Salinas National Bank v. Cook

From a judgment of foreclosure of a deed of trust, defendant Kilmartin as administrator of the estate of Ellen Abbott, also known as Ellen Cook, deceased, sued herein as John Doe, appeals on the judgment roll alone. While the notice of appeal includes an appeal from the entire judgment, defendant’s brief and stipulation at argument limits the appeal to that portion of the judgment allowing plaintiff attorneys’ fees, cost of title report and costs of suit.

Question Presented

Can failure to allege presentation to the estate of claim for attorneys’ fees, cost of title report and court costs be…