Legal Opinion
Maxwell-Jolly v. Martin
California Court of Appeal
Decided August 11, 2011No. A128711PublishedCited by 6 opinions
1Opinion of the Court
Opinion
RICHMAN, J.
This case presents one purely legal question: which statute of limitations applies when a person who received health care services funded by Medi-Cal during her or his lifetime dies with assets held in trust, and the State Department of Health Care Services (DHCS) seeks to recover the Medi-Cal payments from the trustee and distributees of the trust. Appellants, the trustee and distributees of the trust, contend that the one-year statute of limitations in Code of Civil Procedure section 366.3 applies,1 as it governs claims that arise “from a promise or agreement with a…
2Cases cited10 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Kizer v. HannaCalifornia Supreme Court · 1989
- Ferraro v. CamarlinghiCalifornia Court of Appeal · 2008
- Belshe v. HopeCalifornia Court of Appeal · 1995
- Embree v. EmbreeCalifornia Court of Appeal · 2004
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3Cited by6 opinions
- In the Matter of the Estate of Fe Perez Abad, In the Matter of the Estate of Sandra Lee BoatnerAlaska Supreme Court · 2023
- Allen St. Julien v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2017
- Estate of Belmont CA2/1California Court of Appeal · 2013
- Gonzalez v. City Nat'l Bank, California Court of Appeal, 5th District2019
- Riverside County Public Guardian v. SnukstCalifornia Court of Appeal · 2022
1 more not listed; retrieve them via the Exa API.