Judge: Michelle Williams Court, Case: 21STCV36070, Date: 2023-03-09 Tentative Ruling

Please notify Dept. 1’s courtroom staff by email (SMCDept1@lacourt.org) or by telephone (213-633-0601) no later than 8:30 a.m. the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion.  If you submit on the tentative, you must immediately notify the other side that you will not appear at the hearing.  If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motion.  Please keep in mind that appearing at the hearing and simply repeating the arguments set forth in the papers is not a good use of the court’s time or the parties’ time.

 

Case Number: 21STCV36070    Hearing Date: March 9, 2023    Dept: 1

21STCV36070           BRENDA HENRY, et al. vs CITY OF LANCASTER, et al.

Defendant’s Motion for Transfer of Action from Central District to North District

TENTATIVE RULING:  Defendant City of Lancaster’s Motion for Transfer of Action from Central District to North District is taken OFF-CALENDAR.

Background

On September 30, 2021, Brenda Henry, individually and as the personal representative of the estate of Bertram Parie, filed this action against the City of Lancaster, County of Los Angeles, Demetrius Lamar Williams, and Clinae Nichol Trainor. The complaint asserts causes of action for: (1) dangerous condition on public property; and (2) motor vehicle negligence. Plaintiff alleges Bertram Parie died as a result of a motor vehicle accident at the intersection of Avenue J and 17th Street East in the City of Lancaster.

On December 15, 2022, the City of Lancaster filed a cross-complaint against Demetrius Lamar Williams and Clinae Nichol Trainor for indemnity, apportionment of fault, and declaratory relief.

On January 27, 2023, the clerk filed Plaintiff’s request for dismissal as to the County of Los Angeles and entered the dismissal on January 30, 2023.

Motion

On February 6, 2023, Defendant City of Lancaster filed the instant motion for transfer of action from Central District to North District.

The motion is unopposed. (Code Civ. Proc. § 1005(b).)

The Court Shall Take the Motion OFF-CALENDAR

On February 8, 2023, Plaintiff’s counsel filed a Notice of Death of Plaintiff Brenda Henry. “The general rule is that, after death of a party, it is improper to render judgment for or against him without first substituting his executor or administrator. Many decisions hold that an order entered after the death of a party to an action is void in the absence of the substitution of the personal representative of such decedent.” (Kern v. Kern (1968) 261 Cal.App.2d 325, 328.)

As a result of Plaintiff’s death, there is no party plaintiff presently before the Court to oppose the instant motion or continue this litigation. “Since the authority of retained counsel generally does not survive the death of his client [Citation], plaintiff's death here left no person or entity to prosecute the underlying action on her behalf, and any proceedings taken in the absence of her personal representative would have been subject to being declared void.” (Pham v. Wagner Litho Machinery Co. (1985) 172 Cal.App.3d 966, 972–973. See also Code Civ. Proc. § 377.31.)

Accordingly, the Court takes the instant motion OFF-CALENDAR. Defendant City of Lancaster may renew its motion if a personal representative or successor in interest is appointed to continue this litigation.