California, United States of America
The following excerpt is from Radar v. Rogers, 317 P.2d 17, 49 Cal.2d 243 (Cal. 1957):
When this complaint was filed there was no one in existence against whom a judgment could be entered on the plaintiffs' claim. The necessary party defendant was the personal representative of the decedent's estate acting in her official capacity. Cf. Prob.Code, 714, 573, 577; Mesmer v. Jenkins, 61 Cal. 151, 153. There was no personal representative appointed at that time and therefore there was no one against whom the plaintiffs could have proceeded.
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