Yvonne Montano, Plaintiff, v. dorothy jean Paul, Defendant.
Case No.: BC714486
Hearing Date: September 18, 2019
[TENTATIVE] order RE:
plaintiff’s motion for leave to file first amended complaint substituting defendant dorothy Jean paul with estate of dorothy jean paul
Plaintiff Yvonne Montano (“Plaintiff”) filed this action against Defendant Dorothy Jean Paul (“Defendant”) following a motor vehicle collision. Defendant is now deceased. Plaintiff seeks leave to file a first amended complaint, substituting Estate of Dorothy Jean Paul (“Estate”) for Defendant. Probate Code section 550 provides that an action against a decedent for which the decedent was protected by insurance may be maintained against the decedent’s estate without the need to join the decedent’s personal representative or successor in interest as a party. (Probate Code, § 550, subd. (a).) Moreover, the parties have stipulated to substitute the Estate for Defendant. (See Declaration of Matthew J. Whibley.) Plaintiff a
Hearing Date
September 18, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Yvonne Montano, Plaintiff, v. dorothy jean Paul, Defendant.
Case No.: BC714486
Hearing Date: September 18, 2019
[TENTATIVE] order RE:
plaintiff’s motion for leave to file first amended complaint substituting defendant dorothy Jean paul with estate of dorothy jean paul
Plaintiff Yvonne Montano (“Plaintiff”) filed this action against Defendant Dorothy Jean Paul (“Defendant”) following a motor vehicle collision. Defendant is now deceased. Plaintiff seeks leave to file a first amended complaint, substituting Estate of Dorothy Jean Paul (“Estate”) for Defendant. Probate Code section 550 provides that an action against a decedent for which the decedent was protected by insurance may be maintained against the decedent’s estate without the need to join the decedent’s personal representative or successor in interest as a party. (Probate Code, § 550, subd. (a).) Moreover, the parties have stipulated to substitute the Estate for Defendant. (See Declaration of Matthew J. Whibley.) Plaintiff a