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MAUTNER v. PERALTA

Docket No. A043767.

215 Cal.App.3d 796 (1989)

263 Cal. Rptr. 535

JEROME MAUTNER, as Public Administrator, etc., Plaintiff and Appellant, v. JOE H. PERALTA et al., Defendants and Respondents.

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

September 29, 1989.

Attorney(s) appearing for the Case

COUNSEL

Robert Westmeyer, County Counsel, for Plaintiff and Appellant.

D. Richard Barelli, Parnie & Barelli, Joseph Hoffman, Joann M. Cook, Weinberg, Campbell & Stone and Dennis E. Powell for Defendants and Respondents.

OPINION

ANDERSON, P.J.

Does former Probate Code section 6311 afford absolute immunity to a bank which transfers funds in a decedent veteran's deposit account to an alleged beneficiary proceeding under a former section 630 affidavit despite actual notice of the superior, statutory claim of the California Veterans Home (Home)? We conclude it does not and reverse the judgment.

I. FACTUAL BACKGROUND...

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