Judge: Lynette Gridiron Winston, Case: 20PSCV00461, Date: 2025-05-06 Tentative Ruling
Case Number: 20PSCV00461 Hearing Date: May 6, 2025 Dept: 6
CASE NAME: Larry Lee v. Sharon Xia Zhang, et al.
Plaintiff’s Motion to Substitute Plaintiff and Appoint Special Administrator as Successor in Interest
TENTATIVE RULING
The Court DENIES, without prejudice, Plaintiff’s motion to appoint substitute plaintiff and appoint special administrator as successor in interest.
Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.
BACKGROUND
This is an elder abuse case. On July 16, 2020, plaintiff Larry Lee (Plaintiff) filed this action. On August 16, 2021, Plaintiff filed the operative Third Amended Complaint against defendants Sharon Xia Zhang, Oliver Chiang, Joey MA, JP Morgan Chase, N.A. (collectively, Defendants) and Does 1 through 10, alleging causes of action for elder abuse, three counts of fraud, fraudulent concealment, breach of fiduciary duty, two counts of cancellation of written instrument, quiet title, and constructive trust. The Court sustained a demurrer to the Fifth Cause of Action for fraudulent concealment on November 4, 2021, and Plaintiff did not amend. On June 14, 2022, Defendants Joey Ma and JP Morgan Chase, N.A. were dismissed with prejudice following a motion for determination of good faith settlement under Code of Civil Procedure section 877.6.
On March 17, 2021, Plaintiff moved for an order substituting Natalie Wei as Special Administrator of the Estate of Larry Lee in place of deceased Plaintiff Larry Lee per Code of Civil Procedure sections 377.31 and 377.32. The motion is unopposed.
LEGAL STANDARD
“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.” (Code Civ. Proc., § 377.31.)
“(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 seeks to substitute a successor in interest under Code of Civil Procedure sections 377.31 and 377.32 on the grounds that Plaintiff Larry Lee died on February 28, 2023, while this litigation was pending. Plaintiff indicates that on October 15, 2024, the Probate Court of for the County of San Bernardino appointed Natalie Wei (Wei) as Special Administrator of Plaintiff’s estate with specific authority to manage and continue this litigation. Plaintiff contends that Wei, as Special Administrator, is entitled to be substituted as Plaintiff in this action to protect the interests of Plaintiff’s estate. Plaintiff indicates that Wei has executed a Declaration of Successor in Interest affirming her role and legal standing in this matter. Plaintiff contends that the failure to substitute the proper estate representative could result in dismissal of claims.
The Court finds Plaintiff has not complied with the requirements of Code of Civil Procedure section 377.32. Plaintiff’s motion states that Wei executed a Declaration of Successor in Interest, but no such document is attached to the moving papers or filed with the Court’s records. (See Code Civ. Proc., § 377.32.) The Court notes that Plaintiff’s counsel filed declarations on November 22, 2024, and January 28, 2025, regarding this matter, but those are insufficient because they are not from Wei, who seeks the appointment here. (Id.) The Court also notes that both of Plaintiff’s counsel’s aforementioned declarations are deficient in other ways, including but not necessarily limited to failing to state the place of Plaintiff’s death or the statements required by subdivisions (a)(3) or (a)(6), or failing to provide a copy of Plaintiff’s death certificate. (Id.)
Based on the foregoing, the Court DENIES the motion without prejudice.
CONCLUSION
The Court DENIES, without prejudice, Plaintiff’s motion to appoint substitute plaintiff and appoint special administrator as successor in interest.
Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.