Judge: Glenn R. Salter, Case: 20-1174661, Date: 2022-11-03 Tentative Ruling

Plaintiff’s counsel has moved to withdraw as counsel of record.  (See the court’s September 30, 2022 minute order (ROA 41) explaining the reasons therefor and the court’s concerns.)

Since then, plaintiff’s counsel has provided the court with a certified copy of the plaintiff’s death certificate showing he died March 30, 2022.  (ROA 51.)  The defendants have also filed a motion to dismiss the action on the ground that there is no plaintiff to pursue the matter, which hearing is set for December 1, 2022.  (ROA 44.)

The court is inclined to advance the motion to dismiss to this calendar and grant it—unless plaintiff’s counsel is aware of someone acting as a personal representative of the decedent’s estate, or someone qualifying as a successor in interest.  Right now, there does not appear to be anyone authorized to continue the action; nor does there appear to be anyone waiting in the wings.

If the case is to be dismissed, the court would also grant plaintiff’s counsel motion to be relieved as attorney of record for the decedent plaintiff.  If the case is not to be dismissed, the court would be inclined to continue the motion to be relieved until a personal representative or successor in interest has been appointed and agreed to take control of the action.

Tentative:  Advance the defendant’s motion to dismiss to this calendar and grant; grant motion of counsel for plaintiff to be relieved as attorney to be effective upon signing of order; the plaintiff to give notice.