The defendant appeals from an order granting leave to plaintiff to enforce a money judgment. We copy the statement of facts from appellant’s opening brief:

Appellant argues that the claim was improperly filed in the probate proceedings because permission had not theretofore been granted, and that the order appealed from is therefore error because the time for filing claims had then expired. The principles of law involved are not complicated. The judgment upon which the proceedings are founded was not barred by the statute of limitations found in section 336 of the Code of Civil Procedure. (Saunders v. Simms, 183 Cal. 167, 170 [ 190 Pac. 806 ]; Faias v. Superior Court, 133 Cal. App. 525, 529, 530 [ 24 Pac. (2d) 567 ]; Palace Hotel Co. v. Crist, 6 Cal. App. (2d) 690, 692 [ 45 Pac. (2d) 415 ].) The provisions of section 685 of that code are a “limitation upon the operation of the statute of limitations” to the extent that the court may authorize enforcement of the judgment “by the ordinary processes provided by law of a judgment otherwise barred by the statute”. (Saunders v. Simms, supra.) The statutes do not require permission of the court to file a claim against the estate upon a judgment against the testator or intestate. A claim which is not barred by the statute of limitations is not required to be rejected by the executor or administrator. Hence, since the judgment is not barred, the claimant was privileged to file his claim within the statutory period and have it approved or rejected without first resorting to the superior court for leave to file.

Appellant relies upon the quotation from 11A California Jurisprudence, page- 717, reading: “Although a suit on a judgment ordinarily is barred after the lapse of five years, nevertheless the judgment in all cases may be enforced or carried into execution after the lapse of five years by leave of the court upon motion. Under the power so conferred, a court may make an order that the judgment be enforced and carried into effect as provided by law against the estate of the deceased judgment debtor, and the judgment creditor may thereupon present such claim against the state and sue thereon if it be rejected. Such a case is an exception authorized by statute as a substitute for the execution authorized by section 685 of the Code of Civil Procedure.” She also refers to the language of Saunders v. Simms, supra, reading : " The judgment thus fortified and revived was thereupon presented as a claim against the estate of the deceased judg ment debtor.” Also to the language of Faias v. Superior Court, supra, reading: “the court may under this section grant the judgment creditor leave to enforce the judgment by the presentation of a claim against the estate and by the bringing of an action thereon if the claim is rejected.” We cannot read either of these cases as holding that a claim presented to the estate before permission to enforce the judgment is granted is a premature claim and therefore unenforceable. The point was not raised in either case and was not decided. Respondent has filed with its brief a copy of an opinion of the appellate division of the superior court in the city and county of San Francisco where the precise point was presented and determined. Upon principle and reason we are in full accord with the conclusion of that court reading: “Although the specific point presented upon this appeal does not appear to have been directly passed on by our Supreme or Appellate Courts, we find ourselves in accord with the view of the trial court that it is not material that the order permitting the enforcement of the judgment against the estate was obtained subsequent to the presentation of the claim to the administrator.”

The order is affirmed.

Sturtevant, J., and Spence, J., concurred.