Gallio v. Conigliaro

Opinion

YEGAN, J.

Here we hold that the state constitutional right to privacy (Cal. Const., art. I, § 1) and newly enacted Family Code section 853, subdivision (a) preclude discovery of a living person’s will. Gloria Conigliaro and Joanne Pinherio (hereinafter the children) appeal from a judgment that the property of their deceased father, John Gallic, Jr. (father), was not transmuted to community property. The trial court ruled that the children could not compel the production of Helen M. Gallio’s (stepmother’s) will and testamentary documents to show an agreement between father and stepmother…