Judge: Audra Mori, Case: BC683942, Date: 2022-09-19 Tentative Ruling

Case Number: BC683942    Hearing Date: September 19, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jose Oyuela (“Plaintiff”) filed this action against Defendant Profina Mendoza and Ricardo Carranza (collectively, “Defendants”) for damages arising from a motor vehicle accident. 

Plaintiff’s children, Jose Antonio Oyuela, Eduardo Gabriel Oyuela, Carlos Andres Oyuela, and Melissa Oyuela (collectively, “Successors”), provide that Plaintiff has passed away, and Successors seek to be substituted in as Plaintiff’s successors-in-interest.  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 persons seeking to be substituted in as the successor-in-interest plaintiff.  Successors each declare they are Plaintiff’s biological children and successors-in-interest.  Further, Successors assert no other person has a superior right to be substituted for the decedent in the pending action. 

Successors’ motion to be appointed as successors-interest for Plaintiff is granted pursuant CCP § 377.31.  

Moving Successors-in-interest are 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 19^th day of September 2022