Sevilla v. Estate of Wiley
In 1999, a light plane carrying four skydivers crashed, killing the pilot and three of the passengers and injuring the fourth. One year later, the survivor and successors to the estates of the deceased passengers filed suit against The Estate of Lynn Maxey Wylie [sic], Deceased for negligence. The following years saw considerable, contentious litigation, marked primarily by procedural sloppiness. Finally, in late 2005, the trial court granted a motion for summary judgment by the Estate of Wiley based on plaintiffs failure to serve the insurer as required by Probate Code section 552. Plaintiffs appeal, contending any claim of defect in service, including no service, was forfeited by the Estate of Wileys many general appearances. Court disagree with that premise. Instead, Court read the service requirement of Probate Code section 552 as simply the designation of whom is to be served, necessary because an estate is not a legal entity. This service requirement is subject to the normal rules of service of process, one of which is that a general appearance is the equivalent of personal service. (Code Civ. Proc., 410.50, subd. (a).) Since the Estate of Wiley has made a general appearance, it has forfeited any objection to service as a matter of law. It was error to grant summary judgment on the basis relied upon by the trial court and court reverse.
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