Judge Randolph M. Hammock, Case Number: 24STCV16289, Date: 2025-06-12 Tentative Ruling

Ingrid Lizeth Chacon, et al. v. L.A. Downtown Medical Center, LLC, et al.

MOTION FOR ORDER TO SUBSTITUTE PERSONAL REPRESENTATIVE FOR PLAINTIFF INGRID LIZETH CHACON

MOVING PARTY: Oscar Geovanny Tejeda, as personal representative or successor in interest for deceased Plaintiff Ingrid Lizeth

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs Ingrid Lizeth Chacon and Emily Martinez-Correa bring this action against their former employer, Defendant L.A. Downtown Medical Center. Plaintiff Chacon alleges she was wrongfully terminated after suffering workplace injuries. Plaintiff Martinez-Correa similarly alleges she was wrongfully terminated after suffering a workplace injury and complaining about wrongdoing by coworkers.

Plaintiff Chacon is now deceased. Oscar Geovanny Tejeda, as her personal representative or successor in interest, now moves to be substituted as Plaintiff. No opposition was filed. [FN 1]

Plaintiff’s Motion is GRANTED. Oscar Geovanny Tejeda is substituted into the case as a Plaintiff to continue this pending action, as the personal representative for Ingrid Lizeth. .

Moving party to give notice, unless waived.

Motion to Substitute Party

Code of Civil Procedure § 377.31 provides that “after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”

A successor in interest of a decedent in a pending action or proceeding must execute and file an affidavit or declaration under penalty of law stating: (i) the decedent’s name; (ii) the date and location of decedent’s death; (iii) “No proceeding is now pending in California for administration of the decedent’s estate;” (iv) provide a copy of the final order noting the distribution “of the decedent’s cause of action to the successor in interest,” assuming decedent’s estate was administered; (v) state either, the affiant or declarant is the successor in interest according to CCP §377.11 and succeeds the decedent in the current action or the affiant or declarant may legally act on behalf of the decedent’s successor in interest according to CCP §377.11 in the current action; (vi) no other has a superior right to commence the current action or the right to be substituted in the current action; and (vii) the affiant or declarant states the aforementioned is true and correct under the penalty of perjury under California law. (CCP §377.32.)

Plaintiff Ingrid Lizeth Chacon filed this action on June 28, 2024. Plaintiff passed away on August 3, 2024, during the pendency of this action. (Tejeda Decl. ¶ 4, Exh. 1.) Ms. Chacon’s son, Oscar Geovanny Tejeda, now moves to be substituted as Plaintiff for the deceased.

Mr. Tejeda has provided a declaration attesting to the requirements of CCP § 377.32, which demonstrate he is the decedent’s successor in interest. Therefore, he is a proper party and is entitled to continue this action as a Plaintiff on Ms. Chacon’s behalf.

Accordingly, Plaintiff’s Motion is GRANTED.

Dated: June 12, 2025 ___________________________________

Judge of the Superior Court

FN 1 - Plaintiff served the motion on Defendant’s counsel electronically on May 9, 2025. (See Proof of Service.)

FN 2 - Emily Martinez-Correa also remains a Plaintiff.

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept49@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.