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ALLEN v. STODDARD

No. G046460.

212 Cal.App.4th 807 (2013)

152 Cal. Rptr. 3d 71

RICHARD ALLEN, Plaintiff and Appellant, v. EDITH MARLYNNE STODDARD, as Administrator, etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

January 9, 2013.

Attorney(s) appearing for the Case

Law Offices of Joel J. Loquvam & Associates and Joel J. Loquvam for Plaintiff and Appellant.

Millar, Hodges & Bemis, Larry R. Bemis and Stephen R. Bemis for Defendant and Respondent.

OPINION

BEDSWORTH, J. —

This case of first impression requires us to directly confront the issue of whether Probate Code section 9353 irreconcilably conflicts with Code of Civil Procedure section 366.3.1 We determine they do conflict on the very narrow point of how much time a claimant against an estate has to file suit based on a promise to make a distribution from the

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