DANA VARNEY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; FRANCES ANTOLIN, as Executrix, etc., Real Party in Interest
10 Cal. App. 4th 1092 · G012658
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a limited equitable exception exists to the statutory time bar for filing a creditor's claim in probate when a beneficiary seeks a pre-filing declaration under Probate Code section 21320, and that an appellate court possesses jurisdiction to toll the expiration of the claims period to permit meaningful judicial review of a trial court's determination that such a claim would violate a will's no-contest clause.
Statutes construed
- CCP § 1086
- CCP § 1110
- CCP § 12
- CCP § 356
- CCP § 583
- CCP § 583.310
- CCP § 916
- PROB § 21320
Cited by (9)
- Estate of ANGELA MARIE PRINDLE, Deceased. EARLINE HARRIS, as Administrator, etc., Petitioner and Respondent, v. JESSICA HARRIS et al., Claimants and Respondents; TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Objector and Appellant (2009) 173 Cal. App. 4th 119
- JOHN J. DACEY, Plaintiff and Appellant, v. WILLIAM TARADAY et al., Defendants and Respondents; JOHN J. DACEY, Plaintiff and Appellant, v. WILLIAM TARADAY, as Administrator, etc., Defendant and Appellant (2011) 196 Cal. App. 4th 962
- MICHAEL J. GERTNER, as Executor, etc., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; VW CREDIT, INC., Real Party in Interest (1993) 20 Cal. App. 4th 927
- Estate of RUDY BONZI, Deceased. JAMES BONZI, as Executor, etc., et al., Petitioners and Appellants, v. THE PEOPLE ex rel. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD et al., Objectors and Respondents (2013) 216 Cal. App. 4th 1085
- MARILYN M. SMITH, Plaintiff and Respondent, v. DARREN E. ESSLINGER et al., as Trustees, etc., Defendants and Appellants (1994) 26 Cal. App. 4th 579
- DANIEL S. VENTURI, Plaintiff and Appellant, v. JERRIE L. TAYLOR as Coadministrator, etc., et al., Defendants and Appellants (1995) 35 Cal. App. 4th 16
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents (1997) 56 Cal. App. 4th 1410
- Estate of ROSE GENNETT MARTIN, Deceased. PATRICK M. MARTIN, Petitioner and Appellant, v. ALICE M. KARLEBACH, as Executor, etc., Objector and Respondent (1999) 72 Cal. App. 4th 1438
- LORE DOBLER et al., as Cotrustees, etc., Plaintiffs and Appellants, v. ARLUK MEDICAL CENTER INDUSTRIAL GROUP, INC., Defendant and Respondent (2001) 89 Cal. App. 4th 530
Authorities cited (16)
- Estate of EDGAR LAURENCE DOW, Deceased. MAXINE PATRICIA HUTCHINSON, Appellant, v. MAXINE B. DOW, Individually and as Administratrix With the Will Annexed, etc., Respondent 149 Cal.App.2d 47
- MARJORIE LUDWICKI, Plaintiff and Appellant v. BRUCE GUERIN, Individually and as Executor, etc., Defendant and Respondent 57 Cal.2d 127
- Estate of KATHERINE G. MILLER, Deceased. BURKE E. BURFORD, as Executor, etc., Petitioner and Respondent; SALLY MILLER FIELD et al., Distributees and Respondents, v. MIRIAM MILLER HARTMAN, Objector and Appellant 212 Cal.App.2d 284
- Estate of ARTHUR N. WATSON, Deceased. VIRGIL MABRY et al., Petitioners and Respondents, v. JO ANN ADAMS et al., Objectors and Appellants 177 Cal.App.3d 569
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants 160 Cal.App.3d 582
- Estate of ANGELEN KAZIAN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. ONIG KAZIAN, Claimant and Appellant 59 Cal.App.3d 797
- Estate of EUDICE L. FRIEDMAN, Deceased. JOYCE D. GRUNAUER, Petitioner and Appellant, v. DANIEL FRIEDMAN, Objector and Respondent; UNITED CALIFORNIA BANK, as Executor, etc., Respondent 100 Cal.App.3d 810
- JOHN POAG et al., as Co-trustees, etc., Plaintiffs and Appellants, v. LAURA WINSTON, Defendant and Respondent 195 Cal.App.3d 1161
- Estate of HELEN L. BASORE, Deceased. HOWARD E. BASORE, Petitioner and Respondent, v. PASADENA HOME FOR THE AGED, Claimant and Appellant; JAMES O. ROSS, as Special Administrator, etc., et al., Claimants and Respondents 19 Cal.App.3d 623
- JOSEPH SCHARLIN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JACQUELINE BROWN, Real Party in Interest 9 Cal.App.4th 162
- In the Matter of the Estate of LEON MORRISON, Deceased. ZYSLA BRUCHA GOLDBORTEN et al., Appellants, v. MAUD SCOTT, Respondent 125 Cal.App. 504
- Hays v. Bank of America National Trust & Savings Ass'n 71 Cal.App.2d 301
- Estate of MIROSLAV STURM, Deceased. HELENA STURM, as Administratrix, etc., Petitioner and Appellant, v. IRENA STURM NOVAKOVA, Objector and Respondent 201 Cal.App.3d 14
- Estate of WILLIAM RANDOLPH HEARST, Deceased; TRUSTEES OF THE WILLIAM RANDOLPH HEARST TESTAMENTARY TRUST, Petitioners and Appellants, v. LELAND LUBINSKI et al., Objectors and Respondents;LELAND LUBINSKI et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; TRUSTEES OF THE WILLIAM RANDOLPH HEARST TESTAMENTARY TRUST, Real Parties in Interest 67 Cal.App.3d 777
- Estate of SONYA WEBER, Deceased. RUTH HOLLIS, Petitioner and Respondent, v. JACK K. WEBER, Contestant and Appellant 280 Cal.Rptr. 22
- Estate of SONYA WEBER, Deceased. RUTH HOLLIS, Petitioner and Respondent, v. JACK K. WEBER, Contestant and Appellant 229 Cal.App.3d 22