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PARKER v. WALKER

Docket No. C009597.

5 Cal.App.4th 1173 (1992)

6 Cal. Rptr.2d 908

MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent.

Court of Appeals of California, Third District.

April 14, 1992.

Attorney(s) appearing for the Case

COUNSEL

Deborah K. Patterson for Plaintiffs and Appellants.

Danny L. Haukedalen, McDonough, Holland & Allen and Donald C. Poole for Defendant and Respondent.

OPINION

SIMS, J.

In this case, we hold that a petition in probate, filed pursuant to Probate Code section 9860 (further statutory references are to the Probate Code unless otherwise indicated), initiates an "action" subject to the bar of the two-year statute of limitations for oral agreements set out in Code of Civil Procedure section 339, subdivision 1 (hereafter Code Civ. Proc., § 339(1)).

FACTUAL AND PROCEDURAL BACKGROUND...

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