Judge: Kristin S. Escalante , Case: 20STCV47614, Date: 2023-06-29 Tentative Ruling
Case Number: 20STCV47614 Hearing Date: June 29, 2023 Dept: 24
NATURE OF PROCEEDINGS: Hearing on Motion - Other to
Substitute Successors In Interest of Deceased Plaintiff Todd Ary As Plaintiffs
The
above-captioned matters are called for hearing.
The Court has
read the moving papers in the above-captioned motion and announces its
tentative rulings in open Court.
The unopposed Notice
of Motion and Motion to Substitute Successors In Interest of Deceased Plaintiff
Todd Ary As Plaintiffs, ID: 713844150012 filed by Plaintiff Todd Ary on
05/31/2023 is GRANTED.
Plaintiff Todd
Ary (“Decedent”) died in Los Angeles California on February 19, 2023. Todd Ary,
Jr. (“Todd Jr.”) and Ariah Alyse Ary (“Ariah”) (collectively “Successors”) are
Decedent’s children and successors in interest. Successors move for an order
substituting themselves as Plaintiff in place of Decedent. (Notice of Mtn., at
p. 2.)
“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.) A
person seeking to continue a pending action must file a declaration including (1)
decedent’s name, (2) decedent’s place and date of death, (3) that “[n]o
proceeding is no pending in California for the administration of decedent’s
estate”, (4) if decedent’s estate was administered then a copy of the final
order showing the distribution, (5) either that declarant is decedent’s
successor in interest or is authorized to act on behalf of the successor in
interest, (6) “[n]o 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) “[t]he 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.” (Code Civ. Proc., §377.32 subd., (a) [“Section 377.32”].)
Here, Successors submit a single declaration signed by Todd
Jr., Ariah, and Ariah’s mother Tiosha Starks (“Starks”). The declaration
contains all the necessary components under Section 377.32. It also attaches the
Death Certificate of Decedent. (Decl., ¶8, Ex. 3.) Additionally, the
declaration states that Starks will request the Court appoint Starks as a
guardian ad litem (“GAL”) for Ariah—a minor—with respect to Decedent’s
interest. (Decl., ¶6, Ex. 2 [“GAL Application”])
Accordingly,
the motion is granted.
Moving party is directed to give notice.
NATURE OF PROCEEDINGS: Hearing on Motion - Other to
Substitute Successors In Interest of Deceased Plaintiff Todd Ary As Plaintiffs
The
above-captioned matters are called for hearing.
The Court has
read the moving papers in the above-captioned motion and announces its
tentative rulings in open Court.
The unopposed Notice
of Motion and Motion to Substitute Successors In Interest of Deceased Plaintiff
Todd Ary As Plaintiffs, ID: 713844150012 filed by Plaintiff Todd Ary on
05/31/2023 is GRANTED.
Plaintiff Todd
Ary (“Decedent”) died in Los Angeles California on February 19, 2023. Todd Ary,
Jr. (“Todd Jr.”) and Ariah Alyse Ary (“Ariah”) (collectively “Successors”) are
Decedent’s children and successors in interest. Successors move for an order
substituting themselves as Plaintiff in place of Decedent. (Notice of Mtn., at
p. 2.)
“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.) A
person seeking to continue a pending action must file a declaration including (1)
decedent’s name, (2) decedent’s place and date of death, (3) that “[n]o
proceeding is no pending in California for the administration of decedent’s
estate”, (4) if decedent’s estate was administered then a copy of the final
order showing the distribution, (5) either that declarant is decedent’s
successor in interest or is authorized to act on behalf of the successor in
interest, (6) “[n]o 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) “[t]he 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.” (Code Civ. Proc., §377.32 subd., (a) [“Section 377.32”].)
Here, Successors submit a single declaration signed by Todd
Jr., Ariah, and Ariah’s mother Tiosha Starks (“Starks”). The declaration
contains all the necessary components under Section 377.32. It also attaches the
Death Certificate of Decedent. (Decl., ¶8, Ex. 3.) Additionally, the
declaration states that Starks will request the Court appoint Starks as a
guardian ad litem (“GAL”) for Ariah—a minor—with respect to Decedent’s
interest. (Decl., ¶6, Ex. 2 [“GAL Application”])
Accordingly,
the motion is granted.
Moving party is directed to give notice.