Judge: Anne Hwang, Case: 22STCV32310, Date: 2023-10-24 Tentative Ruling

Case Number: 22STCV32310    Hearing Date: October 24, 2023    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

BACKGROUND

Defendant Walmart, Inc. (Defendant) moves for an order setting a status conference. On October 3, 2022, Plaintiff Willie Joyce Taylor (Plaintiff) filed a complaint against Defendant for negligence and premises liability.

On January 9, 2023, Defendant was informed that Plaintiff passed away on November 13, 2022. At the time of filing this motion, no successor-in-interest had been identified to continue Plaintiff’s action. Defendant moves to set a status conference regarding whether a successor-in-interest will continue Plaintiff’s action.

LEGAL STANDARD

California Code of Civil Procedure section 377.31 provides that, on motion, 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).)¿ 

ANALYSIS

The Court notes that on August 14, 2023, five declarations were filed by Douglas Compton, Georgia Compton, Genikwa Seward, Stanley Seward, and Nika Seward, pursuant to section 377.32. The Declarants assert they are the successors-in-interest to Plaintiff. However, no motion has been made pursuant to Code of Civil Procedure section 377.31.

CONCLUSION AND ORDER

To the extent the individuals wish to be heard, they may appear at the hearing on this motion for order setting a status conference. The Court denies the request to set a further hearing date.

            The Court orders any motion to continue the proceeding, pursuant to Code of Civil Procedure section 377.31 or other statute, to be filed and served within 45 days of notice of the Court’s order.

Defendant shall provide notice of the Court’s order to the individuals who have filed declarations and file a proof of service of such.