Judge: Lisa R. Jaskol, Case: 23STCV23119, Date: 2024-07-01 Tentative Ruling

Case Number: 23STCV23119    Hearing Date: July 1, 2024    Dept: 28

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

BACKGROUND 

On September 25, 2023, Plaintiff William David Martinez (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority (“Metro”), City of Los Angeles (“City”), County of Los Angeles (“County”), the State of California, the California Department of Transportation, and Does 1-50 for premises liability. 

On November 8, 2023, the County filed an answer. 

Also on November 8, 2023, Defendant The People of the State of California, acting by and through the Department of Transportation, erroneously sued as “State of California, a public entity; California Department of Transportation, a public entity” (“State”) filed an answer.  On June 14, 2024, the Court dismissed the State without prejudice at Plaintiff’s request. 

On December 6, 2023, the Court dismissed the City without prejudice at Plaintiff’s request. 

Also on December 6, 2023, Plaintiff amended the complaint to add Defendant Maltzman Properties II LP Et Al C/O David H. Maltzman as Doe 1 and Shane, John L Tr Shane Fam Trust as Doe 2. 

On December 7, 2023, Metro filed an answer. 

On April 29, 2024, Plaintiff filed a motion for appointment of a successor in interest, to be heard on July 1, 2024. 

Trial is currently scheduled for March 24, 2025. 

REQUEST 

Betty Darlen Martinez asks the Court to substitute her into the case as Plaintiff’s successor in interest. 

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 Civ. Proc., § 377.31.) 

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 November 13, 2023, after filing this action.  Betty Darlen Martinez is Plaintiff’s mother.  Betty Darlen Martinez’s declaration satisfies the requirements of Code of Civil Procedure section 377.32.  Plaintiff's death certificate is attached as Exhibit B to counsel's declaration.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Betty Darlen Martinez’s motion to substitute into the case as successor in interest to Plaintiff William David Martinez. 

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.