Discovery
Civ-Pro
Case Summary |
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0512 Under CCP 377.34, if the plaintiff in a personal injury action dies before judgment is entered, non economic damages cannot be awarded; the trial court lacked power to bypass this rule by entering judgment nunc pro tunc as of the termination of the first phase of a bifurcated trial in which the jury made findings as to causation and damages, but no finding as to defendant's liability.CitationWILLIAMSON v PLANT (Untimely Death) 23 CA4 1406 [See: CCP 377.34 (formerly ProbC 573), 36] |
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