Barbier v. Beier CA4/2
In this appeal, plaintiff Kristen Barbier seeks reversal of a judgment of dismissal of her first amended complaint without leave to amend after the trial court sustained without leave to amend the demurrer filed by her half-brother, defendant Kurt Beier. The lawsuit alleged defendant cheated plaintiff out of her rightful share of the Doris and Lawrence Kleinfelter Family Trust. Defendant had demurred on the grounds plaintiff’s action was not timely brought within the applicable statute of limitations and that it was barred by res judicata following plaintiff’s unsuccessful attempt to recover against him and her attorney in connection with the distribution of the trust estate of their mother and plaintiff’s stepfather. The trial court ruled that the first amended complaint was barred by the three-year statute of limitations set forth in Code of Civil Procedure section 338. Plaintiff appealed.
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