Judge: Holly J. Fujie, Case: 22TCV33255, Date: 2023-05-19 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 22TCV33255    Hearing Date: May 19, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff’s complaint (the “Complaint”) alleges claims that arise out of the purchase of an allegedly defective vehicle.  On April 12, 2023, Plaintiff filed a motion to substitute Lisa Williams (“Ms. Williams”) in her capacity as Plaintiff’s successor-in-interest as Plaintiff in this action (the “Motion”) on the grounds that Plaintiff is now deceased, and Ms. Williams is entitled to continue to prosecute the action on his behalf.

DISCUSSION

Following the death of a party, any legal action by that party may only proceed upon substitution of the decedent’s personal representative or successor in interest in her place.  (CCP §§ 377.31, 367.)  CCP section 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.  A decedent’s “successor in interest” refers to 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.  (CCP § 377.11.)

CCP section 377.32 provides that a person who seeks to commence such an action as the decedent’s successor in interest must file an affidavit or declaration providing 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 by CCP section 377.11) and succeeds to the decedent’s interest in the action or proceeding; or

(B)               The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest 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; and

(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.

 (CCP § 377.32, subd. (a).) 

 A certified copy of the decedent’s death certificate must also be attached to the affidavit or declaration.  (CCP § 377.32, subd. (c).) 

            The supporting declaration filed by Ms. Williams complies with CCP 377.32.  For this reason and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

            Dated this 9th day of May 2023