Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

I. BACKGROUND 

Plaintiff Jesse Lauricella (“Plaintiff”) filed this action against defendants Firefly Fabrications, Justin Campbell, and Does 1 through 20 for allegations of a failure to timely make repairs and upgrades to a boat owned by Plaintiff pursuant to a contractual agreement. 

Plaintiff’s counsel has now filed this motion seeking Matthew Thompson (“Thompson”) to be substituted as Plaintiff’s personal representative because of Plaintiff’s passing. The motion is unopposed. 

 

II. LEGAL STANDARD 

“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.) 

 

III. DISCUSSION¿ 

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).) 

Here, there is no affidavit or declaration by Thompson to satisfy the requirements of CCP section 377.32; the sole declaration of Plaintiff’s counsel is insufficient. 

 

IV. CONCLUSION 

Based on the foregoing, the motion is CONTINUED to ____________ in Dept. 78 to provide the moving party the opportunity to cure the above-noted defect. The supplemental declaration must be filed and served no later than five calendar days prior to the hearing date. 

 

Moving Party is ordered to give notice. 

 

DATED: July 8, 2024 

__________________________ 

Hon. Michelle C. Kim¿ 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.