Shewry
Shewry v. BEGIL
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…