Judge: Lee W. Tsao, Case: BC667792, Date: 2023-05-18 Tentative Ruling

Case Number: BC667792    Hearing Date: May 18, 2023    Dept: C

YI v. JSGS PARTNERS LLC

CASE NO.: BC667792

HEARING:  05/18/23

ADD ON 1

TENTATIVE RULING

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

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

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.

On May 15, 2023, an Ex Parte Application for Order Substituting Party was filed, but no Declaration regarding Notice was attached. (See CRC Rule 3.1204(b).) The Court is aware, however, that Plaintiff/Decedent’s father is now attempting to substitute into this action.

Defendant DONG HYUN BAIK’s Motion for Summary Judgment or in the Alternative Summary Adjudication is CONTINUED as indicated above in order to allow Plaintiff’s father the opportunity to properly substitute into this action, and file/serve a substantive Opposition to the subject Motion for Summary Judgment/Adjudication.

In the interests of justice, and to avoid any further delay in this case (filed on July 10, 2017), once Plaintiff’s Successor-in-Interest is properly substituted into this action, the Substantive Opposition to Defendant DONG HYUN BAIK’s Motion for Summary Judgment or in the Alternative Summary Adjudication must be filed and served by no later than May 25, 2023. Any Supplemental Reply must be filed and served by no later than May 30, 2023.