Yeh v. Tai

Plaintiff filed a breach of fiduciary duty action against defendants under Family Code section 1101, seeking return of a condominium that she claims to have purchased with her deceased husband and transferred to him so that he could obtain a more favorable loan. The Court of Appeal held that the Legislature's specific treatment of the statute of limitations in section 1101, subdivision (d) governs instead of the general statute of limitations in Code of Civil Procedure sections 366.2 and 366.3. Therefore, the court reversed the trial court's decision sustaining without leave to amend defendants' demurrer so that plaintiff may pursue her cause of action arising under section 1101. View "Yeh v. Tai" on Justia Law