Judge: Lee W. Tsao, Case: BC667792, Date: 2023-02-15 Tentative Ruling

Case Number: BC667792    Hearing Date: February 15, 2023    Dept: C

YI v. JSGS PARTNERS LLC

CASE NO.: BC667792

HEARING:  01/15/23

#7

TENTATIVE RULING

The Status Conference Re: Substitution of Plaintiff is CONTINUED to Thursday, March 2, 2023 at 1:30 p.m. in Dept. SE-C. 

Plaintiff to give notice.

A cause of action does not abate by reason of the plaintiff’s death. (CCP §377.21.) The Court may make appropriate orders substituting the decedent’s personal representative or successor in interest as the plaintiff on claims belonging to the decedent. (CCP §377.33.) The successor in interest must execute and file a declaration in statutory form. (CCP §377.32.) Nothing in the statute specifies a timeline pursuant to which the foregoing acts must be taken. However, “[t]he court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.” (CCP §583.410(a).)

This status conference was originally set for hearing on January 4, 2023, but was continued because no application(s) to substitute as successor-in-interest had been filed.

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

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