MICHAEL J. GERTNER, as Executor, etc., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; VW CREDIT, INC., Real Party in Interest

20 Cal. App. 4th 927 · G014290

California Court of Appeal, Fourth Appellate District · Filed November 30, 1993

Holding

The court held that the statutory period for a creditor to file a claim against an estate commences upon the proper mailing of the notice of administration to the address provided by the creditor, and a creditor’s internal mail processing delays do not constitute a lack of "actual knowledge" sufficient to justify granting a petition to file a late claim under Probate Code section 9103.

Statutes construed

CCP § 1085
CCP § 1086
PROB § 9100
PROB § 9103

Cited by (1)

DANIEL S. VENTURI, Plaintiff and Appellant, v. JERRIE L. TAYLOR as Coadministrator, etc., et al., Defendants and Appellants (1995) 35 Cal. App. 4th 16

Authorities cited (3)

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
Mannheim v. Superior Court 3 Cal.3d 678
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