Judge: Michael J. Strickroth, Case: 2021-01196389, Date: 2023-08-07 Tentative Ruling

Motion to Abate Action or, in the Alternative, Dismiss Action

Defendants The Regents of the University of California and Ariana Nelson, M.D.’s Motion to Abate is CONTINUED to 9/25/2023 at 1:45 PM in C15. 

Plaintiff is alleged to have passed away on or about 12-27-22.  In this motion, Defendants have notified this Court that Plaintiff is deceased.

Plaintiff was an attorney and representing himself in his action in pro per.  Defendants served the instant motion by e-service on Plaintiff’s law firm’s email address, knowing he was deceased.  The dead don’t usually answer/respond to email.  Service on a party after his death is not proper service.  Defendants should have either served the motion by certified mail at Plaintiff’s firm address and/or his last known home address. 

Accordingly, Defendants are ordered to re-serve the motion at Plaintiff’s law firm address and his last known home address by certified mail. The Court also schedules this matter for a status conference on 9/25/2023 at 1:45 PM.  The Court orders moving party’s counsel to reach out by mail and telephone call to the decedent’s law office to ascertain whether there is interest in continuing the case, substituting the proper entity as plaintiff, resolution, etc.  Counsel for moving party is to file a declaration 5 court days before the hearing stating the efforts and results of said contacts.  In this declaration, moving party counsel is also to address why the discovery motions heard on 7/17/2023 were not continued, taken off calendar or the Court advised of plaintiff’s death as a reason for lack of opposition to said motions.

Moving party to give notice.