What is the effect of a trustee abandoning a property in a personal injury action?

California, United States of America


The following excerpt is from Kaley v. Catalina Yachts, 187 Cal.App.3d 1187, 232 Cal.Rptr. 384 (Cal. App. 1986):

4 The trustee may, in addition to what was done in the instant case, abandon the property if it is burdensome to the estate or of inconsequential value. (11 U.S.C., 554, subd. (a).) He may also abate the action and commence a new one or he may intervene in the pending action, substituting in as the real party in interest. (Meyer v. Fleming (1946) 327 U.S. 161, 66 S.Ct. 382, 90 L.Ed. 595.)

5 Not only, then, does the plaintiff not lose standing to continue the prosecution of the action, in the absence of assertive action by the trustee, failure to do so diligently may have adverse consequences. (See Suman v. Archibald (1897) 116 Cal. 41, 42, 47 P. 865.)

6 "Every action must be prosecuted in the name of the real party in interest,...."

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