Herterich

Herterich v. Peltner

Good Law
20 Cal. App. 5th 1132·229 Cal. Rptr. 3d 744
Court of Appeal of CaliforniaMarch 1, 2018A147554California5,818 words

Opinion

lead Opinion

Dondero, J.

*1135 Plaintiff Norman Bartsch Herterich appeals from summary judgments in favor of defendants Arndt Peltner and Alice Brown Traeg. The present action arises from prior litigation in a related probate proceeding. Peltner is the executor of the estate of decedent Hans Herbert Bartsch, and Traeg is the attorney who represented Peltner in the probate of the estate. During that proceeding, which has come to the attention of this court on several occasions, plaintiff unsuccessfully maintained that he was entitled to Bartsch's estate as a pretermitted heir. We conclude plaintiff's claims for damages in the present case are based entirely on representations made by *746 defendants in connection with the probate proceeding and therefore his claims are barred by the litigation privilege under Civil Code section 47, subdivision (b).

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The background to this case is well known to this court and the parties. We take judicial notice of our prior opinions in Estate of Bartsch (2011) 193 Cal.App.4th 885 , 124 Cal.Rptr.3d 13 ( Bartsch I ) and Estate of Bartsch (Jan. 30, 2014, A135322) 2014 WL 338784 [nonpub. opn.] ( Bartsch II ).

*1136 In brief,…

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