P0784 An action for reimbursement under the Welfare and Institutions Code brought by the Department of Health Services against the beneficiary of a decedent who received Medi-Cal benefits is subject to the three-year period of limitations for a liability created by statute; even if the Department has actual notice of the death, the period does not begin to run until the beneficiary gives notice as required by the Probate Code; the equitable doctrine of laches does not apply, since the action is at law; pre-judgment interest on damages certain is available to the Department in such an action.CitationSHEWRY v BEGIL (Medi-Cal Reimbursement) 128 CA4 639 [See: CCP 366.2, 338(a); W&IC 14009.5; ProbC 215; CivC 3287, 3281]
|
|