Judge: Peter A. Hernandez, Case: 23STCV29778, Date: 2025-02-06 Tentative Ruling

Case Number: 23STCV29778    Hearing Date: February 6, 2025    Dept: 34

Successors-In-Interest Matthew Macedo and Melissa Macedo’s Motion to Substitute Successors-In-Interest of Deceased Plaintiff Mauricio Macedo Ramirez as Plaintiffs is GRANTED.

Background

            On December 6, 2023, Plaintiff Mauricio Macedo Ramirez (“Plaintiff”) filed a complaint against Defendant Rockport Administrative Services, LLC (“Defendant”) arising from Plaintiff’s employment with Defendant alleging causes of action for:

1.     Discrimination Based Upon Gender Workplace Disparate Treatment;

2.     Discrimination Based Upon Gender Workplace Disparate Impact;

3.     Harassment Based on Gender in Violation of FEHA;

4.     Failure to Prevent Discrimination, Harassment and Retaliation in Violation of FEHA;

5.     Wrongful Termination and Retaliation in Violation of Public Policy;

6.     Retaliation in Violation of FEHA; and

7.     Intentional Infliction of Emotional Distress.

On February 8, 2024, at the request of Plaintiff, the Clerk’s Office entered default on Defendant.

On June 20, 2024, Defendant filed an answer to Plaintiff’s complaint.

On January 10, 2025, Successors-In-Interest Matthew Macedo and Melissa Macedo filed this Motion to Substitute Successors-In-Interest of Deceased Plaintiff Mauricio Macedo Ramirez as Plaintiffs. No opposition or responsive pleading has been filed.

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 representative or, if none, by the decedent's successor in interest.” (Code Civ. Proc., § 377.30.)  

“[D]ecedent’s successor in interest’ means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.)  

The beneficiary of the decedent’s estate, in turn, means “[i]f the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will.” (Code Civ. Proc., §377.10, subd. (a).) On the other hand, “[i]f the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code . . . .” (Code Civ. Proc., §377.10, subd. (b).) 

In the case of  commencing an action, , the person who seeks to continue the pending action must also execute and file an affidavit which contains, in relevant part:  

(1) The decedent’s name. (2) The date and place of the decedent’s death. (3) “No proceeding is now pending in California for administration of the decedent's estate.” (4) If the decedent's estate was administered, a copy of the final order showing the distribution of the decedent's cause of action to the successor in interest. (5) Either of the following, as appropriate, with facts in support thereof: (A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent's interest in the action or proceeding.” . . . (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.” (7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” 

(Code Civ. Proc., §377.32 subd. (a).) 

Discussion

            Successors-in-interest Matthew Macedo and Melissa Macedo move to substitute Plaintiff in the present action. They declare that Plaintiff died intestate and was unmarried at the time of his death making Plaintiff’s sons his successors-in-interest, Michael Macedo and Mathew Macedo, who are both minors. As such, Melisa Macedo, as mother and guardian of Michael and Matthew Macedo, and Matthew Macedo provide a declaration that comports with all the requirements of section 377.32(a). (Motion, at p. 3, Macedo Decl., ¶¶ 1-3.) As such, the motion is granted.

Conclusion

Successors-In-Interest Matthew Macedo and Melissa Macedo’s Motion to Substitute Successors-In-Interest of Deceased Plaintiff Mauricio Macedo Ramirez as Plaintiffs is GRANTED.