Judge: Jon R. Takasugi, Case: 23STCV01271, Date: 2025-01-16 Tentative Ruling

Case Number: 23STCV01271    Hearing Date: January 16, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Keith Sidlo’s motion for an order substituting him in the place of Riviera Property Group, LLC as the plaintiff in this action is GRANTED.

On 1/19/2023, Plaintiff Riviera Property Group, LLC (Plaintiff) initiated this action against Southland Building & Remodel, Inc., Superior Moulding, Inc., Roberto Castaneda, Fleetwood Aluminum Products, Inc., My Town Building & Remodeling, Inc., Valenzuela Drywall ,Inc., Zepeda  General Building, LLC, Juan Zepeda, and Lloyd’s of London, alleging: (1) breach of contract; (2) equitable indemnity; (3) breach of contract; (4) breach of the covenant of good faith and fair dealing; (5) declaratory relief; and (6) bad faith.

On 10/31/2024, Keith Sidlo moved the Court for order substituting him in the place of Riviera Property Group, LLC as the plaintiff in this action.

The motion is unopposed.

Discussion

Keith Sidlo seeks a Court for order substituting him in the place of Riviera Property Group, LLC as the plaintiff in this action, on the grounds that Plaintiff Riviera Property Group LLC has assigned its interest in this action to him.

Under California law, every action must be prosecuted by the real party in interest (CCP § 367). The court may allow the substitution of a new plaintiff where it is determined that the named plaintiff is not the proper party to maintain the alleged claims, provided that the amendment does not present an entirely new set of facts and the defendant is not prejudiced. (Demetriades v. Yelp, Inc. (2014) 228 Cal. App. 4th 294.)

            Here, Plaintiff submitted evidence to show that the original Plaintiff, Riviera Property Group, LLC, has assigned its interest in the claim to Mr. Sidlo. Moreover, the substitution of Mr. Sidlo as the plaintiff will not prejudice the defendants. The amendment does not present an entirely new set of facts and does not impose any additional liability on the defendant. Mr. Sidlo is simply stepping into the shoes of the original plaintiff and will prosecute the same claims.

            Based on the foregoing, Keith Sidlo’s motion for an order substituting him in the place of Riviera Property Group, LLC as the plaintiff in this action is granted.

It is so ordered.

Dated:  January    , 2025

   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.