Santa Ana Medical Clinic v. First National Bank

The Orange County Superior Court ordered the filing of Santa Ana Medical Clinic’s amended creditor’s claim in Estate of Clara Edith Vose.

The executor, First National Bank of Orange County, first published notice to creditors on December 12, 1967. Three weeks later, on January 2, 1968, the clinic presented a bill to the executor’s attorneys for $7,500 for total medical services provided Mrs. Vose. The bill did not show the nature of services or when they were performed. It stated services requiring extensive visits and time were rendered Mrs. Vose while she was in a hospital and convalescent home.

The bill was not supported by an affidavit stating the amount was justly due, no payments had been made which were not credited, and *456 there were no offsets to the sum owing, to the affiant’s knowledge (Prob. Code, § 705). In other words, the bill lacked verification.

The six-month period for the filing of creditor’s claims ended June 12, 1968 (Prob. Code, § 700). A month later, on July 12, the Clinic mailed a properly verified creditor’s claim to the executor’s attorneys, which the executor rejected August 6 as late.

The clinic then noticed a motion under Code of Civil…