Judge: Jon R. Takasugi, Case: 23STCV30116, Date: 2025-01-07 Tentative Ruling

Case Number: 23STCV30116    Hearing Date: January 7, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

The motion to substitute Sharon Hirsch in place of deceased Plaintiff is GRANTED.

On 12/8/2023, Plaintiff Michael Deeming filed suit against AIDS Healthcare Foundation and Golden Hills Towers, LLC. On 4/23/2024, Plaintiff filed a first amended complaint (FAC) against the same parties, alleging: (1) negligence; (2) intentional infliction of emotional distress; (3) breach of the implied warranty of habitability; (4) tortious breach of the warranty of habitability; (5) private nuisance; (6) breach of covenant of quiet enjoyment; (7) violation of Civil Code section 1942.4; and (9) violation of the UCL.

On 10/9/2024, the Estate of Michael Deeming moved to be substituted for deceased Plaintiff Michael Deeming.

The motion is unopposed.

Discussion

            The Estate of Michael Deeming seeks an order substituting Sharon Hirsch (Decedent’s sister) in her capacity as successor in interest of the estate of Michael Deeming, given Plaintiff’s death.

            The authority for the continuation of the survival action is found in California Code of Civil Procedure § 377.20 § 377.31. CCP § 377.20 states: “A cause of action for or against a person is not lost by reason of the person’s death...” CCP § 377.31 provides:

On motion, after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by decedent’s personal representative or, if none, by the decedent’s successor-in-interest.

            Here, the parties have begun discovery and have tentatively reached a settlement with Plaintiff’s proposed successor. As such, appointment of Plaintiff’s successor is necessary to effectuate the tentative settlement reached by the parties.

            Here, given the facts set forth by Plaintiff’s proposed successor, alongside Defendant’s non-opposition, the Court finds good cause to grant the substitution. 

            Based on the foregoing, the motion to substitute Sharon Hirsch in place of deceased Plaintiff 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.