GIANOTTI v. McDONALD

Docket No. 20593.

213 Cal.App.2d 744 (1963)

29 Cal. Rptr. 275

FRANCES GIANOTTI, Plaintiff and Appellant, v. RUTH E. McDONALD, as Administratrix, etc., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

March 12, 1963.


Attorney(s) appearing for the Case

Barbagelata, Zief & Carmazzi, Rinaldo A. Carmazzi and Arthur C. Zief for Plaintiff and Appellant.

Everitt L. Mossman and Michael G. Ioakimedes for Defendant and Respondent.


DEVINE, J.

[1a] In this action upon a rejected creditor's claim for reasonable value of services performed for the deceased, testimony of plaintiff's husband was ruled inadmissible by the trial court under the provisions of the dead man statute (Code Civ. Proc., § 1880, subd. 3),* despite an agreement signed by the husband on the date of the trial but prior to the proffered testimony, that the claim and all proceeds thereof...

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