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SATTERFIELD v. GARMIRE

Docket No. L.A. 29053.

65 Cal.2d 638 (1967)

422 P.2d 990

56 Cal. Rptr. 102

DAVID L. SATTERFIELD et al., Plaintiffs and Appellants, v. ALBERT F. GARMIRE, as Executor, etc., Defendant and Respondent.

Supreme Court of California. In Bank.

January 31, 1967.

Attorney(s) appearing for the Case

McInnis, Focht & Fitzgerald and William T. Fitzgerald for Plaintiffs and Appellants.

Gray, Cary, Ames & Frye, C.M. Monroe, Gerald R. Schmelzer and Eugene L. Freeland for Defendant and Respondent.

MOSK, J.

Plaintiffs appeal from a judgment of dismissal entered after a general demurrer had been sustained to their amended complaint seeking damages for wrongful death and personal injuries from defendant in his capacity as executor of the estate of Robert P. Garmire, the alleged tortfeasor. Our task is to determine whether the action is barred by Probate Code section 707, which provides that such claims must be presented to the estate within six months after the...

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