Judge: Lisa R. Jaskol, Case: 21STCV35707, Date: 2024-12-30 Tentative Ruling
Case Number: 21STCV35707 Hearing Date: December 30, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 28, 2021, Plaintiff Juanita Patrick (“Plaintiff”) filed this action against Defendants CVS Pharmacy, Inc. and Does 1-50 for negligence and premises liability.
On November 24, 2021, Defendant Garfield Beach CVS, L.L.C. (erroneously sued as CVS Pharmacy, Inc.) filed an answer.
On September 1, 2023, Plaintiff filed a notice of settlement.
On October 28, 2024, Plaintiff filed a motion for an order to appoint decedent’s successors in interest to continue the action. The motion was set for hearing on December 30, 2024. No opposition has been filed.
No trial date is currently scheduled.
PLAINTIFF’S REQUEST
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 decedent's personal representative or, if none, by the decedent's successor-in-interest.”
Code of Civil Procedure section 377.32 provides:
“(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:
“(1) The decedent’s name.
“(2) The date and place of the decedent’s death.
“(3) 'No proceeding is now pending in California for administration of the decedent’s estate.'
“(4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.
“(5) Either of the following, as appropriate, with facts in support thereof:
“(A) 'The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.'
“(B) 'The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.'
“(6) 'No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.'
“(7) 'The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.'
“(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.
“(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.”
(Code Civ. Proc., § 377.32.)
DISCUSSION
Plaintiff passed away on May 23, 2023, after filing this action. Linda Patrick, Francesca Gama, Frank Patrick, and Ben Aguilar are Plaintiff’s siblings. The declaration of Linda Patrick, Francesca Gama, Frank Patrick, and Ben Aguilar satisfies the requirements of Code of Civil Procedure section 377.32. The Court grants the motion and appoints Linda Patrick, Francesca Gama, Frank Patrick, and Ben Aguilar successors-in-interest to Plaintiff.
CONCLUSION
The Court GRANTS Plaintiff Juanita Patrick’s motion to substitute Linda Patrick, Francesca Gama, Frank Patrick, and Ben Aguilar into the case as successors-in-interest to Plaintiff Juanita Patrick. Linda Patrick, Francesca Gama, Frank Patrick, and Ben Aguilar are substituted into the case as successors-in-interest to Plaintiff Juanita Patrick.
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.