Goebner v. Super. Ct.
The court held that, in probate proceedings, the filing deadline for a demurrer is governed by Probate Code § 1043-not the 30-day civil-procedure rule of CCP § 430.40-so a demurrer filed "at or before the hearing" is timely and the.
Date Filed: April 30, 2025
Case Name: Goebner v. Super. Ct.
Case Number: A171241
Court: California Court of Appeal, First Appellate District, Division Three
(‘The court decides that, in a probate proceeding, the deadline for filing a demurrer is set by Probate Code §\u202f1043—not by the civil‑procedure rule that requires a demurrer within 30\u202fdays of service under CCP §\u202f430.40. Accordingly, a demurrer filed “at or before the hearing” is timely, and the trial court’s order striking Goebner’s demurrer as untimely is vacated. This holding resolves a split among California courts and establishes that probate‑specific timing rules control objections, providing uniform guidance for pleadings in trust and estate litigation.’, ‘86f147d8’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.