Aviles v. Swearingen

Filed 10/23/2017 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX JOSE FRANCISCO AVILES et al., 2d Civil No. B281420 (Super. Ct. No. 56-2016-00479394-PR- Petitioners and Respondents, TR-OXN) (Ventura County) v. TRACY J. SWEARINGEN, Appellant. In this case of first impression, we apply newly enacted Probate Code section 21310. If, in theory, this could lead to a debatable result, so be it. There is no “play in the joints” in probate law, as Chief Justice Rehnquist would say. We “strictly” follow probate law as given to us by the…