Judge: Michael Shultz, Case: 22STCV00001, Date: 2025-05-13 Tentative Ruling

Case Number: 22STCV00001    Hearing Date: May 13, 2025    Dept: 40

22STCV00001 Qeetoya Lay v. International Realty and Investments, et al.

Tuesday, May 13, 2025

[TENTATIVE] ORDER CONTINUING PLAINTIFF’S AMENDED MOTION FOR LEAVE TO AMEND PLAINTIFF’S COMPLAINT AFTER PLAINTIFF’S DEATH

      The complaint arises from alleged uninhabitable conditions in residential real property leased by Plaintiff from Defendants, which Defendants failed to remedy. Plaintiff alleges ten causes of action arising from these facts.

      Movant, Clydie Powell, Plaintiff’s mother, is the successor-in-interest to the Estate of Qeetoya Lay. Plaintiff died on May 30, 2024. Movant requests an order to amend the complaint to substitute the successor-in-interest in place of Plaintiff.

      The motion was timely served, and 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.) 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 inadequately supported by defense counsel’s declaration. The successor-in-interest must provide an affidavit or declaration under penalty of perjury attesting to all information required (Code Civ. Proc., section 377.32.)

      Accordingly, the motion is continued to June 3, 2025, at 8:30 a.m. in Department 40 of the Stanley Mosk Courthouse. Plaintiff’s counsel is ordered to file and serve the proposed successor-in-interest’s declaration required by Code Civ. Proc., section 377.32, 10 days before the hearing.