Judge: David B. Gelfound, Case: 24CHCV01021, Date: 2024-07-01 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assistant in North Valley Department F49, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2249.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org.
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Case Number: 24CHCV01021    Hearing Date: July 1, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO APPOINT SUCCESSOR IN INTEREST

Motion filed: 5/21/24

MOVING PARTY: Janice Motta (“Motta”)

RESPONDING PARTY: None

NOTICE: OK

RELIEF REQUESTED: An order appointing Motta, the surviving niece of decedent Plaintiff Lloyd Rollins (“Rollins” or “Decedent”), as Successor in Interest and to substitute decedent Rollins as Plaintiff in this case.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

On March 22, 2024, Plaintiff Rollins (deceased) filed a complaint against Defendant Walditrudez P. Lopez (“Lopez” or “Defendant”) and Does 1 through 250, alleging (1) Elder Abuse (Welfare and Institutions Code §§ 15600 et seq.), and (2) Negligence. Subsequently, on May 8, 2024, Lopez filed an Answer to the Complaint.

On May 21, 2024, Motta filed the instant Motion to Appoint 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 Decedent’s certified death certificate and Motta’s affidavit. (Motta Decl. ¶ 1, Ex. “1.”) Motta’s position as successor in interest is substantiated by the fact that she is the beneficiary of the estate of Decedent. (Id. ¶ 2.)

            Motta further attests that no proceeding is     now pending in California for administration of Decedent’s estate, and that no other persons have a superior right to commence the action or proceeding or to be substituted for Decedent in the pending action or proceeding. (Motta Decl. ¶¶ 3, 4.)

            Furthermore, Motta 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 Appoint Successor in Interest filed by Janice Motta is GRANTED.

Moving party to give notice.