Judge: Michael Shultz, Case: 21STCV13040, Date: 2025-04-29 Tentative Ruling

DEPARTMENT 40 - MICHAEL J. SHULTZ  - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 21STCV13040    Hearing Date: April 29, 2025    Dept: 40

21STCV13040 David Allen v. Pacific Seismic Products, Inc., et al.

Tuesday, April 29, 2025

[TENTATIVE] ORDER GRANTING MOTION TO PERMIT PLAINTIFF, DAVID ALLEN’S SUCCESSOR IN INTEREST TO CONTINUE PLAINTIFF’S ACTION

      The third amended complaint alleges that Plaintiff was subjected to discrimination, harassment, and retaliation while he was employed by Defendants. Plaintiff alleges 13 causes of action for violations of the Fair Employment and Housing Act, wrongful termination, and for violation of the Labor Code.

      Plaintiff’s spouse, Shellye Sue Allen, moves for an order to be appointed as successor-in-interest to the claims asserted by Plaintiff, who died on November 22, 2024. An opposition to the motion has not been filed. 

      An action for or against a decedent is not lost by reason of that person’s death. (Code Civ. Proc., § 377.21.) The claims survive subject to the applicable limitations period. (Code Civ. Proc., § 377.20.) 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 pursuant to a noticed motion.” (Code Civ. Proc., § 377.31.)

      The motion is adequately supported by Shellye Sue Allen, who submits a declaration and a copy of the death certificate, stating the decedent’s name, date, and place of death. Ms. Allen declares that no proceeding is pending in California for administration of the decedent’s estate, that she is decedent’s successor-in-interest, and that no other person has a superior right to continue the decedent’s claims. (Code Civ. Proc., § 377.32.)   

      Based on the foregoing, the motion is GRANTED.