“California Plaintiff Substitution Cases Need Proactive Discovery,” Bloomberg Law
publication | October 2, 2025
Bloomberg Law published an article authored by HLLP associates Alexandra Patterson and Alexandra Stubblefield that discusses the legal framework for plaintiff substitution in California along with practical considerations when such situations arise.
Due to the immense size and length of Judicial Council Coordinated Proceedings, or JCCPs, plaintiffs’ attorneys in coordinated litigation often disregard details when substituting a party who has legal authority to pursue a case after the named plaintiff dies.
The first step after discovering that a plaintiff has died is to determine if the decedent’s claim survives after which a new plaintiff must be substituted for the claim to continue. However, understanding the legal framework for substitution is just one part of navigating the JCCP landscape. Practitioners also should consider the statute of limitations and relevant discovery strategies.
By applying California CCP Section 377, staying abreast of the applicable statute of limitations, and keeping diligent discovery records, counsel can seek desirable relief for their client.
Access the story online at Bloomberg Law.
(Reproduced with permission. Published September 30, 2025. Copyright 2025 Bloomberg Industry Group 800-372-1033.)