Judge: Anne Hwang, Case: 21STCV45761, Date: 2024-01-25 Tentative Ruling

Case Number: 21STCV45761    Hearing Date: January 25, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTIONS

Plaintiff Danene Morrison (“Plaintiff”) moves for an order pursuant to Code of Civil Procedure Section 377.31, substituting Thomas Morrison, Plaintiff’s brother, in his capacity as successor in interest to the deceased Plaintiff, under Code of Civil Procedure Section 377.11.

ANALYSIS

California Code of Civil Procedure section 377.31 provides that the decedent’s personal representative or, if none, the decedent’s successor in interest may continue a decedent’s pending action. (Code Civ. Proc., § 377.30; see Adams v. Superior Court (2011) 196 Cal.App.4th 71, 78-79.) A successor in interest is the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of the cause of action. (Code Civ. Proc., § 377.11.) Section 377.33 provides that the court in which an action is continued may make any order concerning parties that is appropriate to ensure proper administration of justice, including the appointment of the decedent’s successor in interest as a special administrator or guardian ad litem. 

Section 377.32 provides that a person who seeks to commence such an action as the decedent’s successor in interest must file an affidavit or declaration providing certain information, including the decedent’s name, date and place of decedent’s death, and statements regarding whether the estate has been administered and that the affiant or declarant is the successor in interest on decedent’s claim. (Id., § 377.32(a).) A certified copy of the decedent’s death certificate must also be attached to the affidavit or declaration. (Id., § 377.32(c).)

            Plaintiff passed away on August 8, 2023. A certificed copy of Plaintiff’s death certificate has been attached. (Morrison Decl., Exh. A.) The Court finds that Thomas Morrison has filed a declaration, under penalty of perjury, that he is the rightful and sole successor in interest to Plaintiff’s interest in this action. Therefore, the motion to substitute is granted.

CONCLUSION AND ORDER

Therefore, the Court grants the motion to substitute Thomas Morrison as successor in interest to Danene Morrison, deceased.

Moving Party shall give notice of the Court’s orders, and file a proof of service of such.