Judge: Lee W. Tsao, Case: BC667792, Date: 2023-01-04 Tentative Ruling

Case Number: BC667792    Hearing Date: January 4, 2023    Dept: C

YI v. JSGS PARTNERS LLC

CASE NO.: BC667792

HEARING:  01/04/23

#10

TENTATIVE RULING

The Status Conference Re: Substitution of Plaintiff is CONTINUED to Wednesday, February 1, 2023 at 1:30 p.m. in Dept. SE-C. 

Plaintiff to give notice.

C.C.P. §368.5 provides, as follows: “An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.”

To date, no Application for Order Substituting as Successor-in-Interest for Deceased Plaintiff Raymond Yi has been filed/lodged with this Court.

The instant status conference is CONTINUED as indicated above. All other hearing/trial dates remain on calendar as scheduled.

Further, the Court has reviewed Plaintiff’s Notice of Ruling with respect to the Ex Parte hearing that occurred on October 26, 2022 and Defendant DONG HYUN BAIK’s Objections thereto. The Court’s October 26, 2022 Minute Order does not state that this case is stayed pending the substitution of party plaintiff. However, the October 26, 2022 Minute Order does state that “[t]he 5 year statute on this action is tolled pursuant to Code of Civil Procedure 583.340.”) (10/26/22, Min. Order.) Indeed, given the death of Plaintiff Raymond Yi, “[b]ringing the action to trial… [is] impossible, impracticable, or futile.” (CCP §583.340(c).)