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Salter v. Lerner

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE
Jun 11, 2013
A138666 (Cal. Ct. App. Jun. 11, 2013)

Opinion

A138666

06-11-2013

CARIN SALTER et al., Plaintiffs and Respondents, v. GLENN LERNER, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(City & County of San Francisco

Super. Ct. No. PTR-07-290766)

The motion of Carin Salter and Jennifer Segal to dismiss the appeal of Glenn Lerner from the order denying Lerner's petition for instructions regarding the statute of limitations, etc., is GRANTED. Whether Lerner's petition is regarded as a demurrer or a motion to dismiss based on facts not appearing on the face of the underlying petition filed by Salter and Segal, the order denying Lerner's petition is not a "final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9 [of the Probate Code]," made appealable by Probate Code section 1304, subdivision (a). Unlike the order from which the appeal was taken in Germino v. Hillyer (2003) 107 Cal.App.4th 951, on which Lerner relies in arguing that the present order is appealable, the present order denies Lerner's petition, denying his request to determine that the petition by Salter and Segal is barred by the statute of limitations. The claims of Salter and Segal thus remain to be resolved. The order in Germino v. Hillyer granted a similar motion, thus finally determining that certain claims contesting the trust were barred, leaving nothing further in that respect to be determined.

The appeal is hereby dismissed.

_________________

Pollak, Acting P.J.
We concur: _________________
Siggins, J.
_________________
Jenkins, J.


Summaries of

Salter v. Lerner

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE
Jun 11, 2013
A138666 (Cal. Ct. App. Jun. 11, 2013)
Case details for

Salter v. Lerner

Case Details

Full title:CARIN SALTER et al., Plaintiffs and Respondents, v. GLENN LERNER…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

Date published: Jun 11, 2013

Citations

A138666 (Cal. Ct. App. Jun. 11, 2013)