Roy Lee Dailey v. Honey Dailey

65 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roy Lee DAILEY, Plaintiff-Appellant, v. Honey DAILEY, Defendant-Appellee. No. 94-35895. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 22, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Robert Lee Dailey, step-son of the defendant, appeals pro se the district court's summary judgment for defendant. Dailey alleges that defendant fraudulently converted Dailey's intestate share of his father's estate. Specifically, Dailey contends that defendant defrauded him by not submitting his father's estate to administration. We have jurisdiction over this diversity action under 28 U.S.C. Sec. 1291 , 1 and we affirm in part, reverse in part, and remand. 3 Under the California Probate Code, where a person dies without a valid will, the surviving spouse takes the decedent's one-half share in all community property and at least one-third of the decedent's…