Judge: Daniel M. Crowley, Case: 21STCV22474, Date: 2022-12-21 Tentative Ruling

Case Number: 21STCV22474    Hearing Date: December 21, 2022    Dept: 28

Motion to Substitute Successor-in-Interest for Deceased Plaintiff

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

            On June 16, 2021, Llasmin Figueroa (“Plaintiff”) commenced the present action by filing a Complaint against Kelly Nguyen (“Defendant”) and Does 1 through 20.  Plaintiff’s Complaint alleges the following causes of action: (1) Motor Vehicle; and (2) General Negligence.

            On October 12, 2021, Defendant filed an Answer.

            On December 6, 2021, Plaintiff (hereinafter, “Decedent”) passed away.

            On November 17, 2022, Decedent, by and through counsel of record, filed a Motion to Substitute Successor-in-Interest for Deceased Plaintiff.

            Trial is set for August 16, 2023.

PARTY’S REQUESTS

            Decedent, by and through her counsel of record, moves for an Order appointing Anatalia C. Vega as successor-in-interest for Decedent.

LEGAL STANDARD

            Following the death of a party, any legal action by that party may only proceed upon substitution of the decedent’s personal representative or successor in interest in her place.  (Code Civ. Proc. §§ 377.31, 367.)  “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 under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state 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 Code of Civil 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 Code of Civil 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 shall be attached to the affidavit or declaration.”  (Code Civ. Proc., § 377.32, subd. (c).)      

DISCUSSION

            The Court observes Anatalia C. Vega has submitted a signed declaration, which properly makes the necessary averments required by Code of Civil Procedure section 377.32, subdivision (c).  (Code Civ. Proc., § 377.32, subd. (c).)  The Court further observes a certified copy of Decedent’s death certificate is attached as Exhibit 2 to the Declaration of Attorney Shaun J. Bauman.  (Bauman Decl., ¶ 2, Ex. 2.)  Accordingly, the Court concludes Anatalia C. Vega may be properly substituted as Decedent’s successor-in-interest, pursuant to Code of Civil Procedure section 377.31.  (Code Civ. Proc., § 377.31.)

CONCLUSION

            Decedent’s Motion to Substitute Successor-in-Interest for Deceased Plaintiff is GRANTED.

            Successor-in-Interest Anatalia C. Vega is ordered to give notice of this ruling.

Successor-in-Interest Anatalia C. Vega 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.