Altschul v. Schweitzer

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 their distribution to decedent’s two minor children. One such asset included a $29,000 account receivable from Altschul representing attorney’s fees for services rendered by the decedent. The claim was turned over to an agency for collection.

On November 30, 1984, and on several occasions after that, Altschul’s attorney, Rita E. Moss, contacted Clark. These conversations included dis cussions relating to Altschul’s inability to pay the debt and her contention decedent had failed to render his services in a competent manner. These discussions culminated in a compromise reflected in Clark’s…