Judge: Christian R. Gullon, Case: 22STCV19122, Date: 2023-11-27 Tentative Ruling

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Case Number: 22STCV19122    Hearing Date: November 27, 2023    Dept: O

Tentative Ruling

MOTION FOR ORDER APPOINTING ALICIA CARRION AS SUCCESSOR-IN-INTEREST OF ANA ALENCASTRO, DECEASED is GRANTED.

Background

This is an elder abuse case.

On June 10, 2022, Plaintiff ANAALENCASTRO filed suit against Defendants COVINA CARECENTER, INC. dba COVINA REHABILITATION CENTER (“Defendant Covina Health”); JACQUELIN CALDERON for:

On August 1, 2023, Defendant Covina Health filed its answer.

On July 31, 2023, Plaintiff filed the instant motion.

Legal Standard

“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 the decedent’s personal representative or, if none, by the decedent’s successor in interest.” (Code Civ. Proc., § 377.31.)  

“The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest . . . shall execute and file an affidavit or a 

declaration . . . stating all of the following: (1) The decedent’s name. (2) The date and place of the decedent’s death. (3) “No proceeding is now pending in California for administration of the decedent’s estate.” (4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest. (5) Either of the following, as appropriate, with facts in support thereof: (A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Civil Code of Procedure) and succeeds to the decedent’s interest in the action or proceeding.” (B) “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Civil Code of Procedure) with respect to the decedent’s interest in the action or proceeding.” (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.” (7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (Code Civ. Proc., § 377.32, subd. (a).) A certified copy of the decedent’s death certificate must be attached to the affidavit or declaration. (Code Civ. Proc., § 377.32, subd. (c).) 

Discussion

Alicia Carrion (“Carrion”) is the daughter of Plaintiff, who died on June 13, 2023. She seeks to continue the pending action as the decedent’s successor in interest. No proceeding to administer Plaintiff’s estate estate has been filed.  No other person has a superior right to commence or maintain the action or proceeding or to be substituted for the decedent in the pending action or proceeding.

Thus, Carrion is the successor in interest to her mother/Plaintiff.

Conclusion

Therefore, Carrior is appointed successor in interest of Plaintiff, deceased, and the right to maintain the instant action is transferred to Carrion.