ESTATE OF STARKWEATHER

Nos. A078754, A078996.

75 Cal.Rptr.2d 766 (1998)

64 Cal.App.4th 580

ESTATE OF Louella STARKWEATHER, Deceased. S. Kimberly BELSHÉ, as Director, etc., Petitioner and Respondent, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Objector and Appellant. S. Kimberly BELSHÉ, as Director, etc. Plaintiff and Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

June 5, 1998.


Attorney(s) appearing for the Case

Arthur A. Park, Lisa R. McLean, Ottenweller, Solan & Park, LLP, San Francisco, for United States Fidelity and Guaranty Company.

Daniel E. Lungren, Attorney General, Charlton G. Holland, III, Senior Assistant Attorney General, for Kimberly Belshe, Director, Department of Health Services.


KLINE, Presiding Justice.

The appeals in these consolidated cases present the question of what remedy is available to the Director of the Department of Health Services (Department) when the personal representative of a decedent's estate falsely represents to the probate court that the decedent did not receive Medi-Cal benefits and notice to the Department is not required, thereby depriving the Department of its opportunity to file a claim against the estate. The Department...

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