Judge: Mark A. Young, Case: 19SMCV01483, Date: 2024-11-22 Tentative Ruling

Case Number: 19SMCV01483    Hearing Date: November 22, 2024    Dept: M

CASE NAME:           Fortier, et al., v. Laberge, et al.

CASE NO.:                19SMCV01483

MOTION:                  Motion to Substitute Party

HEARING DATE:   11/22/2024

Legal Standard

“[A] cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.” (CCP, § 377.40.) After the death of a defendant, the court, on motion, shall allow a pending action that does not abate to be continued against the decedent’s personal representative or successor-in-interest, “except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.” (CCP § 377.41.) Probate Code section 9370 sets forth the conditions that must be satisfied before an action may be continued against the decedent’s personal representative. 

ANALYSIS

Plaintiffs/Cross-Defendants Chandra Fortier and Jason Laberge move to substitute Defendant/Cross-Complainant Pamela McCarthy with McCarthy’s daughter, Janelle D. Shawver, as administrator of the estate of McCarthy. Plaintiffs explain that the parties settled this matter on March 25, 2023. (Anaya Decl., Ex. A.) On May 28, 2023, McCarthy died. Shawver was appointed the administrator of the estate. (Id., Ex. B [Probate court order in case no. 23STPB06867].) Accordingly, the unopposed motion is GRANTED.