What is the statute of limitation for a claim brought against the estate of a deceased person?

"The statute of limitation is a positive rule of law, and the courts must, when it is pleaded, be governed by it where it applies * * *.' Adams v. Hopkins, 144 Cal. 19, 28, 77 P. 712, 715. As a statute of repose it prevents the bringing of action after the period provided for, independent of the existence of prejudice to the defendant.'

It appears to be the law that the provision as to the time for filing a claim against the estate of a deceased person constitutes a statute of limitations. It also appears, as contended by appellants, that the California courts have consistently held that a demurrer which raises the defense that a statute of limitation bars the action cannot be sustained unless the facts alleged in the complaint show that the action is barred. If all that appears from the facts alleged is that the action might be barred, the defense cannot be raised by demurrer. The general rule is as stated in King v. Mortimer, 83 Cal.App.2d 153, at page 163, 188 P.2d 502, at page 508:

'In order that a complaint be vulnerable to attack by demurrer raising a specific statute of limitations, it must affirmatively appear on the face of the complaint that the whole of the cause

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And in Vassere v. Joerger, 10 Cal.2d 689, 693, 76 P.2d 656, 658, the court said: