In this action, Jim represented the granddaughters and the former daughter-in-law of a decedent. The plaintiffs were the decedents grandsons. The plaintiffs were also half brothers and step sons of Jim’s clients.
The plaintiffs contended that Jim’s clients and their father/ex-husband conspired with each other to hasten the death of the grandmother in order to get access her substantial estate. Jim and the co-defendants’ attorneys argued that the plaintiffs did not have standing to pursue such a claim because the proper plaintiff would be the estate of the decedent or its personal representative. Those individuals included the defendants.
Jim and co-defendants’ attorneys bought a motion for summary judgment which was granted. The plaintiffs appealed the granting of the motion. The Third District Court of Appeal sustained the granting of the motion for summary judgment in a published decision. The plaintiffs’ attorney petitioned the Supreme Court for review of the Third District Court of Appeal’s decision and that petition was denied. The appellate court published its decision and the entire decision can be read at Lickter v. Lickter (2010) 189 Cal.App.4th 972.