Judge: Serena R. Murillo, Case: 20STCV27132, Date: 2022-10-10 Tentative Ruling

Case Number: 20STCV27132    Hearing Date: October 10, 2022    Dept: 29

Felicia Williams v. Onemor, Inc.

TENTATIVE

The Motion to Substitute as Successor in Interest filed by Plaintiff Felicia Williams is CONTINUED to November 14, 2022.

Legal Standard

CCP 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.”  (Code Civ. Proc., § 377.31.) 

CCP section 377.32 provides that 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.                  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.” 

B.                  “The 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.                  “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(a).)  A certified copy of the decedent’s death certificate must also be attached to the affidavit or declaration.  (Id., § 377.32(c).) 

“‘Decedent’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.) A “beneficiary of the decedent’s estate” means “if the decedent died without 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¿or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.” (Code of Civ. Proc., § 377.10.)

In turn, Probate Code section 6402 provides, in pertinent part:

“…the entire intestate estate if there is no surviving spouse, passes as follows:

(a)    To the issue of the decedent…

(Probate Code section 6402.)

Discussion

Since the time of the filing of Plaintiff’s Complaint, Plaintiff has died. In light of his death, Lisa Monquie Williams moves for an order permitting her substitution as the Successor in Interest to Plaintiff’s causes of action.

Lisa’s declaration is filed with the motion. However, the declaration does not satisfy the requirements of CCP section 377.32(a) as it does not state the location of Plaintiff’s death. (See CCP section 377.32(a)(2).) Moreover, the Court notes that in the motion Plaintiff argues that Lisa is Plaintiff’s mother, but in the declaration, Lisa states she is the daughter of Plaintiff. (Williams Decl., ¶ 1.) Thus, a clarification is required. If Lisa is Plaintiff’s mother, then she may not the successor in interest, as the motion states Plaintiff has children, who may be the successors in interest. Further, Plaintiff has not attached a certified copy of the decedent’s death certificate to the declaration as required under CCP section 377.32(c).

Conclusion

Accordingly, the motion to appoint Lisa Monquie Williams as successor in interest is CONTINUED to November 14, 2022 to allow Plaintiff to present more information regarding whether Lisa is the mother or daughter of Plaintiff, to file the death certificate, and the file a new declaration stating the location of Plaintiff’s death.

Moving party is directed to give notice.