HIStory
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Obviously this is just a short summary of what happened in court, but I hope the Estate also pointed out the fallacy in this argument:
Like I said this argument is a total misinterpretation of Probate Code 9103 which by definition states that the 60 days period STARTS when the Plaintiff says he "fully comprehended what happened" (says he realized he was abused and the resulting injury etc.), so the argument that he could not file within those 60 days because he did not "fully comprehended what happened" does not even make sense. He says he realized abuse/injury in May 2013. So he cannot claim he did not file within 60 days (which would be until July 2013) because he did not realize abuse/injury. Their argument simply does not make any logical sense.
Safechuck’s attorneys maintain he did not fully comprehend what happened until he obtained therapy and that therefore he is not bound by the 60-day statute.
Like I said this argument is a total misinterpretation of Probate Code 9103 which by definition states that the 60 days period STARTS when the Plaintiff says he "fully comprehended what happened" (says he realized he was abused and the resulting injury etc.), so the argument that he could not file within those 60 days because he did not "fully comprehended what happened" does not even make sense. He says he realized abuse/injury in May 2013. So he cannot claim he did not file within 60 days (which would be until July 2013) because he did not realize abuse/injury. Their argument simply does not make any logical sense.