Appellants sought review of the order of the Superior Court of Los Angeles County (California), which granted respondent estate executrix’ motion for summary judgment in appellants’ action for breach of contract.

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Overview

Appellants entered into oral agreements to sell real estate over a period of 14 months, for which appellants were to receive commissions and reimbursement of expenses; the agreements would later be put in writing. Decedent later informed appellants that he would not honor any of the agreements. Decedent died three months later; appellants filed a claim against his estate five months after the announced breach, which respondent estate executrix rejected. Appellants brought an action against the estate, and the trial court granted summary judgment in favor of respondent. The court affirmed the judgment, rejecting appellants’ contention that the breach was anticipatory, and holding that the claim became due when decedent repudiated the contract. Furthermore, even if the breach had been anticipatory, providing appellants the right of election to sue or wait until performance was due, they had made their election when they asserted their claim in probate. Pursuant to Cal. Prob. Code § 714, appellants had three months after respondent rejected their claim to bring their claim in court; therefore, the action brought five months after respondent’s rejection was untimely.

Outcome

Summary judgment in favor of respondent estate executrix was affirmed. Appellants claim against decedent became due when decedent repudiated their oral contract. Therefore, appellants had three months after respondent rejected their claim against the estate in which to bring an action in the trial court. Appellants had brought the action five months after their claim was rejected, and therefore the action was time-barred.