KEN MERRILL et al., Plaintiffs and Appellants, v. TAMAR FINBERG, as Executor, etc., et al., Defendants and Respondents

4 Cal. App. 4th 1443 · D014475

California Court of Appeal, Fourth Appellate District · Filed March 30, 1992

Published · citable Cited by 1

Holding

The court held that a notice of rejection of a creditor’s claim mailed directly to the creditor, rather than to their attorney of record, was valid and commenced the running of the three-month statute of limitations under Probate Code section 9353, subdivision (a), and that the complaint failed to allege sufficient facts to support an estoppel against the estate from asserting the limitations defense.

Statutes construed

CCP § 1015
PROB § 1000
PROB § 9353

Cited by (1)

ROBERT SCHWARTZ, Plaintiff and Appellant, v. NICOLETTE SCHWARTZ, as Trustee, etc., Defendant and Respondent (2008) 167 Cal. App. 4th 733