Judge: Gregory Keosian, Case: 21STCV33984, Date: 2024-01-04 Tentative Ruling

Case Number: 21STCV33984    Hearing Date: January 4, 2024    Dept: 61

April Robles’ Motion to be Appointed Successor in Interest to Plaintiff Maria Refugio is GRANTED.

Plaintiff to give notice.

I.                   MOTION FOR SUBSTITUTION OF PLAINTIFF

 “[A] cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period.” (Code Civ. Proc. 377.20, subd. (a).) “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.)

(a)   The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state 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.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.

(Code Civ. Proc. § 377.32.)

The present motion addresses the death of Plaintiff Maria Refugio on March 29, 2023, and is brought by April Robles, her niece, to succeed to Plaintiff’s causes of action in this matter. (Motion Exh. A.) The motion includes a declaration from Robles that is in compliance with Code of Civil Procedure § 377.32. No opposition has been filed.

 The motion is GRANTED.