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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“Death of the prospective plaintiff or defendant before the filing of a complaint and death of the plaintiff or defendant in an ongoing action may preclude the prosecution of the entire action or of certain claims in the action depending on the character of the claims or the identity of the decedent. Even in instances in which the cause of action survives, the personal representative of the decedent must be substituted in place of the decedent so that the action may continue. Moreover, death affects applicable statute of limitations periods and imposes deadlines and obligations on those who seek to recover from the estate of the decedent.”

[California Affirmative Defenses [certain citations omitted]]

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Post Author: lawofficesofjamesrdickinson