Judge: Stephen P. Pfahler, Case: 22CHCV01059, Date: 2023-08-28 Tentative Ruling

Case Number: 22CHCV01059    Hearing Date: August 28, 2023    Dept: F49

Dept. F-49

Date: 8-28-23 c/f 8-7-23

Case #22CHCVC01059

Trial Date: Not Set

SUBSTITUTE SUCCESSOR IN INTEREST

MOVING PARTY: Silvia Vazquez

RESPONDING PARTY: Unopposed/Defendants, Armando Ramos, et al.

RELIEF REQUESTED

Motion to Substitute Successor in Interest

SUMMARY OF ACTION

On March 21, 2021, plaintiff Crispin Villalobos was involved in a car collision with defendant Armando Ramos, an employee operating a vehicle on behalf of defendant Davie Davis Plastering, Inc.

On November 3, 2022, Villalobos filed a complaint for negligence. Dave Davis Plastering, Inc. answered the complaint on January 31, 2023.

RULING: Granted.

Silvia Vazquez, the widow of Villalobos, moves to substitute in as real party of interest for plaintiff Crispin Villalobos. Villalobos died on March 27, 2023.

A new party, decedent’s appointed personal representative or a successor-in-interest, may substitute into an action for causes of action that survive a plaintiff’s death. (Code Civ. Proc., §§ 377.30, 377.34.) A successor-in-interest must file a declaration with specified elements and a death certificate (Code Civ. Proc., § 377.32). Moving party filed two declarations. The declaration of Silvia Vazquez attest to status as the widow of Plaintiff, and the lack of any other superior right. The declaration of attorney Carlos Gomez represented attached copies of the death certificate, but no such certified copy of the certificate appears with the May 25, 2023, electronically filed document. (Code Civ. Proc., § 377.32, subd. (c).) The court therefore continued the hearing in order to allow Plaintiff an opportunity to submit an amended declaration and death certificate.

Attorney Analicia Avila subsequently presents a declaration containing the death certificate. [Declaration of Analicia Avila, Ex. A.] The other attached exhibit represented as the declaration of “Silvia E. Vaquez” was not incorporated as any exhibit (no Exhibit C incorporated) but the court relies on the previously filed copy in support.

The motion is granted.

Plaintiff to provide notice.