Sample motion to substitute a Plaintiff in California
This motion to substitute a Plaintiff in California is used to substitute the personal representative or successor-in-interest in place of the Plaintiff when the Plaintiff has died while the lawsuit is pending. The sample motion is filed under the provisions of Code of Civil Procedure section 377.31. The sample motion is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.