Judge: Michelle C. Kim, Case: 22STCV15214, Date: 2024-03-07 Tentative Ruling

Case Number: 22STCV15214    Hearing Date: March 7, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

WANDA ANN LEACH, 

Plaintiff(s),  

vs. 

 

CASE MORENO & GRILL dba CASA MORENO FINE MEXICAN FOOD, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV15214 

 

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

 

Dept. 31 

1:30 p.m.  

March 7, 2024 

 

Plaintiff Wanda Ann Leach (“Plaintiff”) filed this action against defendants Casa Moreno & Grill, Inc. DBA Casa Moreno Fine Mexican Food, Maria Mercy Moreno, and Maria Mercedes Moreno Trust, a Trust for damages arising from a slip and fall on defendants’ premises.   

 

Walter Bruce Keppel (“Keppel”) has now filed this motion to be substituted as Plaintiff’s successor-in-interest. Keppel declares he is the brother and sole next of kin of Plaintiff. Plaintiff had no spouse or children at the time of death. Keppel declares that he is Plaintiff’s successor-in-interest, and has been elected to act in Plaintiff’s interest in this action. 

 

“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).) 

 

Plaintiff passed away on June 27, 2023. The Court has reviewed Keppel’s declaration filed in support of the motion. Keppel’s executed a declaration which satisfies the requirements of CCP section 377.32.  Accordingly, the unopposed motion is GRANTED.   

 

Moving party 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 6th hy of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court