Byrne v. Byrne
94 Cal. 576 ·
Supreme Court of California · Filed
Published · citable
Cited by 1
Holding
The court held that a person cannot simultaneously sue and be sued in the same action, as an estate’s representative cannot maintain an action against herself; however, the defect is not fatal if the plaintiff can amend the pleadings to join all necessary parties, including creditors and heirs, to properly represent the estate’s adverse interests.