Heilig v. Wood

Filed 4/25/06 Heilig v. Wood CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Plaintiff Joyce S. Heilig appeals from the judgment following the trial court's order sustaining without leave to amend defendant Ralph E. Wood's demurrer to her second amended complaint. We reverse as to dismissal of the first and third causes of action and remand for further proceedings.

Factual and Procedural Background

Because a demurrer admits all material facts properly pleaded, we base our recitation of the facts on plaintiff's second amended complaint. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, 1224.)

Plaintiff Heilig is the daughter of John Spengler, who at the time of his death in 1981 was married to Doris Spengler. Defendant Ralph Wood is Doris Spengler's son. It appears that Heilig is John Spengler's daughter from a prior relationship and Ralph Wood is Doris Spengler's son from a prior relationship. It also appears that neither John nor Doris Spengler had any other children.

Doris Spengler died in 1996, her estate was entered into probate, and Ralph Wood was appointed administrator of the estate. In her will, she bequeathed to Wood her home and a duplex, both in Oakland; she bequeathed $20,000 to Heilig and $1,000 to each of Heilig's children. Although Heilig has lived at the same address in Oakland since 1983 and has been listed in the telephone book and in voter registration records for many years, Wood failed to notify Heilig of the probate proceedings. Wood listed Heilig in the initial petition for probate of Doris Spengler's will with address â€