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METZGER v. SILVERMAN

Docket No. 110797.

62 Cal.App.3d 30 (1976)

133 Cal. Rptr. 355

ARTHUR F.X. METZGER, Plaintiff and Respondent, v. DOROTHY K. SILVERMAN et al., Defendants and Appellants.

Court of Appeals of California, Appellate Department, Superior Court, Santa Barbara.

September 8, 1976.

Attorney(s) appearing for the Case

COUNSEL

Falcone & Falcone, A.V. Falcone and Dewey Lawes Falcone for Defendants and Appellants.

Price, Postel & Parma and J. Terry Schwartz for Plaintiff and Respondent.

OPINION

JENSEN, J. —

ISSUES

This venue case presents two novel issues. First, must all actions brought against an executor to recover money or personal property be commenced in the county which has jurisdiction over the estate? Second, if an action is erroneously commenced in the wrong county, under what circumstances may attorney fees be awarded pursuant to Code of Civil Procedure, section 396b?

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