California Court of Appeal

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Bridgeman v. Allen, D062183

The probate court properly sustained a demurrer to a petition contesting a trust without leave to amend as untimely filed, where: 1) the petition was filed after the 120 day deadline set forth in Probate Code section 16061.8; 2) Code of Civil Procedure section 1013 does not apply to Probate Code section 16061.8, to extend the time to file an action contesting a trust past the 120-day period; and 3) the petition does not relate back to an earlier filed petition that had been dismissed without prejudice.

Appellate Information

  • Decided 08/30/2013
  • Published 08/30/2013

Judges

  • MCINTYRE

Court

  • California Court of Appeal

Counsel