Judge: Mel Red Recana, Case: 21STCV32999, Date: 2024-11-19 Tentative Ruling
All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.
Case Number: 21STCV32999 Hearing Date: November 19, 2024 Dept: 45
Hearing date: November 19, 2024
Moving Party: Plaintiffs and Successor-in-Interest
Yan Juan Lei
Responding
Party: None
Motion
to Substitute Successor-in-Interest for Deceased Plaintiff
The
Court considered the moving papers.
The Court GRANTS Plaintiffs’ Motion to Substitute
Successor-in-Interest Yan Juan Lei for
Deceased Plaintiff Zhouru Lei.
Background
On September 7, 2021, Plaintiffs Wai Wing Ng, Long Thai,
Quan Huang, Dot Pot, Qi Guang Chen, Zhuo Chun Lin, and Luong Quoc Yang filed a
complaint for injunctive relief and damages against Defendants C.C.O.A. Housing
Corporation (C.C.O.A) and Barker Management, Inc (Barker). Defendant Barker was dismissed on September
21, 2021.
On March 28, 2022, the original Plaintiffs, along with
more than 180 additional Plaintiffs, filed a First Amended Complaint against
Defendants C.C.O.A., Don Toy, aka Gong Toy, aka Gong Donald Toy, aka Donald G.
Toy (Toy) alleging causes of action for: (1) breach of the warranty of
habitability, (2) discrimination based on age and disability, (3) financial
abuse of elderly or dependent adults, (4) negligence, (5) premises liability,
(6) breach of contract, and (7) unfair business practices.
Plaintiffs
seek an injunction requiring the owners of Cathay Manor, subsidized rental
housing for low-income seniors, located at 600 North Broadway, Los Angeles, CA
90012, to repair the elevators and laundry facilities and maintain the building
in habitable condition. They also seek
damages for Defendants’ failure to make repairs and maintain the building.
On November 15, 2022, the Court determined that the
instant action is not complex within the meaning of California Rules of Court,
rule 3.400.
On September 16, 2024, Plaintiffs filed the instant
Motion to Substitute Successor-in-Interest Yan Juan Lei for Deceased Plaintiff Zhouru
Lei. No opposition was filed.
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.)
Code
of Civil Procedure Section 377.32 provides the following:
(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.
Discussion
Here,
the Court finds that Yan Juan Lei’s declaration complies with Section 377.32,
subdivision (a) by providing the following information. The decedent’s name is Zhouru Lei. (Lei Decl., ¶ 2.) The date and place of the decedent’s death is
listed as March 20, 2024, at Monterey Park Convalescent Hospital in Monterey
Park, Los Angeles County. (Lei Decl., ¶
3.) The declaration states that “no proceedings
are pending in California for the administration of her estate and there will
be no future probate proceedings.” (Lei
Decl., ¶ 5.) It also states that Yan
Juan Lei is the decedent’s successor in interest and no other person has a
superior right to be substituted for the decedent in the pending action. (Lei Decl., ¶¶ 2, 6-8.) Yan Juan Lei states that
she is the decedent’s eldest child, that she has been left responsible for
managing all of her father’s after death and estate matters, and that her
father’s other three children had no interest in being involved with his
estate. (Lei Decl., ¶ 6-7.) Finally, the
declarant declares under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. (Lei Decl.) The Court also finds that Lei has
complied with Section 377.32, subdivision (c) by attaching a certified copy of
the decedent’s death certificate to his declaration. (Lei Decl., ¶ 3; Exhibit B.)
Accordingly,
the Court GRANTS Plaintiffs’ Motion to Substitute Successor-in-Interest Yan
Juan Lei for Deceased Zhouru Lei.
It is so ordered.
Dated:
November 19, 2024
_______________________
MEL RED RECANA
Judge of the Superior Court