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RICE v. CLARK

No. S097456.

120 Cal.Rptr.2d 522 (2002)

28 Cal.4th 89

47 P.3d 300

Owen S. RICE, Plaintiff and Appellant, v. Richard L. CLARK et al., Defendants and Respondents.

Supreme Court of California.

June 10, 2002.

Attorney(s) appearing for the Case

Law Offices of Herb Fox, Herb Fox, Santa Barbara; Mullen & Henzell, Lawrence T. Sorensen, Santa Barbara, and Bret A. Stone, for Plaintiff and Appellant.

Price, Postel & Parma and David K. Hughes, Newport Beach, for Defendants and Respondents.

WERDEGAR, J.

Probate Code section 21350 presumptively disqualifies, as the recipient of a donative transfer by instrument, a person who drafts the instrument (id., subd. (a)(1)) or who, having a fiduciary relationship with the transferor, "transcribes the instrument or causes it to be transcribed" (id., subd. (a)(4)).1 The issue presented in this case is whether the class of persons disqualified because they cause...

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