Does a final judgment have to be reversed if the successful plaintiff dies while the judgment is on appeal?

California, United States of America


The following excerpt is from Sullivan v. Delta Air Lines, Inc., 15 Cal.4th 288, 63 Cal.Rptr.2d 74, 935 P.2d 781 (Cal. 1997):

8 The primary case that defendant relies on (Love v. Wolf (1967) 249 Cal.App.2d 822, 58 Cal.Rptr. 42) appears to confuse these two meanings of "final judgment" (id. at p. 840, 58 Cal.Rptr. 42); what is clearly correct, however, is its observation (ibid.) that "We find nothing in [former Probate Code section 573] which would require a reversal of a judgment merely because the successful plaintiff died while that judgment was on appeal."

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