Bradley v. Breen

Opinion

STRANKMAN, P. J.

With limited exceptions, the statute of limitations in Code of Civil Procedure section 366.2 (hereafter section 366.2) governs causes of action against a decedent that existed at the time of death, “whether accrued or not accrued.” We conclude in this appeal that section 366.2 barred a cross-complaint against a decedent’s estate for equitable indemnity, despite the ordinary rule that an indemnity action does not accrue for statute of limitations purposes until a tort defendant pays a judgment or settlement for which that defendant is entitled to indemnity.

Factual and…