Judge: Stephen P. Pfahler, Case: 19CHCV00351, Date: 2023-08-21 Tentative Ruling

Case Number: 19CHCV00351    Hearing Date: October 12, 2023    Dept: F49

Dept. F-49

Date: 10-12-23

Case #19CHCV00351

Trial Date: 12-4-23 c/f 9-5-23 c/f 7-31-23

SUBSTITUTION OF SUCCESSOR

MOVING PARTY: Plaintiff/Cross-Defendant, Alain Belisle, et al.

RESPONDING PARTY: Unopposed/Defendant/Cross-Complainant, Susan Langan, successor of interest to Estate of Shier

RELIEF REQUESTED

Motion for Substitution/Appointment of a Successor

SUMMARY OF ACTION

Plaintiff Alain Belisle, a majority shareholder, and on behalf of Intelitek, Inc., alleges third party minority shareholder Hamid Baheri and ousted third party shareholder, defendant Mark Shier engaged in certain activities against the interests of the corporate entity and for personal interest.

On April 26, 2019, Plaintiff filed a verified derivative complaint for Breach of Fiduciary Duty, Abuse of Authority, and Accounting. On July 15, 2019, Shier answered the complaint. On September 24, 2019, Shier filed a cross-complaint against Belisle and Intellitek for Breach of Fiduciary Duty, Breach of Written Contract, Wrongful Termination, Breach of Authority and Breach of the Implied Duty of Good Faith and Fair Dealing, Tortious Interference with Contractual Relationship, Tortious Interference with Prospective Economic Advantage, Breach of Buy-Sell Agreement, and Accounting. Plaintiffs answered the cross-complaint on October 11, 2019.

On July 10, 2023, counsel for Shier filed a notice of the death of Shier on the same day. On August 21, 2023, the court granted the motion to stay the action for 90 days.

RULING: Granted.

Plaintiff/Cross-Defendant, Alain Belisle, on behalf of Intelitek moves for substitution of a personal representative on behalf of defendant/cross-complainant, decedent, Mark Shier. Plaintiff moves to substitute Susan Langan, successor of interest to Estate of Shier. Susan Langan submitted notice of non-opposition.

A decedent’s appointed personal representative may substitute into an action for causes of action that survive a plaintiff’s death. (Code Civ. Proc., §§ 377.11, 377.30, 377.31, 377.34.) A successor-in-interest must file a declaration with specified elements and a death certificate (Code Civ. Proc., § 377.32). The declaration of Lester presents the basis of the application. A death certificate was never presented to the court, notwithstanding the intention to present said certificate in the July 10, 2023, filed Notice of Death. The court accepts Susan Langan as the rightful successor, and grants the motion, given the December 4, 2023.

The unopposed motion for substitution of personal representatives is therefore granted. The court orders the parties to file a copy of the death certificate within 10 days of this order.

Trial date to stand.

Belisle to give notice.