Failure to File a Notice of Rejection In California

In Lobrovich v. Georgison (1956) 144 Cal. App. 2d 567, 301 P.2d 460 the court concluded that an executrix's failure to file a notice of rejection with the county clerk as required by former section 710 did not extend (or toll) the three months in which the creditor was required to file an action after being notified in writing of the rejection. (Lobrovich v. Georgison, supra, 144 Cal. App. 2d at pp. 570-571.) The court noted the limitation period was in a separate section and specified the period began on the date of written notice of rejection to claimant.