Judge: Cherol J. Nellon, Case: 21STCV37798, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV37798    Hearing Date: April 7, 2023    Dept: 28

Akiko Ishiwada’s Motion for Leave to Substitute Akiko Ishiwada as Successor in Interest

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On October 14, 2021, Plaintiff Teimur Amiry (“Plaintiff”) filed this action against Defendant City of Beverly Hills (“Defendant”) for general negligence and premises liability.

On April 6, 2022, Defendant filed an answer.

On January 3, 2023, Akiko Ishiwada (“SII”) filed a Motion for Leave to Substitute Akiko Ishiwada as Successor in Interest for Plaintiff to be heard on April 7, 2023.

Trial is currently scheduled for August 31, 2023.

PARTY’S REQUESTS

SII requests the Court substitute Akiko Ishiwada as the successor in interest in place of Plaintiff, who passed away after commencing the action.

LEGAL STANDARD

Code of Civil Procedure §377.31 states “On motion, after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by decedent's personal representative or, if none, by the decedent's successor-in-interest.”

DISCUSSION

Plaintiff passed away on November 18, 2021, after commencing this action. SII was the beneficiary of Plaintiff’s estate; as the beneficiary of Plaintiff’s estate, SII is a successor-in-interest to Plaintiff’s claims. SII is the appropriate successor under CCP § 377.11. The Court grants the motion.

CONCLUSION

Akiko Ishiwada’s Motion for Leave to Substitute Akiko Ishiwada as Successor in Interest is GRANTED. The Court deems the Akiko Ishiwada as substituted for Plaintiff.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.