Judge: Lee S. Arian, Case: 21STCV16496, Date: 2023-11-15 Tentative Ruling

Case Number: 21STCV16496    Hearing Date: November 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: The Estate of Ciriaco Garcia Lopez (the “Estate”)  

RESPONDING PARTY: N/A  

I.            INTRODUCTION

This action arises from a motor vehicle accident that occurred on November 27, 2019. Plaintiff Ciriaco Lopez Garcia (“Plaintiff”) filed a complaint against Defendants Hongyan Ding and Does 1 to 20, alleging causes of action for motor vehicle and general negligence.

On October 23, 2023, the Estate of Ciriaco Garica Lopez (the “Estate”) filed and served a motion (the “Motion”) for an order granting the substitution of the successor-in-interest, Irene Segovia (“Segovia”), for Plaintiff who is deceased.

The Motion is made on the grounds that Plaintiff commenced this action prior to his death and later passed away. Plaintiff’s girlfriend, Segovia, seeks to become the successor-in-interest.

The Motion is unopposed. Any opposition to the Motion was required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b).  

II.          LEGAL STANDARD

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 decedent’s successor in interest means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action. (Code Civ. Proc. § 377.11.)

Code of Civil Procedure § 377.32 provides the following: 

1. 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: 

1. “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.” 

2. “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.” 

2. Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact. 

3. A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. 

III.        DISCUSSION

In support of the Motion, the Estate presents the declaration of counsel, Kamran Behnam (“Behnam”), who declares that there are no proceedings now pending in California for administration of the decedent’s estate. (Behnam Decl., ¶ 3.) Behnam attests that Plaintiff passed away on December 12, 2022. (Id., ¶ 4.) At the time of his death, Plaintiff had no issue or survivors and was in an eight-year relationship with Segovia. (Id., ¶ 5.) Plaintiff is survived by Segovia. (Id.) Counsel declares that Segovia is Plaintiff’s next of kin and is the proper and only successor-in-interest. (Id.) Counsel also states that “Ms. Vega has since come forward as the appropriate party to become her late boyfriend’s successor-in interest.” (Id.)

The Court finds that the Estate has not met the requirements of California Code of Civil Procedure, Section 377.32. While an Affidavit of Heirship[1] from Segovia (“Affidavit”) is attached to the Motion, such affidavit does not appear to be signed by Segovia. The signature line is blank but it appears that an electronic signature may have been attempted to be effectuated.

Moreover, the Court finds that the Affidavit conflicts with the declaration of counsel. While Segovia seeks to become the successor-in-interest, the declaration of counsel references another party, Ms. Vega, as the appropriate party to become Plaintiff’s successor-in-interest. Due to the inconsistencies in counsel’s declaration, the Court cannot ascertain whether Segovia or another party is the appropriate successor-in-interest.

Also, the Motion is deficient because a certified copy of Plaintiff’s death certificate was not attached to neither the declaration of Behnam nor the Affidavit and is not compliant with Code Civ. Proc. § 377.32(c). Furthermore, neither the declaration of Behnam nor the Affidavit provides that “[n]o other person has a superior right . . . to be substituted for the decedent in the pending action or proceeding” as required by Code Civ. Proc. § 377.32(a)(6).

In sum, the Estate failed to comply with Code Civ. Proc. § 377.32.

Accordingly, the Court DENIES the Motion WITHOUT PREJUDICE.  

IV.     CONCLUSION

The Motion is DENIED WITHOUT PREJUDICE.  

Moving party is ordered to give notice of this ruling.

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.

      Dated this 15th day of November 2023