California Appellate Tracker

Goebner v. Superior Court (2025)110 Cal.App.5th 1105

May 29, 2025

Pleading, Demurrer, Time to File, Before Hearing, 1, 4

This decision holds that the time to file a demurrer to a probate petition is governed by Probate Code 1043, not CCP 430.30, governs the time to file a demurrer to a probate petition. Under section 1043, the demurrer may be presented at or before the hearing on the petition. By contrast CCP 430.30 requires a demurrer to be filed within 30 days after service of summons and complaint.

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Goebner v. Superior Court (2025)110 Cal.App.5th 1105

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