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LICKTER v. LICKTER

No. C061782.

189 Cal.App.4th 712 (2010)

JOSHUA LICKTER et al., Plaintiffs and Appellants, v. MAGGIE LICKTER, as Trustee, etc., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 27, 2010.

Attorney(s) appearing for the Case

Weintraub Genshlea Chediak , Charles L. Post , Edward J. Corey and Jamay Lee for Plaintiffs and Appellants.

Knudtson & Nutter, Gigi M. Knudtson , Melissa L. McDonald ; Powers & Miller, Robert James Miller , Gordon W. Bowley ; Spiller McProud and Steven T. Spiller for Defendants and Respondents.

OPINION

ROBIE, J.—

The primary issue in this case is who is entitled to commence and/or maintain an elder abuse action after the elder who was allegedly abused has died. Generally, "the right to commence or maintain [such] an action . . . pass[es] to the personal representative of the decedent." (Welf. & Inst. Code, § 15657.3, subd. (d)(1).) However, "[i]f the personal representative refuses to commence or maintain an action...

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