Ruling by
Robert L. DonderoLower Court
San Francisco County Superior CourtThe litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation
Court
California Courts of Appeal 1DCA/1Cite as
2018 DJDAR 2882Published
Mar. 29, 2018Filing Date
Mar. 28, 2018Opinion Type
ModificationDisposition Type
Affirmed
NORMAN BARTSCH HERTERICH,
Plaintiff and Appellant,
v.
ARNDT PELTNER et al.,
Defendants and Respondents.
No. A147554
(San Francisco County
Super. Ct. No. CGC-12-523942)
California Courts of Appeal
First Appellate District
Division One
Filed March 28, 2018
ORDER MODIFYING OPINION AND DENYING REHEARING
[NO CHANGE IN JUDGMENT
BY THE COURT:
It is ordered that the published opinion filed herein on March 1, 2018, be modified as follows:
The second sentence of the first full paragraph on page 16 should be modified to read as follows: "He claims defendants committed extrinsic fraud by not timely serving him with notice of the probate petition and depriving him of a fair hearing on that petition."
This modification does not change the judgment.
The petition for rehearing is denied.
Dated: Dondero, J.
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