Peebles

Peebles v. R. G. Garland Corp.

Good Law
103 Cal. Rptr. 560·1972 Cal. App. LEXIS 837·27 Cal. App. 3d 163
Court of Appeal of CaliforniaAugust 14, 1972Civ. No. 39198California2,201 words

Opinion

Lead Opinion

Dunn, J.

Plaintiff appeals from an order of dismissal (judgment, Code Civ. Proc., § 58Id) entered following an order sustaining a general demurrer to plaintiff’s complaint without leave to amend. The demurrer was *165 sustained on the sole ground that the action was barred by the statute of limitations.

The complaint was filed February 27, 1970, and contained four causes of action. In the first, plaintiff alleged her appointment on or about September 17, 1965, as administratrix-with-the-will-annexed of the estate of Wade Peebles, deceased; prior to his death, Peebles and the defendants orally agreed to and did become partners “in the businesses of purchasing, selling, subdividing, developing and managing properties”; in April and May 1964 deceased contributed $33,500 as his share of the partnership capital and was to receive 50 percent of the profits; “in and after June 1966, said defendants completed their buying, selling, subdividing, developing and managing said properties”; in June 1966 defendants paid $3,000 to plaintiff as administratrix, “in partial payment of their obligation”; before that date, plaintiff had demanded an accounting of defendants but they refused and…

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