Judge: Katherine Chilton, Case: 19STCV34317, Date: 2022-10-17 Tentative Ruling

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Case Number: 19STCV34317    Hearing Date: October 17, 2022    Dept: 25

PROCEEDINGS:      MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST

MOVING PARTY:   Plaintiff’s Successor in Interest, Tia Stewart

RESP. PARTY:         None

MOTION TO SUBSTITUTE SUCCESSOR IN INTEREST

(CCP §§ 377.31, 377.32, et seq.)

TENTATIVE RULING:

Plaintiff’s Motion to Substitute Tia Stewart as Successor in Interest to Deceased Plaintiff Ciara Steadman is GRANTED.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of October 12, 2022                      [   ] Late                      [X] None

REPLY:                     None filed as of October 12, 2022                      [   ] Late                      [X] None

ANALYSIS:

I.                Background

On September 25, 2019, Plaintiff Ciara Steadman (“Plaintiff”) filed a complaint against Defendants David Service Station, Inc. (“David”), Nam Chung (“Nam”), and Eung K. Chung (“Eung”), (collectively “Defendants”) for general negligence and premises liability, arising out of an alleged slip and fall accident.  On March 4, 2020, Defendants, collectively, filed an Answer to the Complaint denying all allegations in the Complaint.

On March 15, 2021, Plaintiff filed an Ex Parte Application to Substitute Estate of Ciara Steadman for Deceased Plaintiff Ciara Steadman.  The Court denied Plaintiff’s Ex Parte Application.  (3-15-21 Minute Order.)

On September 27, 2021, the Court granted Defendants’ Motion to Reclassify the case as a limited civil case, filed on August 12, 2021.  (9-27-21 Minute Order.)

On July 25, 2022, Plaintiff filed the instant Motion to Substitute Tia Stewart, As Successor in Interest, to Deceased Plaintiff Ciara Steadman (“Motion”).  On August 19, 2022, the Court, on its own motion, continued the hearing on the Motion to September 14, 2022.  (8-19-22 Minute Order.)

On September 14, 2022, the Court found that the Motion contained several deficiencies and continued the hearing to allow Plaintiff to cure the deficiencies.  (9-14-22 Minute Order.)  On September 26, 2022, Plaintiff filed additional papers.

No opposition has been filed.

II.              Legal Standard

“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 the decedent’s personal representative or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc. § 377.31.)

Code of Civil Procedure § 377.32 provides the following:

(a)   The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

(1)   The decedent’s name.

(2)   The date and place of the decedent’s death.

(3)   “No proceeding is now pending in California for administration of the decedent’s estate.”

(4)   If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.

(5)   Either of the following, as appropriate, with facts in support thereof:

(A)  “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.”

(B)  “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.”

(6)   “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.”

(7)   “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b)   Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c)   A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.

III.            Discussion

On September 14, 2022, the Court found that the Motion had several deficiencies and did not comply with the requirements of Code of Civil Procedure § 377.32.  First, the Declaration of Tia Stewart was not submitted under penalty of perjury.  Second, it contained statements irrelevant to the instant case, including “I, Dominique Watson, declare, as follows,” “I am the successor of interest to Plaintiff Kentha McDowell” and others.  (Stewart Decl.)  Furthermore, Exhibit 1 – Certificate of Death for Ciara Ve Jon Steadman was not attached to the Declaration as stated.  (Ibid. at ¶ 2.)  The declaration of counsel was not submitted under penalty of perjury, either.  Finally, Plaintiff had not submitted a proper Proof of Service of the moving papers.  (Mot. p. 6.)

            On September 26, 2022, Plaintiff filed an updated declaration, Notice of Motion, Motion, and Proof of Service.

            The declaration of Plaintiff’s successor in interest, Tia Stewart, is signed and submitted under penalty of perjury.  (See 9-26-22 Stewart Decl.)  It states that the decedent, Ciara Steadman, died on August 19, 2020.  (Ibid. at ¶¶ 2-3.)  A certified copy of decedent’s Certificate of Death is attached.  (Ibid. at ¶ 2, Ex. 1.)  Stewart’s declaration states that “[n]o proceeding is now pending in the State of California for the administration of the estate of CIARA STEADMAN.  My daughter died intestate, and I am her successor in interest.”  (Ibid. at ¶ 5.)  Stewart declares that she is “the successor of interest to Plaintiff CIARA STEADMAN” and succeeds  “to decedent’s interest” in the instant action.  (Ibid. at ¶ 6.)  She is “the only successors [sic] in interest to act on behalf of decedent Plaintiff CIARA STEADMAN” and she is “authorized by all other successor in interest to act on decedent’s behalf” in the instant action.  (Ibid. at ¶ 5[1].)  Finally, “[n]o other person has a superior right to be substituted for CIARA STEADMAN in the above-entitled proceeding.”  (Ibid. at ¶ 6.)

            Plaintiff’s attorney, John Rofael Esq. has also submitted a sworn declaration.  (9-26-22 Mot. p. 6.)

            Finally, Plaintiff has filed Proof of Service indicating that defense counsel was served with all documents.  (Ibid. at p. 7.)

            The Court finds that successor in interest, Tia Stewart, has complied with all statutory requirements for the instant Motion.  The Court GRANTS Plaintiff’s Motion to Substitute Tia Stewart as Successor in Interest to Deceased Plaintiff Ciara Steadman.

IV.           Conclusion & Order

For the foregoing reasons,

Plaintiff’s Motion to Substitute Tia Stewart as Successor in Interest to Deceased Plaintiff Ciara Steadman is GRANTED.

Moving party is to give notice.