Judge: Martha K. Gooding, Case: 2020-01162031, Date: 2022-10-31 Tentative Ruling

1) Motion to Amend to Substitute Defendant

2) Case Management Conference

Christopher J. Carroll, Trustee of the Robert D. Thompson Trust (“RDT Trust”) seeks an order substituting him in as the defendant in this action in place of Robert D. Thompson, who is deceased.

The unopposed motion is GRANTED.

A pending action does not abate by reason of the death of a party if the cause of action survives. (Code Civ. Proc., § 377.21.)

On claims against a decedent, the court may order the decedent's personal representative substituted as defendant or, to the extent provided by statute, the decedent's successor in interest. (However, the court may not permit an action to be continued against decedent's personal representative unless proof of compliance with the Prob. Code § 9000, et seq. creditor claims statutes is first made.) (Code Civ. Proc., § 377.41.)

Probate Code § 19001(a) states: “Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s probate estate and to the expenses of administration of the probate estate to the extent that the deceased settlor’s probate estate is inadequate to satisfy those claims and expenses.”

Defendant Thompson passed away on December 28, 2020. (Carroll Decl., Ex. A.)  The RDT Trust is Thompson’s successor; pursuant to Probate Code § 19001(a), it is therefore liable for Thompson’s debts. 

Moving Party submits a declaration from Christopher Carroll, who declares he is the Trustee of the RDT Trust and that he agrees to substitute into this action.  He states that at the time of Thompson’s death, substantially all of Thompson’s assets were held in the Trust. (ROA 61.)  Moving Party also submits a declaration from counsel, who declares that Counsel for Plaintiff has agreed to the substitution. (Davidson Decl., ¶ 3.) 

As a result, the Court grants the motion. 

Moving Party is ordered to give notice.