Judge: Colin Leis, Case: EC067255, Date: 2022-08-17 Tentative Ruling

Case Number: EC067255    Hearing Date: August 17, 2022    Dept: 3

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT 3

MOVING PARTY:                Plaintiffs Cruise Worldwide, Ltd. and Teresa Lu

RESPONDING PARTY:       N/A

Renewed Motion to Substitute a Successor-in-Interest for Deceased Defendant Michael Lin

The court considered the moving papers filed in connection with this motion. No opposition was filed.

BACKGROUND

            Plaintiffs Cruise Worldwide, Ltd. and Teresa Lu filed this action on September 5, 2017 against Defendants Michael Lin and RC Cruises International Co., Ltd. (“RC Cruises”). Plaintiffs allege that they entered into a partnership with Mr. Lin and his company, RC Cruises, to sell Royal Caribbean cruises to customers in Taiwan. However, Plaintiffs allege that after disputes over profit-sharing, Mr. Lin undertook a campaign to steal the entire business from Plaintiffs. This lawsuit followed.

On November 12, 2021, Mr. Lin passed away in Taiwan. On June 8, 2022, Audrey Ellen Liu was appointed by the probate court as Special Administrator of the Estate of Michael Lin. (Bosko Decl., ¶ 4, Ex. A.) Letters of Administration were issued on June 17, 2022. (Bosko Decl., ¶ 5, Ex. B.) On June 21, 2022, Plaintiffs filed their creditor’s claim against the Estate. (Bosko Decl., ¶ 6, Ex. C.) On July 22, 2022, Plaintiffs’ probate counsel notified the Special Administrator that they would deem their claim rejected pursuant to Probate Code section 9256. (Bosko Decl., ¶ 7, Ex. D.)  

            Plaintiffs now move for an order substituting the Special Administrator of the Estate of Michael Lin in his place as defendant in this action, pursuant to Code of Civil Procedure section 377.31.

DISCUSSION

Code of Civil Procedure section 377.31 provides: “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.” A personal representative is an “executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person’s status.” (Prob. Code, § 58, subd. (a).)

Pursuant to Probate Code section 9370, an action pending against the decedent at the time of death may not be continued against the decedent’s personal representation unless a claim is filed in probate, the claim is rejected in whole or in part, and within three months of the rejection, the plaintiff applies for an order to substitute the personal representation in the action.

The court finds that the applicable requirements have been met. In light of the lack of an opposition, the court finds good cause to substitute the Special Administrator of the Estate of Michael Lin in the place of the decedent as a defendant in the instant action.

CONCLUSION

Based on the foregoing, the court grants Plaintiffs’ motion.

Plaintiffs are ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 17, 2022

_____________________________

Colin Leis

Judge of the Superior Court