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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