Judge: Michael Shultz, Case: 22CMCV00216, Date: 2023-11-02 Tentative Ruling
Case Number: 22CMCV00216 Hearing Date: November 2, 2023 Dept: A
[TENTATIVE] ORDER
The
complaint alleges claims for medical malpractice and negligence arising from
care and treatment rendered to Plaintiff, Lawrence Spears. Plaintiff’s Guardian
ad Litem, Tyrone Spears, states that Plaintiff passed away on January 19, 2023.
The Guardian ad Litem is Plaintiff’s successor-in-interest. Plaintiff served
the motion on Defendant on September 7, 2023. No opposition has 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 (a).) 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 shall be supported by an affidavit providing a copy of the death
certificate, stating the decedent’s name, date and place of death, and that no
proceeding is pending in California for administration of the decedent’s
estate. (Code
Civ. Proc., § 377.32.) Petitioner shall also declare that declarant is
decedent’s successor-in-interest or is authorized to act on behalf of the
decedent’s successor-in-interest and that no other person has a superior right
to continue the decedent’s claims. (Id.) The Guardian ad
Litem has provided the required declaration. Although Plaintiff had five
children, the Guardian ad Litem is authorized to act as Plaintiff’s appointed attorney-in-fact.
(Decl of Tony Spears.)
Based
on the foregoing, the motion is GRANTED.