Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
Robyn Lee is not the successor-in-interest or legal personal representative of decedent’s estate: cont.
C.C.P. §377.32 requires an affidavit or declaration by decedent’s successor-in-interest in order to commence or continue decedent’s cause of action. It provides:
the person who seeks to commence an action or proceeding as the decedent’s successor-in-interest, shall execute and file an affidavit or declaration under penalty of perjury under the laws of this state stating all of the following: (1) The decedent’s name; (2) The date and place of decedent’s death; (3) No proceeding is now pending in California for administrative of the decedent’s estate; (4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest; (5) Either of the following, as appropriate, with facts in support thereof: (A) The affiant or declarant is the decedent’s successor-in-interest, and succeeds to the decedent’s interest in the action or proceeding; or (B) The affiant or declarant is authorized to act on behalf of the decedent’s successor-in-interest with respect to decedent’s interest in the action or proceeding;
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
(6) No other person has a superior right to commence the action or proceeding or to the substituted for the decedent in the pending action or proceeding; and (7) The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. A certified copy of the decedent’s Death Certificate shall be attached to the affidavit or declaration. (See Part 5 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.