Judge: Anne Richardson, Case: 24STCV06546, Date: 2024-09-25 Tentative Ruling

DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 24STCV06546    Hearing Date: September 25, 2024    Dept: 40

Superior Court of California

County of Los Angeles

Department 40

I. Background

Plaintiff Olivia Lindsey (Lindsey) sues Defendants Uber Technologies, Rasier LLC, Rasier-CA, LLC, William Arthur Newsom and Does 1 through 100, pursuant to a March 15, 2024 Complaint alleging causes of action for (1) Motor Vehicle and (2) General Negligence. The claims arise from a motor vehicle collision that occurred on July 24, 2023.

On August 26, 2024, Lindsey filed this motion to sub-in David J. Lindsey, as Olivia Lindsey’s successor-in-interest, on grounds that Olivia passed away on June 2, 2024.

No opposition has been filed.

II. Motion

A. Legal Standard

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.30.)  After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest.  (Code Civ. Proc., § 377.31.) 

The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (1) the decedent’s name, (2) the date and place of decedent’s death, (3) “No proceeding is now pending in California for administration of the decedent’s estate,” (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding,” and (7) the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32(a)(1)-(7).)

Additionally, a certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. (Code Civ. Proc., § 377.32(c).) 

B. Analysis

Here, in his declaration, Plaintiff’s counsel references exhibits including the declaration of David J. Lindsey and a certified copy of Olivia Lindsey’s death certificate. However, no such exhibits are filed with the Court.

Accordingly, Plaintiff has not satisfied the requirements of Code of Civil Procedure section 377.32.

III. Conclusion

            The motion to substitute is CONTINUED to November 8, 2024 at 8:30 to provide moving party the opportunity to cure the above noted deficits.

The supplemental declaration must be filed and served on all parties no later than sixteen calendar days prior to the hearing.