California Court of Appeal

In a controversy concerning a decedent's property distributions, an order striking plaintiff's complaint on several grounds of preclusion is reversed and remanded where: 1) trial court erred as none of the orders cited as bars to the action was shown to possess the characteristics necessary to give them preclusive effect against the plaintiff; 2) plaintiff's claims were asserted within the applicable limitations period; and 3) the compulsory cross-complaint rule does not apply to those claims.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven J. Andre, Attorney for Plaintiff and Appellant Sandra Ferraro.


• For Appellees:
  
• Michael G. Desmarais, Los Gatos, Attorney for Defendants and Respondents Susan Camarlinghi et al.