Mcmackin v. Ehrheart

*131Opinion

MALLANO, P. J.

In a case of first impression, we are asked to determine whether a Marvin claim1 based on a decedent’s promise to leave her cohabitant a life estate in real property is governed by the one-year statute of limitations of Code of Civil Procedure section 366.3, and, if so, whether the doctrine of equitable estoppel can be applied to preclude assertion of section 366.3’s statute of limitations.2 We conclude that the Marvin claim here is an action to enforce a claim that arises from a promise or agreement with a decedent for distribution from an estate and, thus, is governed…