Judge: Lee W. Tsao, Case: BC667792, Date: 2023-03-02 Tentative Ruling

Case Number: BC667792    Hearing Date: March 2, 2023    Dept: C

YI v. JSGS PARTNERS LLC

CASE NO.: BC667792

HEARING:  03/02/23

#6

TENTATIVE RULING

     I.        Defendant DONG HYUN BAIK’s Motion for Summary Judgment or in the Alternative Summary Adjudication is CONTINUED to Thursday, May 11, 2023 at 1:30 p.m. in Dept. SE-C. 

    II.        The Status Conference Re: Substitution of Plaintiff is CONTINUED to Thursday, May 11, 2023 at 1:30 p.m. in Dept. SE-C. 

  III.        On the Court’s own Motion, the Court sets Defendant DONG HYUN BAIK’s Motion to Dismiss for hearing on Thursday, May 11, 2023 at 1:30 p.m. in Dept. SE-C. Moving Papers, Opposition, and Reply are to be filed and served per Code in accordance with the May 11, 2023 hearing date.

Defendant Dong Hyun Baik 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 and the pending Motion for Summary Judgment/Adjudication are CONTINUED as indicated above.

Due to the lack of notice to all parties, the Court declines to either exercise its discretion to dismiss this action on its own Motion on the basis of a delay in prosecution at this time, or entertain related arguments. However, the Court exercise its discretion and sets Defendant DONG HYUN BAIK’s Motion to Dismiss on calendar for hearing as indicated above to determine whether this action should be dismissed.