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GARDENHIRE v. SUPERIOR COURT

No. H026601.

26 Cal.Rptr.3d 143 (2005)

127 Cal.App.4th 882

Judith Lynn GARDENHIRE, Petitioner, v. SUPERIOR COURT of Santa Clara County, Respondent; Josephine A. Francesconi et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing April 21, 2005.

Review Denied June 8, 2005.

Attorney(s) appearing for the Case

Valensi, Rose & Magaram, Kenneth L. Heisz, Bruce D. Sires, Los Angeles, for Petitioner Judith Lynn Gardenhire etc.

Law Offices of Grace Kubota Yabarra, Grace Kubota Yabarra, Tone & Tone, Francine Tone, Truckee, for Real Party in Interest.

Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr., Shari Leinwand, Julian W. Poon, Dominic Lanza, Los Angeles, Russell Roessler, San Jose, for Real Party in Interest St. Anne's Maternity Home.

RUSHING, P.J.

STATEMENT OF THE CASE

Petitioner Sister Judith Lynn Gardenhire, D.C., (hereafter Gardenhire) filed a petition for a writ of mandate directing the trial court to vacate its order denying her motion for summary judgment and to enter a new order granting the motion. We deny the petition.

Gardenhire filed her motion in a probate action to resolve competing claims by the beneficiaries of a living trust and the beneficiaries of a will to...

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