Gillaizeau
Gillaizeau v. Bank of America
Opinion
Lead Opinion
Kaufman, J.
Genevieve Gillaizeau (plaintiff) instituted this action in effect to invalidate an order of the Riverside Superior Court sitting in probate admitting to probate the purported last will and testament of Darryl F. *838 Zanuck. The trial court sustained without leave to amend the general demurrers to plaintiff’s second amended complaint filed by defendants Bank of America National Trust and Savings Association (Bank), Virginia Fox Zanuck, Darrylin Zanuck de Pineda and Richard Darryl Zanuck.
Plaintiff appealed and defendants in their defense of the appeal sought sanctions against plaintiff for instituting and maintaining a frivolous appeal. On August 17, 1984, this court filed an unpublished opinion in which we modified the order of the superior court to include a dismissal of the action to make the order a final, appealable judgment; affirmed the judgment of dismissal; and imposed a sanction of $3,000 against plaintiff’s attorney Gerald Goldfarb “for counseling and prosecuting a frivolous appeal.” On November 15, 1984, the California Supreme Court granted plaintiff’s petition for hearing and the matter was transferred to that court. On January 29, 1986, the California…