Salter v. Lerner
Filed 6/11/13 Salter v. Lerner CA1/3
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST
APPELLATE DISTRICT
DIVISION
THREE
>
CARIN SALTER et al., Plaintiffs and Respondents, v. GLENN LERNER, Defendant and Appellant. | A138666 (City & County of San Francisco Super. Ct. No. PTR-07-290766) |
The
motion of Carin Salter and Jennifer Segal to dismiss the appeal of Glenn Lerner
from the order denying Lerner’s petition for instructions regarding the statute
of limitations, etc., is GRANTED.
Whether Lerner’s petition is regarded as a demurrer or a
appearing on the face of the underlying petition filed by Salter and Segal, the
order denying Lerner’s petition is not a “final order under Chapter 3
(commencing with Section 17200) of Part 5 of Division 9 [of the Probate Code],â€
made appealable by Probate Code section 1304, subdivision (a). Unlike the order from which the appeal was
taken in Germino v. Hillyer (2003)
107 Cal.App.4th 951, on which Lerner relies in arguing that the present order
is appealable, the present order denies Lerner’s petition, denying his request
to determine that the petition by Salter and Segal is barred by the statute of
limitations. The claims of Salter and
Segal thus remain to be resolved. The
order in Germino v. Hillyer granted a
similar motion, thus finally determining that certain claims contesting the
trust were barred, leaving nothing further in that respect to be determined.
The
appeal is hereby dismissed.
_________________________
Pollak,
Acting P.J.
We concur:
_________________________
Siggins, J.
_________________________
Jenkins, J.
