Estate of HoldawayAnnotate this Case
Petitioner-appellant Patricia Everett filed a creditor’s claim against the estate of Richard Edison Holdaway, seeking repayment of sums she contended the decedent owed her. When filed, the claim was timely, and tolled the statute of limitations against a decedent. The decedent’s son, defendant-respondent Richard Everett Holdaway, as personal representative of the estate, rejected Everett’s claim, leading to Everett suing for payment. After five continuances on her attempts to collect, the trial court dismissed Everett’s claim for failure to prosecute. Everett filed a competing petition for probate under the previous case number as the one that had been dismissed; she contended the decedent died intestate and left all property to a family trust. Holdaway produced a will, the court appointed him personal representative, and dismissed Everett’s competing petition. Then Holdaway rejected Everett’s creditor’s claim. On appeal, Everett challenged the trial court’s order sustaining without leave to amend Holdaway’s demurrer to her complaint on the ground the claim was barred by Code of Civil Procedure section 366.2. In a matter of first impression, the Court of Appeal determined dismissal of a creditor’s petition to be appointed as representative of the estate that allegedly owed her money did not toll the statute of limitations triggered by her claim. The Court reversed and remanded the case for entry of an order sustaining the demurrer with leave to amend.