Altschul v. Schweitzer

Opinion

WIENER, J.

Plaintiff Ora Altschul appeals from the judgment of dismissal entered after the court sustained defendant’s demurrer without leave to amend. We reverse with instructions to the trial court to overrule the demurrer.

Factual and Procedural Background

On August 17, 1984, Gary S. Schweitzer, an attorney, died testate. On October 10, the San Diego Superior Court issued letters testamentary to Melvin L. Schweitzer as executor of the estate under the Independent Administration of Estates Act.

The executor’s attorney, James E. Clark, began to collect assets of Schweitzer’s estate for…