Judge: Deirdre Hill, Case: 22TRCV00299, Date: 2023-02-03 Tentative Ruling

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Case Number: 22TRCV00299    Hearing Date: February 3, 2023    Dept: M

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. M

 

RICHARD STROM,

 

 

 

Plaintiff,

 

Case No.:

 

 

22TRCV00299

 

vs.

 

 

[Tentative] RULING

 

 

JOHN KOHLHEPP, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date:                         February 3, 2023

 

Moving Parties:                      Plaintiff Richard Strom

Responding Party:                  None

Motion for Substitution of Personal Representative for Deceased Plaintiff

 

            The court considered the moving papers.

RULING

            The motion is GRANTED.  The court orders that Steven Strom, trustee of The Strom Family Trust, is substituted as successor in interest to plaintiff Richard Strom.

BACKGROUND

On April 21, 2022, plaintiff Richard Strom filed a complaint against John Kohlhepp and Victoria Kohlhepp for unlawful detainer based on a 15-day notice to pay rent or quit.

On June 16, 2022, a clerk’s judgment for restitution of the premises was entered against defendants.

LEGAL AUTHORITY

Under CCP §377.31, “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.”  

 

 

 

            In order to substitute in the plaintiff’s trust as successor in interest, moving party must comply with the requirements set forth in CCP § 377.32.  CCP § 377.32 requires an affidavit or declaration filed under penalty of perjury containing the following information:  decedent’s name, date and place of decedent’s death, an indication that no proceeding is pending in California for administration of the estate, declarant is the decedent’s successor in interest, declarant is authorized to act on behalf of decedent’s successor in interest, no other person has a superior right to commence the action or be substituted in for decedent, and a certified copy of the death certificate.     

DISCUSSION

            Plaintiff requests an order substituting plaintiff’s successor-in-interest, Steven Strom, as trustee of The Strom Family Trust, pursuant to CCP §377.10, et seq.  Plaintiff died on July 12, 2022.  See Steven Strom decl., Exh. A (death certificate).

            The court finds that plaintiff has complied with CCP §377.32.  See Steven Strom decl.

            The motion is therefore GRANTED.

            Plaintiff is ordered to give notice of ruling.