Legal Opinion
Merrill v. Finberg
California Court of Appeal
Decided March 30, 1992No. D014475PublishedCited by 4 opinions
1Opinion of the Court
Opinion
FROEHLICH, J.
Appellants Ken Merrill et al. (hereinafter referred to as claimants) appeal from a judgment dismissing their action after the trial court sustained a general demurrer to their first amended complaint without leave to amend. The trial court ruled the complaint was barred by the statute of limitations under Probate Code 2 section 9353, subdivision (a), because claimants failed to file their complaint within three months after the estate rejected their creditor’s claim.
On appeal, claimants contend: (1) the “notice of rejection” was ineffective because it was improperly…
2Cases cited3 opinions
- Air Quality Products, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1979
- Pacific Gas and Electric Co. v. State Board of EqualizationCalifornia Court of Appeal · 1955
- Fifield v. BullwinkelCalifornia Court of Appeal · 1927
3Cited by4 opinions
- American & Foreign Ins. Co. v. DimsonDistrict Court of Appeal of Florida · 1994
- Schwartz v. SchwartzCalifornia Court of Appeal · 2008
- Goebner v. Super. Ct.California Court of Appeal · 2025
- In re Ed. CA4/1California Court of Appeal · 2021