Est. of Gaona v. Salinas

Case No.: 20CV01151    

Nature of Proceedings: Motion: for Order Authorizing Depositions

Appearance required.

The court gives notice of its intention (Code Civ. Proc. § 436.) to strike the allegations making the “Estate of Javier Garcia Gaona, Jr.” a party to this complaint on the basis that an estate cannot act without appointment of a personal representative. A probate or trust estate is not a legal entity; it is simply a collection of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 496.)

Moreover, assuming the complaint is brought by plaintiffs as decedent’s successors in interest, they must comply with the declaration requirements in Code of Civil Procedure section 377.32.

As of October 20, 2020, t........