Radar v. Rogers
49 Cal. 2d 243 ·
Supreme Court of California · Filed
Published · citable
Cited by 8
Holding
The court held that an action filed against a decedent's estate using fictitious names for the yet-to-be-appointed personal representative, and later amended to name the actual administratrix after the claim was presented and rejected, substantially complied with Probate Code section 714’s requirement to "bring suit" within three months of a claim's rejection, and was therefore not barred by the statute.
Statutes construed
- CCP § 1502
- CCP § 464
- CIV § 3510
- CIV § 956
- PROB § 700
- PROB § 707
- PROB § 709
- PROB § 714
- PROB § 716
Cited by (8)
- WILLIAM D. ROGERS, Plaintiff and Appellant, v. MELVILLE HIRSCHI, as Executor, etc., Defendant and Respondent (1983) 141 Cal. App. 3d 847
- Estate of WILLIAM STEVENS HEIGHO, Deceased. ROBERT J. BIERSCHBACH, Appellant, v. BARBARA B. HEIGHO, Respondent (1960) 186 Cal. App. 2d 360
- ANN M. SHABRICK, Appellant, v. FLORENCE GENIEVE MOORE, as Executrix, etc., Respondent (1961) 195 Cal. App. 2d 56
- WILLIAM DONALD BELL et al., Plaintiffs and Appellants, v. TRI-CITY HOSPITAL DISTRICT, Defendant and Respondent (1987) 196 Cal. App. 3d 438
- SONIA VARGAS DELGADO, Plaintiff and Appellant, v. Estate of ARMANDO PEREZ ESPINOZA, Deceased, Defendant and Respondent (1988) 205 Cal. App. 3d 261
- MARJORY M. PEARSON, Individually and as Executrix, etc., Plaintiffs and Appellants, v. LALITA NORTON, Individually and as Executrix, etc., Defendants and Respondents (1964) 230 Cal. App. 2d 1
- CYNTHIA DIANE LEE, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant and Respondent (1994) 27 Cal. App. 4th 197
- GORGONIA ALVAREZ BURGOS, Plaintiff and Appellant, v. KAREN TAMULONIS, as Personal Representative, etc., Defendant and Respondent (1994) 28 Cal. App. 4th 757