California Court of Appeal

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Straley v. Gamble, B240380

The trial court erred in ruling that plaintiff's petition for an order to determine the validity of a trust amendment was time-barred by the statute of limitations and the doctrine of laches, where: 1) plaintiff filed his petition within the 120 day time limit, even though he did not serve it until later; and 2) there is no indication that the trustee was prejudiced by any sort of delay in the timely filing and subsequent service of the petition.

Appellate Information

  • Decided 06/25/2013
  • Published 06/25/2013

Judges

  • ASHMANN-GERST

Court

  • California Court of Appeal

Counsel