RAYMOND NUNEZ, as Administrator, etc., Petitioner, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; AARON HOWELL et al., Minors, etc., Real Parties in Interest
143 Cal. App. 3d 476 · 21941
California Court of Appeal · Filed
Published · citable
Cites 5
Holding
The court held that a wrongful death claim arising after the decedent's death constitutes a "claim for damages" under Probate Code section 707 and must be filed with the estate as a prerequisite to maintaining litigation, rejecting the contrary holding of *Pitzer v. Smith* as wrongly decided.
Statutes construed
- CCP § 181
- CCP § 377
- PROB § 573
- PROB § 707
Authorities cited (5)
- Eustace v. Jahns 38 Cal. 3
- ELMER SWANSON, Respondent, v. JESSICA SIEM, as Administratrix, etc., et al., Appellants 124 Cal.App. 519
- Miller & Lux, Inc. v. Katz 10 Cal.App. 576
- Halbert v. Berlinger 127 Cal.App.2d 6
- HELEN HURLIMANN et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Executor, etc., et al., Respondents 141 Cal.App.2d 801