Judge: Gary I. Micon, Case: 23CHCV00793, Date: 2025-01-13 Tentative Ruling

Case Number: 23CHCV00793    Hearing Date: January 13, 2025    Dept: F43

Dept. F43

Date: 01-13-25

Case # 23CHCV00793, Mercado v. City of Los Angeles, et al.

Trial Date: 06-09-25

MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST

MOVING PARTY: Successor Georgina Roque

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Order substituting Georgina Roque as Plaintiff.

RULING: Motion is granted.

SUMMARY OF ACTION

This personal injury action arises from an incident that occurred on October 24, 2022.  Plaintiff Elidia Mercado (Plaintiff) filed this suit against defendants City of Los Angeles, County of Los Angeles, and 7-Eleven, Inc. on March 20, 2023, alleging general negligence and premises liability.  The complaint alleges Plaintiff suffered injuries when her wheelchair struck a metal rod in a parking lot and she fell from her wheelchair.

On October 17, 2024, the deceased Plaintiff’s sister filed this motion to substitute herself as Plaintiff’s successor in interest.  No opposition has been filed.

ANALYSIS

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.30.)  After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest.  (Code Civ. Proc., § 377.31.)  “‘Decedent’s successor in interest’ means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.”  (Code. Civ. Proc., § 377.11.)

The person seeking to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (1) the decedent’s name, (2) the date and place of decedent’s death, (3) that no proceeding is now pending in California for administration of the decedent’s estate, (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (6) that 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, and (7) that the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32, subd. (a)(1)-(7).)

Additionally, a certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. (Code Civ. Proc., § 377.32, subd. (c).) 

Plaintiff Mercado passed away on May 16, 2024 in West Covina, CA.  (Declaration of Georgina Roque, ¶ 2, Exh. A.)  Plaintiff’s sister, Georgina Roque, moves for an order permitting her substitution as the Successor in Interest to Plaintiff’s causes of action.  (Motion, p. 4:24-26.) 

Ms. Roque’s declaration is filed with the motion and satisfies the requirements of Civil Procedure Code section 377.32, subdivision (a).  The declaration states Ms. Roque is Plaintiff’s successor in interest as defined by Section 377.11.  (Roque Dec., ¶ 3, Exh. A.)  No personal representative has been appointed, no proceeding is now pending in California for administration of Plaintiff’s estate, and no other person has a superior right to commence this proceeding or be substituted for Plaintiff.  (Roque Dec., ¶¶ 4-5.)  Further, Ms. Roque has attached certified copy of the Plaintiff’s death certificate to the declaration as required under Section 377.32, subdivision (c).  (Roque Dec., ¶ 6, Exh. A.)

ORDER and CONCLUSION

Accordingly, the motion to appoint Plaintiff Mercado’s sister Georgina Roque as successor in interest is granted.

Georgina Roque to give notice.