Barbier

INTRODUCTION

In this appeal, plaintiff Kristen Barbier seeks reversal of a judgment of dismissal

of her first amended complaint without leave to amend after the trial court sustained

without leave to amend the demurrer filed by her half-brother, defendant Kurt Beier. The

lawsuit alleged defendant cheated plaintiff out of her rightful share of the Doris and

Lawrence Kleinfelter Family Trust. Defendant had demurred on the grounds plaintiff’s

action was not timely brought within the applicable statute of limitations and that it was

barred by res judicata following plaintiff’s unsuccessful attempt to recover against him

and her attorney in connection with the distribution of the trust estate of their mother and

plaintiff’s stepfather. The trial court ruled that the first amended complaint was barred by

the three-year statute of limitations set forth in Code of Civil Procedure section 338.

Plaintiff appealed.

On appeal, plaintiff argues that the trial court improperly sustained the demurrer

without leave to amend where there is no evidence to support the trial court’s conclusion

that the limitations period began to run no later than October 2016 because her damages

did…