- 7 - domiciled in California, unless it is the separate property of the husband or the wife.2 Neither party in this case presented information to indicate that any of the property of Mr. McBroom was his separate property, rather than community property, or that Mr. McBroom has heirs at law whose interests may be affected by our decision in this case. Under State law, all of Mr. McBroom's property passed upon his death to petitioner as his surviving spouse. Consequently, we are not presented with the problem faced in Nordstrom v. Commissioner, supra. Based on the foregoing, and because there is no one willing or able to prosecute this case on behalf of Mr. McBroom, we grant respondent's motion to dismiss for lack of prosecution as supplemented. Summary Judgment In the Motion for Summary Judgment, respondent contends that all of the facts necessary for our decision are set forth in respondent's first request for admissions, filed July 5, 1994. Respondent notes that petitioner did not respond to respondent's first request for admissions, and, thus, pursuant to Rule 90(c), each matter set forth therein was automatically deemed admitted 30 days after service of the request. Morrison v. Commissioner, 2 Cal. Prob. Code sec. 5110 (West 1991). On Jan. 1, 1994, this section was repealed, along with other sections of the Civil Code and sections of the Code of Civil Procedure, Evidence Code, and Probate Code. The repealed provisions were then incorporated into the new California Family Code. See Cal. Fam. Code sec. 760 (West 1994).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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