Judge: Melvin D. Sandvig, Case: 23CHCV01379, Date: 2025-03-28 Tentative Ruling

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Case Number: 23CHCV01379    Hearing Date: March 28, 2025    Dept: F47

Dept. F47

Date: 3/28/25

Case #23CHCV01379

MOTION TO CONTINUE PENDING ACTION

Motion filed on 1/23/25.

MOVING PARTY: Dolores Dela Cruz

RESPONDING PARTY: all other parties

NOTICE: ok

RELIEF REQUESTED: An order allowing this action to be continued by Dolores Dela Cruz, as the successor-in-interest of decedent Ella Chan.

RULING: The motion is granted.

SUMMARY OF ACTION & PROCEDURAL HISTORY

This action arises out of the care and treatment Plaintiff Ella Chan (Plaintiff) received while a resident at residential care facility doing business as Defendant J28 Home Care Corp. (J28).  Plaintiff alleges that Defendants Edjeska Macandili (Macandili) and Zerafat Nikou (Nikou) owned and/or operated J28. 

On 5/10/23, Plaintiff filed this action against J28; Macandili; Nikou and Does 1-50 for: (1) Dependent Adult Abuse/Neglect, (2) Negligence (mislabeled as Willful Neglect in the caption of the complaint) and (3) Medical Negligence.  On 9/3/24, Plaintiff died. 

On 1/23/25, Delores Dela Cruz (Cruz) filed and served the instant motion seeking an order allowing this action to be continued by Cruz, as the successor-in-interest of decedent Ella Chan.  No opposition or other response to the motion has been filed. 

ANALYSIS

Personal injury actions, including medical malpractice and elder abuse, survive a plaintiff’s death.  See CCP 377.21, 377.34(a); Hume (1952) 112 CA2d 147, 150; Carter (2011) 198 CA4th 396, 413; Herrero (1964) 227 CA2d 69, 76; Welfare & Institutions Code 15657.3(c).

If a plaintiff dies after commencing an action, pursuant to a motion, the court must allow the pending action to be continued by the decedent’s successor-in-interest.  CCP 377.31.  A person seeking to continue a pending action or proceeding as the decedent’s successor-in-interest must execute and file a declaration setting forth specific matters relating to the decedent and the successor-in-interest.  See CCP 377.32.  Cruz has submitted a declaration indicating that she is the personal representative and successor-in-interest of Plaintiff.  See CCP 377.11; (Cruz Decl.).

Cruz’s declaration indicates that she is Plaintiff ’s daughter.  (Cruz Decl.).  Plaintiff died without a will and is survived by her husband, Arnold Chan (Chan), who is Cruz’s father.  Id.  Chan appointed Cruz as his attorney-in-fact as to all matters concerning the claims and legal proceedings in this action and assigned all of his rights and interests in this action to Cruz.  Id.  The declaration also states that no proceeding is pending in California for the administration of Plaintiff’s estate and no other person has a superior right to Cruz to be substituted for Plaintiff in this action.  Id.

CONCLUSION

The motion is granted.