Mandatory pre-suit notice under Civil Procedure Code section 424 could not be satisfied by a deceased person's notice for heirs' suit.
Prior written notice under section 424 of the Civil Procedure Code was treated as a mandatory condition precedent to suit, requiring the notice to state the cause of action, the intending plaintiff's name and abode, and the relief claimed. A notice issued only in the names of persons who had died before suit, with no indication that their heirs intended to sue, did not satisfy the statutory requirement for the heirs' action. The provision was construed strictly, and the court declined to extend a deceased person's notice to representatives by implication. The defect could not be cured by allowing the suit to proceed without fresh notice; rejection of the plaint was the proper course.
Issues: Whether a notice given under section 424 of the Civil Procedure Code by persons who died before instituting suit could satisfy the statutory condition for a suit later brought by their heirs, and whether the suit could be maintained without a fresh notice.
Analysis: Section 424 required prior written notice stating the cause of action, the name and place of abode of the intending plaintiff, and the relief claimed, and made such notice a condition precedent to institution of suit. The notice in question named only the deceased persons, not the present plaintiffs, and contained no indication that the heirs themselves intended to sue. The provision was construed strictly as mandatory, not merely directory. The Court declined to read into the section words extending a deceased person's notice to representatives, and distinguished authorities where the notice provision was differently worded. It also held that the defect could not be cured by allowing the suit to proceed without the statutory notice, and that the proper course was rejection of the plaint.
Conclusion: The notice was not a valid notice for the heirs' suit, the statutory requirement was not satisfied, and the appeal failed.
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