Judge: Salvatore Sirna, Case: 23PSCV03690, Date: 2024-08-13 Tentative Ruling

Case Number: 23PSCV03690    Hearing Date: August 13, 2024    Dept: G

Plaintiff Laura Wang’s Motion for Substitution of Plaintiff Successor in Interest

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Laura Wang’s Motion for Substitution of Plaintiff Successor in Interest is GRANTED.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In November 2023, Plaintiffs Jeff Wang and Laura Wang were involved a motor vehicle collision with Defendant Yu Xiao Zhang at the intersection of Grand Avenue and Montefino Avenue in Diamond Bar.

On November 29, 2023, the Wangs filed a complaint against Zhang and Does 1-30, alleging causes of action for (1) motor vehicle negligence and (2) general negligence.

On July 8, 2024, Laura Wang filed the present motion. A hearing on the present motion is set for August 13, 2024, along with a case management conference and OSC Re: Sanctions.

ANALYSIS

Laura Wang moves for the appointment of Laura Wang as Jeff Wang’s successor in interest. For the following reasons, the court GRANTS Laura Wang’s motion.

Legal Standard

Code of Civil Procedure section 377.31 provides that “[o]n 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.” (See Code Civ. Proc., § 377.30; Adams v. Superior Court (2011) 196 Cal.App.4th 71, 78-79.) A successor in interest is “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.) Code of Civil Procedure section 377.33 provides that “[t]he court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent's successor in interest as a special administrator or guardian ad litem.”

Pursuant to Code of Civil Procedure section 377.32, a person who seeks to commence such an action as the decedent’s successor in interest must file an affidavit or declaration providing the following: (1) decedent’s name, (2) date and place of decedent’s death, (3) language stating “[n]o proceeding is now pending in California for administration of the decedent's estate,” (4) a final order showing distribution of decedent’s cause of action to successor if decedent’s estate was administered, (5) language stating “[t]he 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” or “[t]he affiant or declarant is authorized to act on behalf of the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent's interest in the action or proceeding,” (6) language stating “[n]o 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) language stating “[t]he 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,” and (8) a certified copy of decedent’s death certificate.

Discussion

In this case, Laura Wang seeks to serve as Jeff Wang’s successor in interest in this action following Jeff Wang’s death. In support of this motion, Laura Wang has filed a declaration that meets all the requirements of Code of Civil Procedure section 377.32. Accordingly, Laura Wang’s motion is GRANTED.

CONCLUSION

Based on the foregoing, Laura Wang’s motion to appointed as Jeff Wang’s successor in interest is GRANTED.