Judge: Daniel M. Crowley, Case: 22STCV08094, Date: 2022-10-27 Tentative Ruling

Case Number: 22STCV08094    Hearing Date: October 27, 2022    Dept: 28

Plaintiff Charlotte Nolind’s Motion for Leave to Substitute Brian Nolind in Place of Plaintiff

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

BACKGROUND

On March 7, 2022, Plaintiff Charlotte Nolind (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”) and Utmost Pro, Inc. (“Utmost”) for general negligecne and premises liability.

On August 24, 2022, Plaintiff filed a Motion for Leave to Substitute Brian Nolind in Place of Plaintiff to be heard on October 27, 2022.

Trial is currently scheduled for July 19, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court substitute Brian Nolind (“SII”) as the successor in interest in place of Plaintiff, who has passed away since the commencement of this matter.

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 originally filed this case on March 7, 2022, but passed away less than 2 months later. SII is Plaintiff’s surviving spouse and successor in interest to Plaintiff’s estate. SII has the legal right to continue the pending action; the Court grants the motion.

CONCLUSION

Plaintiff Charlotte Nolind’s Motion for Leave to Substitute Brian Nolind in Place of Plaintiff is GRANTED. The Court deems the Brian Nolind 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.