Judge: Lee W. Tsao, Case: 22STCV22429, Date: 2023-01-24 Tentative Ruling

Case Number: 22STCV22429    Hearing Date: January 24, 2023    Dept: C

WRISK v. DAVITA, INC.

CASE NO.:  22STCV22429

HEARING: 1/24/23 @ 1:30 PM

#3

TENTATIVE RULING

Defendants Dawn Wrist and Lori Rouse’s unopposed motion to realign defendant-heirs is GRANTED.

Moving Parties to give NOTICE.

Defendants Dawn Risk and Lori Rouse move to be realigned as Plaintiffs pursuant to CCP § 382.

“If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.”  (CCP § 382.)

An heir named as a defendant in a wrongful death action is, in reality, a plaintiff. (Hall v. Superior Court (2003) 108 Cal.App.4th 706).  Wrongful death actions pursuant to Code of Civil Procedure section 377 are single, joint and indivisible, and generally all the heirs must be a party.  (Herbert v. Superior Court (1985) 169 Cal.App.3d 717).

Moving Defendants were improperly named as Defendant-Heirs in this action because their consent had not been obtained to be joined as Plaintiffs.  Defendants Dawn Risk and Lori Rouse now move to be realigned as Plaintiffs.

Accordingly, the motion is GRANTED.  There is no opposition.