What is the test for a claim against the personal representative of a deceased person for equitable indemnity?

California, United States of America


The following excerpt is from Dobler v. Arluk Med. Center Indus Group, 107 Cal.Rptr.2d 478, 89 Cal.App.4th 530 (Cal. App. 2001):

12.Section 9253 ["A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge."]; see also, Bradley v. Breen (1999) 73 Cal.App.4th 798, 804 [Code of Civil Procedure section 366.2 barred the appellants' action for equitable indemnity although their cause of action had not even accrued until long after the one-year statute of limitations had run].

12.Section 9253 ["A claim barred by the statute of limitations may not be allowed by the personal representative or approved by the court or judge."]; see also, Bradley v. Breen (1999) 73 Cal.App.4th 798, 804 [Code of Civil Procedure section 366.2 barred the appellants' action for equitable indemnity although their cause of action had not even accrued until long after the one-year statute of limitations had run].

13.Section 9351 ["An action may not be commenced against a decedent's personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part."]; Heywood v. Municipal Court (1988) 198 Cal.App.3d 1438, 1444, fn. 2 [filing a lawsuit does not satisfy the statutory requirement of filing a timely claim against the decedent's estate even though filing suit may give notice of the amount and nature of the claim].

13.Section 9351 ["An action may not be commenced against a decedent's personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part."]; Heywood v. Municipal Court (1988) 198 Cal.App.3d 1438, 1444, fn. 2 [filing a lawsuit does not satisfy the statutory requirement of filing a timely claim against the decedent's estate even though filing suit may give notice of the amount and nature of the claim].

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