Rousseau

Rousseau v. Raoul-Duval

Good Law
1962 Cal. App. LEXIS 2397·203 Cal. App. 2d 589·21 Cal. Rptr. 751
Court of Appeal of CaliforniaMay 16, 1962Civ. No. 19896California590 words

Opinion

Lead Opinion

Agee, J.

Plaintiff, Kathleen M. Rousseau, filed a complaint herein on September 17, 1959, in propria persona. She alleges that she is a daughter of Josephine B. McConnon, deceased, and that she did not receive proper notice of the hearing of the petition for final distribution of her mother’s estate; that the hearing was held on September 17, 1956; that by reason of said lack of proper notice, plaintiff was deprived of the opportunity to defend her rights as an heir. The defendants are described as either attorneys for the estate or attorneys employed to represent her in the estate. She alleges that none of them gave her proper notification of the hearing.

The law firm of Tobin & Tobin and Richard Raoul-Duval, of that firm, interposed a general demurrer. So did the law firm of O’Gara & O’Gara and Paul O’Gara, of that firm. These demurrers were sustained without leave to amend and plaintiff appeals from the judgment which followed.

Under the authority of Flores v. Arroyo, 56 Cal.2d 492 [ 15 Cal.Rptr. 87 , 364 P.2d 263 ], we take judicial notice of the decree of final distribution entered in the estate of plaintiff’s deceased mother, The decree recites that the mother died on December 31,…

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