Specific Statutes Take Precedence Over Older And More General Statutes.

Plaintiff filed suit for breach of contract to make a will 91 days after rejection by the estate of his claim but within a year of the decedent’s death.  The administrator of the estate is the defendant, and her demurrer was sustained without leave to amend after the trial court found plaintiff’s suit was time barred.  The appellate court reversed, stating:  “Probate Code [section] 9353 gives claimants 90 days from rejection of the claim by the estate to file suit; section 366.3 gives them a year from decedent’s death to file suit. Under the longstanding rule of construction that newer and more specific statutes take precedence over older and more general statutes, we conclude it is section 366.3’s time limit that controls.”  Allen v. Stoddard  (Cal. App. Fourth Dist., Div. 3; January 9, 2013) (As Mod., February 1, 2013) 212 Cal.App.4th 807.