Judge: Audra Mori, Case: 21STCV24580, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV24580    Hearing Date: February 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Isabella Saeedy (“Plaintiff”), a minor by and through her Guardian Ad Litem, Azadeh Famili filed this action against Defendant Pomona Valley Hospital Medical Center (“Defendant”) for medical negligence.   

At this time, Plaintiff’s mother, Azadeh Famili (“Successor”) seeks to be substituted in as Plaintiff’s successor-in-interest.  Successor provides Plaintiff was a minor when this action was filed, so Successor was appointed Plaintiff’s guardian ad litem.  Successor states that a settlement has been reached in this case but sadly Plaintiff passed away on July 12, 2022.  Successor, thus, seeks to be substituted in as Plaintiff’s successor so that the case may be properly dismissed.  The motion is unopposed. 

Per CCP §377.21, a pending action does not abate by reason of the plaintiff’s death; instead, per CCP §377.33, the Court may make an order substituting the plaintiff’s personal representative or successor-in-interest as the plaintiff in the action.  Per §377.31, the personal representative or successor-in-interest must make a motion to be substituted into the action. 

            Here, the motion complies with CCP §377.32, which requires an affidavit or declaration by the individual seeking to be substituted in as the successor-in-interest plaintiff.  Successor declares she is Plaintiff’s mother and successor-in-interest.  Additionally, Successor provides that no other person has a superior right to be substituted for Plaintiff in the pending action. 

Successor’s motion to be appointed as successor-interest for Plaintiff is granted pursuant CCP § 377.31. 

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 3^rd day of February 2023