Judge: Michael Shultz, Case: 23CMCV01267, Date: 2024-03-21 Tentative Ruling

Case Number: 23CMCV01267    Hearing Date: March 21, 2024    Dept: A

23CMCV01267 Reginald Colbert v. Access Services, et al.

Thursday, March 21, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION TO APPOINT SUCCESSOR-IN-INTEREST

      The complaint alleges claims for negligence arising from injuries sustained in a motor vehicle accident. Plaintiff’s spouse, Lakrisha Lynn Colbert, requests an order appointing her as successor-in-interest to Plaintiff’s claims. The motion was timely served on Defendants. 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 Lakrisha Lynn Colbert, who submits a declaration and a copy of the death certificate, stating the decedent’s name, date, and place of death. (Elina Shakhbazyan Decl., Ex. A; Lakrisha Lynn Colbert Decl.) Ms. Colbert 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.