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DABNEY v. DABNEY

No. B155292.

127 Cal.Rptr.2d 917 (2002)

104 Cal.App.4th 379

Hilary DABNEY, Plaintiff and Appellant, v. Mary Catherine DABNEY, as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

December 16, 2002.

Attorney(s) appearing for the Case

Richard I. Wideman, Santa Barbara, for Plaintiff and Appellant.

Griffith & Thornburgh, John R. Rydell II, Santa Barbara, and John C. Eck, Reno, NV, for Defendant and Respondent.

GILBERT, P.J.

However reasonable a court's decision may seem, it must be based on a cause of action. Absent this essential ingredient the court lacks jurisdiction to act.

Here we conclude the probate court erred in ordering a cotenant who is also a trust beneficiary to execute documents for a lot line adjustment. The court's order bears out Professor Witkin's observation that "the Probate Code is a fertile field for the discovery of jurisdictional limitations...

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