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IN RE CONSERVATORSHIP OF KAYLE

No. B179806.

35 Cal.Rptr.3d 671 (2005)

134 Cal.App.4th 1

CONSERVATORSHIP OF the Persons of Jerry P. KAYLE and Celia S. Kayle. Stewart Kayle, Plaintiff and Appellant, v. William Remery et al., Defendants and Respondents.

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

October 19, 2005.

Attorney(s) appearing for the Case

Evan D. Marshall, Santa Monica; Law Offices of Marc B. Hankin and Marc B. Hankin and Marc B. Hankin, West Hollywood, for Plaintiff and Appellant.

No appearance for Defendants and Respondents.

ZELON, J.

Appellant Stewart Kayle is the Conservator of the persons and estates of his parents, Celia and Jerry Kayle. Seeking to pursue claims against the conservatees' caregivers and others, he filed a complaint in the probate court which was already exercising jurisdiction over the conservatorship. Without notice or a hearing, the court dismissed the complaint. That dismissal was erroneous, and we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND<...

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