Judge: Lisa R. Jaskol, Case: 21STCV22184, Date: 2023-07-10 Tentative Ruling

Case Number: 21STCV22184    Hearing Date: July 10, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On June 15, 2021, Plaintiff Carol Helferich (“Plaintiff”) filed this action against Defendants Six Flag Entertainment Corporation (“Six Flags”) and Magic Mountain LLC (“Magic Mountain”) for negligence and premises liability. 

On August 26, 2021, the clerk entered default against Six Flags. The Court set aside the default on October 7, 2021. 

On September 21, 2021, Magic Mountain filed an answer. 

On April 26, 2023, Heather Rallonza (“Successor”) filed a motion for leave to substitute her as successor in interest for Plaintiff. No opposition has been filed.

SUCCESSOR’S REQUEST 

Successor Heather Rallonza requests that the Court substitute her as successor in interest in place of Plaintiff, who passed away after filing the action. 

LEGAL STANDARD 

Code of Civil Procedure section 377.31 provides: “On 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.” 

DISCUSSION 

Plaintiff passed away on January 3, 2023, after commencing this action. Successor is Plaintiff's daughter. No other person has a superior right to be substituted for Plaintiff.  (Declaration of Heather Rallonza, ¶ 6.)  Successor is the appropriate successor in interest under Code of Civil Procedure section 377.31. The Court grants the motion. 

CONCLUSION 

Heather Rallonza’s motion for leave to substitute her as successor in interest is GRANTED. Heather Rallonza is substituted for Plaintiff. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.