§ 9354. — 9354. (Enacted by Stats. 1990, Ch. 79.)

California § 9354.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 7.: DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS
• Part 4.: PART 4. CREDITOR CLAIMS
• Ch. 8.: CHAPTER 8. Claims in Litigation
• Art. 1.: ARTICLE 1. Claim Where No Pending Action or Proceeding

Text

(a)
In addition to any other county in which an action may be commenced, an action on the claim may be commenced in the county in which the proceeding for administration of the decedent’s estate is pending.
(b)
The plaintiff shall file a notice of the pendency of the action with the court clerk in the estate proceeding, together with proof of giving a copy of the notice to the personal representative as provided in Section 1215. Personal service of a copy of the summons and complaint on the personal representative is equivalent to the filing and giving of the notice. Any property distributed under court order, or any payment properly made, before the notice is filed and given is not subject to the claim. The personal representative, distributee, or payee is not liable on account of the prior distribution or payment.
(c)
The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees.

Legislative History

Enacted by Stats. 1990, Ch. 79.