Legal Opinion

Eken v. Bosworth

California Court of Appeal

Decided July 29, 1977No. Civ. 49083PublishedCited by 6 opinions

1Opinion of the Court

Opinion

STEPHENS, J.

Plaintiff-respondent Heide Eken and defendant-appellant Charles Roderick Bosworth were in an automobile accident which resulted in the death of Bosworth and injuries to Eken. On December 29, 1971, Eken sued Bosworth’s estate (case No. WEC 24100). Eken had theretofore filed no claim in this estate, although her action WEC 24100 was filed within the authorized period from notice to creditors.

The Probate Code was amended effective March 4, 1972, to include a remedy available to persons who have been injured by a decedent and for which insurance proceeds were available (Prob.…

2Cases cited7 opinions

  1. Mudd v. McColganCalifornia Supreme Court · 1947
  2. Javorek v. Superior CourtCalifornia Supreme Court · 1976
  3. Simpson v. Superior CourtCalifornia Court of Appeal · 1945
  4. Swamp Land District No. 307 v. GlideCalifornia Supreme Court · 1896
  5. Weldon v. RogersCalifornia Supreme Court · 1907

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3Cited by6 opinions

  1. Bartman v. Estate of BartmanCalifornia Court of Appeal · 1978
  2. Smith v. Interinsurance ExchangeCalifornia Court of Appeal · 1985
  3. Essex Cty. Welfare Div. v. SimonNew Jersey Superior Court Appellate Division · 1981
  4. Romo v. Estate of BennettCalifornia Court of Appeal · 1979
  5. Von Gibson v. Estate of LynchCalifornia Court of Appeal · 1988

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