GILBERT JOHN ANDERSON, JR., as Trustee, etc., Plaintiff and Appellant, v. NOLAN ANDERSON, as Executor, etc., Defendant and Respondent
41 Cal. App. 4th 135 · B084949
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that the three-month period provided by Probate Code section 9353 to file suit on a rejected creditor’s claim is an absolute, independent statute of limitations that governs even when it provides a longer period to sue than the otherwise applicable general statute of limitations.
Statutes construed
- CCP § 353
- PROB § 9250
- PROB § 9352
- PROB § 9353
Cited by (3)
- STUART E. DAWES, as Cotrustee, etc., et al., Plaintiffs and Respondents, v. IRVING J. RICH et al., Defendants and Appellants; IRVING J. RICH et al., Plaintiffs and Appellants, v. STUART E. DAWES, as Cotrustee, etc., et al., Defendants and Respondents (1997) 60 Cal. App. 2d 24
- MARION Z. BRADLEY et al., Cross-complainants and Appellants, v. MOIRA BREEN, as Personal Representative, etc., et al., Cross-defendants and Respondents (1999) 73 Cal. App. 4th 798
- 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 (2)
- Zapata v. Meyers 41 Cal.App.3d 268
- Barclay v. Blackinton 127 Cal. 189