Campbell v. West

93 Cal. 653 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a trial court possesses the discretion to permit the continuation of a lawsuit by a decedent’s personal representative through the filing of an amended, rather than a supplemental, complaint following a substitution of parties, and that a misdescription of the representative’s specific capacity—whether as executor or administrator—is an immaterial variance that does not prejudice the opposing party.

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