Yeh

*957 I. INTRODUCTION

Plaintiff Francine S. Yeh claims to have purchased a condominium with her deceased husband, Shu Hsun Tai ("Shu"), and transferred it to him so that they could obtain a more favorable loan. She claims that he promised to place her back on the title to the property, and that she could sell it or keep it after his death. Instead, he transferred the title to a trust, of which his children from a prior marriage, defendants Li-Cheng Tai and Li-Jung Tai, are beneficiaries.

Plaintiff filed a breach of fiduciary duty action against defendants under Family Code section 1101, 1 essentially seeking return of the condominium. The trial court sustained without leave to amend defendants' demurrer due to the expiration of the statute of limitations. The court relied on Code of Civil Procedure sections 366.2 and 366.3, which provide that actionable claims based on the liability of a decedent, or based on his testimonial promises, must be filed within one year of his death. Plaintiff filed this claim about 18 months after her husband's death.

Section 1101, however, contains its own statute of limitations and specifically addresses marriages ending by death. Under section…