Independent Bankers Trust Co. v. Superior Court

Opinion

GRODIN, P. J.

On September 30, 1980, Independent Bankers Trust Company (petitioner) was discharged as executor of the estate of John F. Erlwein, M.D. Over 15 months later, on January 12, 1982, it was served, as executor, with summons and complaint in an action for malpractice which real parties in interest had filed in January 1979 during the pendency of the probate proceedings. American Mutual Liability Insurance Company, the liability insurance carrier for Dr. Erlwein, moved to quash service of the summons and complaint on the ground that petitioner could not properly be served as…