stone and Norman Michael Cooley, San Diego, for Petitioner and Appellant.