Department of Social Welfare of State of California v. Stauffer
56 Cal. App. 2d 699 ·
California Court of Appeal · Filed
Published · citable
Cited by 2
Holding
The court held that a statutory penalty claim brought by the Department of Social Welfare under the Old Age Security Law is not a contractual obligation subject to the Probate Code's six-month creditors' claim filing deadline, but is instead governed by the one-year statute of limitations for statutory penalties, which begins to run upon the qualification of the estate's administrator.
Statutes construed
- CCP § 340
- PROB § 700
- PROB § 707
Cited by (2)
- COUNTY OF SANTA CLARA, Respondent, v. PETE ROBBIANO, as Executor, etc., Appellant (1960) 180 Cal. App. 2d 845
- DEPARTMENT OF MENTAL HYGIENE, Respondent, v. JOHN W. ROSSE, as Executor, etc., Appellant (1960) 187 Cal. App. 2d 283