What remedies are available in a personal injury action?
California, United States of America
The following excerpt is from Taylor v. Superior Court, 218 Cal.App.3d 1185, 267 Cal.Rptr. 519 (Cal. App. 1990):
Appeal is not an adequate remedy because the estate allegedly will be dissipated before the appeal can be resolved. Preliminary issues of standing and capacity to sue are most efficiently resolved at the outset of a lawsuit. (See, e.g., Bales v. Superior Court (1942) 21 Cal.2d 17, 24, 129 P.2d 685 [compelling the trial court to allow petitioner to participate in proceedings to determine heirship].)
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