Civil Procedure
May 22, 2025
Demurrers on deadline: Goebner clarifies procedural timing in probate litigation
The Court of Appeal's decision in Goebner v. Superior Court clarifies that objections in probate proceedings--including demurrers--are governed by Probate Code § 1043 rather than the 30-day deadline in the Code of Civil Procedure.
Scott E. Rahn
Founding Partner
RMO LLP
901 Bringham Ave
Los Angeles , CA 90049
Phone: (424) 320-9440
Email: rahns@rmolawyers.com
University of San Diego SOL; San Diego CA
Scott represents beneficiaries, professional and corporate fiduciaries in contested probate and trust estate litigation and conservatorship litigation matters and related estate administration issues.
Sean D. Muntz
Managing Partner
RMO LLP
Email: muntzs@rmolawyers.com
USC Law School; Los Angeles CA
With offices throughout California and Texas, RMO LLP is laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Visit www.RMOLawyers.com to learn more.
Procedural questions about when, how, and even what objections must be raised in probate cases have long existed in a murky intersection between the Probate Code and the Code of Civil Procedure. The recent decision in Goebner v. Superior Court, Cal. Ct. App. 1st Dist., Div. Three, Case No. A171241 (Apr. 30, 2025), certified for publication, delivers clarity. The Court of Appeal held that objections in probate, including demurrers, are...
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