Dabney v. Dabney

Opinion

GILBERT, P. J.

However reasonable a court’s decision may seem, it must be based on a cause of action. Absent this essential ingredient the court lacks jurisdiction to act.

Here we conclude the probate court erred in ordering a cotenant who is also a trust beneficiary to execute documents for a lot line adjustment. The *381court’s order bears out Professor Witkin’s observation that “the Probate Code is a fertile field for the discovery of jurisdictional limitations.” (2 Witkin, Cal. Procedure (4th ed. 1996) Jurisdiction, § 314, p. 888.) We affirm other portions of the court’s order.

Facts

Sam…