CALIFORNIA FAMILY LAW
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Death of a Spouse
......Effect on Nullity Proceedings
7 Cards On This Topic:
Cause of action for or against person not lost by his or her death.
Cause of action that survives death of person entitled to commence action passes to decedent's personal representative or successor in interest.
SOL where consent obtained by fraud.
Richard Pryor's daughter lacked standing to attempt to annul his marriage on ground of fraud; FC 2211 is controlling rather than CCP 377.20 in post-death nullity filing.
As H's cause of action for nullity of marriage survives his death, public administrator may properly substitute in as petitioner in nullity action.
Fundamental difference between effect of death of spouse in dissolution action versus nullity.
Parent cannot annul marriage after minor child's death; marriage already terminated as a matter of law.