Factor v. Superior Court

Opinion

SELBER, J.*

Petitioner herein is the plaintiff in an action for damages commenced in 1966. Harold S. Farnell, aka Jack Farnell, is named as one of several defendants in that action. Said defendant died during the pendency of this action. His wife, Grace W. Farnell was the executrix under his will, and she is named herein as the real party in interest. For convenience the petitioner will hereafter be referred to as plaintiff, the decedent as defendant, and the real party in interest as defendant’s executrix.

The complaint alleges that plaintiff owned a valuable racehorse and had arranged…