TENTATIVE RULING 

Plaintiff Georgianne Levangie’s Motion to Substitute Georgianne Levangie in Place of Deceased Plaintiff, Christophe Elise is GRANTED. 

Plaintiff Georgianne Levangie to give notice. 

REASONING 

Plaintiff Georgianne Levangie (“Levangie”) moves the Court to be substituted in this case as the successor in interest to Plaintiff Christophe Elise (“the decedent”). Levangie represents that no proceeding is now pending in California for the administration of the decedent’s estate, Levangie was married to the decedent at the time of his death, she is the successor in interest to the decedent’s property, and no other person has a superior right to the decedent’s interest in the described property, i.e., the decedent’s claims in this action and any related damages claims.

Code of Civil Procedure section 377.31 provides that “[o]n motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.” Code of Civil Procedure section 377.32 sets forth the requirements that must be met before a person is substituted to continue a pending action; specifically, the moving party must execute and file an affidavit or declaration under penalty of perjury providing certain specific information, accompanied by a certified copy of the decedent’s death certificate.

Levangie has filed the required declaration pursuant to Code of Civil Procedure section 377.32 with all required information, and no party challenges Levangie’s right to substitute in this action as the decedent’s successor in interest. Thus, Plaintiff Georgianne Levangie’s Motion to Substitute Georgianne Levangie in Place of Deceased Plaintiff, Christophe Elise is GRANTED. The Court makes no findings herein as to Levangie’s capacity to continue the individual causes of action alleged in the complaint; the Court will address such issues, if any, pursuant to a demurrer or dispositive motion at a later juncture.