Judge: Jill Feeney, Case: 20STCV48186, Date: 2022-10-18 Tentative Ruling
Case Number: 20STCV48186 Hearing Date: October 18, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 18, 2022
20STCV48186
Motion to Allow Pending Action of Decedent Orlando A. Cagatao to be Continued by His Successor in Interest Corina C. Cagatao
DECISION
The motion is granted.
Moving party to provide notice.
Background
This is an action for negligence and motor vehicle negligence arising from a vehicle collision which took place in December 2018. Plaintiffs Orlando and Corina C. Cagatao filed her Complaint against Harley Sagun Orzame on December 17, 2020.
On May 24, 2021, Plaintiff filed a First Amended Complaint.
On March 2, 2022, Plaintiff Orlando Cagatao passed away.
Summary
Moving Arguments
Plaintiff’s widow, Cornina C. Cagatao, seeks to continue this action pursuant to California Code of Civil Procedure section 377.31 as successor in interest and special administrator to the Estate of Oland Cagatao.
Opposing Arguments
None.
Legal Standard
California Code of Civil Procedure section 377.31 provides that the decedent’s personal representative or, if none, the decedent’s successor in interest may continue a decedent’s pending action. (Code Civ. Proc., § 377.30; see Adams v. Superior Court (2011) 196 Cal.App.4th 71, 78-79.) A successor in interest is 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 the cause of action. (Code Civ. Proc., § 377.11.) Section 377.33 provides that the court in which an action is continued may make any order concerning parties that is appropriate to ensure proper administration of justice, including the appointment of the decedent’s successor in interest as a special administrator or guardian ad litem.
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 certain information, including the decedent’s name, date and place of decedent’s death, and statements regarding whether the estate has been administered and that the affiant or declarant is the successor in interest on decedent’s claim. (Id., § 377.32(a).) A certified copy of the decedent’s death certificate must also be attached to the affidavit or declaration. (Id., § 377.32(c).)
Discussion
Plaintiff Corina C. Cagatao moves to continue this matter as a successor in interest to Decedent Orlando Cagatao and to be appointed as a special administrator in his estate for the purposes of pursuing his action in this matter.
Plaintiff submits an affidavit in support of her motion stating:
1. Decedent’s name is Orlando A. Cagatao (Corina Cagatao Affidavit, ¶3.)
2. Decedent passed away on March 2, 2022 at his residence at 10879 Vinedale St., Sun Valley, CA 91352 (Id., ¶5.)
3. No proceeding is now pending in California for the administration of Decedent’s estate.
4. The affiant is Decedent’s successor in interest as defined in Code Civ. Pro. Section 377.11. Additionally, no other person has a superior right to commence the action. (Id., ¶¶7-8.)
A certified copy of Decedent’s death certificate is properly attached to the affidavit.
Having met all the requirements set forth in Code Civ. Proc., § 377.11, Corina Cagatao’s motion to be substituted as a successor in interest to Orlando Cagatao is granted. The Court appoints Corina Cagatao as a special administrator to Orlando Cagatao’s estate.
