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Are You Currently a Party to Any Lawsuit Pending in Court  Form

Are You Currently a Party to Any Lawsuit Pending in Court Form

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Hi, I m Verlan Kwan, a Partner at Keystone Law Group, a Los Angeles probate firm. In todays video, I m going to discuss what to do if a party to a lawsuit dies during litigation. Because different sections of the CCP govern what to do when a plaintiff dies during litigation versus when a defendant dies during litigation, an important first step is to determine whether the decedent was a plaintiff or a defendant. If the decedent was a plaintiff, sections 377.30 to 377.35 of the CCP govern. If the decedent was a defendant, sections 377.40 to 377.43 apply. Links to these statutes can be found in our posts listed in the description below. If the decedent was a plaintiff, the next step is to determine whether the claim in question survives death. Examples of claims that survive death include creditor's claims, elder abuse claims, and actions for recovery of property that belonged to the decedent. As long as the cause of action remains, and the claim is for or against someone, a clai

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