Judge: Anne Hwang, Case: 22STCV26809, Date: 2024-06-03 Tentative Ruling

Case Number: 22STCV26809    Hearing Date: June 3, 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 William David Martinez (“Plaintiff”) moves for an order pursuant to Code of Civil Procedure Section 377.31, appointing Betty Darlen Martinez, Plaintiff’s mother, as the deceased Plaintiff’s successor in interest. No opposition has been filed.  

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 or continue 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. (Code Civ. Proc. § 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).)

            The complaint was filed on August 18, 2022. Plaintiff passed away on November 13, 2023. The Court finds that Betty Darlen Martinez has filed a declaration, under penalty of perjury, that she is Plaintiff’s successor in interest to Plaintiff’s interest in this action. (Martinez Decl. ¶ 4.) No other person has a superior right to be substituted in this action and no proceeding is pending for the administration of Plaintiff’s estate. (Id. ¶ 3, 5.)

However, the declaration does not state the place of Plaintiff’s death and does not provide exhibit A, purporting to be Plaintiff’s death certificate.[1] (See Martinez Decl. ¶ 2.)

Therefore, the motion to appoint will be conditionally granted upon the filing of an amended declaration correcting the defects.

CONCLUSION AND ORDER

Therefore, the Court conditionally grants the motion for Appointment of Successor in Interest.

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