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
151 Cal. App. 4th 867 · A114787
California Court of Appeal, First Appellate District · Filed
Holding
The court held that the one-year statute of limitations under Code of Civil Procedure section 366.2, which governs actions on a decedent’s personal liabilities, does not apply to a petition filed under Probate Code section 850 to establish a resulting trust, as such an action does not implicate the personal liability of the decedent and no cause of action had accrued at the time of death.
Statutes construed
- CCP § 22
- CCP § 343
- CCP § 366.2
- PROB § 850
- PROB § 9000
- PROB § 9350
- PROB § 9392
- PROB § 9860
Cited by (10)
- CLAIRE G. WAGNER, as Trustee, etc., Plaintiff and Appellant, v. KENT FRANK WAGNER, Defendant and Respondent (2008) 162 Cal. App. 4th 249
- CLAIRE G. WAGNER, as Trustee, etc., Plaintiff and Appellant, v. KENT FRANK WAGNER, Defendant and Respondent (2008) 162 Cal. App. 4th 249
- DIANE LOKEY FARB, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RITA FARB et al., Real Parties in Interest (2009) 174 Cal. App. 4th 678
- DIANE LOKEY FARB, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RITA FARB et al., Real Parties in Interest (2009) 174 Cal. App. 4th 678
- 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
- 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
- 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
- RICHARD ALLEN, Plaintiff and Appellant, v. EDITH MARLYNNE STODDARD, as Administrator, etc., Defendant and Respondent (2013) 212 Cal. App. 4th 807
- RICHARD ALLEN, Plaintiff and Appellant, v. EDITH MARLYNNE STODDARD, as Administrator, etc., Defendant and Respondent (2013) 212 Cal. App. 4th 807
Authorities cited (5)
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent 5 Cal.App.4th 1173
- 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
- In re MERRICK V. et al., Persons Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. ALICE E., Defendant and Appellant 122 Cal.App.4th 235
- DEREK LEVINE et al., Plaintiffs and Appellants, v. KAREN LEVINE, Individually and as Trustee, etc., Defendant and Respondent 102 Cal.App.4th 1256
- Bainbridge v. Stoner 16 Cal.2d 423