Judge: Lee S. Arian, Case: 21STCV14157, Date: 2025-01-24 Tentative Ruling

Case Number: 21STCV14157    Hearing Date: January 24, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

GLORIA KAYE,

                Plaintiff,

        vs.

 

INTERINSURANCE EXCHANGE OF AUTOMOTIVE CLUB, et al.,

 

                Defendants.

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    CASE NO.: 21STCV14157

 

[TENATIVE RULKING] MOTIONS TO VACATE TRIAL DATE IS DENIED

 

Dept. 27 

1:30 p.m. 

January 24, 2025

 

 

 

 

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On April 14, 2021, Plaintiff filed the present case. In April 2024, Plaintiff passed away. To date, neither a personal representative for the estate of Gloria Kaye nor a successor in interest has been substituted into this matter as Plaintiff. Defendant moves the Court pursuant to Code of Civil Procedure sections 128(a)(8) and 377.30 to vacate the trial date scheduled for April 4, 2025.

Code of Civil Procedure section 128(a)(8) provides the Court with inherent authority to amend or modify its procedures to ensure justice and compliance with the law. However, Code of Civil Procedure section 377.30, which governs the survival of causes of action following a plaintiff's death, does not authorize the Court to vacate trial dates or deadlines. Instead, the statute provides that a cause of action survives the decedent and may be prosecuted by the personal representative or successor in interest. Thus, vacating the trial date would not align with compliance with the law.

Furthermore, this case was filed on April 14, 2021, nearly four years ago. Under California Rules of Court, rule 3.714, civil cases are generally expected to be resolved within two years. Additionally, the five-year statute of limitations under Code of Civil Procedure section 583.310 requires that an action be brought to trial within five years of its commencement. Vacating the trial date at this stage would result in an indefinite delay and would not serve the interests of justice or compliance with the law, particularly given the case's proximity to the five-year statutory deadline.

The Court finds good cause to continue the trial date for 60 days to allow Plaintiff's estate to file for substitution of a successor in interest and to file the appropriate motion for substitution. The trial is continued to ______, 2025, the FSC is continued to ______, 2025, and all pretrial deadlines shall follow the new trial date.

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’s 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. 

 

__________________________ 

Hon. Lee S. Arian  

Judge of the Superior Court