Levine

Levine v. Levine

Good Law
102 Cal. App. 4th 1256·126 Cal. Rptr. 2d 255·2002 Cal. App. LEXIS 4819·2002 Daily Journal DAR 12073·2002 Cal. Daily Op. Serv. 10498
Court of Appeal of CaliforniaOctober 17, 2002B154515California3,465 words

Opinion

Opinion

Curry, J.

Appellants Derek and Danielle Levine are the grandchildren of Allan Levine, who died on September 28, 1999. When he was alive, Allan established investment accounts in appellants’ names pursuant to the Uniform Transfers to Minors Act (Prob. Code, § 3900 et seq., UTMA). Allan withdrew the money from those funds approximately four years before his death. More than a year after his death, appellants filed a complaint against his widow, Karen Levine, in her capacity as beneficiary of the Levine family trust (the Trust), the irrevocable trust which held title to the bulk of Allan’s estate. Demurrer to the original complaint was sustained without leave to amend on statute of limitations grounds. Appellants then sought to recoup the funds from the Trust, and filed an amended complaint naming it and Karen in her capacity as trustee. This complaint was dismissed based on the previous ruling. Appellants contend that the trial court erred in applying the statute of limitations contained in section 366.2 of the Code of Civil Procedure (hereafter section 366.2) and that the tolling provisions of Code of Civil Procedure section 352 (hereafter section 352) prevented the statute from…

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