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INDEPENDENT BANKERS TRUST CO. v. SUPERIOR COURT

Docket No. AO17543.

138 Cal.App.3d 238 (1982)

188 Cal. Rptr. 14

INDEPENDENT BANKERS TRUST COMPANY, as Executor, etc., Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; JOSE LOPEZ, a Minor, etc., et al., Real Parties in Interest.

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

December 17, 1982.

Attorney(s) appearing for the Case

COUNSEL

W. Gregory Engel, Bianchi & Hoskins, D. Stuart Candland and Craddick, Candland & Conti for Petitioner.

No appearance for Respondent.

Richard H. Jordan for Real Parties in Interest.

OPINION

GRODIN, P.J.

On September 30, 1980, Independent Bankers Trust Company (petitioner) was discharged as executor of the estate of John F. Erlwein, M.D. Over 15 months later, on January 12, 1982, it was served, as executor, with summons and complaint in an action for malpractice which real parties in interest had filed in January 1979 during the pendency of the probate proceedings. American Mutual Liability Insurance Company,...

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