Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

I. BACKGROUND 

Plaintiff Glenda Dhanjal (“Plaintiff”) filed this action against defendants Proshat Shahrestany, DDS, et al. for allegations arising out of her employment with Studio City Dental. 

Plaintiff’s counsel has now filed this motion seeking Norma Rubio (“Rubio”) to be substituted in as successor of interest due to the passing of Plaintiff. 

Defendant Proshat Shahrestany, DDS d/b/a Studio City Dental Arts (“Defendant”) filed a motion supporting the substitution. Defendant provides that this matter has settled, but that the settlement may not be finalized and executed until Rubio is named successor-in-interest. Outside of the substitution, Defendant requests the trial date be vacated or continued; the Court will address this request at the hearing. 

 

II. MOTION TO SUBSTITUTE 

“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).) 

The Court has reviewed Rubio’s declaration filed in support of the motion. Rubio’s executed a declaration satisfies the requirements of CCP section 377.32. 

 

III. CONCLUSION 

Based on the foregoing, the motion is to substitute Plaintiff is GRANTED. 

 

Moving Party is ordered to give notice. 

 

DATED: July 17, 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.