Judge: Robert B. Broadbelt, Case: 19STCV01164, Date: 2022-09-09 Tentative Ruling

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Case Number: 19STCV01164    Hearing Date: September 9, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Applicant William McClain

RESPONDING PARTY:       Unopposed

Motion to Substitute Successor in Interest

The court considered the moving papers filed in connection with this motion.  No opposition was filed.

DISCUSSION

Applicant William McClain (“Applicant”) moves the court for an order appointing Applicant as the successor in interest for plaintiff Virginia Poole, now deceased (“Poole”).

“On motion 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.”  (Code Civ. Proc., § 377.31.)  The person seeking to commence an action or to continue a pending action as a decedent’s successor in interest must file a declaration meeting the requirements of section 377.32 and submit a copy of the decedent’s death certificate.  (Code Civ. Proc., § 377.32, subd. (a), (c).)

The court finds that Applicant has substantially complied with the requirements set forth in Code of Civil Procedure section 377.32 and therefore grants Applicant’s motion.

First, Applicant submitted a substantially compliant declaration.  Applicant’s declaration states decedent’s name (Poole), and the date and place of Poole’s death.  (McClain Decl., ¶ 3; Code Civ. Proc., § 377.32, subds. (a)(1), (a)(2).)  Applicant states that “[t]here is no proceeding currently pending in California for administration of” Poole’s estate.  (McClain Decl., ¶ 4; Code Civ. Proc., § 377.32, subd. (a)(3).)  Applicant states that he is “the proper successor in interest” and that “[n]o other person has a superior right to be substituted for” Poole in this action.  (McClain Decl., ¶ 5; Code Civ. Proc., § 377.32, subds. (a)(5)(A), (a)(6).)  Applicant declared the statements set forth above under penalty of perjury under the laws of the State of California.  (McClain Decl., p. 1:16-18; Code Civ. Proc., § 377.32, subd. (a)(7).)

            Second, Applicant submitted a copy of Poole’s death certificate.  (McClain Decl., Ex. 1; Code Civ. Proc., § 377.32, subd. (c).)

The court orders that (1) William McClain is substituted as the successor in interest for plaintiff Virginia Poole (deceased) in this action, and (2) this action shall be continued by William McClain as the successor in interest for plaintiff Virginia Poole (deceased).  (Code Civ. Proc., § 377.31.)

The court orders applicant William McClain to give notice of this order.

IT IS SO ORDERED.

DATED:  September 9, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court