Judge: David B. Gelfound, Case: 23CHCV03864, Date: 2025-01-06 Tentative Ruling

Case Number: 23CHCV03864    Hearing Date: January 6, 2025    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO SUBSTITUTE SUCCESSOR-IN-INTEREST

Motion filed: 11/27/24

MOVING PARTY: Solana Forney

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order granting the substitution of the successor-in-interest, Solana Forney, for deceased Plaintiff.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

This action arises from personal injuries allegedly sustained by Plaintiff Aron Flodung (“Flodung”) on premises controlled by Defendants. Flodung alleges that she was locked inside the sauna room when the lights were turned off without warning, causing her to trip and fall.

On December 20, 2023, Plaintiff Flodung filed a Complaint against Defendants Chatsworth Health Fitness, LLC, d/b/a Crunch Fitness; Fitness Club Management LLC; Harman Fitness, LLC (collectively, “Defendants”); and Does 1 to 20, alleging (1) General Negligence, and (2) Premises Liability. Subsequently, Defendants filed their Answer to the Complaint on February 5, 2024.

On November 27, 2024, Solana Forney (“Forney”) filed the instant Motion to Substitute Successor-in-Interest (the “Motion”).

            No Opposition or Reply papers have been received by the Court.

ANALYSIS

“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 “successor in interest” essentially steps into the decedent's position as to a particular action. (Exarhos v. Exarhos (2008) 159 Cal.App.4th 898, 905.) 

“A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc., § 377.21.)  A cause of action survives a party’s death unless “otherwise provided by statute.” (Code Civ. Proc., § 377.20.) Actions for personal injuries generally survive the plaintiff’s death. (Herrero v. Atkinson (1964) 227 Cal.App.2d 69, 76.) 

The decedent’s successor in interest is defined as “the beneficiary of the decedent's estate . . . who succeeds to a cause of action.” (Code Civ. Proc., § 377.11) The “beneficiary of the decedent’s estate” is determined “subject to Chapter 1 . . . of Part 1 of Division 7 of the Probate Code.” (Code Civ. Proc., § 377.30.) This chapter of the Probate Code regards the passage of a decedent’s property. In relevant part, it states that “title to a decedent's property passes on the decedent's death to the person to whom it is devised in the decedent's last will or, in the absence of such a devise, to the decedent's heirs as prescribed in the laws governing intestate succession.” (Prob. Code, § 7000.) When the decedent passes without a surviving spouse, his entire intestate estate passes to his issue. (Prob. Code, § 6402, subd. (a).) 

A.    Procedural Requirements for Substitution

To continue the pending action of a deceased party, the successor in interest seeking to be substituted as plaintiff in place of the decedent must file a certified copy of the plaintiff’s death certificate, along with 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 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.)

If correctly motioned and submitted, the court must allow the action to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest. (Code Civ. Proc., § 377.31.) 

            Here, the Motion has been filed with a copy of State of Nevada Certificate of Death for Flodung and Forney’s Declaration. (Forney Decl. ¶ 1, Ex. “A.”) Forney’s position as successor in interest is substantiated by the fact that she is Flodung’s next of kin and the proper and only successor in interest. (Bauman Decl. ¶ 4.)

            Forney further attests that no proceeding is now pending in California for administration of decedent Flodung’s estate, and that no other persons have a superior right to commence the action or proceeding or to be substituted for Flodung in the pending action or proceeding. (Forney Decl. ¶¶ 3, 5.)

            Furthermore, Forney declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

            Based on the above records, the Court determines that all requirements under Code of Civil Procedure section 377.32 have been satisfied.

            Therefore, the Court GRANTS the Motion.

CONCLUSION

The Motion to Substitute Successor-in-Interest filed by Solana Forney is GRANTED.

Moving party to give notice.