Judge: Mel Red Recana, Case: 21STCV32999, Date: 2024-04-22 Tentative Ruling

Case Number: 21STCV32999    Hearing Date: April 22, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing Date:             April 22, 2024

Moving Party:             Plaintiff Miao Ying Hu

Responding Party:      None

Motion to Substitute Successor-in-Interest for Deceased Plaintiff Miao Ying Hu

The court has considered the moving papers.  No opposition was received.

The court GRANTS the motion and appoints Carrisa Kwan as the successor in interest of deceased plaintiff Miao Ying Hu.

Discussion

The instant motion seeks to substitute Carissa Kwan (“Kwan”) as successor in the interest of her mother, plaintiff Miao Ying Hu (“Plaintiff”).  Kwan testifies that Plaintiff has passed away. (Motion, Declaration of Carissa Kwan (“Kwan Decl.”), ¶ 3.)

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc. § 377.30.) 

California Code of Civil Procedure section 377.32 (“Section 377.32”), subdivision (a) states: “The person who seeks 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 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.’”

In addition, a certified copy of the decedent’s death certificate must be attached to the declaration.  (Code Civ. Proc. §§ 377.32, subd, (c).)

Here, the court finds that Kwan’s declaration complies with Section 377.32(a) by providing the following information. The decedent’s name is Miao Ying Hu.  (Kwan Decl., ¶ 2.)  The date and place of the decedent’s death are April 10, 2023, in Los Angeles County, California.  (Kwan Decl., ¶ 3.)  A statement that no proceeding is now pending in California for administration of the decedent’s estate.  (Kwan Decl., ¶ 4.)  A statement that the declarant is the decedent’s successor in interest.  (Kwan Decl., ¶ 6 [stating that she is the spouse of the Decedent].)  A statement that no other person has a superior right to be substituted for the decedent in the pending action.  (Kwan Decl., ¶ 7.)  Finally, the declarant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.  (Kwan Decl., p. 7:1-3.)

The court also finds that Kwan has complied with Section 377.32(c) by attaching a certified copy of the Decedent’s death certificate to her declaration.  (Kwan Decl., ¶ 3; Exhibit B – Certificate of Death.) 

The court therefore GRANTS the motion.

It is so ordered.

Date:   April 22, 2024

______________________

Rolf m. TREU

Judge of the Superior Court