On August 17, 2020, plaintiff Arlene Hernandez (“Plaintiff or Decedent”) filed this action against defendants ABF Freight System, Inc. and John Doe arising from a motor vehicle collision that occurred on June 25, 2019.  On December 29, 2020, Plaintiff amended the complaint to name Arcbest II, Inc. as Doe 1.  On February 1, 2021, Plaintiff amended the complaint to add Carlos Doe as Doe 2. On August 27, 2021, Plaintiff amended the complaint to add Carlos Castillo-Vallejo as Doe 3.  

On August 3, 2022, ABF Freight System, Inc., Arcbest II, Inc., and Carlos Castillo Vallejo (collectively, “Defendants”) filed a notice stating that Plaintiff passed away on or about the week of May 9, 2022.  On September 9, 2022, the Court granted Defendants’ ex parte application to vacate the final status conference and trial date due to Plaintiff’s death and the absence of any motion to substitute a successor-in-interest.  

On November 29, 2022, Decedent’s counsel filed a motion to substitute “Jennie Celena Momtano” and Lona Rose Lupica (collectively, “Moving Parties”) as Decedent’s successors-in-interest.  On December 16, 2022, the Court found there were concerns about the legitimacy of Jennie and Lona’s declarations and denied the motion.  Specifically, the motion and accompany declarations identified “Jennie Celena Momtano” as one of Plaintiff’s daughters.  Defendant submitted deposition testimony in opposition wherein Decedent identifies her daughter as “Jennie Montono.”  Further, Lona’s declaration did not appear to be signed. 

On February 14, 2022, Decedent’s counsel filed this motion to substitute “Jennie Celina Montano” and Lona Rose Lupica as Decedent’s successors-in-interest.  The motion is unopposed.  

“A pending action or proceeding does not abate by the death of a party if the cause of action survives.”  (Code Civ. Proc., § 377.21.)  “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.)  

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 shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating: (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, (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,” and (7) the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32.)  

A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.¿ (Code Civ. Proc., § 377.32, subd. (c).) 

Upon review of the papers, the Court finds Decedent’s counsel makes a sufficient showing that Jennie Celina Montano and Lona Rose Lupica are Decedent’s successors-in-interest.  Jennie and Lona submit declarations that now comply with the requirements of Code of Civil Procedure section 377.2.   

Accordingly, the unopposed motion to substitute Jennie Celina Montano and Lona Rose Lupica as successors-in-interest to Decedent Arlene Ann Hernandez is GRANTED.  Jennie Celina Montano and Lona Rose Lupica are substituted as plaintiffs in place of Decedent Arlene Ann Hernandez. 

Moving party to give notice.