Estate of Maniscalco

Dietmar E. Schott for Claimant and Appellant.

McDougal, Love, Eckis, Grindle & O'Connor and Lynn R. McDougal for Movant and Respondent.

OPINION

WORK, Acting P.J.

Cenplex Corporation (Cenplex) appeals an order granting the City of El Cajon's (City) motion to vacate a probate court order confirming the sale of real property to Cenplex. Cenplex contends the City lacked standing because it was not an "interested person" as required by Probate Code [1] section 48. Cenplex argues a prospective bidder who has failed to attend a confirmation hearing, without having any other preexisting relationship to the estate or to the property, is not an "interested person" under that section. For the following reasons, we conclude the probate court correctly concluded the City was an interested party and affirm the order.

Frances Maniscalco's probate estate included real property located at 179 Rea Street, El Cajon, California. Cenplex offered to purchase the property for $136,500, a figure within the 90 percent of appraised value as required by section 10309, subdivision (a)(3). At the confirmation hearing, the Cenplex purchase was confirmed without objection, as no other party was present to…