Judge: Jon R. Takasugi, Case: 23STCV01009, Date: 2024-11-13 Tentative Ruling

Case Number: 23STCV01009    Hearing Date: November 13, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Movant’s motion to be appointed successor in interest to the deceased Plaintiff is DENIED, WITHOUT PREJUDICE.

            On 1/17/2023, Plaintiff Ludella Leonard (Plaintiff) filed suit against 856 W. 42^nd Place, LLC and Brent Hogan (collectively, Defendants), alleging: (1) wrongful eviction; (2) conversion; (3) negligence; (4) violation of CCP section 789.3; (5) violation of Civil Code section 789.3; (6) elder abuse (isolation); (7) elder abuse (isolation); (8) elder abuse (financial abuse); and (9) elder abuse (financial abuse).

            On 10/7/2024, Delphine Leonard (Movant) moved for an order appointing her as successor in interest for deceased Plaintiff.

Discussion

            Movant contends that she should be appointed as successor in interest for deceased Plaintiff because Ludella Leonard died intestate, and 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. Moreover, no proceeding is now pending in California for administration of the Decedent's estate, and she succeeds Decedent Ludella Leonard’s interest in the action or proceeding (as defined in California Code of Civil Procedure § 377.11).

            However, in opposition, Defendants indicate that Movant’s motion is procedurally and substantively defective.

            As for procedural defects, CCP section 377.32 requires that a successor-in-interest’s motion be accompanied by a declaration setting forth facts in support of a finding that she is successor in interest. Here, Movant’s motion sets forth facts concerning the decedent’s information, and the procedural history of the administration of her estate, but does not set forth actual facts which could show that she is the successor in interest and that her interest is superior to all others.

            As for substantive defects, CCP. section 337.11 defines “successor in interest” as “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.” Where, as here, the decedent died without leaving a will, CCP section 337.10, subdivision (b), in turn defines “beneficiary of the decedent's estate,” in pertinent part, as “the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action” (emphasis added).

Here, Movant Delphine has two siblings, Harold and Duane Leonard. Movant has not shown why her interest, as niece of Ludella, would be superior to that of her brothers, who were nephews of Ludella. Movant must show why they are not also needed as successors in interest pursuant to CCP section 337.10, subdivision (b).

Notably, while Movant’s motion was served on Defendants’ counsel, it apparently was not served on Ludella’s nephews or other family members. Accordingly, no other family member was given an opportunity to oppose Delphine’s contentions, or to show that they have an equal interest to that of Movant.

            Based on the foregoing, Movant’s motion to be appointed successor in interest to the deceased Plaintiff is denied, without prejudice.

It is so ordered.

Dated:  November    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.