Judge: Lee W. Tsao, Case: 22NWCV01107, Date: 2023-08-08 Tentative Ruling

Case Number: 22NWCV01107    Hearing Date: April 18, 2024    Dept: C

YEH v. OXY-HEALTH, LLC

CASE NO.:  22NWCV01107

HEARING:  04/18/24

#1

Plaintiff’s unopposed Motion Substitute a Successor-In-Interest for Deceased Defendant SAMIR PATEL is GRANTED.

Moving Party to give Notice.

It is ORDERED that MAYUR SAMIR PATEL, personal representative for Deceased Defendant SAMIR PATEL, be substituted as Defendant in the place and stead of Decedent Samir Patel.

“A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (CCP §377.21.) A cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest. (CCP §377.40). After a defendant dies, the court shall allow the pending action to continue upon motion. (CCP §377.41.)

CCP §377.41 states: “On motion, the Court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with part 4… of Division 7 of the Probate Code governing creditor claims is first made.”

The Court has reviewed the Declaration of Anthony A. Liberatore. The unopposed Motion is GRANTED.