Judge: Kevin C. Brazile, Case: 22STCV36994, Date: 2023-05-16 Tentative Ruling

Hearing Date: May 16, 2023

Case Name: Glass v. MWE Live LLC, et al.

Case No.: 21STCV41821

Matter: Motion to Substitute Personal Representative

Moving Party: Plaintiff Paul Glass

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. 

Plaintiff Paul Glass seeks to substitute Kenneth Komick, as a personal representative, for  Defendant Kim Komick, who has passed away.

Code Civ. Proc. § 377.41 states, “On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.”

Part 4 of Division 7 of the Probate Code permits a pending action to be continued against the decedent’s personal representative if: (1) a creditor's claim is validly filed, (2) the claim is rejected in whole or in part, and (3) within three months of a notice of rejection, the plaintiff in fact applies for such an order.  (Prob. Code § 9370.)  If a creditor's claim is filed and served and the personal representative refuses or neglects to act on the claim within thirty days, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day.  (Prob. Code § 9256.)

Here, there is evidence that Plaintiff’s claims do not abate; that Kenneth is the personal representative for Kim’s estate; and that Plaintiff filed a creditor claim against Kim’s estate, but there was never any response.  Further, no oppositions have been filed.  Therefore, the Motion is granted.  (Code Civ. Proc. § 377.41.)

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.