Judge: Kevin C. Brazile, Case: 21STCV19966, Date: 2023-01-10 Tentative Ruling

Hearing Date: January 10, 2023

Case Name: Pappas v. Namazikhah DMD, Inc., et al.

Case No.: 21STCV19741

Matter: Motion to Substitute Successor In Interest

Moving Party: Tony Protopappas 

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Tony Protopappas seeks to substitute in as plaintiff for Kosmas Pappas, who has passed away. 

Code Civ. Proc. § 377.31 states, “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. § 377.32(a) states in relevant part:

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.”

Because the requirements of Code Civ. Proc. § 377.32 have been met here (see Protopapas Decl. ¶¶ 1-8), the Motion is granted.  (Code Civ. Proc. § 377.31.)

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.