Judge: Lee S. Arian, Case: 22STCV38569, Date: 2024-02-07 Tentative Ruling

Case Number: 22STCV38569    Hearing Date: February 7, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:           Richard Casella Jr., Successor In Interest to Plaintiff

Jeffrey Richard

RESPONDING PARTY:    None

I.         BACKGROUND

On December 12, 2022, Plaintiff Jeffrey Richard Casella ("Plaintiff") filed this action against Defendants Los Angeles Department of Water and Power, City of Los Angeles, Juan Carlos Pelayo ("Pelayo"), and Does 1 through 50, asserting causes of action for (1) negligence, (2) negligence per se, and (3) violation of California Government Code sections 815.2, subdivision (a), and 820, subdivision (a).

The Complaint alleges the following. On or about February 15, 2022, Plaintiff was driving when he was hit, struck, knocked, and pushed by a vehicle owned, operated, driven, controlled, maintained, and/or managed by or on behalf of Pelayo and the Doe defendants. (Compl., ¶¶ 17-18.) The collision happened at or near the intersection of Oxnard Street and Sepulveda Boulevard in the City of Van Nuys, California. (Compl., ¶ 16.)

          On January 12, 2023, the named defendants filed their Answer.

          On November 9, 2023, Richard Casella Jr. filed the instant motion, seeking an order allowing him to be substituted as successor in interest for Plaintiff.

          As of February 3, 2024, no opposition to the motion has been filed.

II.        LEGAL STANDARD

"A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent's successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent's personal representative or, if none, by the decedent's successor in interest." (Code Civ. Proc. § 377.30.) 

California Code of Civil Procedure section 377.32, subdivision (a) states: "The person who seeks to commence an action … 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 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.'"

A certified copy of the decedent's death certificate must be attached to the declaration. (Code Civ. Proc. §§ 377.32, subd, (c).)

California Code of Civil Procedure section 377.33 enables "[t]he court in which an action is commenced . . . [to] make any order concerning parties that is appropriate to ensure proper administration of justice in the case."

III.      DISCUSSION

          The Court finds that Plaintiff's declaration complies with Code of Civil Procedure section 377.32, subdivision (a), by providing the following information: The decedent's name is Jeffrey Richard Casella. (Motion, Declaration of Richard Casella Jr. (“Casella Jr. Decl.”), ¶ 2.) The date and place of the decedent's death are June 21, 2023, in Van Nuys, County of Los Angeles, California. (Casella Jr. Decl., ¶ 2.) A statement that no proceeding is now pending in California for administration of the decedent's estate. (Casella Jr. Decl., ¶ 4.) A statement that the declarant is the decedent's successor in interest. (Casella Jr. Decl., ¶¶ 2, 4 [testifying that he is decedent's father and successor in interest].) A statement that no other person has a superior right to be substituted for the decedent in the pending action. (Casella Jr. Decl., ¶ 6.) Finally, the declarant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Casella Jr. Decl., p. 1:16-20.)

          The Court also finds that Plaintiff has complied with section 377.32, subdivision (c), by attaching a certified copy of the decedent's death certificate to her declaration. (Casella Jr. Decl., ¶ 7; Exhibit A – Certificate of Death.) 

          Accordingly, the Court grants Plaintiff's motion.

IV.      CONCLUSION

          The Motion for Continuance of Action by Successor in Interest of Plaintiff's Estate is GRANTED.

          The Court appoints Richard Casella Jr. as successor in interest of Plaintiff Jeffrey Richard Casella.

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'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.

      Dated this 7th day of February 2024