Judge: Cherol J. Nellon, Case: 21STCV46816, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV46816    Hearing Date: April 6, 2023    Dept: 28

Arieljay Murrel’s Motion for Leave to Substitute Arieljay Murrel as Successor in Interest

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

BACKGROUND

On December 23, 2021, Plaintiff James Murrell (“Plaintiff”) filed this action against Defendant Katherine Poe (“Katherine”) and Stanley Poe (“Stanley”) for motor vehicle negligence.

On May 6, 2022, Defendants filed an answer.

On January 25, 2023, Arieljay Murrel (“SII”) filed a Motion for Leave to Substitute Arieljay Murrel as Successor in Interest for Plaintiff to be heard on April 6, 2023.

Trial is currently scheduled for June 22, 2023.

PARTY’S REQUESTS

SII requests the Court substitute Arieljay Murrel 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 October 2, 2022, after commencing this action. At the time of his death, Plaintiff was in a domestic partnership with SII. SII is the appropriate successor under CCP § 377.11. The Court grants the motion.

CONCLUSION

Arieljay Murrel’s Motion for Leave to Substitute Arieljay Murrel as Successor in Interest is GRANTED. The Court deems the Arieljay Murrel 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.