Shewry

Shewry v. BEGIL

Good Law
128 Cal. App. 4th 639·27 Cal. Rptr. 3d 209
Court of Appeal of CaliforniaMay 4, 2005E035882California2,508 words

Opinion

Opinion

Hollenhorst, J.

Defendant Albert J. Begil (Begil) appeals from an adverse judgment in a recovery action brought by the Department of Health Services (DHS) seeking reimbursement for Medi-Cal benefits provided to his mother, Juanita Begil (Juanita), while she was a resident at a skilled nursing facility. Begil contends that the trial court erred in (1) applying the three-year statute of limitations under Code of Civil Procedure section 338, subdivision (a) rather than the one-year statute of limitations under Code of Civil Procedure section 366.2; (2) finding that the statute of limitations began to run with DHS’s receipt of notice under Probate Code section 215; (3) awarding prejudgment interest to DHS; (4) failing to find that the action was barred by laches; and (5) refusing to reopen the proceedings to allow him to present evidence that DHS had actual knowledge that Juanita did not have a surviving spouse. We find no error, and we affirm.

FACTS AND PROCEDURAL BACKGROUND

On December 19, 2002, Diana M. Bontá, as then director of the DHS, filed a complaint against Begil to enforce and collect money due on Medi-Cal creditor’s claim. The complaint alleged that DHS was entitled to…

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