Judge: Douglas W. Stern, Case: 21STCV05534, Date: 2022-08-25 Tentative Ruling

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Case Number: 21STCV05534    Hearing Date: August 25, 2022    Dept: 52

Tentative Ruling

Plaintiff’s Motion to Appoint Juan Carlos Sanchez and Alexander Sanchez as Co-Successors-in-Interest of Plaintiff Juan Carlos Sanchez

The late plaintiff Juan Carlos Sanchez’s surviving children, Juan Carlos Sanchez and Alexander Sanchez, move for an order substituting themselves as plaintiff for their father, Juan Carlos Sanchez.     

CCP § 377.31 provides, “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.”  Juan Carlos Sanchez and Alexander Sanchez therefore can only maintain this action if they are (1) the decedent’s personal representative; or (2) there is no personal representative, and they are the successors in interest. 

CCP § 377.32(a) requires the person who seeks to continue the action to file an affidavit stating, among other things:

(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.”

Plaintiffs’ surviving children submitted a sufficient affidavit establishing they are Juan Carlos Sanchez’s successors in interest.  (Sanchez & Sanchez Decl., ¶¶ 2-5.)

The motion is granted.  The court hereby appoints Juan Carlos Sanchez and Alexander Sanchez to proceed with this action as co-successors-in-interest to plaintiff Juan Carlos Sanchez.