MARION Z. BRADLEY et al., Cross-complainants and Appellants, v. MOIRA BREEN, as Personal Representative, etc., et al., Cross-defendants and Respondents
73 Cal. App. 4th 798 · A084404
California Court of Appeal, First Appellate District · Filed
Holding
The court held that Code of Civil Procedure section 366.2 operates as an absolute one-year statute of limitations for all claims against a decedent’s estate, including those for equitable indemnity, and that this statutory bar applies irrespective of whether the indemnity claim had accrued under traditional tort principles at the time of the decedent's death.
Statutes construed
- CCP § 337.15
- CCP § 366.2
- PROB § 550
- PROB § 551
- PROB § 552
- PROB § 553
- PROB § 554
- PROB § 555
- PROB § 9000
- PROB § 9352
- PROB § 9391
- PROB § 9392
Cited by (7)
- Estate of LEONA W. YOOL, Deceased. JOSEPH M. STARITA, as Special Administrator, etc., et al., Petitioners and Respondents, v. BART YOOL et al., Objectors and Appellants (2007) 151 Cal. App. 4th 867
- CLAIRE G. WAGNER, as Trustee, etc., Plaintiff and Appellant, v. KENT FRANK WAGNER, Defendant and Respondent (2008) 162 Cal. App. 4th 249
- HERBERT W. STOLTENBERG, as Trustee, etc., et al., Plaintiffs and Appellants, v. ANNE P. NEWMAN, as Trustee, etc., et al., Defendants and Respondents (2009) 179 Cal. App. 4th 287
- 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
- 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
- MARK S. NOVAK, Plaintiff and Appellant, v. MICHAEL FAY, as Trustee, etc., Defendant and Respondent (2015) 236 Cal. App. 4th 329
- 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 (5)
- CRAIG BATTUELLO, Plaintiff and Appellant, v. ELLEN BATTUELLO, Individually and as Trustee, etc., et al., Defendants and Respondents 64 Cal.App.4th 842
- GILBERT JOHN ANDERSON, JR., as Trustee, etc., Plaintiff and Appellant, v. NOLAN ANDERSON, as Executor, etc., Defendant and Respondent 41 Cal.App.4th 135
- GORGONIA ALVAREZ BURGOS, Plaintiff and Appellant, v. KAREN TAMULONIS, as Personal Representative, etc., Defendant and Respondent 28 Cal.App.4th 757
- INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Plaintiff and Appellant, v. DEVENDRA SINGH NARULA, as Personal Representative, etc., Defendant and Respondent; Estate of MANJIT SINGH Deceased. DEVENDRA SINGH NARULA, as Personal Representative, etc., Petitioner and Respondent, v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Objector and Appellant 33 Cal.App.4th 1140
- JAMES EDWARD CLARK, JR., Plaintiff and Appellant, v. MYRNA KERBY, as Personal Representative, etc., Defendant and Respondent 4 Cal.App.4th 1505