Dolinger

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Beverly Seeman (Beverly) died on April 28, 2008, at the age of 92. She had two 2 children, Michael Seeman (Michael) and Nancy Dolinger (plaintiff). Michael died on August 9, 2003, leaving a will that bequeathed 25 percent of his estate to Beverly, 25 percent to Ben Hayes (Ben), and 50 percent to his former wife, Rosa Seeman (Rosa). At the time of his death, Michael owned Joseem, Inc. (Joseem), a company that owned property that had been leased to 7-Eleven to run a minimart. Michael left plaintiff one dollar. Between 2003 and 2007, plaintiff sued Michael’s estate in probate court. That litigation concluded in 2007. Michael C. Murphy (defendant) was not involved in that litigation. By 2007, the property held by Joseem was worth approximately $650,000. Rosa was the executor of Michael’s estate, and she had yet to distribute any Joseem asset to

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

Because many individuals involved in this case share the same last name, we use first names for clarity. No disrespect is intended.

2 either Beverly or Ben. As a later court found, Rosa…