Judge: David A. Hoffer, Case: 30-2020-1135033, Date: 2022-11-28 Tentative Ruling

The unopposed motion of plaintiff Ui Kyung Lim for an order permitting her to be substituted as the successor-in-interest to deceased co-plaintiff Sung Jun Lim in this action is GRANTED. 

Plaintiff Ui Kyung Lim, as the surviving spouse of deceased co-plaintiff Sung Jun Lim, moves for an order substituting in for the co-plaintiff as the successor-in-interest.  Code Civ. Proc. § 377.31

An order substituting the decedent's representative or successor in interest may be obtained “on motion,” i.e., either a noticed motion or an ex parte application.  Code Civ. Proc. § 377.31.  The motion can be made by any party to the proceeding or by the representative or the successor in interest. 

A successor in interest, i.e., the person entitled to inherit the claim, who seeks to be substituted as plaintiff the place of the decedent must execute and file a declaration in statutory form.  Code Civ. Proc. § 377.32.  This declaration must state all of the following:

·      the decedent’s name

·      the date and place of the decedent’s death

·      that “[n]o proceeding is now pending in California for administration of the decedent's estate”

·      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

·      either of the following, as appropriate, with facts in support thereof: (1) “[t]he 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”; or (2) “[t]he 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”

·      that “[n]o 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”

·      that “[t]he 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(a).  In addition, a certified copy of the decedent’s death certificate must be attached to the affidavit or declaration. Code Civ. Proc. § 377.32(c). 

The declaration filed by plaintiff Ui Kyung Lim with the motion conforms to the requirements in section 377.32.  Thus, the court grants the unopposed motion.

Plaintiff Ui Kyung Lim is ordered to give notice of this ruling.