Judge: Lee S. Arian, Case: 23ETCV16094, Date: 2024-06-07 Tentative Ruling

Case Number: 23ETCV16094    Hearing Date: June 7, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION FOR SUBSTITUTION 

Hearing Date: 6/7/24¿ 

CASE NO./NAME: 23STCV16094 WILLIAM DAVID MARTINEZ vs LOS ANGELES COUNTY METROPOL

Moving Party: Plaintiff 

Responding Party: Unopposed 

Notice: Sufficient¿ 

Ruling: MOTION FOR SUBSTITUTION IS GRANTED 

Legal Standard

“A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc., § 377.21.) “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.)

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 shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating:

(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,” and (7) the statements are true, under penalty of perjury. (Code Civ. Proc., § 377.32.)

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

Discussion

Plaintiff WILLIAM DAVID MARTINEZ passed away on November 13, 2023, and now Betty Darlen Martinez, Plaintiff’s mother and successor in interest, moves the court to substitute herself in place of her son in the present case.

The court examined the filing and found that the successor in interest has filed a declaration fulfilling all the requirements under CCP § 377.32. A certified copy of decedent’s death certificate is also attached. Thus, the present motion is GRANTED.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.