Judge: Holly J. Fujie, Case: 24STCV01210, Date: 2024-12-19 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: 24STCV01210    Hearing Date: December 19, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Non-Party Gabriela Herrera (“Mrs. Herrera”)

RESPONDING PARTY: None.

            The Court has considered the moving papers. No opposition or reply has been filed.

BACKGROUND

             This is personal injury action arising from a motor vehicle collision. On January 17, 2024, Plaintiffs Alberto Herrera Hernandez and Howard Herrera (collectively, “Plaintiffs”) filed the operative complaint (the “Complaint”) against Defendants Oksana Germain, Paul Germain (collectively, “Defendants”) and Does 1 through 20 alleging causes of action for: (1) negligence; and (2) motor vehicle owner liability [Vehicle Code § 17150].

            On November 20, 2024, Mrs. Herrera filed the instant motion to be appointed as the successor-in-interest of Plaintiff Alberto Herrera Hernandez. No opposition or reply has been filed.

DISCUSSION

            “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 of Civil Procedure (“CCP”), § 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.  (CCP, § 377.31.) 

The person who seeks 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) “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) “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 statements are true, under penalty of perjury.  (CCP, § 377.32 subds. (a)(1)-(7).)

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

Mrs. Herrera, as Plaintiff Alberto Herrera Hernandez’s successor-in-interest has filed a declaration that states: (1) the decedent’s name; (2) the date and place of decedent’s death; (3) “No proceedings are pending in California for the administration of my husband’s estate. My husband also did not have a designated personal representative;” (4) decedent’s estate has not been administered; (5) the declarant is the decedent’s successor in interest; (6) no other person has a superior right to commence or be substituted for the decedent in the pending  action or proceeding; and (7) the statements are true, under penalty of perjury. (Mot., Ex. A, Herrera Decl.; CCP § 377.32 subd. (a)(1)-(7).)

Mrs. Herrera has also attached a certified copy of Alberto Herrera Hernandez’s death certificate. (Mot., Ex. A, Herrera Decl., Ex. A; CCP § 377.32 subd. (c))

Accordingly, Mrs. Herrera has satisfied the requirements of CCP section 377.32.

The Motion to Appoint Non-Party Gabriela Herrera as Successor in Interest of Plaintiff Alberto Herrera Hernandez is GRANTED.

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 19th day of December 2024