Kratz

Kratz v. Weston

Good Law
175 Cal. App. 2d 610·1959 Cal. App. LEXIS 1383·346 P.2d 441
Court of Appeal of CaliforniaNovember 27, 1959Civ. No. 9790California391 words

Opinion

Lead Opinion

Dyke, J.

The Superior Court in and for the City and County of San Francisco made a final decree of distribution and an order settling the final account in the above entitled estate. Estelle Kratz and Linda Koch appealed. Thereafter they filed in the superior court a notice of motion to vacate the decree. This motion was denied and they appealed. The matters were transferred to this court. Thereafter respondent Weston filed herein his notice of motion to dismiss the appeals. Before the hearing there was filed herein by appellants a document titled “Verified Bequest for Disqualification,” wherein appellants, through their attorney of record, John P. Doran, Esq., “petitioned” for the disqualification of all members of this court. A perusal of the verified petition discloses that it states no facts whatever as a basis for any claim that any member of this court is disqualified to act herein.

In view of the failure of the petition to allege any facts from which even an inference of disqualification could be drawn, this court has decided to ignore the petition and to order it stricken from the files. (People v. Darby, 114 Cal.App.2d 412, 439 [ 250 P.2d 743 ] ; Keating v. Superior Court, 45…

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