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  1. #1
    unigo is offline Junior Member
    Join Date
    Jan 2011
    Posts
    7

    Court Requires proof of ‘Successor in Interest’ / Substitution of attorney?

    What is the name of your state (only U.S. law)? California


    I am domesticating a WA judgment to CA Superior Court. The original parties both Plaintiff and Defendant have passed away. I am assignee for the Plaintiff’s successor. The court awarded judgment to the Plaintiff against the Defendant (at the time the case was heard the ‘successor in interest’ for the defendant was represented by counsel).
    The defendant was a named corporation. The owner passed away and was succeeded by his nephew.
    The CA court needs proof that the ‘Successor in Interest’ (Nephew) is now the named defendant for the case to be entered in the defendants name (Nephew whom lives in LA)
    I provided the CA court with a court cert. copy of the ‘Oath of Personal Representative’ for the dead owner of the named corporation.
    The CA court has rejected my application stating that the Defendant (Nephew) is not the successor in interest of the named Corporation. This may well be due to the fact the deceased is not directly named on the case file. The CA court stated that they need a ‘Substitution of Attorney’
    Now this is a form that requires participation of the Nephew. This will never happen.

    Q. What cert. copy of a document would convince the CA court that the ‘Successor in Interest’ is the Nephew?
    I can get case records that show that Nephew was served, represented for this case and order to pay.

    Thank you Chris
  2. #2
    cosine is offline Senior Member
    Join Date
    Feb 2006
    Posts
    1,949
    Was it the corporation or the original owner that was originally sued? Does the corporation still exist?

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