Louis Fink Realty Trust v. Estate of Fink

MEMORANDUM **

Plaintiff, the Louis Fink Realty Trust, appeals the district court’s grant of judgment on the pleadings under Federal Rule of Civil Procedure 12(c). We affirm.

Consideration of the Trust Agreement did not require the district court to convert Defendant’s motion into a motion for summary judgment. Plaintiff alleged the contents of the Trust Agreement in the complaint. The parties do not contest the Trust Agreement’s validity or authenticity. See Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.1994) (holding that consideration of documents whose authenticity is uncontested and whose contents are alleged in complaint does not convert motion to dismiss into motion for summary judgment).

Plaintiffs claims are time-barred under Florida law. 1 Fla. Stat. § 733.710 . In May *359 v. Illinois National Insurance Co., 771 So.2d 1143, 1155 (Fla.2000), the Florida Supreme Court concluded that the applicable probate statute cannot be tolled by fraud. Two years from the date of death is the outside time limit to sue an estate. Id. at 1157 . Plaintiff sued outside that time limit. None of the statutory exceptions applies.

The third-party beneficiary claim is barred by California’s…