Hinchman v. Hinchman

Filed 2/20/07  Hinchman v. Hinchman CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Susan  Bryant Deason, Judge.  Affirmed.

            Regan♦ Braun Law Offices, James J. Regan and Gene A. Wilker for Plaintiffs and Appellants.

            Artiano, Guzman & Toomey, James Artiano and Robert Yap for Defendants and Respondents.

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INTRODUCTION

            This appeal is from a dismissal of the action filed in the Los Angeles County Superior Court following the sustaining of a demurrer to plaintiffs' first amended complaint without leave to amend.  The dispute giving rise to the Superior Court action involves eight siblings and their alleged respective rights to share pro rata in the proceeds of sale of real estate formerly owned by their deceased father and mother.  For the reasons hereafter stated we affirm the judgment dismissing the action.

FACTUAL AND PROCEDURAL SYNOPSIS

            The real property.

            The realty which gives rise to the dispute among the siblings is located in Riverbank, California and is commonly known as 2643 West Stanislaus Street, Riverbank, California and will hereafter be referred to as â€