Judge: Kerry Bensinger, Case: 21STCV06760, Date: 2023-09-12 Tentative Ruling

Case Number: 21STCV06760    Hearing Date: September 12, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 12, 2023                           TRIAL DATE:  Vacated

CASE:                                Maurice Claff v. Sprouts Farmers Markets, Inc., et al.

CASE NO.:                 21STCV06760

MOTION FOR APPOINTMENT OF SUCCESSOR IN INTEREST

MOVING PARTY:               Petitioner Nancy Claff

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On February 19, 2021, Plaintiff, Maurice Claff, initiated this action against Defendants, Sprouts Farmers Markets, Inc., Sprouts Farmers Markets, and LA Canada Holdings, for injuries Plaintiff sustained in a slip and fall on Defendants’ premises.   

            On March 17, 2021, Plaintiff passed away.

            On June 16, 2023, Petitioner, Nancy Claff, Plaintiff’s wife, filed this motion for an order to appoint herself as Plaintiff’s Successor-in-Interest. 

            The motion is unopposed.

II.        LEGAL STANDARD

            “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).) 

III.      DISCUSSION

            Upon review of the papers, the Court finds the Declaration of Nancy Claff complies with the requirements of Code of Civil Procedure section 377.32.  Accordingly, Petitioner makes a sufficient showing that she is Plaintiff’s successor-in-interest.

IV.       CONCLUSION 

The unopposed motion is GRANTED.  Nancy Claff is appointed as Plaintiff’s Successor-in-Interest.

Moving party to give notice. 

Dated:   September 12, 2023                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.