Does section 21356 of the California Code of Civil Procedure contain any ambiguous or unclear language that governs a challenge to a transfer made by means other than a will?

California, United States of America


The following excerpt is from EState of Grant William HASTIE v. Florez, 112 Cal.Rptr.3d 664, 186 Cal.App.4th 1285 (Cal. App. 2010):

We disagree with appellant's argument for a number of reasons. Beginning with the statutory language, which is generally the most reliable indication of legislative intent ( Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201, 211, 64 Cal.Rptr.3d 210, 164 P.3d 630), we find nothing ambiguous or unclear in the language of subdivision (b) of section 21356. This section governs a challenge to a transfer made by means other than a will, such as a trust or the deeds involved herein. It provides a three-year limitations period. The three-year period starts to run either from the date the transfer becomes irrevocable or from the date the person bringing the action learns, or should have learned, of the material facts. Importantly, the section provides that the three-year period runs from the later of these

[186 Cal.App.4th 1295]

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