Judge Jill Feeney, Case 21STCV17701 2023-02-03 Tentative Ruling

Department 30, Spring Street Courthouse

Motion for Leave to Substitute the Estate of Miles Joseph Devine in Place of Miles Joseph Devine as Defendant filed by Plaintiffs

The motion is granted.

Plaintiff shall file and serve an amended complaint naming as defendant Estate of Miles Joseph Devine, Deceased within 20 days after the date of this order.

Plaintiff shall serve the complaint on the person designated in writing by the Insurer or if there is none, the Insurer.

This is an action for negligence arising from a vehicle collision which took place in May 2019. Plaintiffs Daniel Lopez and Irma Romero filed their Complaint against Defendant Miles Joseph Devine on May 11, 2021.

On September 9, 2022, Plaintiffs filed the instant motion to substitute the Estate of Miles Joseph Devine as Defendant.

Plaintiffs move to substitute the Estate of Miles Joseph Devine as Defendant pursuant to Code of Civil Procedure Sections 377.40 and 377.41 on the grounds that Devine is deceased.

Generally, an action against a decedent’s personal representative may only be continued if a probate claim is first filed with and rejected by the decedent’s personal representative. (Code Civ. Proc., § 377.41; Prob. Code, § 9370.) However, “a probate claim [is] not required to maintain a civil action for an obligation of the decedent to the extent it is covered by the decedent’s liability insurance.” (Estate of Prindle (2009) 173 Cal.App.4th 119, 128-29; see also Prob. Code, § 9390.)

Probate Code section 550 states that “[a]n action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest.” (Prob. Code, § 550.) “An action under this chapter shall name as the defendant, ‘Estate of (name of decedent), Deceased.” (Id., § 552.) “Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. (Id.) “Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative.” (Id.) “[U]nless the personal representative is joined and the plaintiff files a creditor’s claim against the estate, the judgment in an action under Probate Code section 550 cannot exceed the limits of the insurance coverage.” (Estate of Prindle, supra, 173 Cal.App.4th at 129 (citing Probate Code § 554); see also Prob. Code § 9390(b).)

Plaintiffs move for leave to substitute the Estate of Miles Joseph Devine as Defendant in this action on the grounds that Miles Joseph Devine is deceased. Plaintiffs’ counsel testifies that Plaintiffs seek compensation solely from the automobile liability insurance policy that Defendant had in effect at the time of the collision. (Yaghoobian Decl., ¶5.) Plaintiffs state that Devine was covered by an insurance policy with State Farm Insurance at the time of the collision. (Motion, p.5.)

The motion is granted.