Judge: Michael E. Whitaker, Case: 18STCV10292, Date: 2022-09-21 Tentative Ruling

Case Number: 18STCV10292    Hearing Date: September 21, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Plaintiff Sofia Lira (“Decedent”) sued defendant Café International based on a slip and fall on property owned or controlled by Defendant.  Decedent died on June 18, 2020.  Hector Lira (“Hector”), as her surviving spouse, moves the Court for an order to maintain this action as Decedent’s successor in interest. 

ANALYSIS

            A decedent’s successor in interest is the “beneficiary of the decedent's estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.”  (Code Civ. Proc., § 377.11.)  “A pending action or proceeding does not abate by the death of a party if the cause of action survives.”  (Code Civ. Proc., § 377.21.)  “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.)

Here, Hector has advanced his own declaration in support of the motion.  Hector provides all information required by Code of Civil Procedure section 377.32.  Accordingly, the Court grants Hector’s motion to maintain this action as Decedent’s successor in interest.  The Court deems Hector the successor in interest for Decedent as of this date.

Hector shall provide notice of this order and file a proof of service of such.