California § 2505. 2505. (Amended by Stats. 2014, Ch. 553, Sec. 25.)

California Statutes

§ 2505. — 2505. (Amended by Stats. 2014, Ch. 553, Sec. 25.)

California·Code PROB Probate Code - PROB·Div. 4. DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS·Part 4. PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP·Ch. 6. CHAPTER 6. Powers and Duties of Guardian or Conservator of the Estate·Art. 5. ARTICLE 5. Compromise of Claims and Actions; Extension, Renewal, or Modification of Obligations

(a)Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the action or proceeding is pending.

(b)Where the claim or matter is not the subject of a pending action or proceeding, the court approval required by this article shall be obtained from one of the following:

(1)The court in which the guardianship or conservatorship proceeding is pending.

(2)The superior court of the county where the ward or conservatee or guardian or conservator resides at the time the petition for approval is filed.

(3)The superior court of any county where a suit on the claim or matter properly could be brought.

(c)Where the claim or matter is the subject of a pending

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(a)
Subject to subdivision (c), where the claim or matter is the subject of a pending action or proceeding, the court approval required by this article shall be obtained from the court in which the action or proceeding is pending.
(b)
Where the claim or matter is not the subject of a pending action or proceeding, the court approval required by this article shall be obtained from one of the following:
(1)
The court in which the guardianship or conservatorship proceeding is pending.
(2)
The superior court of the county where the ward or conservatee or
guardian or conservator resides at the time the petition for approval is filed.
(3)
The superior court of any county where a suit on the claim or matter properly could be brought.
(c)
Where the claim or matter is the subject of a pending action or proceeding that is not brought in a court of this state, court approval required by this article shall be obtained from either of the following:
(1)
The court in which the action or proceeding is pending.
(2)
The court in which the guardianship or conservatorship proceeding is pending.
(d)
(1)
Subdivisions (a), (b), and (c) do not apply to a conservatorship that is registered in this state pursuant to Article 4 (commencing
with Section 2011) of Chapter 8 of Part 3.
(2)
Except as provided in paragraph (3), when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, the court approval required by this article shall be obtained in accordance with Section 2016.
(3)
Notwithstanding Section 2016, when a conservatorship is registered in this state pursuant to Article 4 (commencing with Section 2011) of Chapter 8 of Part 3, and the claim or matter in question is the subject of a pending action or proceeding that is not brought in a court of this state, the court approval required by this article may be obtained from the court in which the action or proceeding is pending.

California § 2505. (2505. (Amended by Stats. 2014, Ch. 553, Sec. 25.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Stats. 2014, Ch. 553, Sec. 25. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.

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