Judge: Robert B. Broadbelt, Case: 24STCV04499, Date: 2025-02-10 Tentative Ruling

Case Number: 24STCV04499    Hearing Date: February 10, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Investor Partners, LLC        

RESPONDING PARTY:       Unopposed

Motion to Substitute Deceased Defendant’s Successor in Interest

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

DISCUSSION

Plaintiff Investor Partners, LLC (“Plaintiff”) moves the court for an order substituting Linda Ginoza-Grovier (“Ginoza-Grovier”) in place of deceased defendant Harry Ginoza[1] (“Decedent”) as Decedent’s successor in interest.

“On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.”  (Code Civ. Proc., § 377.41.)  “‘[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.)

Plaintiff has submitted a copy of the filing entitled “Plaintiff’s Motion re Substitution of Decedent’s Successor in Interest,” filed by Ginoza-Grovier on behalf of Decedent in Case No. 23STCV08246,[2] and the “Declaration of Linda Ginoza-Grovier as Successor in Interest to Substitute in for Deceased Plaintiff Pursuant to CCP Section 377.32,” filed in support of the motion for substitution of successor in interest in Case No. 23STCV08246.  (Young Decl., Exs. 1-2.)  Ginoza-Grovier stated, in her supporting declaration, that (1) Decedent passed away on October 15, 2023; (2) Ginoza-Grovier is one of the successors in interest to the estate of Decedent within the meaning of Code of Civil Procedure section 377.11, and (3) Ginoza-Grovier was “authorized by the other successors in interest to act as successor trustee of the trust of [Decedent] to act on their behalf in the above-entitled proceeding.”  (Young Decl., Ex. 2, Ginoza-Grovier Decl., ¶¶ 2, 4, 5.)   Thus, Ginoza-Grovier requested to substitute in as a plaintiff on behalf of Decedent in his action to quiet title to his property.  (Young Decl., Ex. 2, Ginoza Grovier Decl., p. 1:23-28.)

The court finds that Plaintiff has submitted evidence showing that it may continue this action against Ginoza-Grovier as Decedent’s successor in interest because (1) Ginoza-Grovier has stated that she is one of the successors in interest to Decedent’s estate and succeeded to his interest in the case filed by Decedent (Case No. 23STCV08246), and (2) both Case No. 23STCV08246, filed by Decedent, and this action, filed by Plaintiff, concern the same real property, such that the declaration of Ginoza-Grovier also appears to show that she has “succeed[ed] . . . to a particular item of the property that is the subject of a cause of action” in Plaintiff’s Complaint.  (Code Civ. Proc. ,§§ 377.11, 377.41; Young Decl., Ex. 2, Ginoza-Grovier Decl., p. 1:23-28 and ¶¶ 4-6; Pl. Compl., ¶ 3 [subject property is 3234 Larissa Drive, Los Angeles, California, 90026]; Case No. 23STCV08246 Compl., ¶ 1 [defining subject property to be 3234-3236 Larissa Drive, Los Angeles, California, 90026].)  The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 377.41.)

ORDER

            The court grants plaintiff Investor Partners, LLC’s motion to substitute deceased defendant’s successor in interest.

            The court orders that (1) Linda Ginoza-Grovier shall be substituted as the successor in interest for defendant Harry Ginoza (deceased) in this action, and (2) this action shall be continued against Linda Ginoza-Grovier as the successor in interest for defendant Harry Ginoza (deceased). 

The court orders plaintiff Investor Partners, LLC to file a Notice of Related Case in Case No. 23STCV08246 no later than February 19, 2025.

            The court orders plaintiff Investor Partners, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 10, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court