2005 California Probate Code Sections 9370 Article 2. Claim Where Action or Proceeding Pending


9370.  (a) An action or proceeding pending against the decedent at
the time of death may not be continued against the decedent's
personal representative unless all of the following conditions are
   (1) A claim is first filed as provided in this part.
   (2) The claim is rejected in whole or in part.
   (3) Within three months after the notice of rejection is given,
the plaintiff applies to the court in which the action or proceeding
is pending for an order to substitute the personal representative in
the action or proceeding.  This paragraph applies only if the notice
of rejection contains a statement that the plaintiff has three months
within which to apply for an order for substitution.
   (b) No recovery shall be allowed in the action against property in
the decedent's estate unless proof is made of compliance with this

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