An action may not be commenced against a decedent’s personal representative on a cause of action against the decedent unless a claim is first filed as provided in this part and the claim is rejected in whole or in part.
Cal. Prob. Code § 9351
Claim Where No Pending Action or Proceeding
Applied in 3 court decisions — leading case Van Ort v. Estate of Stanewich (1996)
Most recently applied in 570 F. Supp. 2d 1183 - Pelayo v. City of Downey (July 2008)
Enacted by Stats. 1990, Ch. 79.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.