Judge: Michael Shultz, Case: 23CMCV00476, Date: 2024-06-06 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 23CMCV00476 Hearing Date: June 6, 2024 Dept: A
23CMCV00476
Ruben Eliezer Rivera Lopez v. City of Los Angeles, County of Los Angeles
[TENTATIVE] ORDER
The
complaint alleges claims for premises liability for injuries sustained by
Plaintiff, who fell on a sidewalk due to a dangerous condition. Lucia Lopez is
Plaintiff’s mother. Plaintiff died on August 7, 2023. Decedent was never
married and had one child, Sofia Lucia Rivera, who is a minor. Lucia Lopez
requests an order appointing her as successor-in-interest. 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 adequately supported by Lucia Lopez, who submits a declaration and a copy
of the death certificate, stating the decedent’s name, date, and place of death.
(Lucia Lopez Decl. ., .pdf p. 4-5.) Ms. Lopez 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.