SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

1. Background 

On December 8, 2020, Plaintiffs Kien Thien Tran (“Decedent”) and Yanfang Luo (“Luo”) (collectively, “Plaintiffs”) filed this action against Defendant Kou Gen Bai (“Defendant”).  On June 1, 2023, Plaintiff Luo filed this motion to be appointed as Decedent’s successor-in-interest. Plaintiff Luo provides that the parties had reached a settlement agreement for both Plaintiffs on September 21, 2022. However, Decedent unexpectedly passed away from an unrelated incident on August 9, 2022. Plaintiff Luo declares she is the surviving spouse of Decedent and his successor-in-interest, and that the motion is necessary to effectuate the settlement agreement reached between Plaintiffs and Defendant. The motion is unopposed. 

 

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.”  (Code Civ. Proc., § 377.30.)  After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest.  (Code Civ. Proc., § 377.31.)  

 

The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (1) the decedent’s name, (2) the date and place of decedent’s death, (3) “No proceeding is now pending in California for administration of the decedent’s estate,” (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding,” and (7) the statements are true, under penalty of perjury.  (Code Civ. Proc., § 377.32(a)(1)-(7).) Additionally, a certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. (Code Civ. Proc., § 377.32(c).) 

 

Decedent passed away on August 9, 2022.  Plaintiff Luo executed a declaration which satisfies the requirements of CCP section 377.32.  Accordingly, the unopposed motion is GRANTED.