PHAM v. WAGNER LITHO MACHINERY CO.

Docket No. G000315.

172 Cal.App.3d 966 (1985)

218 Cal. Rptr. 476

DUNG MAHN PHAM, as Administrator, etc., Plaintiff and Appellant, v. WAGNER LITHO MACHINERY CO. et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

September 30, 1985.


Attorney(s) appearing for the Case

COUNSEL

Greene, O'Reilly, Agnew & Broillet, Browne, Greene, Horvitz & Levy, Ellis J. Horvitz and S. Thomas Todd for Plaintiff and Appellant.

Morgan, Wenzel & McNicholas and Richard J. Murphy for Defendants and Respondents.


OPINION

TROTTER, P.J.

Appellant is the administrator of a probate estate involving the assets of a deceased personal injury plaintiff. (1a) He contends on appeal the period of time between plaintiff's death and his substitution as plaintiff in her place is not to be included in calculating the five-year period during which the action must be brought to trial. We agree and reverse.

Hoa Minh Pham's right hand was...

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