Thursday, 8 May 2014

If Plaintiff files suit in Superior Court (Unlimited) and becomes ill and is unable to litigate due to disability, can Plaintiff file Motion...

Question

If Plaintiff files suit in Superior Court (Unlimited) and becomes ill and is unable to litigate due to disability, can Plaintiff file Motion To Appoint Representative (CCP 375) even though Defendants have not been served yet, within 60 days of the complaint being filed? or does Plaintiff have to serve defendants first, before filing the Motion (CCP 375), to see what, if they oppose?



Answer

You can file at any time.



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