Bradley

With limited exceptions, the statute of limitations in Code of Civil Procedure section 366.2 (hereafter section 366.2) governs causes of action against a decedent that existed at the time of death, “whether accrued or not accrued.” We conclude in this appeal that section 366.2 barred a cross-complaint against a decedent’s estate for equitable indemnity, despite the ordinary rule that an indemnity action does not accrue for statute of limitations purposes until a tort defendant pays a judgment or settlement for which that defendant is entitled to indemnity.

Factual and Procedural Background

The essential facts are uncomplicated and undisputed. In June 1990, Walter Breen entered a guilty plea in a case involving a charge of lewd acts with a minor. Sometime during that same year, Kenneth S., then a minor, filed a civil action against Breen, alleging sexual molestation. In April 1993, Breen died in prison. In July 1993, an order for probate was filed, naming Moira Breen and Patrick Breen personal representatives of Breen’s estate.

Almost four years after Breen’s death, in January 1997, Kenneth S. filed a personal injury action against appellants Marion Z. Bradley and…