Judge: Lee S. Arian, Case: 21STCV45686, Date: 2023-11-15 Tentative Ruling

Case Number: 21STCV45686    Hearing Date: November 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION 

On December 16, 2021, Plaintiff Juan Pablo Garcia (“Plaintiff”), a minor by and through his Guardian Ad Litem, Clara Consuelo Zaragoza Velazquez, filed a complaint against Defendants Monesha Nicole Clayton (“Defendant”) and Does 1-25, alleging causes of action for general negligence and motor vehicle.

On August 28, 2023, Plaintiff filed the instant motion to continue the pending action by substituting Clara Consuelo Zaragoza Velazquez as successor in interest to deceased Plaintiff. No opposition is filed.

On October 11, 2023, the Court continued the motion to continue pending action by successor in interest to decedent, Plaintiff Juan Pablo Garcia from 10/20/2023 to 11/15/2023 at 01:30 PM in Department 27 at Spring Street Courthouse. (10/11/23 Minute Order.)

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.)

Code of Civil Procedure § 377.32 provides the following:

(a)      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.”

(b)      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.

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

III.        Discussion

          Plaintiff asks the Court to continue the pending action by substituting Clara Consuelo Zaragoza Velazquez for Plaintiff in this matter because Plaintiff has died. The Court finds that the Successor’s declaration complies with all the requirements of Code section 377.32, subdivision (a). Therefore, the motion is granted.

IV.         Conclusion

The motion to continue pending action by Plaintiff’s successor in interest is GRANTED.

Moving party to give notice.

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