Is notice to the estate sufficient to constitute a sufficient claim or demand to be the basis of an amendment?
California, United States of America
The following excerpt is from Heywood v. Municipal Court, 198 Cal.App.3d 1438, 244 Cal.Rptr. 435 (Cal. App. 1988):
"Mere notice to the estate, in the sense of imparting knowledge of the underlying debt to the representative, does not constitute a sufficient claim or demand which can be the basis of an amendment." (Nathanson v. Superior Court (1974) 12 Cal.3d 355, 369, 115 Cal.Rptr. 783, 525 P.2d 687.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the basis for a motion where Baird raises a number of issues, including a claim that his attorney has failed to provide sufficient evidence to support the claim? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Can a plaintiff who has been denied leave to amend a motion to amend or amend a claim for damages be affirmed on any ground supported by the record? (California, United States of America)
Is a claim of federal constitutional error sufficient to invalidate a defendant's claim of state law error? (California, United States of America)
Is a disclaimer of ownership of an article a sufficient basis for a fourth amendment claim? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
Is there a properly noticed motion for leave to amend the first amended complaint? (California, United States of America)
Is a claim for damages sufficient to constitute a cause of action? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is improper vouching a sufficient basis to invalidate a claim? (California, United States of America)
