BORBA FARMS, INC., et al., Plaintiffs, v. VAUN D. ACHESON, Defendant and Appellant, CAROL K. KLAWA, Individually and as Personal Representative, etc., Defendant and Respondent

Holding

The court held that a judgment debtor’s claim for contribution against a co-obligor’s estate arises not from the original contractual obligation but from a new right created by equity upon payment of the judgment, and thus is not a “claim arising upon contract” that must be presented to the estate within the statutory creditor claim period.