Di Salvo v. Bank of America

BROWN (H. C.), J.

This is an appeal from a judgment of dismissal with prejudice following the sustaining of a demurrer to the first amended complaint without leave to amend. The demurrer was sustained on the basis that the complaint alleged an oral contract to "make a will and thus was not enforceable under the provisions of Civil Code section 1624, subdivision 6.

Plaintiff contends that under the facts stated in the complaint defendants are estopped to assert as a defense the statute of frauds.

Plaintiff, Sandra Smith Di Salvo, is the daughter of A. T. Smith, Jr., and Ethel Smith, and the…