Metzger v. Silverman
Appellate Division of the Superior Court of California
1Opinion of the Court
Opinion
JENSEN, J.
Issues
This venue case presents two novel issues. First, must all actions brought against an executor to recover money or personal property be commenced in the county which has jurisdiction over the estate? Second, if an action is erroneously commenced in the wrong county, under what circumstances may attorney fees be awarded pursuant to Code of Civil Procedure, section 396b?
Facts
Appellant Silverman is the administratrix of an estate being administered in Los Angeles County. Appellant Falcone is the attorney for the *1070administratrix who practices law in Los Angeles County. Both…
2Cases cited20 opinions
- Barquis v. Merchants Collection Assn.California Supreme Court · 1972
- Smith v. LewisCalifornia Supreme Court · 1975
- People Ex Rel. Younger v. Superior CourtCalifornia Supreme Court · 1976
- People v. NunnCalifornia Supreme Court · 1956
- Norton v. HinesCalifornia Court of Appeal · 1975
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3Cited by4 opinions
- Bauguess v. PaineCalifornia Supreme Court · 1978
- Young v. RosenthalCalifornia Court of Appeal · 1989
- Metzger v. SilvermanCalifornia Court of Appeal · 1976
- Olson v. ArnettCalifornia Court of Appeal · 1980