Judge: Michelle C. Kim, Case: 21STCV32257, Date: 2023-08-23 Tentative Ruling

Case Number: 21STCV32257    Hearing Date: August 23, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ELIE DAKLOUSH, 

Plaintiff(s),  

vs. 

 

MATIAS GARCIAARELLANO, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV32257 

 

[TENTATIVE] ORDER RE: MOTION FOR ORDER SUBSTITUTING SUCCESSOR IN INTEREST FOR DECEDENT PLAINTIFF 

 

Dept. 31 

1:30 p.m.  

August 23, 2023 

 

1. Background 

Plaintiff Elie Dakloush filed this action against Defendant Matias Garcia Arellano, erroneously sued as Matias Garciaarellano, and Dylan Garcia.   

 

Plaintiff now moves for an order substituting Janet Dakloush (“Janet”) for Decedent Elie Dakloush (“Decedent”) in this action as Decedent’s successor-in-interest.  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 October 13, 2022.  Janet executed a declaration which satisfies the requirements of CCP section 377.32.  Accordingly, the unopposed motion to substitute Janet as Successor in Interest to Deceased Plaintiff Elie Dakloush is GRANTED.   

 

Moving party to ordered to give notice. 

 

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¿sscdept31@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.¿ 

 

  Dated this 22nd day of August 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court